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2014 01 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, OFT] IE CITY OF BAYTOWN January 09, 2014 The City Council of the City of Baytown, Texas, met in a Regulai Meeting on Thursday. January 09, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Sheet, Baytown,. Texas with the following in attendance: .Brandon Capcfillo Council Member Robert Hoskins Council Member David McCartney Council Member Chris Presley Council Member Mercedes Renteria 'Council Member ......'Terry Sain Council Member Stephen Fl. DonCarlos Mayor Robert D. Leiper .City Manager Ron Bottoms. Deputy City Manager Kevin Trotter :Assistant City Manager Ignacio Ramirez .City Attorney Alisha Brinsfield Deputy City Clerk Keith Dougherty "Sergeant at Arms Mayor DonC rlos convened the Jamnm 09, 2014, City Council Regutai iAleeting iiuh a quorum present at 6::30 P.M., all members were present. ('ledge of Allegiance, Texas Pledge, add Invocation was led by Council Menibcr Renteria 1. mumv hS a. Consider appeocing the minutes of the City Council Regular Meeting held oil December 12, 2013. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C. Hoskins approving the December 12, 2013, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos Council Member Brandon Capetillo. Mayor Pro Tcm Robert C. I loskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: Nome City Council Regular. Meeting Ntinutes January 09, 2014 Page 2 of 24 Approved 2. RECOGNITIONS AND CITIZEN CONINA UNICATIONS a. ills. Brenda Medina requested to appear before Council to address safety concerns of residents on IIWY 146 N. Ms. Medina stated that her address was 8319 White Willow Lane, in the Pine Meadows Subdivision. She stated that her request is for the City to evaluate the unsafe conditions of Highway 146 north and provide for a safer corm ute for everyone. City Manager Leiper stated that the issues brought up have been in process for a ",]tile and during the discussion with TxDOF, they have offered to re- evaluate the speed.. as they have before resulting in the increase of the speed limit. lie stated that there are two traffic signals that have been aathm iredby 1.xDOT to be constructed soon. He also stated that Council awarded a contract for a signal at the entrance of the new Wal- Mart, that Goose Creck will be constructing a signal at the roadway, which feeds to the entrance of their new school, and that there is another one authorized at Old Needlepoint Road. City Manager Leiper further stated that it was his understanding that those are all the only signals that TxDOT will allow on that highway because too many tights would results in had traffic flow. I le further stated that the City had been awarded a grant for the synchronization of all the :intersections in this are to provide for a better traffic flow and that believed that to some extent, the speed issues could be better regulated through the appropriate timing of traffic signals. City Manager Leiper stated that once the next two traffic signals are installed and operating, there is a plan to request that TxDOT study the road because he believes that with the additional .signals, along with the police enforcement that is currently there, traffic will slow down. Tie stated that at this time, there is no ttrnehannc for the Needlepoint signal, and that development would decide its timefrurue. City Manager Leiper also stated that if TzDOT will give the City the authority to set the speed ,limit on that roadway, lie would: immediately propose the speed limit to be reduced to 50 miles pat hour, However, in the meantime, he stated that some commercial vehicle officers had been :deployed and routed to this area for additional enforcement City Manager Leiper stated that there will be signal indicators installed on the new traffic lights to help when an officer has to .testify in court, .tad that a multi- jurisdictional meeting is being scheduled to discuss many of the's'e concerns. Additionally; City Manager Leiper stated that about two (2) years ago, a request was made to the Houston-Galveston Area Council to add a fly -over on Highway 146 over 1 -10 to their transportation improf content plan. During further discussion, City Mi naget Leiper stated for clarification proposes. that TxDOT has to approve the red lights being requested and per state law, a signal warrant analysis must be 'done and the signal must meet acertain number of the warrants, in order to be a valid signal. City Counei I Regular Meeting Minutes January 09, 2014 Page 3 of 24 Mayor DonCarlos inquired if additional patrol officers would be added to this area. City Manager.Leiper- stated that he authorized overtime for additional calm cement in this area. 3. PUBLIC HEARINGS a: Conduct the first public hearing regarding the proposed voluntary annexation of approximately 125.169 acres of land shunted in the Talcott patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville Rd. and Garth Rd. At 6 :52 P.M., Mayor DonCarlos opened and conducted the first public hearing regarding the proposed voluntary annexation of approximately 125.169 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville Rd. and Garth Rd. City Manager Leiper stated that the applicant Sowell Wallisville Partners,.L.P., has indicated the intended use of the property as commercial development fronting Garth and Wallisville Roads, and an approximately 490 single farndy residential lot subdivision behind the commercial property. Annexation is being requested in order to extend city utilities to the site. Ire stated that on November 18, 2013, the City Council approved a resolution granting the petition and directing staff to create a service . plan for the proposed area to be annexed. He stated that the total area of MUD 213B was not included in the original application and needed to be revised so this item was resubmitted on the December 12, 2013, meeting to include tine remaining area which added an additional 13+ acres. 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 regarding the proposed voluntary annexation of approximately 125.169 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas,.at the northwest corner of Wallisville Rd. and Garth Rd. At 6:56 P. M., Mayor DonCarlos opened and conducted the second public hearing regarding the proposed voluntary annexation of approximately 125.169 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville Rd. and Garth Rd. With there being no one registered to speak, Mayor DonCatlos closed the second public hearing at 6:57 P.M. 4. ZONING MAP AMENDMENT- 0 INDEPENDENCE BLVD. a. Conduct a public hearing concerning a proposed amendment to the official zoning map for a property of approximately 1.33 acres legally described as Reserve E of San Jacinto Crossing to be rezoned from Medium Density Mixed Residential (MFI) to General .Commercial (GC). City Council Regular Meeting Minutes January 09, 2014 Page of24 At 6:58 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map for a property of approximately 1.33 acres legally described as Reserve E of San Jacinto Crossing to be rezoned from Medium Density Mixed Residential (ME]' to General Commercial (GC). City Manager Leiper "stated that the property owner believes the property is best Stated for commercial devclppment, similar to that which already exists in the area. lie stated that on December 17, 2013, the Planning and Zoning Commission voted to recommend the zoning map amendment by unanimous vote. With there being no one registered to speak, Mayor DonCarlos closed the public honing at 7:00 P.M. b: Consider an ordinance authorizing an amendment to the official zoning map for a property of approximately 1.33 acres legally described as Reserve E of San Jacinto Crossing to be rezoned from Medium Density Mixed Residential (MRI) to General Commercial ((: ;C'). A motion was made by Council Member Terry Sain and seconded by Mayor Pro `rent Robert C. Hoskins approving Ordinance No. 12,444. All members agreed with the motion by raising their might hands. The vote was is billows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayoi- Pro Teo Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO 12.444 AN ORDINANCE OF ']TIE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, .AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF "BAYTOWN TO REZONE. APPROXIMATELY 1.33 .ACRES LEGALLY DESCRIBED AS RESERVE E OF SAN JACINTO CROSSING TO BE REZONED FROM A MEDIUM DENSITY MIXED RESIDENTIAL (MFI) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING " D1S`1RIC'rt PRESCRIBING A MAXIMUM PENAL:I`Y OF TWO THOUSAND AND NO /I00 DOLLARS (52.00000): PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR LIFE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular heating Minutes 7anum v 09, 2014 Page 5 of 24 5. Z,UNINC; MAP AMENDMENT- CORNER OF WARD RD AND BEAUMONT SI a. Conduct n public itcarhng concerning a proposed amendment to the official zoning .trial for property, of approximmtely 5.6 acres, namely Tracts WE and 10F -1 out of the W Britton Survey, Abstract 118, Harris County, Texas, located at the northwest corner of Ward Road and Beaumont Street; Tract B (Business Site), Tract 4B -5, 4R -3, 413-4, and B -I out of the W Britton Survey, .Abstract 118, Hill Terrace See. 1; and Tracts 413 -3A, 4C, 37, and 4R out of the W Britton Survey, Abstract 118, Hands County, Texas, located on the northeast corner of Ward Road and Beaumont Street frog it ;nixed Use (MU) District to a General Commercial (GQ District. Catty Manager I caner stated that staffs recommendation for agenda items 5.a and 6.a: changed. Ile stated that staff' was approached by the owners of the church, requesting to rezone it from SFlto Geneitd Commeacial (GC), lie stated that staff could not rezone the area requested Without raising the specie; of spot zoning. He stated that the planning and development stair anti the planning and zoning commission looked at :adjacent properties that might be appropriate for FeZtinhw, to GC and if the C ov rezone:d the area it would mako those businesses non - conforming, which is not nvhat staff wants to do. lie stated that because of the non- confmanine concern. haft's recommendation on this item and the next item is ['or disapproval of the proposed amendment while staff looks at another solution to retonoig this area At 7 :00 PAC, Mayor Don('arlos opened and conducted it public hearing concerning a proposed amendment to the official zoning map for property of approximately 5.6 acres, namely Tracts IOF and I OF -I out of the W Britton Sol vey, Abstract 118, llanis County Texas. located at the northwest comer of Ward Road and Beaumont Street: 'Tact B (Business Site), Tract 413 - >, 4B -3, 4B -4, and B -I out of the W Britton Survey, Abstract 118,.full Terrace Sec I, and'I'racts 4B -3A, 4C, 37, and 4B out of the W Britton Survey,. Abstract I I$, Harris County Texas, located on the northeast canner of Ward Road and Beaumont Street from a Mixed t }se IMU) Disuict to a General Commercial (GC) Disnict. 41r. Brent Benou registered to speak before tine public hearing and stated that m'cspectivc of how Council votes on agenda item 5.a., there still is it reason to grant the application on agenda itern C,:a..an,[ requested to (Merhis time to speak,: until agenda item 6.a. is considered. Mayor DonCarlos closed the public hearing at 7:06 P.M. b. Consider an ordinance authorizing air ameutfinent to the official Zoning map for property of approximately 5.6 acres. namely Tracts 10F and 10F -I out of the W Britton Survey, Abstract 118, Harris County, Texas, located at the northwest corner of Ward Road and Beaumont Street; Tract B (Business Site), Tract 4B -5, 413-3, 413-4, and B -I out of the W Britton Survey, Abstract 118, Hill Terrace Sec. 1; and Tracts 4B -3A, 4C, 37, and 4B out of the W Britton Survey, Abstract 118, Harris County, Texas, located on tire northeast corner of Ward Road and Beaumm�t Street from a Mixed Use (MU) District to a General Commercial (GC) District. City Council Regular Meeting Minutes January 09, 2014 Page 6 of 24 A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney to deny the approval of Htc proposed amendment of agenda treat 5.b. The votewas as follows: Ayes: Mayor Stephen DonCafilos, Council Member Brandon Capetillo, Mayor Pro `feu Robert C Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain,. Council Member Chris Presley Nays: None. Approved 6. ZONING iNIAP AMENDMENT- CHORCII OF CHRIST a. Conduct a public hearing concerning it proposed amendment to the official zoning aap'for property located at 1600 112 North 7th Street, being approximately 0.88 -acres at the northeast earner of North 7th Street and Ward Road, and legally described as Lots 6 through 12, Block 4, Outlawn Terrace Subdivision, Harris County, Texas, from Mixed Residential at Low to Medium Density (SF2) District to General Commercial ((;C) District. At 7:07 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to tine official zoning reap for property located at 1600 172 North 7th Street, being .approximately 0,88-acres at the northeast corner of North 7111 Street and Ward Road, and legally .described as Lots 6 through 12, Block 4, Outluwn Terrau: Subdivision, Harris Count),, Texas,. front Mixed Residential at Low to Medium Density (SF2) District to General Commercial (GC) District. City Manager Leiper "stated that the item shows recommendation for approval predicated on the rezoning of the previously discussed area to GC. He stated that as staff does not support the rezoning of the area discussed, they are requesting to deny the rezoning of the applicants request for this item with concerns of spot zoning. During Further discussion, Council Member McCartney stated that the property didn't tnect the setback requnements for GC:. Council Member Presley recommended a text change could possibly be a solution. Mr Biem Benoit registered to .speak before the public hearing and stated that they have been marketing tire property as a church for a Tong period of tune,. but have been unsuccessful in marketing to other churches. He stated that they have a buyer with the closing date of February 9th, but if the application is denied, they would not be able to close on the contract He stated that this is a serious issue because thev were net aware that the application would be denied until tonight's council meeting, which doesn't provide them with enough time to respond to the reasons that the application is being denied, Mr. Benoit stated that most of the properties along this area of Ward Road to North Alexander are commercial and the particular proposed property is not benoficiat for residential use Plc stated that denying this zoning application could be City Council Regular Mceting Minutes January 09, 3014 Parse 7 of 24 considered confiscator y because there are commercial uses that surround this property: Mr. Benoit stated that lie strongly urged Council to consider approving the zoning application.. During further discussion, Council Member McCartney asked Mr. Benoit if he could disclose the use of the property. Mr. Benoit stated that the buyer plans to use the . building as it restaurant. Council Member Cirpotdlo asked if there was the ability to reduce the amount of the zone that's proposed. City Manager Leiper stated that the zone could be reduce(], but not enlarged. Mr. Benoit stated that they would he happy to work the staff, if thcre's a use fir this property. City Manager Leiper requested that this itcm be suspended to allow staff to review, other possible solutions regirchro this zoning application. Mayor DonCailos closed the public hcarutg at 771 P.M. b. Consider an ordinance to rezone property located at 16110 1/2 North 7th .Street, approximately 0. 88 -acres at the northeast corner of North 7th Street and Ward Road. and legally described as Lots b through 12, Block 4, Outlawn Terrace Subdivision, Harris County, Texas, fron a Mixed Residential at Low to Medium Density (SF2) District to :General Commercial (GC) District. A.motion was made by Mayor ])to `rem Robert C. Hoskins- and seconded by Council Member :Chris Presley to table item 6b. until later in the meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor No Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Menthol Terry Sain, Council Member Chris Presley Nays: None Approved Mayor Don( arlos stated that meeting would forward startitig w nh agenda item 7.a. PROPOSED ORDINANCES a. Consider an ordinance for the first reading of annexation of a 10 -foot wide strip of land north oi' 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 Lciper presented the agenda item and stated that on November 13,201:1, the City "Council approved it resolution granting the petition of Chcvron Phillips Chemical Company, LP, and directed staff to create a service plan for the proposed area to be annexed, He stated that !notices for the first and second public hearing were published in the November 26. 2013, issue of Clrt Council PggalarMecting Minutes Jnnuary 09.2014 Page 8 of 24 the Baytown Sun and posted on the city's website and notice board nn the Santa day. Ile stated that the Ist and 2nd public hearings were held on Deceinber 11 2013, in the Council Chambers and tire second readingtrl the ordinance and completion of annexation proceedings ',Ile Scheduled for February 13, 2014. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor I'ro Tem Robert C. Hoskins approving Ordinance No. 12,44; File vote was as follows: Ares: Mayo Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pur `Iem Robert C, Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member ferry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO 12,445 AN ORDINANCE OF THE CITY CIOUNCIL OF TI IF CITY OF BAYTOWN. TEXAS, MAKING CERTAIN FINDINGS: PROVIDING FOR THE FVI'ENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, 'TEXAS, AND THE ANNEXATION OF A 10- FOOT WIDE STRIP 01: LAND NOR I'll OF INTERSTATE 10, ALONG TI IE EAST SIDE OF SJOLANDER 1IFADIN6 NORTHEAST JUST SOUTH OF WALL ISVII.LE ROAD THROUGI I 111F PIPELINE CORRIDOR AND TERMINATING AT CEDAR BAYOU, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY .LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE C TTY Oh BAYTO1\ N, TEXAS.. b: Consider an ordinance authorizing the First Amendment In the Economic Development Agreement with KILVI Golf LL.C. City Manager Leiper presented the agenda item and stated that the City of Bayiok%n entered into ate Economic Development Agreement with KIWI on January 14. 2013, to provide incentives and financial assistance to KRVI to enhance and stimulate business and cotntnercial activity in the City. Ile stated that in consideration of the City's providing certain economic development grants, an economic development loan, and property within the City, RR1't agreed to satisfy and comply yvith the terns and conditions contained in the Agreement, including the establishment of Jobs, creation of taxable value, and the establishment of KIWI'S headquarters, warehouse, and manufacturing facilities. He Stated that the recommendation to Council is for the following changes to the dines to be as follows: Cit} Council Regular Meeting Minutes .January 09, 2014 Page 9 of 24 ;Ms. Judy Dubose. a representative of KIWI Golf l I.0 , presented to council. it sample of the first tees that were main in Arnerica,.iit the state of 7 e.vas. She stated that they currently have seven employees whom are all Baytonians, with one otter for another employee pending. She stated that they are preparing to attend the PGA show this Near, and that they are advertised in the PGA rind Golf Digest magazines. Ms. Dubose stated that the tee being piesented to Council is tieing manufactured at 5,000 a day in one color, and as they move forward %Gould be the type of Production that they are planning to do in Bayto%%n She stated that they have other packaging material that is made in the USA. Council Member Presley inquired if there %mere any personal guarantees in exchange For the atlouance of more tine, considc..ring that the City had lien rights to thrc transaction. .City Manager Lerper stated that there were tits guarantees. Amotion was made by Council Alember Terry Sain and seconded by Council Member Mercedes Rentet'ia III approving Ordinance No, 12,446. The vote %% as as follow: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tent Robert C. Hoskins, Council Member David McCartney, Council Mcmher Mercedes Renteria 111, COnnCH Member Terry Sent, Council Member Chris Presley Mays Nine Approved :ORDINANCE NO. 12.446 AN ORDINANCE OF i'lIF CITY COUNCIL OF THE ('If Y.017 BAYTOWN, TEXAS, AUTHOdmiN, G T1iE CITY MANAGER 70 EXECUTE ANTS THE CITY CLERK 'It) .A` FFS IS "P TO THE FIRST AMI.NDMFNT TG THE ECONOMIC DUXELOPMENT AGREEMLNI WITH KIWI GOLF t LC, AND PROVIDING FOR THE EFFECTIVE DATE "I'IIF.REOF C. Consider an ordinance approving the Professional Service: Agreement hehveen the Ba}4own Area Water Authority and Jones & Carter, Inc., for the Baytown Area Water Authority 6 AIGD Surface Water Treatment Plant. City Manager Leiper presented the agenda item and stated that the state haw creating the Baytown Area Water Authority (BAWA) requires dial the City Council approve BAWA's contracts. He stated that Ordinance No. 12,447 confirms the Baytown Area Water Authority's City Council Re "zuku Meeting Minutes - January 09, 2014 Paec 10 of 24 Professional Service Agreement with Juries & Carter, Inc- for the design of the Baytown Area Water Authority 6 MGD Surface Water "Treatment Plant in am amount not to exceed 53,88839000 Ile slated that on September T6, 2013, the BAWA Board of Directors chose Jones & Carter, Inc., to providc design, construction :md construction management services fm* the 13AWA 6 MGD Surface Water "Trein tent Plant and approved this agreement subject to City Council's approval at its meeting; on December IS, 2013. A motion was made by Mayor Pro Fenn Robert C. Hoskins and seconded by Council Nlember Terry sain approving. Ordinance No. 12,447: 'fhe rote was as follows: Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McC:amicy_ Council Member Mercedes Renteua III, Council Member Terry Sari, Council Member Chris Preslev Nays: N Inc. Approved ORDINANCE NO. 12.447 AN ORDINANCE OF THE CITY COUNCIL OF HIF CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICE'S AGRFFMEN'f BETWEEN THE BAY`f0WN AREA WATER AU] HORITY AND JONES & CARTER, INC.. FOR THE BAYTOWN AREA WATER AUTHORI9'Y 6 MGD SURFACE WATER 1'RE-AT;MENT PLAN°F IN AN AMOUNT NO`r TO EXCEED THREE MILLION EIGHT HUM —)RID EIGHTY-F16111 THOUSAND TIIRFE HUNDRED EIGIITl' AND NO1100 DOLLARS (.S3,14N,380.00); AND PROVIDING FOR 1 HE EFFPC FIVE DATE FHE.REOF, d. .Consider an ordinance repealing Section 98 -55 "Utility upgrade Surcharge" of the Code of Ordinances; Baytown, 'texas, which established a .$15 monthly surcharge for :repairs to water and wastewater systems within Bay Oaks Harbor Subdivision (Amended), Sections 2 -t0, City Manager Leiper presented the agenda item and stated that in 2008, the assets of the private utility system within Bay Oaks Harbor were transferred to the City of Baymwn %vith the approval of' the Texas Commission on Emfi onmentnl Quality (' TCFQ") and the :District Court of'Fravis County, Texas. He stated that once the transfer ryas completed and the ('try starter{ providing water and wasteivater service directly to the residents in Bay Oaks Harbor, the City enacted a surcharge to bring their private system up to City standards. He stated that the repair costs fat the Bay Oaks I larbor water and wastewater systerns, totaling approximately $160,000, have now been repaid, and the City mopped billing for the assessment as of June 2013. City Manager Liaper stated that Ordinance No. 12,448 removes this section from the code of ordinances as it is no longer necessary. City Council Regular Meeting Minutes January 09. 2014 Pane I i irf 24 A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 12,448, The vote was as follows: Ades: Mayor Stephen DonCarlos, Council Member Brandon Capetillo. Mayor I §o Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria Ill, Council Member 1 eny Sain, Council Member Chris Presley 'rays: None Approved ORDINANCE NO. 12.445 AN ORDINANCIt OF THE CITY OF BAYTOWN TEXAS, REPEALING CHAPTER 98 't "hlL.l"PIES;' ARTICLE III "NVA'EER SERVICE, SECTION 95 -55 "UTILITY UPGRADE SURCHARGE" OF THE CODE Of- ORDINANCES OF'IItE CITY OF t3AYtOWN. TEXAS. IN ITS ENTIRLA'Y; PROVIDING A RF PEALING CLAUSE: CONTAINING A SAVINGS CLAUSE: AND PROVIDING FORIIIE EFFECYIVE DAI'E 111FIREOF. City Mahagel Leiper 1equesled that agenda be taken out of order and consider agenda near 9.a. " them return to consider item 3.a, 9. DISCUSSIONS a. Discuss proposed amendritents to tire text of the Unified Lead Development Code and Chapter 62 "Natural Resources" of the Code of Ordinances regarding netr- or expanded drilling, oil or, gas operations in the city. City Manager Leiper presented the agenda item and stated that the Planning and Zoning Commission ties held two public hearings and numerous special meetings to revicsa, discuss, and receive written and verbal comments regarding now or expanded drilling, oil or gas operations within the city. Ile stated that the Commission finalized its recommendation to the City Council for proposed amendmoa is to the I TDC and Chapter 62 to address drilling olmations. Ile further stated that this item gives City Council the opportunity to review the proposed amendments prior to the required public hearing regarding the ourendment text that is scheduled for the January 23rd meeting. City Manager Leiper stated than an overlay district for Ore Goose Creek Oil Field is being recommended, which will ;allow, £or reasonable access to the minerals, .protection to the resident;, and opportunities- for ample commercial development along the Grand Parkway. Ile stated that the overlay is not a Zoning change, but is a Code change to Chapter 62. which has been regulating oil and gas drilling as ler back as 1090. 1 l stated that in going through the elements of the overlay, it was pointed out that there were things that needed City Council Relndar Mccong Minutes January 09, 2014 Page 12 of lq to be updated in Chapter 62. He further stated that the purpose of the tU,DC is to have information in the Code in one place and that the main topic tot discussion was the overlay, as the changes to Chapter 62 is only an ordinance change, and is not required to go before the P &Z Commission or public hearings.. City Manager L,eiper stated that the changes to Chapter 62 will apply city wide, and his recommendation would be to leave the Heavy Industrial (HI) designation for the rest of the city to he required for drilling, because he didn't want to encourage more oil well drilling in the City of Baytown. 'File draft amendments to the ULDC include the following regulations: • `file creation of a drilling overlay district for drilling, oil or gas operations within the Goose Creck Oil Field; • Applicants within the drilling overlay district call drill without a special use permit but a .Chapter 62 permit is still required; • Drilling, oil or gas operations proposed outside of the drilling overlay district world require the property to be zoned Heavy Industrial, as allowed in the t 1LDC today; and • Applicants within the Hfcavy Industrial zoning district Mould need to obtain a special use permit specifically for drilling, oil or gas operations. City Manager Leiper stated that the draft amendments to Chapter 62 "Natural Resources" include the following: • Addition and revision of certain definitions; • Increased insurance requirements for drilling operations; • Increased distance requirements for drilling locations; • :Addition of requirement for a Hazardous Materials Management flan and Emergency Response Plan, a Risk Management Plan, and an Infrastructure Maintenance Agreement • Addition and revision of technical requirements; and • Addition of a process to address well abandonment. Mike Firizat, Reeves Holliman, Kirk Bustle. ,aid Reid Wilson all registered to speak on agenda . item z9.a. Mike Fiuzat, President and CEO of Foothills Resources Inc., stated that that they are the largest owner and operators of the Goose Creek Fields. He stated that they support the proposed amendments being presented. Mr. Holliman, President of Holliman Oil Corporation, stated that they support the general idea of fine overlay being preteMetL lie stated that roughly 95% of the tluids that they produce are water and 5% is oil. He stated that they inject salt water back into tile formation in which it came. Mr. kirk Bostic and Mr, Reid Wilson signed np to speak, but passed. Cite Council Re<ml a \iecono Minutes .tanu v 09, 2014 Page 13 or 24 Mr. Art Anderson with Wind Stale Fair staled that he represents the Wills and Texas Capital Development Ile stated that they are in agreement with what has bean said and that they need to work through issues concernhtg their tract of land that may potentially be in the overlay. Council "Member Sain inquired if this pertained to just oil holds, City Manager f.eiper statezl for clarity purposes, that tile ordinance addresses oil and gas, but the discussion is in referenced to Just oil. Council Ntembei McCartney inquired of the timebanie of the project once it starts and how :many can be expected to be going on at a time. Mr. Hollimau stated that the deepest producing formation of well that thec have is about 5,400 feet, and the tittle to drill and complete a well such as that is 7 to 10 rhos. Mr. Nasal stated that theyanti6ipate that over the course of tile next couple of ye.ats, they will drill in the neighborhood of five (5) to ten (10) with lite drill being :done one well al a tittle. Additionally, Mr. Fiuzat stated that they plan to do a seismic survey= ovei the Goose Crack Oil Hcld. Ms. Dwala C agill stated that she hexes at 2547 Doral Drive aid canted to know why the drilling has to he so deep and iffiacklug would be part of flue ordinance. Mr. Ilollintan sf,Ved that the majority of their production does conic -from between I and 2,500 feet and the deepest formation are down at 5,000 feel where they have it handful of wells there. He stated that they drill to the (lentil because that's Where the reservoirs are located. Ile stated that fucking is usually utilized in formations that are unable to produce on their own, but that he doesn't see any reason to stimulate reservoirs in Goose Creek, so there will be no tracking. Mr. Fiuzat stated that fracking; covers a wide area and involves different operations. Ile stated that technology continues to ceolta anti they have looked at waell stimulation, in which they don't consider as fracking. hie stated that re- stimulating would not be fracking like what people are reading about Council Member Hoskins stated that Ito is concerned about the text in the overlay that rends "too feet from shoreline oil Tablas Bay" anti strongly encourages it being kept at 200 feet. City Manager Leiper stated that there was much discussion in this regard during the planning and zoning process. and leaving tile distance at 200 feet would drive thong to dull offshore, which tile City cannot regulate. Mr. Fiuzat stated that therm are alreativ existing infrastructuae weals, which could be worked over. lie stated that at this point, they did nopt have plans to drill within 100 Icet of Tubbs )3ay as they are sensitn e to it as well, and do not want to be up against the shoreline. Council Member McCartney inquired if they wanted the right to work over the wells that are currently there. City Manager helper stated that they slid not need this to wall: over wells as they can do that now. Mr. Murat slated that a few years pool now, they may present something to the City. City Council Regular Meeting Minutcs January 09, 2014 Page 14 o1`24 City Managrei Lciper requesicd that the agenda be taken out of order to consider agenda item 6.b: City Manager Leiner stated that the recommendation is to table agenda item 6..b. until the next council meeting scheduled for January 23, 2014. ;A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member Brandon Capetillo to bring agenda item 6b. out of being tabled to being addressed. The vote was as follows: Ayes: Mayor Stephen DonCirlos, Council Member Brandon Capctillo, Mayor Pro Tian Robert C. Hoskins, :Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Cat is Presley Nays: None Approved A motion was made by Mayor Pro Tern Robert C. I loSkins and seconded by Council Member Mercedes Renteria III to suspend agenda item 6.b. until the January 23, 2014, Council Meeting. The vote was as follows: Ayes: Mayas Stephen DonCaflos. Council Member Brandon Capetillo, Mayor Pro Tom Robert C. Hoskins, Council Member David McCartney. Council Member Mercedes Renteria Ill, Council Member 'Ferry Sam, Council Member Chris Presley Nays: None Approved Mr. Benoit requested that Council reoonsider agenda ' item 5.b. The agenda was taken out of order and Mayor I3onCarlos stated that agenda item 5.b. rsould be considered. A motion was made by Council Mennber Mercedes Renteria III and seconded by Mayor Pro Tem Robert C_ Hoskins to reconsider agenda item 5.b. the vote was as follows: Ayes: Mayoi Stephen DonCailos. Cuuincil Member Brandon Capetillo, . Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria Ill, Council Member Teny Sain, Council Member Chris Presley C nv Council Regular \icctina Minutes January 09, 2014 Puce 15 of 24 Nays: None. Approved A motion was made by Council Member David McC'amiey and seconded by ,Mayor Pro Fein Robert C. Iloskm to suspend agenda item 5_b, tot consideration until the January 23, 2014, Counvil Meeting The vote was as foilovvs: Aaes: Mayor Stephen DonCarios, Council Member Brandon Capetillo, Mayor Pro 'Tent Robert C. Hoskins. Council Member David McCartney, Council Member Mercedes Renteria III, Council Member ferry Sain, Council ivlember Chris Presley Nays,; None Approved The agenda was taken out of order and Mayor DimC'atlos stated that agenda item Ka. would be considered. 8. PROPOSFD RESOLUTIONS a. Consider a resolution supporting the removal of Union Paciiie Railroad's long- abandoned rail line, which runs from the ExxonMobil properly° line to the bascule bridge over Cedar Bayou Stream and .opposing legislative changes that would allow rail - served business be located in the Goose Creak Oil Field, City Manager Lciper presented that agenda item and stated that Resolution No. 2282 supports the removal of union Pacific. Railroad's long - abandoned rail tine, which runs from L-,xsonMobil property line to the bascule bridge over Cedar Bayou Stream and crosses over many of the City streets. Ile stated that if the UPRIZ agrees to re ecoe its rail line, the trestle over Business 146 can he remove(L all of, the Grand Parkway can be put through the area creating more developable Imtd for the City of Bnytawn, and say mg Texas Department of Transportation (fxDOI ) and tiie City approximately 57.5 million dollars, lie stated than UPRR can walk awat from this line and `Cct)o,r has agreed to assume all the costs of removing the bascule bridge. Ile stated that the City has agrees that if the UPRR remove their raits, ties, and debris, the City will do all the restoration of that line and assume responsibility of the concrete trestle over Goose Crank Stream with the possibility of turning it into a trail City Manager Leiper stated that the tecoromendation is to support the removal of the tract and to oppose any changes that would lead to rail served industry along the rail line. A motion was made by Council Member Mercedes Renha a 111 and weondcd by Mayor Pro Tern Robert C. Hoskins approving Resolution No. 2282 the vote was as follows: City Council Regular Meeting Minutes January 09. 2014 Page 16 ol'24 Ayes:. Mayor Stephen DonCarlos, Council Member Brandon Capetillo„Mayor Pro Tam .Robert C. Hoskins. Council Member David McCartney, Council Member Mercedes Renteiaa III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved RESOLUTION NO 2282 A RESOLUTION OF 'THE Cl IN' COUNCIL OF THE CITY OF BAYTOWN, TEXAS REGISTERING ITS SUPPORT OF THE REMOVAL OF UNION PACIFIC RAILROAD'S LONG- ABANDONED RAIL LINE, WHICH RUNS FROM EXXONMOBIL PROPERTY :LINE TO THE BASCULE BRIDGE OVER CEDAR BAYOU STREAM; OPPOSING LEGISLATIVE CHANCES THAT WOULD ALLOW RAIL. SERVED BUSINESSES BE LOCATED IN TIIE GOOSE CREEK OIL, HELD; AND PROVIDING FOR "THE EFFECTIVE DATETHEREOF. 9:15. Discuss and provide direction for the evaluation of redevelopment proposals` for the Brunson Theater and Citizens Bank buildings, City .Manager Leiper presented the agenda item and stated that staftis seeking it consensus of Council on developing an RFP, the elements require(] to be in the proposal, and the deadline of 90 to 120 days for submission of the proposals. He stated that a formal Request for Proposal (RFP) processsttould accomplisih the following: I. provide publicity so that other patties have time to evaluate the property's potential and an opportunity to submit a proposal: 2, .place at deadline on all groups to submit a formal proposal so they can be evaluated together; 3. create criteria for information to be included in each proposal so they can be fairly eval noted against each other: and 4. .determine the role cal' city - funded incentives, if any, such as acquisition of the property at a reduced cost and/or city - funded building improvements. Mike Wilson, Robert Martin, Erin Flores, Fernando Gracia Jr., and Ana Ortega all registered to speak before Council regarding agenda item 9.b. Mr. Mike Wilson stated that He stated that Mr. Ken Pridgeon has been providing portraits for the Memorial Art Gallery since 2016 and has done 140 portraits honoring soldiers with about 600 to go. He stated that Mr. Pridgeon is out of space at the eun-ent location. He stated that an organization has been formed to assist him with his mission called POWMAG of Texas. Ile stated that POWMAG is it registered nonprofit organization for the State of Texas that wants to City Council Regular Meeting Minutes January 09, 2014 Page 17 if 24 relocate Mr. Ken from his current location to utilize the Brunson Theater to accommodate a much more suitable: gallery. He stated that the 501 (c) (3) is in the process and feel strongly that the support is out there xvintingto be asked to help supplement what's, expected from the City. Mr. Robert Martin stated that his vision fur the BInn5011 Thcuter and Citizen's Bank is to establish an international dournown aus and entertainment industry. lie stated that his mission was in three parts: entertainment, economic, and social. He stated that the entertainment would Provide and produce outstanding educational productions and services for local, regional,. and state communities to distribute the fine :ails uul entertainment which includes music, comedy, film, TV, and commercial projects. Ile stated that the economic mission would provide exceptional tax revenue tPan Baytown and increase all of Ba }town's tax revenue in terms of hotels, restaurants, and Pirates Bay. lie stated that the social mission would contribute to operate a company that actively recognizes the essential wmld that business Plays in society by providing events for the community. lie stated that he would like to turn the Citizens Bank into a restaurant broken up into the three suctions that make rap Baytown (Baytown, Goose Creek, and Pclly). He stated that lie would like to reopen the Brunson Theater` as a performing arts facility and he would be more than honored to work with Mr. Piidgeon. Mr. Marlin stated that he would Fund everything, himself and is not asking the City for any funding. Mr. Erin Flores, Mr. Fernando Gracia. ,aid Ms. Ana Ortega all support Mr. Martin's idea for the Brunson Theatm Mr. Pregin stated that lie would work to collaborate and rebuild Texas Avenue. 10. CONSENT Mr.. Ignacio Ramirez stated in regards it) agenda item 10E., that a change was made and Jerry Fallin would like to keep the minerals if any, in which stiff no objection to. A motion was made by Mayor Pro Tian Robert C. Hoskins and seconded by Council Member David McCartney approving consent agenda itens 10.a. through 10.j. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tetra Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam. Council :Member Chris Presley Nays: Nona Approved a. Consider an ordinance authorizing an industrial District Agreement with Lone Star NGL Pipeline LP. ORDINANCE NO. 12,449 AN ORDINANCE OF THE CH Y COUNCIL OF THE CITY OF B:AYTOWN, City Council Regular Meeting Minutes January 09, 2014 Page 18 of 24 TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERIC TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH LONE STAR NGL PIPELINE LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. "Consider an ordinance authorizing an Earnest Money Contract with Jerry or Julie Fallin, . individually and as Trustees of the Fallin Family Trust, for the purchase of 601 S. Burnet Drive. ORDINANCE NO. 12,450 AN ORDINANCE OF'IIJE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, AUTHORIZING AN EARNEST MONEY CONTRACT WITH JERRY OR JULIE FALLIN. INDIVIDUALLY AND AS TRUSTEE OF THE FALLIN FAMILY TRUST FOR THE PURCHASE OF PROPERTY LOCATED AT 60I S. BURNET DRIVE, BAYTOWN, HARRIS COUNTY, TEXAS, FOR A MUNICIPAL PURPOSE; :AUTHORIZING PAYMENT OF A PURCHASE .PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED NINE THOUSAND TWO HUNDRED SIXTY AND NO /100 DOLLARS (59,260.00); MAILING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing renewal of the Annual Roll -Off Container` iServices Contract to Waste Management of Texas, .Inc, ORDINANCE NO. 12,451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, 'TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC., SUCCESSOR IN INTEREST TO CITY WASTE, INC., FOR TPiE ANNUAL ROLL -OFF CONTAINER SERVICES :CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAY'POWN, THE SUM OF ONE HUNDRED NINETY -FIVE THOUSAND SIX HUNDRED PIETY AND "NO /100 DOLLARS (5195;650.00); AND PROVIDING FOR THE EFFECTIVE :DATE THEREOF. d. Consider an ordinance authorizing the closeout; acceptance and release of retainage for the Steinman Lift Station & Force Main Upgrade Project to T &.0 Construction. LTD. ORDINANCE NO. 12,452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEP'I-ING THE STEINMAN LIFT STATION & FORCE MAIN UPGRADE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED TWENTY -NINE THOUSAND ONE HUNDRED TWENTY- City Council Regular %Teen n, Minutes Jaawa y 09, 2014 Pm <,e 19 of 24 TWO AND 061100 DOLLARS (5129,12106) TO T & C CONSTRUCTION, LTD, FOR SAID PROJF"CT; AND PROVIDING FOR TI II EFFEC FIVE DATE THEREOF. e, Consider an ordinance authorizing the closeout and acceptance for Inc Raccoon Road Lift Station Rehabilitation & 16 -inch Force Main Project, and release of retainage. ORDINANCE NO. 11.453 AN ORDINANCE OF THE CITY COUNCIL. OF TI IF CITY OF BAYTOWN, TEXAS_ ACCEPTING THE RACCOON ROAD I.,IFT STATION 'REHAB]LITATION & I6 -IN'CII FORCE MAIN PROJECT; AUTHORIZING -FINAL PAYMENT OF ']'HE SUM OF ONE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED TEN AND 03100 DOLLARS (5168.610.03) TO T sti C CONSTRUCTION. LTD, FOR SAID PROIF CT; AND PROVIDING FOR IIIE.E:FFECTIVEDAfE THEREOF. f. Consider granting an extension of one year for the special use perniit for .let'Oil Producers for heavy industrial use in accordance with Chapter 130 "Zoning" of the Bartown Code of Ordinances. ORDINANCE NO, 12,4514 AN ORDINANCFF, OF I1 FE CITY COUNCIL OF 11 IF CITY 01: BAYI'OWN, TEXAS, GRANTING; A TWELVE- -MON I11 LX1 FNSION FOR T HF SPECIAL USE PERMIT GRANTED TO JET OIL PRODUCERS, INC.. TO PLACE AND OPERATI:3 AN 0I1, WELL AND ASSOCIATED FACILITIES ON THE PROPERTY LO 'A I FD SOUL HEAST OI THE INTERSECTION OF SH 146 AND FM 505, AD] ACENT'10 AND LAST OF THE RIGFIT -OF -WAY FOR SHELL DOCK ROAD; AUTHORIZING AND DIRECTLNG 'THE CITY MANAOER TO l XF CUTE AND THE CITY CLERK 10 ATTEST-"o Sall PERMIT; AND PROVIDING FORTHE I I FEcrIVF DATET'HEREOF. 9. .Consider an ordinance authorizing the rent +seal of the ,annual Demolition of Residential Structures Contract to ,LT.B. Services, Inc. ORDINANCE NO. 12,455 AN ORDINANCE OF THE CITY COUNCIL OF THE CIIY'OF BA }'T'OWN, TEXAS. RENEWING 1 "HT ANNUAL DEMOLITION OF RESIDENTIAL 5T'RUCTURES CON I RACE WITH J:f B SERVICES, INC.; .AUTI IORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR I'FIE EFFECTIVE DATE TH ERFOF. City Council Regular Vfleeting Minutes January 09, 2614 Page 20 of 24 h. Consider air ordinance authorizing air Encroachment Agreement and Amendment of Pipeline Right -of -Way Easement together with a Pipeline Adjustment Agreement with Kiriiler Mort, =an 're Pipeline LLC. ORDINANCE NO. .I 2,456 AN ORDINANCE OF TI IE CITY COUNCIL, OF TIIE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN ENCROACHMENT AGREEMENT AND AMENDMENT OF PIPELINE RIGHT- OF -WAY EASEMENT TOGETHER WI Fit A PIPELINE ADJUSTMENT AGREEMENT WITH KINDER tbIORGAN - TF.JAS PIPELINE LLC`. AUTHORIZING PAYMENT Of-- A PURCHASE PRICK FOI2. SUCH PROPERTY IN AN .AMOUNT NOT TO EXCEED N[NETY -NINE. THOUSAND NINE HUNDRED FORTYNINE AND NO. /100 DOLLARS ($199,949.06); MAILING OTHER PROVISIONS RELATED THERVIO0 AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an o divance authorizing payment to Aarris Countv for radio airtime. ORDINANCE NO. 12,457 AN ORDINANCE OT THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE HUNDRED FORTY THOUSAND AND NO /100 DOLLARS (S140,000.00) TO COUNTY FOR ITS RADIO AIRTIME LEASE FOR THE PERIOD COMMENCING ON OCTOBER 1, 2013. AND ENDING SEPTEMBER 30, 2014; MAKING OTHER PROVISIONS RELATED THERETO; AND "PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the purchase of two (2) 2014 Chevrolet Tahoes for the Fire Department through the TXSmartBuy Program. ORDINANCE NO. 12.458 AN ORDINANCE OF rHE CITY COUNCIL OF THE. CITY OF BAYTOWN, 'TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -TWO THOUSAND NINE HUNDRED NINETY -SEVEN AND 301100 DOLLARS ($52,997.36) TO RELIABLE CHEVROLET 11, L.P., THROUGH THE STATE COMPTROL,I,ER OF PUBLIC ACCOUNT'S TXSMARTBUY PROGRAM FOR THE PURCHASE OF TWO (2) 2014 CHEVROLET TAHOES FOR THE BAYTOWN FIRE DEPARTMENT; MAILING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 69, 2014 Page 2 t of 24 II a. Consider three (d) appointments to the Charter Review Committee. City Manager L,eiper presented the agenda item and stated that nominations for the Committee More needed from Council Members C "apetillo,.MRCartney and Presley. Council. Member Presley nominated Vivian Hemphill and Council Member Capetlllo nominated Randy Dickey to the Charter Review Committee. Council Member McCartney didn't have a confirmed nominee. A motion was made by Mayor Pro Tern Robert C Hoskins and seconded by Council Member Mercedes Renteria 111 approving lire appointment of Vivian Hemphill and Randy Dickey to the Charter Review Committee. 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 Mercedes Renteria III, Council Member `terry Sain, Council Member Chris Presley Nays Approved b. Conduct the election of the Baytown City Council Mayor Pro'1em. City Manager Leiper Presented the agenda item and stated that the nett Council Member David McCartney was the next Council Member in position for consideration as Mayor Pro Tem. A motion was made by Council Member TerrySain and seconded by Mayor Pro Tern Robert C. Hoskins approving Council Member David McCartney as Mayor Pro Tem. The vote was as follows: Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Mayor Pro Tom Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member Tory Sain. Council Member Chris Presley Nays. None Approved City Council Rolmlar Meeting Minutes January 09, 2014 fire 22 of24 c. Consider an ordinance appointing Julie Escatanteas Presiding Municipal Court Judge and appointing Kelly Benavides, Michael Marks, Oshea Spencer and Andy Helms as Associate Municipal Court Judges for the term of office which begins February 01, 2014, and ends on January 31, 2016. City Manager L.ciper presented the agenda item and stated that at [lie nest meeting there may additional associate judges names presented. A motion ivas made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member David McCartney appror nig the appointment of Julie Escalante as Presiding Municipal Corot Judge .and the appointments of Kelly Benavides, Michael Marks, Oshca Cpe cer, and Andy Helms as Associate Municipal Court Judges. The vote was as follows: Ayes: Mayor Stephen DonCarlos. Mayor Pro l eu Robert C. Iioskins, Council Member David McCartney, Council Member Mercedes Re teia III, Council Member Tenv Sain, Council Member Chris Presley Nays: None "Other: Council Member Brandon Capetillo (Abstain) Approved d. Consider five (5) appointments to the Community :Development Advisory Committee (CDAC.). City Manager Leiper presented the agenda boo to consider five (S) appointments to the CIDAC. He stated that Mr. Sinunie L. Robinson, District No. 1: Ms. Martha Barnett, District No. 3; and Mr. Ophir Lyra, District No. 4, all have requested reappointment and there's ,in ' appointment for District No. 2, Mr. Roberto Diaz. District No. 6. position is vacant.. A motion was nnade by Council Member iNlercedes Reiteria III slid seconded by Council Member Brandon Capetillu approving tile . appointment of Roberto Diaz and the reappointments ofM r. Sannue L. Robinson, Ms. Martha Barnett, and Mr. Oplvr Lyra. The tote was as follows: Ayes: Mayor Stephen DonCarms, Council .Member Brandon Capetillo, :Mayor Pro Tear Robert C. I loskins, Council Member David McCartney, Council Member Mercedes Rente'ia 111, Council Member Terry Sain, Council Member Chris Presley Nays: Nome Approved Cite Council Regulu MeviinL Minutes .January 09, 2014 Pace 23 of 24 11 MANAGER'S REPORT it. Receive the 2013 Annual Progress Report oi'the flood related Initiatives portion of the All Hazard Mitigation Phan. City Manager Lciper presented the 2013 [Annual Progress Report of the flood related initiatives portion of the City of f ovtown's All Hazard Mitigation Plan. No Council action required, It, The 2014 Youth Sports Kick Off will be held at the Baytown Conumin y, Center on January 18, 2014, from 10:00 A.M. - 5:60 PAL and on Sunda}. January 19, 2014, from 1:00 HM. to 5:00 P.M. ( ttq Manager Lciper stated that the 2014 Youth Sports hick OiT will be hold ut the Baytown Community Center on January 18, 2014, from 10.00 A.M. - 5 :00 11:,14 and on Sunday, January 19, 2014, from 1:00 P.M to 5:00 P A1. He stated that the event plot ides a one stop opportunity for the city's youth sports league sign-ups. C. Announce the timeline and details of the 2014 Cilizen Survey. City Manager Lciper stated that the 2nd Annual Direction Finder Citizen Survey has, been mailed out to 1200 randomly selected households with expected results to be shared with Council in March. d. City Offices will be closed on Monday, Januarp 20, 2014, in obseryartec of Lire Martin Luther King, .1r, holiday. City Manager Lciper sued that City Offices will be close(] on Monday. January 20, 2014, in observance ofthe Martin Luther Kin? Jr. holiday. C: The reception for for finer Council Member Scott Shele) is scheduled for Thursday, January 23, 2014, in the reception area of City tall, at 6:00 P.M. City Manager Lciper stab'] that the reception for former Council Member Scott Sheley is scheduled for Thursday, January 23, 2014, in the reception area of( 'fly Hall. at 6:00 P,M, City Manager Lciper slated for infonnational purposes that there weresotne emergency repairs needed for 13AWA and staff believes that there may be a leak in the 36" pipe at the corner of C'c al Bayou LynchboJ4 and Thompson Ile stated that there are a number of cmitingeney items being developed because this is the major trunk line for water hit,) the ('ty of Baytown in tide event that the line has to be shut off for repair. He stated that the work on this line is projected for Monday, January 13, 2014 and .there aie plans in place to keep the City with wale. City Manager Leifer stated that because this is a SAWA line. would be funded through 13AWA and City Council Regular Meeting Minutes January 09, 2014 Page 24 of 24 an emergency BAWA meeting will be held on January 10, 2014, in this regard. Additionally, he stated that if the wells are activated, the water will safe but world taste different. 13. ADJOURN A motion was made by Mayor Piro Tent Robert C. Floskins and seconded by Council Member Mercedes Renteria III adjourning the January 09, 2014, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro 'rein Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved With there being no further business to discuss. Mayor DonCarlos adjourned the January 09, 2014, City Council Regular Meetinng at 9:35 P.M. i � cit "City �4 Leticia Biysch, City Clerk f r { � City of Baytown s� �' to