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2013 12 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 12, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, December 12, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Council Member Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the December 12, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney. I. SWEARING -IN CEREMONY a. Administer the Oaths of Office to Mercedes Renteria 111, Council Member District No. One; Chris Presley, Council Member District No. Two; and Brandon Capetillo, Council Member District No. Three. Judge Don Coffey administered the Oaths of Office to Mercedes Renteria 111, of Council Member District No. One and Chris Presley, of Council Member District No. Two. Judge Kelly Benavides administered the Oath of Office to Brandon Capetillo, of Council Member District No. Three. 2. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on November 18,2013. City Council Regular Meeting Minutes December 12, 2013 Page 2 of 20 A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C. Hoskins approving the November 18, 2013, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria 111, Council Member Terry Sain, Nays: None Approved 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Michelle Phillips requested to appear before Council to invite Citizens, Staff and Council Members to participate in the Cruisin' Texas Toy Drive on December 21, 2013. Ms. Phillips stated that the Cruisin' Texas Toy Drive would be held on December 21, 2013, and invited members of council, staff, and citizens to participate in the event. b. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda item and recognized City of Baytown employees for their years of service (5, 10, 15 plus years). 10 Years: Elkin Rivas - Paramedic, Fire Department 15 Years: Shawn Rossi - Fire Lieutenant 20 Years: Keith Lowell - Fire Lieutenant David Cox - Fire Lieutenant 30 Years: Timothy Rogers - Fire Battalion Chief C. Recognize Judge.lulie Escalante for her service as President on dual boards. City Manager Leiper presented the agenda item and recognized Judge Julie Escalante for her service as President on dual boards. City Council Regular Meeting Minutes December 12, 2013 Page 3 of 20 4. PUBLIC HEARINGS a. Conduct the first public hearing for the proposed annexation of a 10 -foot wide strip of land north of Interstate 10, along the cast side of Sjolander heading northeast just south of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris County, Texas. At 6:53 P.M., Mayor DonCarlos opened and conducted the first public hearing for the proposed annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of Sjolander heading northeast just south of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris County, Texas. City Manager Leiper stated that on November 18, 2013, the City Council approved a resolution granting the petition of Chevron Phillips Chemical Company, LP, and directed staff to create a service plan for the proposed area to be annexed. He stated that notices were posted on the City's website and notice board on November 26, 2013 and published in The Baytown Sun on November 26, 2013. With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at 6:55 P.M. b. Conduct the second public hearing for the proposed annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of Sjolander heading northeast just south of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris County, Texas. At 6:55 P.M., Mayor DonCarlos opened and conducted the second public hearing for the proposed annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of Sjolander heading northeast just south of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris County, Texas. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 6:57 P.M. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing an Earnest Money Contract with Efrain Garcia for the purchase of approximately 12 acres located 1,732 feet south of E. Wallisville Road and 1,921 feet east of N. Main Street, and more particularly described as a portion of Tract 8A, Abstract 21, G Ellis Survey, Harris County, Texas, Harris County, Texas. City Manager Leiper presented the agenda item and stated that Council previously approved contracts to purchase the adjacent 36 acres for locating the new 9 -1 -1 Center and for future park development. He stated that this additional property will expand the site to almost 50 acres and provide additional room for growth and development of City facilities north of 1 -10. City Council Regular Meeting Minutes December 12, 2013 Page 4 of 20 City Manager Leiper stated that the acquisitions are contingent upon (i) an inspection report satisfactory to the City, (ii) an environmental site assessment satisfactory to the City; (iv) the acquisition of two properties to the east of the subject property owned by Alberto Garcia and Mario Garcia, and (vi) the City Council's approval of the earnest money agreements. He stated that the agreement requires the Seller to donate a 1,830'x 30' strip of land fora future road right - of -way. During further discussion, Mayor DonCarlos inquired if there was a prospective sight for the 9- 1-1 Center. City Manager Leiper stated that the sight is projected for the comer area of the land and does not require any frontage. Additionally, City Manager Leiper stated that once they close on the land, they anticipate contacting the Baytown Fairgrounds to negotiate a cross access roadway to the facility. Council Member Presley inquired if the City received the best sales price for this property considering that the sales price for this tract with about 30 feet of road frontage is generally the same as two other tracts with about 300 feet of road frontage. City Manager Leiper stated that he is confident that the city received the best price for the land. He stated that the price for the additional piece of land was not reduced, because it is part the entire tract, but if not taken out would have been like paying for the entire tract. A motion was made by Council Member Mercedes Renteria 111 and seconded by Council Member Brandon Capelillo approving Ordinance No. 12,426. The vote was as follows: Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria 111, Council Member Terry Sain, Nays: None Approved ORDINANCE NO. 12,426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EARNEST MONEY CONTRACT WITH EFRAIN GARCIA FOR THE PURCHASE OF PROPERTY FOR A MUNICIPAL PURPOSE; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SIX THOUSAND SIX HUNDRED NINETY -TWO AND NO /100 DOLLARS ($406,692.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 12, 2013 Page 5 of 20 b. Consider an ordinance awarding a contract to Huffman Construction, Inc., for the removal and disposal of derelict pilings in Tabbs Bay. City Manager Leiper presented the agenda item and stated that this would be the third contract to clean up pilings from Tabbs Bay. He stated that with the $100,000 that council approved for the budget for this project, 534 piles will be removed. Additionally, he stated that this project is expected to be complete by the end of February and after this cleaning there would be approximately 1,200 pilings left. Council Member Presley stated that the area in his district, Goose Lake located behind the Sterling Library, is in need of being cleaned of tires, bikes, and debris and inquired if a contractor could take a look at it. City Manager Leiper stated that staff would discuss this concern with Huffman Construction. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tom Robert C. Hoskins approving Ordinance No. 12,427. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sam, Nays: None Approved ORDINANCE NO. 12,427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HUFFMAN CONSTRUCTION, INC, FOR THE REMOVAL AND DISPOSAL OF DERELICT PILINGS IN TABBS BAY; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH HUFFMAN CONSTRUCTION, INC., FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF NINETY -NINE THOUSAND EIGHT HUNDRED FIFTY -EIGHT AND NO /100 DOLLARS ($99,858.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Tourism Partnership Grant Agreement with Battleship Texas Foundation, Inc., for its Battleship Texas 100 Anniversary Festival and Final Crew Reunion and approving the budget for operations funded by hotel occupancy tax revenues. City Council Regular Meeting Minutes December 12, 2013 Page 6 of 20 City Manager Leiper stated that the City of Baytown received a request for funding from Battleship Texas Foundation, Inc., for its Battleship Texas 100 Anniversary Festival and Final Crew Reunion. He stated that the funding of $20,000 would come from the hotel occupancy contingency funds for advertising and the event will be held on March 15, 2014. Additionally, he stated that on March 12, 2014, a private reunion will be held for former sailors who served on the Battleship Texas. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 12,428. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved ORDINANCE NO. 12,428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TOURISM PARTNERSHIP AGREEMENT WITH BATTLESHIP TEXAS FOUNDATION, INC., FOR ITS BATTLESHIP TEXAS 100 ANNIVERSARY FESTIVAL AND FINAL CREW REUNION TO ENHANCE AND PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF BAYTOWN AND ITS VICINITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND AND NO /100 DOLLARS ($20,000.00); APPROVING THE BUDGET OF BATTLESHIP TEXAS FOUNDATION, INC., FOR OPERATIONS FUNDED BY HOTEL OCCUPANCY TAX REVENUES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapterl8 "Buildings and Building Regulations," Article III "Electrical Code," Division 6 "Standards" of the Code of Ordinances, Baytown, Texas, to add Section 18 -433 "Alternate generated power capacity for motor fuel dispensing facilities" to require certain newly constructed or renovated motor vehicle fueling stations to install emergency generators to ensure the ability to safely vend fuel to the public during extended power outages. City Council Regular Meeting Minutes December 12, 2013 Page 7 of 20 City Manager Leiper presented the agenda item and stated that all new and renovated fuel stations built after the effective date of Ordinance No. 12,429, install a generator system, in which does not have to operate the entire station. Fie stated that the system would have to power up to 12 pumps and if they have three (3) or fewer pumps, they can have a portable generator. During further discussion, there was an inquiry as to when this would become effective. City Manager Leiper stated that this would become effective in 10 days. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 12,429. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria 111, Council Member Terry Sain, Nays: None Approved ORDINANCE NO. 12,429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS,- ARTICLE III "ELECTRICAL CODE," DIVISION 6 "STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18- 433 "ALTERNATE GENERATED POWER CAPACITY FOR MOTOR FUEL DISPENSING FACILITIES" TO REQUIRE CERTAIN NEWLY CONSTRUCTED OR RENOVATED MOTOR VEHICLE FULLING STATIONS TO INSTALL EMERGENCY GENERATORS TO ENSURE THE ABILITY TO SAFELY VEND FUEL TO THE PUBLIC DURING EXTENDED POWER OUTAGES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider a resolution repealing Resolution No. 2272 passed on November 18, 2013, and accepting the petition of Sowell Wallisville Partners, L.P., for annexation of approximately 125.169 acres of land situated in the Talcott Patching Survey, A -620, Harris County, Texas, northwest of the intersection of Garth and Wallisville Roads. City Council Regular Meeting Minutes December 12, 2013 Page 8 of 20 City Manager Leiper presented the agenda item and slated that Resolution No. 2278 repeals Resolution No. 2272, that was passed on November 18, 2013, and grants the petition requesting annexation submitted by Sowell Wallisville Partners, L.P., for approximately 125.169 acres of land situated in the Talcott Patching Survey, A -620, Harris County, northwest of the intersection of Garth and Wallisville Roads and commonly known as MUD 213B. He stated that the applicant withdrew the previous annexation petition, which included only a portion of this property, and has submitted a new petition to include all of the property within MUD213B. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving Resolution No. 2278. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tent Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved RESOLUTION NO. 2278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 2272 PASSSED ON NOVEMBER 18, 2013; GRANTING THE PETITION OF SOWELL WALLISVILLE PARTNERS, L.P., REQUESTING ANNEXATION OF APPROXIMATELY 125.169 ACRES OF LAND SITUATED IN THE TALCOTT PATCHING SURVEY, A -620, HARRIS COUNTY, TEXAS, AND LOCATED NORTHWEST OF THE INTERSECTION OF GARTH ROAD AND WALLISVILLE ROAD; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston - Galveston Area Council for the year 2014. City Manager Leiper presented the agenda item and stated that Council's 2013 representative to the General Assembly is currently Council Member Brandon Capetillo with Mayor Stephen DonCarlos serving m the alternate. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Resolution No. 2279. The vote was as follows: City Council Regular Meeting Minutes December 12, 2013 Page 9 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tom Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved RESOLUTION NO. 2279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 2014; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution nominating at -large candidates to some on the Technical Advisory Committee for 2014. City Manager Leiper presented the agenda item and slated that Resolution No. 2281 nominates up to 16 at -large positions to serve on the Technical Advisory Committee ( "TAC ") for 2014, but also stated that this does not put them on the committee. He stated that there are three (3) nominations that may interest the City of Baytown, which are the following: Environmental and Planning (5 positions); Citizen Interests and Business Interests (2 positions); and Intermodal Interest — bicycle /pedestrian, ports, airports, railroads, toll roads, freight shippers /carriers and highway /transit user groups (6 positions). City Manager Leiper stated that the nominations must be received by the TAC no later than December 13, 2013, for them to be considered for the positions. Ms. Carpenter, the Director of Planning and Development, stated that the selection process would include nominations being presented to a committee of the TAC, who will make recommendations from that point. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern Robert C. Hoskins approving to suspend agenda item 6.c. until later in the agenda. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tent Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved City Council Regular Meeting Minutes December 12, 2013 Page 10 of 20 City Manager Leiper recommended nominating Mr. Mike Lester for the Environmental and Planning position. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Terry Sain approving Mike Lester as a nominee for the Environmental and Planning position. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria 111, Council Member Terry Sain, Nays: None Approved RESOLUTION NO. 2281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING INDIVIDUALS TO SERVE AT -LARGE ON THE TECHNICAL ADVISORY COMMITTEE OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 2014; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. CONSENT Council Member Renteria requested that consent agenda item To. be removed for discussion. A motion was made by Council Member Terry Sam and seconded by Council Member David McCartney approving consent agenda items 7.a. through 7.n. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved a. Consider an ordinance authorizing a professional service agreement with ARKK Engineers, LLC, for the 2007 Street Bond Program -Year 6 Project. •1launoO aajtl uolsanteO -suJeH ySnoigl 6po8 ja4alod alo9lod ;luydstl ya ;ed -o�d (I) auo �o asuyaand ay; Solzuoglnn aauoutp�o uu �aplsuoO •p 3O3213HZ 3ZtlO 3AIZ03333 3HZ 21Od OWOIAO21d ONtl 1O31tlNOdNOOW S7tl3IW3HJ HZIM ZN3W3321Otl 1O121ZSI0 'ItlI2IZSf]OW Ntl OZ ZS3ZZtl OZ M31O AZIO 3H1 OM+ 3Zf1O3X3 OZ 21OAtlW 3HZ OW1O32II0 QNtl OWZI2IOHZ[ltl 'StlX3Z `NMOZAtlB 30 AZIO 3HZ 3O'11ONf1O0 AZIO 3HZ 30 3JNtlWO21O Ntl Z£b`Zl 'ON3ONtlWQ21O •pa ;oaodioaul slualwayO ylln+ luawaajStl ;aulslQ lulalsnpul uo 8ulnao4lne aaunwplo uu iaplsuoO •a '3O3213HZ 31tlO 3AIZO33d3 3HZ 2103 OWOIAO21d ONtl `OZ32I3HZ O3Ztl7321 SNOISIAO2Id 2I3HZ0 ONI71tlW 'ZN3WZ2Itld3O 3O1'I0d 3HZ 2104 SNOfl213. 30000 bIOZ (Z) OMZ 30 3StlHJ21Hd 3HZ 2104 `AZNf1O0 ZNV2121tlZ HZIM ZN3W332IOtl OWStlHO21Hd 3AIZtl2l3dOOO tl HO(1O2IHZ `A3NNIAOW 30 AZIO 30000 d33f 213'ISA21H0 OZ (00'8LL`9L$) 521tlT]O0 OOI /ON QNtl ZHOI3-AZN3A3S O32IONRH N3A3S ONtlSHOHZ XIS-AZNHA3S 30 ZN3WAtld 3HZ OWZRIOHZ(ltl `StlX3Z `NMOZAtlB 30 A.LIO 3HZ 30 '11ONf1O0 AZIO 3HZ 30 3ONtlWO21O Ntl I £b`ZI 'ON 3JNtlN1O21O •,yunoO ;un�anZ yllm ;uawaa��a 8wsoyaand anyn�adooa o y8no�yl luawNndaQ aapod ay ;.toy ,CIIO aBpoQ wo.g s4an.ty aSpoQ 6IOZ (Z) ony )o asttya�nd ay; �wn.toy ;na aaunmp�o un .taptsuoO •q '3O3213HZ 3ZtlO 3AIZJ3333 3HZ 2103 ONIOIAO21d QNtl �OZ32I3HZ O3Ztl'I32I SNOISIAO2Id N3HZ0 ONI7ItlW `(00'000`OZ$) S21tl'I']O0 OOl /ON ONtl ONtl$f1OHZ AZN3MZ d0 ZNf1OWtl 31-I.L NI 3ONVM0'I'Itl AON8ONIZNOO tl OWZRIOHZHtl `(00'SS£`99b$) S21tl'7'1OO OOI /ON ONtl 3AI3-AZ313 O321ON[1H 332IHZ ONtlSf1OHZ XIS-AZXIS O321ONHH 21(103 0330X3 OZ ZON ZNf1OWtl Ntl NI NMOZAtlB 30 AZIJ 7HZ A8 ZN3WAtld ONIZI2IOHZfItl 'ZO3CO2Id 9 21tl3A-Wtl2fO0Nd QNOB Z3321Z5 LOOZ 3HZ HZIM O3ZtlIJOSStl S3O1A2I3S OW2I33MON3 2103 "J'T'I `52133WON3 ?I�I21tl HZIM ZN3W332IOtl S3O1A213S 7tlNO1SS33O21d tl Ol ZS311tl 01 7I2I31O AZIO 3HZ QNtl 31(103X3 OZ 2I3OtlNtlW AZIJ 3HZ OWZJ3211O 0Ntl OWZ[21OHZfltl `SVX3Z `NMOZAtlB 30 AZIO 3HZ 30 71ONI1O0 AZIO 3HZ 30 3JNVWO21O NV 0£b'ZI 'OH 3ONtlWQNO OZdo ❑ aSed £ I OZ `Z I �agwaaa� satnury� 8unaaW min8aa pauno� 61!� City Council Regular Meeting Minutes December 12, 2013 Page 12 of 20 ORDINANCE NO. 12,433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY -SIX THOUSAND SEVEN HUNDRED THIRTY -ONE AND 61/100 DOLLARS ($76,731.61) TO H.D. INDUSTRIES, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A PRO -PATCH ASPHALT POTHOLE PATCHER BODY FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the purchase of one (1) 2014 Freightliner truck through Houston - Galveston Area Council. ORDINANCE NO. 12,434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY -EIGHT THOUSAND SIX HUNDRED FORTY -TWO AND NO /100 DOLLARS ($78,642.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 2014 FREIGHTLINER TRUCK FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of three (3) 2014 Chevrolet 3500 Utility Trucks from Caldwell Automotive Partners, LLC, through Houston - Galveston Area Council for the City of Baytown Public Works Department. ORDINANCE NO. 12,435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY - FOUR THOUSAND FIVE HUNDRED SEVENTY -THREE AND NO 1100 DOLLARS ($144,573.00) TO CALDWELL AUTOMOTIVE PARTNERS, LLC, THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) 2014 CHEVROLET 3500 UTILITY TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. City Council Regular Meeting Minutes December 12, 2013 Page 13 of 20 ORDINANCE NO. 12,436 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2014 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY THOUSAND ONE HUNDRED FOUR AND NO 1100 DOLLARS ($160,104.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance authorizing a professional service agreement with Ward, Getz & Associates, LLP for design services to refurbish Lift Station No. 6. near Hunters Chase on South Highway 146. ORDINANCE NO. 12,437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH WARD, GETZ & ASSOCIATES, LLP., FOR ENGINEERING SERVICES ASSOCIATED WITH THE LIFT STATION NO. 6 EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY -FIVE THOUSAND FOUR HUNDRED EIGHTEEN AND NO /100 DOLLARS ($65,418.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing a Water Line Upsizing Agreement with Lone Star 5000 Corporation for the upsizing of an 8 -inch waterline to a 12 -inch water line along the north side of SH99 from Alexander Dr. to Tri- Cities Beach Road. ORDINANCE NO. 12,438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING WATER LINE UPSIZING AGREEMENTS WITH LONE STAR 5000 CORPORATION AND TEXAS CAPITAL DEVELOPMENT CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. 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ONIZRIOHZRtl `SdX3Z `NMOZAtlfl 30 iZiO 3HZ 30 'IIONROO 7.ZI0 HHZ 30 30NtlNIO2I0 NV Zbb`ZI 'ON 3ONtlN1O21O OZJo SI a9ed £IOZ'ZI tagwwaQ salnmW 9unaa{q ieln9att Ilauw�,Cl!� City Council Regular Meeting Minutes December 12, 2013 Page 16 of 20 He stated that the request is for Council's nominations for the Charter Review Committee, one from each council member. He stated that the nominee's must be a resident of the City, but does not have to reside in the Council members district and that the process will start in January. City Manager Leiper stated that Council is not required to call a Charter Election, but is only required to appoint a Committee to review the charter and make recommendations. Additionally, he stated that every three (3) years there must be a Charter Review Committee. During further discussion, Council Member Capetillo inquired as to what will be the time requirement for the committee member. City Manager Leiper stated that the committee has at least a year to do their report, but it would be up to the committee to decide their time schedule. Council Members nominations were as follows: Renteria nominated Gilbert Hinijosa, Sain nominated Cliff Clemens, Mayor DonCarlos nominated Dr. Don Murray, and Hoskins nominated Mr. PiYi Mayo. Council Members Capetillo, McCartney and Presley needed more time to get confirmation for their nominations. City Manager Leiper stated that this item will be put on the agenda of the first meeting in January. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III appointing Gilbert Hinijosa, Cliff Clemens, Dr. Don Murray, and PiYi Mayo to the Charter Review Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved b. Consider the appointment of Mr. Chris Presley, City Council Member District No. 2, to fill the unexpired term of former City Council Member Scott Sheley to the Baytown Municipal Development District. A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member Mercedes Renteria 111 approving the appointment of Chris Presley to the MDD Board. The vote was as follows: City Council Regular Meeting Minutes December 12, 2013 Page 17 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved Receive the Mayor's appointment to the Baytown Finance Committee. Mayor DonCarlos stated that he appoints Council Member Chris Presley to the Baytown Finance Committee. d. Receive the Mayor's appointments of one (1) representative and one (1) alternate to the 2014 Transportation Policy Council and one (1) representative and one (1) alternate to the 2014 Technical Advisory Committee. City Manager Leiper presented the agenda item and stated that the Mayor's appointments to the 2014 Transportation Policy Council "TPC" are Council Member Terry Sam as Representative and Mayor Stephen DonCarlos as the Alternate. He stated that the Mayor's appointments to the 2014 Technical Advisory Committee "TAU are Kelly Carpenter as Representative and Jose Pastrana as the Alternate. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving the Mayor's appointments of Council Member Terry Sain as Representative and Mayor Stephen DonCarlos as the Alternate to the 2014 " TPC" and Kelly Carpenter as Representative and Jose Pastrana as the Alternate to the 2014 "TAC ". The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria 111, Council Member Terry Sain, Nays: None Approved e. Consider the Mayor's appointment of Mr. Pete Cote to the Harris - Galveston Subsidence District. Mayor DonCarlos stated that his appointment to the Harris- Galveston Subsidence District is Mr. Pete Cote. City Council Regular Meeting Minutes December 12, 2013 Page 18 of 20 A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving the appointment of Mr. Pete Cote to the Harris- Galveston Subsidence District. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved 9. DISCUSSIONS a. Discuss the City Council retreat for 2014. City Manager Leiper presented the agenda item and stated that the Council retreat for 2014 is scheduled for Saturday, February 8th from 8:00 A.M. to 1:00 P.M. He stated that he also requested the attendance of all department directors. Mayor DonCarlos stated that he asked administration to give Council some financial projections on what the impact the budget is going to be over the next five (5) years and beyond. He requested that each Council Member drive through their districts and think about projects, infrastructure, streets, parks, and public improvements that would add to the quality of life, safety, and overall improvement of the City. 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the City Manager. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 7:40 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the City Manager and the Municipal Court Judge. At 8:21 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. City Council Regular Meeting Minutes December 12, 2013 Page 19 of 20 11. MOTIONS a. Discuss and take appropriate action regarding the City Manager's annual performance evaluation and consider an ordinance authorizing the First Amendment to the Agreement for Professional Services and Employment as City Manager with Robert D. Leiper. Mayor DonCarlos stated that the Council Members were pleased with City Manager Leiper's performance as City Manager and his decision to extend his services for at least one more yew. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Robert C. Hoskins approving the first amendment to the Agreement for Professional Services and Employment as the City Manager with Robert D. Leiper. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Saint, Nays: None Approved b. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. C. Consider the appointment of Julie Escalante as Municipal Court Judge for a term of office beginning February 01, 2014, and ending on January 31, 2016. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo appointing Julie Escalante to another term of two (2) years with a salary increase of $1,000 per year. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria III, Council Member Terry Sain, Nays: None Approved 12. MANAGER'S REPORT a. The City of Baytown will be picking up Christmas trees curbside from January 02, 2014 through January 17, 2014. City Council Regular Meeting Minutes December 12, 2013 Page 20 of 20 City Manager Leifer presented the agenda item and stated that the Christmas tree curbside pick- up will start on Thursday, January 2nd through Friday, January 17th. b. City of Baytown offices will be closed on Tuesday, December 24th and Wednesday, December 25th, 2013, in observance of Christmas and on Wednesday, January Ist, 2014, in observance of New Years. City Manager Leiper stated that the City of Baytown offices will be closed on Tuesday, December 24th and Wednesday, December 25th, 2013. He stated that the City offices will be open on New Years Eve, but will close at 2:00 P.M. City Manager Leiper stated that the Fire Training Academy ribbon cutting will be on Wednesday, December 18th at 5:00 P.M., and that the reception for former Council Member Sheley will be on Thursday, January 23rd at 6:00 P.M. 13. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo adjourning the December 12, 2013, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Chris Presley, Council Member Mercedes Renteria 111, Council Member Terry Sain, Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the December 12, 2013, City Council Regular Meeting at 8:28 P.M.