Loading...
2014 01 23 CC MinutesDi1Nl'rES OF THE REGULAR MEETING OF THE HE CITY C'OUNCiL OF THE CITY OF BAYTOWN January 23, 2014 I he C n v Council of'tho CVs• of Baytown, Texas, met in a Regular Mceling on I hursday, .January 23. 2014, at 6:31 P.M. in the Council Chambei`of the 13avioun City Hall, 2401 Market Street, Baytown. -texas with the following in attendance: Bandon C'apetillo Robert lloskins David McCartney Chris Presley 'ferry Sain Stephen I1. D« nCarlos Robert D. Leiper Ron Bottoms Kevin T oiler Ignacio Ramirez Leticia Brt'sch Keith Doiieherty Council Member Council Member Council Member Council Member Council Member Mayor City MamAger Deputy Cil'y Mama! er .Assistant City Manager Citv Attorney Citv Clerk Set,gcsrit at Arms .Macoi DonC aikts convened the January 23, 2014. City Council Regular Mectinx 4oith a cluonun present at 6:31 P.M., all members were present with the exception of Council Member Sam who am%cd at 6:37 p.m. .and Council Member Renteria who, was absent. Pledge of Allegiance, `Texas Pledge. and Invocation was led bs Council ,%lembei Preslev. Mesor Don('arlos presented recognition of Former Council Member Scott Sticky for his 16 sears of service. L RECOGNITIONS NITIONS AiNT) CCIIZEN CONIMUNICATIONS a. Ms. Michelle Phillips requested to address Council to thank Council for their support of Crusin' Texas Toy Drice and to request their participation for the nest dike ou December 20, 2014. xte_ Phillips requested for Council to consider Deceinbcr 2(oll fiu the :next C mkin' "I Vass I -op t7us c: and stated that the old co -host closed doom but the drive will continue, City Council 12cgulnr M �tinp.. tt -0inuic January 23, 2014 facet ,1' 18 b. Recognize City of Baytown Employees for their Years of Service (5, 10, 15 pins years). City Manager 1 eiper presented the agenda item and recognized City of Baytown (inployces for• their Years of Service: (5, 10, 15 plus- years). 5 Years: Marcos Avila . Public Works Certified Utility Maintenance `Technician Jose Morello, Certified Utility Maintenance Technician Russell Williams. hire - Paramedic. IWheY Medrano, Public Works - Wastewater Treatment Operator 11 10 )'cars: Christopher Crain. Firefighter Jason. Garza, Firefighter Casey Schncnet..l' ire Equipment Operator 25 Ycars: Debra parties, Planning & Community Development Sere roes Combination Inspecim 11 30 Yeam 17arald Check. Planning & Community Development Services Comprehensive Planner L PUBLIC HEARINGS a. Conduct a public hearing regarding whether portions of the Baytown Soccer Park located at 4700 Village Lane, . Baytown, Texas, 77520, should be used temporarily as it site for a potable water test well; and should the test well yield acceptable potable water, whether an more than one acre of part: land should be set aside for use by the Cih° of .Baytown for a permanent water well site. At 6:58 P.M- Mayor DonCarlos opened a public hearing regardurg yti ielhe portion, of the Baytown .Soccer Park located at 4700 Village Lane, Baytown. 1'eeas, 77526, should be used .temporarily as it site for a potable water test well: and should the test well vield acceptable potable water. whether no more than one acreofpark land should hn sot aside for tic bt tlrc City of Baytown for a permanent water well site. City Manai er Lciper stated that this water well needs to be rebuilt and that the new 'I CFQ rite doesn't allow drilling close to pipelines which is where the well is currently located. I Ic stated that Ham's County agreed to deed one (1) acreo'land of their pwpcity tot the well, which will race( 'I`CFQ distance requirement. He stated that state law, requires the City to have a public hearing behoc drilling a water well in it public park. City Manager laiper stated that the proposed new well site will not interfere with the soccer field. With there being no one registered to speak,. Mayor DonCarlos closed at 7:01 P.M. Gay Council Regular Meeting Minutes Januaiv 23. 2014 Page 3 of 48 3. PROPOSED ULDC TEXT AMENDMENTS FOR NEW AND EXPANDED DRILLING, OIL OR GAS OPERATIONS a. Conduct apublic heaving regarding proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan narratives concerning natural resource management (oil and gas), neighborhood protection and economic growth. At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearin regarding proposed amendments to the Baytown 2027 Comprehcnsivc Plan to update. the Future Land Use Plan narratives concerning natural resource. management (oil and gas), neighborhood protection and economic growth. City Manager Lemerstated that the Future Land Use Plan is intended to guide dcv clopment and influence policy, in order to achieve the goals of the community as expressed in the Comprehensive Plat and to provide the City vi hit a rational basis for future zoning decisions. tie stated that this proposed amendment adds policy language supporting the drilling and operations of oil or gas to be included in all areas appropriately zoned, including an overlay, for economic development and neighbrnhood protection. Additionally, he stated that on .Ianuary 02, 2014, tire Planning and Zoning Commission voted to recommend the amendments to City Council. With there being no one registered to speak, Mayor DonCarlos 7:03 P.M. h. :Conduct it public hearing concerning proposed text amendments to the Unified -Land Development Code regarding new or expanded drilling, nil or gas .operations in the city. At 7:04 P.M., Mayen DonCarlos opened and conducted a public hearing concerning proposed text amendments to the Unified Land Development Code regarding new or expanded drilling, oil or gas operations in the city. City Manager Leiper stated that City Council held a discussion at the January 9th mecnnp, to :discuss the proposed amendments regarding the oil and gas drilling operations in the overlay. Ile stated that i'olloa�ing, Staff met with the mineral rights representatkes and mtcrested property owner to discuss the proposed ordinance or any concerns; Ire believed the meeting was suuressfif, City Manager Leiper stated that as a result of this interaction, the presented revisions reflect the correct state agency that currently regulates drilling. l i e Further stated that the these proposed revisions will be presented to City Council for consideration at the FcInuary 13th mccting. City Managm Leipin stated that for consistency purposes, the setbacks in III and SUP were mirrored to what is presently in the overlay district. Ile Further stated that ore exclusion certificates were taken out of the DOD and moved to 6; the application process was changed to only the Mayor, City Council or Member of Council, or City Manager can apply to create the DOD, since this DOD is specific to the Goose Creek Oil Field: and the 200 foot setback for Tabbs Bay has been changed. Fie stated that the ordinance refers to the limits of the Goose Creek 'Oil Field. which was changed to state to the vicinity of the Goose Creel: Oil Field.. Additionally. Ct_v Council Regular mecums Minutes .tanuary 23, 2014 Page 4 of 18 City Manager Lerper stated that this discussion refers to the text changes only and does not involve any of the related mappings. Ire further stated that they continue to discuss issues regarding insurance and liabilities. He also stated that the Planning and Zoning Commission held two public hearings and numerous special meetings to review and discuss this topic and that the draft amendments to the U LDC include the following regulations: The creation of a drilling overlay district for drilling,. oil or gas operations within the Goose Creek Oil Field; Applicants within the drilling- overlay district can drill without a special use permit but a Chapter fit permit is stilt required: Drilling. oil or gas operations proposer] outside of the .drilling overlay district would require the property to be zoned heavy Industrial, as allowed in the UFDC today; :and Applicants within the Ifcavy Industrial zoning district would need to obtain a special use pennit specifically ter drilling, oil or gas operations. Additionally. City Manager Lciper stated that on January 02, 2614, the planning and Zoning Commission voted unanimously to recommend the proposed text amendments to City Council. Justin Wendell, David Stags, dike I iuzat, Kirk Bosehe, Reeves Ilolliman, Dwala Cargill, and Reid Wilson all registered to speak before the public hearing rcgaiding agenda item 3.a. Mr. Woodall stated that :lie's a petroleum land man, whose duties may include identifying prospects, negotiate leases_ and run mineral title run sheets prior to a well being drilled. Ile stated in regards to item 3.a. and the proposed amendments, that they be seriously reconsidered. Ile stated that industry professionals who have knowledge in this type of industry should make these types of decisions. Mr. Woodall stated that he recommended having two sets of rules for the city. Ile also recommended that the ETJ area in Mott Belvieu have an overlay district as well (o void same like issues in the Ilium Mr. Stags, from the t...xw Finn of Winstead PC. 600 Travis Street, Ilouston Texas, stated that lie .represents 'texas Capital Development Group, who owns a site at file intersection of the Grand Parkway and Highway 146 that's about 120 acres in size. Lie stated that the plan for the property is to be used primarily° fm retail. Restated that the purchase of' the property was based nn an ordinance that prohibited new wells on the property. Mr. Silas stated that they are currently going through the development process and have plat approval front the city, lie stated that they have it cost sharing agreement for infrastructure with the City ot'Baytow n and are working with the City to help abandon the railroad Right -of -Way on the south side of the property. lie stated that in marry discussions with the mineral interest owmers, they are asking, to change the rules fion the time that they brought the property to Permit moe wells than they were previously supposed to have. lie stated that they've had positive discussions working towards a annual agreeable outcome an(] if there are no other wells located oil tile property; they would be open to a well located on the western end of the property in the light industrial j1 >1) portion, which will not affect the development of the property. City Manager Lerper stated For clarification, that is :working on the text changes and will start on the mapping afterwards. City Cbwicil IRp!ular Meetin, . Minutes January 13, 2014 Page 5 of 18 Mr. Fuziat, President .aid CEO of Foothills Resources, the largest oii�ne and operator of teases in the Goose Creek Field, stated that they are supportive of the process and are anxious to move Forward tvith the mapping process. Ms Careill requested that Council make sure that there will not lie any hacking and if there is drrllinn at 5,000 acct that everything is done as safe as possible lot future storms, Kirk Bostic, Recv es Holliman,.and Reid Wilson passed on their opportunity to speak At 7:24 P.M., Mayor DonCatlos closed the public hearing. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing ,in amendment to the official zoning map for property of approximately 5.6 acres, narnely Traets [OF and IO -I out of the W Britton Survey; Abstract 118, Barris County, '1`exas, located at the nortiro esfcorner of Ward Road and Beaumont Street; 'Tract B (Business Site), Tract 4B -5, 4B3, 411-4, and 11 -1 out of the 1di Britton Surv", Abstract 118,.Hin'Terrace See 1, and Tracts 4B-3A, 4C, 37, and 4B out of the W Britton Survey, Abstract 118, Harris County, Texas, located on tine northeast corner of Ward Road and Beaumont Street from a.Mixed Use (MU) District to a General Commercial (GQ District. h. Consider an ordinance authorizing an amendment to the official zoning map for property located at 1600 1f2 ?north 7th Street, approximately 0.88 -acres at the northeast corner of North 7th Street and Ward Road, and legally described as Lots 6 through 12, Block 4, Outlawn'Terrace Subdivision, Harris County, Texas, from a :Mixed Residential at Low to Medium Density (SFZ) District to General Commercial (GC) District. City Manager Leiper stated that he would like to discuss agenda items 4.n and 4b: together. He stated that the items require six (6) votes but would be voted on separately. City Manager Lciper presented agenda item A.a. and stated th.n tie City Manager subnutual an 'application for an amendment to the official zoning mop for approximately 5.6 acres from MI} to 6C, . but the recommendation is that this be denied due to further discussion and review. ... City Manager Lcipei stated in regards to agenda item 4.1), that the agremnent ieconnuended to the representative of the property owner is to rezone a portion of thc.property (lots 7 through 12) to NSC lord do not rezone the last lot_ A motion vsas made by Mayor Pio Tent David McCartney! and ;cu,nndcd by C'OLVICII Alumber C'hnis Presley approving to deny the amendment. All meinbcts raised their right hand approving to denv the amendment. The vote was as follows: Ayes: Mayor Stephen DooCartos. Council Member Brandon Cap uillo, Council Member .Robert C. Hoskins_ Manor Pit, Tem [)avid McCartney. Council Member ferry Sam, Council Member Chris Pieslev City Council Regular Meeting Minutes January 23, 2014 Page 6 of 19 Nays: None Other: Council Member Mercedes Renteria III (Absent) Approver] Laurie Huntley, Scott Huntley, Bridget Garza, Gary Garza, Brad Benoit, and Brent Benoit all registered to speak before Council rei,arding agenda item 4b. Lauric Huntley, Scott Huntley, Bridget Garza. and Gary Garza all passed on their opportunity to speak. Brad Benoit deferred his speaking time to Brent Benoit. Mr. Brent Benoit stated that Ire would be available to answer any questions. Council Member Presley stated that lie is concerned that precedents are set at the Planning and Zoning (P &Z) level and then on other casts the precedents are disregarded Ile stated that there :needs to be consistency with this process. ,A motion was made by Council Member Terry Sam and seconded by Council Member Chris :Presley approviing to rezone all of the lots to NSC ,aid to not wrone the last lot (Lot 6).. All inembesa'aised their right hand in favor of approving the rezoning of all lots except lot 6. The vote was as 1`ollows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Mennen Mercedes Rciactia III (Absent) Approved :ORDINANCE NO 12,460 AN ORDINANCE OF THE CITY COUNCIL OF THE Cf] Y "OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF 'I HE CITY OF BAYTOWN I'O REZONE APPROXIMATELY 0.88 ACRES AT 1600 112 .NORTH 71'11 S fRI L9, LEGALLY DESCRIBED AS LOTS 0 F IROUGH 12, BLOCK 4, OLITL,AWN TERRACE SUBDIVISION, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITY (SF2) ZONING DISTRICT TO A GENERAL, COMMERCIAL (G( ") ZONING .DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS (52,000.00); PROVIDING A REPEALING; CLAUSE; 'CON'T'AINING A SAVINGS CLAUSE; AND PROVIDING FOR `fHE "PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 27, 2014 Page 7 of 18 C. Consider an ordinance approving the Baytown Area Water Authority's grant of authority In the General Manager to negotiate and execute one or more contracts for emergency repairs to the 36-inch water line located at the intersection of Thompson Road and Cedar Bayou - Lynchburg Road. City Manager Lciper presented the agenda item and stated that the line was powered down, identified as the City's line, and successfully brought backup. He stated that at 10:00 P.M., next Tuesday, the ]tie will be powered down and repaired. He stated that the line is going to be repaired from the inside for the sake of repairing the leak, but staff will continue to work on a permanent resolufir °m to rc`plece $Ye lute He stated that company that specializes in this specific pipe will be included in the repairing process. City Manager Leipei stated that there is at least 30 to 36 hours of water available without any impact. City Atanagei Lciper stated that Oidmance No. 12,461 apptox'es the Baytown Area Water Authority's grant of authorization to the General Manager to negotiate and exiacute one or more contracts lot emergency repairs to the 36 -inch wafer line located at the orwisection of Thompson Road 'and Cedar Bayou-Lynchburg Road for an amount not exceed x300,000. Council Member Capetillo inquired if there was a }flan to :invest in technology to assist with finding pre-fault issues of this type to enable repairs to be in house. City Manager Loiper state d that staff invested in the technology for leak locators and this would be the third year investing $l million dollars in largerutility lines. .A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,461. 'fire vote was as follows: Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tent David McCartney, Council Member Terry Sain, Council Member Chris. Presley Navy None Other: Council Membei Mercedes Renteria III (Absent) .Approved ORDINANCE NO. 12,461 AN ORDINANCE OF ]'HE CITY COUNCIL OF THE CITY OF BAY'FOWN, TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY'S GRANT OF AUTHORITY TO THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE ONE OR MORE CONTRACTS FOR EMFRGENCY REPAIRS '1'0 THE 36 -INCII WATER LINE LOCATED AT THE INTERSECTION OF THOMPSON ROAD AND CEDAR .BAYOULYNCIIBURG' ROAD IN AN .AMOUNT NOT TO EXCEED THREE City Council Reguhi Mecung Minuses January 23, 2014 page 8 of Is HUNDRED THOUSAND AND NO /100 DOLLARS (S300,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a: Consider it resolution authorizing the publication of the notice of intent to sell Combination Tax and Revenue Certificates of Obligation, Series 2014. City Manager Leiper presented the agenda item and stated that the Nonce (it' Intent (NOI) to issue Combination `Fax and Revenue Certificates bf Obligation. Series 2014 (CO) is the first step iii the process allowing the City to sell this debt. He stated that the 2013 -2014 Budget includes the first debt service payment on the Cos and the following table sutnoarizcs the projects funded by tine 2014 Certificates cif Obligation: Aquatics Facility Expansion $ 1;(100.000 'Lift Station Rehabilitation $ 1,00(.000 SaninuxSecer ,'WaterSwalanRehabilitation S10.000,000 Estimated Cost of Issuance/Underwi iter's Discount 5500,000 Total Issue S 12,500,000 A motion was made by Council Member Robert C Hoskins and seconded by Mayor Pro Tem David McCartney approving Resolution No. 2283 1' lie vote was its follows: Ayes: Mayor Stephen DonCarlos, Council Membla Brandon Capetillo, Council Member Robert C. I3oskins_ Mayor Pro 1'cut David McCartney, Council Member ferry Sam, Council Member Chris Presley Nays: None Other: Council Mumbci Mercedes Renteria III (Absent) Approved. RESOLUTION' O.2283 A RESOLUTION Oh THE CITY COUNCIL OF THE C FIY OF BAYTOWN_ TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTP.NTION 1 "0 ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE PREPARATION OF ONE OR MORE PRELIMINARY OFFICIAL STA1 FMENTS. AND PROVIDING FOR THE EFFECTIVE F)A "I E THEREOF. C.it, Council Regular Meeting Minutes January 212614 Pacc 9 of 18 h. DISCUSSIONS a. Receive and discuss a report on implementation of Unified ],and Development Code. City Manager Leiper presented the agenda item and stated that this is the report on the fist six months of implementation of the text of the code of the ULDC Ile stated that stall' provided the list of issues that was encountered so far that needs to be addressed. Restated that with Council's approval, staff will select items from the list and put them on the Planning and 'Zoning, Commission agenda for discussion and proceed through the normal process like every change in the ULDC. - The City desire C'ouncil's acceptance of the list. and any comments or text change: items that they would like addressed. Council Member Presley stated that currently Mixed Use (MU) alloiNs shad blasting and towing, seniees and Council attempted to change MU to GC for that reason. He inquired -if this could be achieved by a text change. \Mayor DonCarlos recommended that there be better zoning descriptions that fit what the City has. 7. CONSENT A motion was made by Council Member ferry Sam and seconded by Council Member Brandon Capetillo approving the consent agenda items 7.a. through 7.o. The vote was as follows: Ayes: Mayor Stephen Do nCarlos, Council Member Brandon Crpetillo, Council Member Robert C. lfoskins, :Mayor No Tem David McCartney, Council Member Terry Sam, Council Member Chris Presley Nays: Nome Other: Council Member Mercedes Renteria III (Absent) Approved Ve Consider an ordinance authorizing the closeout and acceptance of the CDBG Non - I3ousing Wastewater Fianergency Ponver: Auxiliary Pumps and Lift Station Project and :release of retainage to Nunn Constructors, Ltd. OR NO. 12.402 AN ORDINANCE OF THE CITY COUNCIL OF 1-1 E CH fY 01' 13AY fOWN, TEXAS, ACCEPTING THE CDBG NON - HOUSING WASTEWATER EMERGENCY POWER: AUXILIARY PUMPS AND LIFT STATION .PROJECT; AUTHORIZING FINAL PAYMENT Oh' THE SUM OF ONE City Council Regular Nl"n g Minutes January 23, 2014 Page 10 of 18 HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED EIGHTY -ONE AND 52/100 DOLLARS (5117,481.52) TO NUNN CONSTRUCTORS,.FTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In Consider an ordinance authorizing the closeout of the Nest District Wastewater Treatment Plant Expansion 4,6 il16D Project. Mayor DonCarlos :inquired if there. would be a ribbon cutting. City Mamgger Lciper slated that would not be a ribbon cutting. ORDINANCE NO. 12.463 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY'I`OWN. TEXAS, ACCEP HNG THE. WEST DISTRICT WAS"I FNVATER l RLA IMENT PLANT EXPANSION 4.6 MGD PROJECT: AUTHORIZING FINAL PAYMENT OF THE SUM OF FIVE HUNDRED TWENTY -FOUR THOUSAND FOUR HUNDRED SIXTY -SEVEN AND 12/100 DOLLARS (5524467.12) TO LEM CONSTRUCTION COMPANY, INC., FOR SAID :PROJECT; AND PROVIDING FOR THE EFFECTIVE DALE THEREOF. C. 'Consider an ordinance authorizing the acceptance and close out of the Hydro Stop Roofing Project and release of rettdnageto General Contractor Services, file. ORDINANCE NO, 12 „464 AN ORDINANCE OF ]'HE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, ACCEPTING THE HYDRO -STOP ROOFING PROJECTT :AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -THREE THOUSAND ONF }IUNDRED ELEVEN AND 32100 DOLLARS (,s43,111.32) TO GENERAL CONTRACTOR SERVICES- INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the closeout, release of rctainage, and acceptance of the Highway 99 and Tri-City Beach Road Signalizadon Project. ORDINANCE NO, 12;465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAYIOWN, TEXAS, ACCEPTING 'THE HIGHWAY 99 AND TRI -CITY BEACH ROAD SIGNALIZ:ATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE 'SUM OF LIVE THOUSAND FIVE HUNDRED SIXTY -SEVEN AND 9$/100 DOLLARS ($5,567.9$) TO TRAP -TEX, INC., FOR SAID PRO FC "T; AND 'PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council RegWar Meeting Minutes Janum v 23. 2014 Pnee II of' Is C. Consider an ordinance authorizing Change Order No. I to the Archer, North & South ]laid Water and Sanitary Sewer Project with Trans -Tex Construction, LLC. Mayor DonClarlos inquned about agenda item 7.c. City Mantder Leiper stated that the main expenditure for the change order is fo additional well pointing which is where the pipes and .lines going into the Bound and dewaters to go in have stable excavation water conditions and 550,000 is for the location ofa large water line on Garth Rd. ORDINANCE NO. 12.466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. I WITH TRANS-TEX CONSTRUCTION, LLC, FOR THE ARCHER, NORTH & SOUTH ROAD WATER. AND SANITARY SERER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN. 1N THE AMOUNT OF FOUR HUNDRED TWEN'fY- THREE THOUSAND EIGHT HUNDRED AND N0100 DOLLARS (S423,800.00): AND PROVIDING FOR 1 III EFFECTIVE DAFF THFRFOF. L Consider nit ordinance authorizing acceptance and renewal of the 2013 Annual Sanitary Rehabilitation Project and renewing the contract with PM Construction & Rehab, L.P., for an additional year. ORDINANCE NO. 12,467 AN ORDINANCE OF THE Cl'rY COUNCIL OF THE (,I rY OF BAY I(.)WN. TEXAS, ACCEPTING THE 2013 ANNUAL SANITARY SEWER REHABHTTATION PROJECT; RENEWING THE ANNUAL SANITARY SEWER REHABILITATION PROJECT WITH PM CONSTRUCTION S - REHAB. L.P.. FOR 2014: AUTHORIZING PAYMENT BY THE CITY OF BAYTOR?N FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS (S1,000,000.00): MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing- the City Manager to negotiate and exectite contracts for debris . monitoring services. ORDINANCE NO. 12.468 AN ORDINANCE OF THE CITY COUNCIL OF THE C'I'TY OF BAYTOWN. ....TEXAS. AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE UP TO THREE (3) NO-UPFRONT-COS-1, STANDBY CONTRACTS FOR EMERGENCY DEBRIS MONITORING SERVICES, RELATED EQUIPMENT AND SUPPORT SFRVICFS; AND PROVIDING FOR 1 H1: EFITCTI V I3 I)ATF TI- IEREOF. City Cornctl Regulm Meeting Mamie, Ianum 23.2014 Page 12 of IS h. Consider out resolution authorizing the Cih� Manager to apply for and accept grant fonds front the State of Texas for the annual Emergency Management Performance Grant for 2014. City Manager Lciper stated that agenda item 7.h. is a resolution although it was listed as an ordinance. .RESOLUTION NO, 2284 A RESOLUTION OF 'THE CITY COUNCIL OF '["HE CITY OF BAY fOWN, TEXAS, ;AUTHORIZING THE CITY MANAGER TO MAKE. APPLICATION 1'0 'THE OFFICE OF THE GOVERNOR, DIVISION OF 1 AtERGENCY MANAGEMFEN`1' FOR FISCAL. PEAR. 2014 EMERGENCY \JANAGEMENT 'PERFORMANCE GRANT TO ENHANCE-. THE CITY OF BAYTOWN'S READINESS AND RESPONSE CAPABILITIES, DESIGNATING AN AU'l HORIZED REPRESENTATIVE: AUTHORIZING THE REPRESENTATIVE TG ACCEPT OR AFFIRM ANY GRANT AWARD 'THA'I MAY RESULT THEREI='ROM: AND PROVIDING FOR THE LFFFCTIVE DATE LHEREO . I. ' Consider an ordinance awarding the Annual Contract for Food and Supplies fm- the Pirates Bay Water Park to S,ysco Holston, a division of Sysco USA I, Inc. City Managei Luiper stated that this is the renewal contract and not an expansion. ORDINANCE NO. 12.469 AN ORDINANCE OF TTIE CITY COUNCIL OF TI IF CITY OF BAY IOWN, TEXAS, ACCEPTING THE.BID OF SYSCO USA 1, fNC., FOR THE ANNUAL. CONTRACT FOR FOOT) AND SUPPLIES FOR THE PIRATES BAY WATERPARK AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO.100 DOLLARS (S200,000.00): MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the reneivai of the Annual Cement Stabilized .Sand Contract to MegaSand Enterprises, Inc. ORDINANCE NO. 12:470 AN ORDINANCE OF THE CITY COUNCIL OF TIIE. CITY 01 BAYTOWN, 'T'E'XAS, RENEWING THE ANNUAL CEMENT STABILIZED SAND CONTRACT" WITH MEGASAND ENTERPRISES. INC.: AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF ONE .HUNDRED THIRTY THOUSAND ONE HUNDRED FIFTY -FIVE AND City Council Regular Meetmg Mmut" .January 23, 2014 Page 13 of IS NO /100 DOLLARS (5130,155.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR `lI❑ LFIT.CTTVE DATE THEREOF. k. Consider an ordinance authorizing the additional funds budgeted for the City's property and casualty insurance with the Texas Municipal League (FML) Intergovernmental Risk Pool and Wright National Flood Insurance, ORDINANCE NO. 12,471 AN ORDINANNCIT, OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, - TEXAS, AUTHORIZING ADDITIONAL FUNDS AND PAYMENT OF THE SAME IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY- FIVE THOUSAND AND NO /100 DOLLARS (5175,000.00) TO -1-1-IF TEXAS MUNICIPAL LEAGUE (TML) INTERGOVERNMENTAL RISK POOL AND PO WRIGHT NATIONAL FLOOD INSURANCE FOR PROPERLY AND CASUALTY COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. :Consider it resolution designating the .2014 Baytown Youth Fail, as a city co- sponsored event for which an tiff- premise sign may be placed on city property pursuant to Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Prendses Signs," Section 118 -358 "New Signs" of the Code of Ordinances, Baytown; Texas, contingent upon the filing of the requisite application and assumption of liability. RESOLUTION NO. 2285 A RESOLUTION OF ']'HE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. DESIGNATING THE 2014 BAYTOWN. YOU III FAIR AS A CITY CO- SPONSORED EVENT FOR WHICH OFF - PREMISE. SIGNS MAY BE PLACED ON CITY PROPERTY PURSUANT TO CHAP TER I IS `SIGNS;" ARTICLE, III "REGULATIONS," DIVISION 4 "LOCATION '.1 SUBDIVISION IV "OFF- PREMISES SIGNS;' SECTION 118-358 "' NEW SIGNS" OF THE CODE OF ORDIN ANCFS, BAYTOWN, TEXAS, CON I INGENT UPON 'PILE' TILING OF THE REQUISITE APPLICATION AND ,ASSUMPTION OF LIABII.I FY; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY BE PLACED; ANI) PROVIDING FOR THE EFFECTIVE DA'IC IIIE.RIOF. m. Consider atresolution authorizing the City to accept it grant award from the FY2013 :Port Security Grant Program on behalf of the Police and Fire Departments. RESOLUTION NO. 2286 A RESOLUTION OF THE CITY COUNCIL OF 'IT ItE CFI 61, BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT - FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL. Cih- Council Regular \icctine, biinuicti 1:muary 23, 2014 Paec 14 of 18 EMERGENCY MANAGEMENT AGENCY FY2013 PORT SECURITY GRANT PROGRAM (PSGP) ON BEHALF OF THE BAYTOWN POLICE AND FIRFDFPARTMENTS IN THE AMOUNT OF ONE HUNDREDWEIGHT THOUSAND AND NO /100 DOLLARS (5108,000.00); AUIHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED 'I HIRTY -SIX THOUSAND AND NO/t00 DOLLARS ($36;000.00); AND PROVIDING FOR THE EFFECTIVE DATE THLREOF. n. .:Consider a resolution authorizing a grant application to the Houston- Galveston Area Councit (IIGAC:) Downtown Public Spaces Improvement Program for the City's second Project Stars Gateway Signage Project. Council Member Presla} inquired if we will move forward of the expense even if w,e don't get a grant. City Manager Lciper stated this is a grant that you just complete and i eceivc. RESOLUTION NO. 2257 A RESOLU'IJON OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE FIOUS'ION- GALVES'TON AREA COUNCIL FOR ELIGIBLE IMPROVEMENTS IN ACCORDANCE WITH THE DOWNTOWN PUBLIC SPACES IMPROVEME NTS PROGRAM IN THE AMOUNT OF 'TWENTYTIVE THOUSAND AND NO /100 DOLLARS (525.000.00); AND PROVIDING FOR TIIE EFFECTIVE DATE THEREOR 0. 'Consider a resolution authorizing the Chambers Count '• Mosquito Control Department to use aerial application methods for the propose of mosquito control within the Chambers County portion of Baytown. RESOLUTION NO. 2258 A RESOLUTION OF THE CITY COUNCIL OF THE (,I CY Oh BAY 'l'OWN -. TEXAS, AUTHORIZING THE C:HANIBF.RS C'OUNIY MOSQUI'L0 - CONTROL, DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE, OF MOSQUITO CONTROL WITHIN THAT PORTION SOP' I'IIE CFFY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY. TEXAS; DIRECTING THE: MAYOR TO NOTIFY "F IL Fh.DERAL AV IATION ADMINISTRATION OF SUCH AUTHORIZATION. AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider appointments to the Charter Review Committee. City Manager Lciper presented t6c agenda item. Below are the appointments as they stand today and Council Member McCartney stated that his nomination was Ms. Drama Winfrey. City Council Rggula, Meeting Minutes January 21.. 2614 Pane 15 of 18 Council Mend er Appointee Appointment Date Mayor DonCarlos Dr. Don Murray December 12, 2013 Mercedes Renteria Ill Gilbert Hinojosa December 12, 2013 Chris Presley Vivian Hemphill January 09, 2014 Brandon Capetillo Randy Dickey January 09, 2014 rerrySain Cliff Clemens December 12, 2013 David McCartney Donna Winfrey January 23, 2014 These appointments will continue to serve until such time as the ftnel Charier Review Committee Report is presented to Elie Council prior to the calling of the November 2015 election. A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Robert C. Hoskins approving the appointments Don Murray, Gilbert I linplosa. Vii ian Hemphill, :Randy Dickey. Cliff Clemens, and Donna Winfrey to the Charter ReN icP Committee. `Elie vote was as follows: Ayes: Mayor Stephen DonCailos, Council Member Brannon Capetillo, Council Member Robert C. Hoskins, Mayor Pro "hem David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None. Other:. Council Member Mercedes Rentoria III (Absent) Approved li. Consider one (1) appointment to the Planning and Zoning Commission. City Manager L.eiper presented . the agenda item to consider the appointment of Mr. R:Ci. Burnside. His term expired on December 31, 2013, but Pie desires reappointment for another two year learn. If appointed, his temn would commence immediately and end on December 31, 2015. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving the appointment of R.D. Burnside to the Planning and "Zoning Commission. The vote was as follows: Ayes: Mayor Stephen DunCarios, Council Member Brandon Capetillo, Council Member Robert C. Hoskins. Mayor ]'to TemDavid MuCartney,.Council Member Terry Sain,Council Member Chris Presley Nays: None Other Council Memaet Mciecdes Renteria LII (Absent) Approved Ciry Council Regular Meeting Minutes Iannary 23, 2014 Page 16 of 18 C. Consider one (1) appointment . to the Community Development Advisory Committee (CDAC). City Manager Leiper presented the agenda item to consider the appointment of Ms. Irene De La Cruz, which meets the position requirements. If appointed Ms. De La Cruz's term would commence immediately and will expire on December 31,2015. A:motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Robert C. Hoskins approving the appointment of Irene De Lc Cruz to the Community Development Advisory Committee. The vote was as follows: .Ayes: Mayor Stephen DonCarlos. Council Member - Brandon Capctillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) it. .Consider four (4) appointments to the Baytown Library Board. City Manager Leiper presented the agenda item to consider the appointments of Mr, David Frazier, Ms. Kimbelec Whittington, Ms. Karen Roberson and Ms. Merle Hmu. Mr. Frazier and Ms. Whittington terms will expire on February 28, 2014. They are both eligible for reappointment and desire to serve another two (2) year tern. Ms. Karen Roberson, if appointed, term would commence on March 01, 2014 and expire on February 28, x2016. Ms. Merle Aunt, ifappointed, would complete Ms. Cottar's unexpired term, which is set to expire on February 28, 2015. Amotion was made by Council Member Terry Sam and seconded by Council Me be Robert C. Hoskins approving the .appointments of Mr. David Frazier, Ms. Kimberlee Whittington, Ms. :Karen Roberson, and Ms. Merle Hunt to the Baytown Library Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos..Council Member Brandon. Capctillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved City Cmmcil Rcyular niaeline Minutes January 23, 2014 Page 17 of 18 9. ➢1ANAG2R'S RCPORI a. The 13th Annual "Daddy and Me" Valentine's Dance will be held on Friday, February 07, 2014, front 7:00 PAM. until 10:00 PAM. at the Baytown Community Center. City Manager Leiper presented the agenda item and stated that the 13th Annual "Daddy and Me" Valentine's Dance will be held on Friday. February 07, 2014, front 7:00 P.M. until .10:00 P.M. at the Baytown Community Center. b. The Baytown City Council Retreat is scheduled for Saturday, February 08, 2014, front 8:00 A.M. to 1:00 P.M. at South Shore Harbour Resort, 2500 South Shone Blvd., League City, Texas 77573. City Manager Leifer presented tile agenda item and stated that the Baytown City Council Retreat is scheduled for Sahudty. February 08, 2014, from 8:00 A.M. to 1:00 P.M. at South Shore Harbour Resort, 2500 South Shore Blvd., League City. Texas 77573. C. 'Fite City of Baytown and ExxonMobil will hold a tree Planting event on Friday, January 31, 2014, from 5:00 A.M. to 12:00 PAM. at Unidad Park, located at 2510 J.B. Lefevre Road, Baytown, TX 77520, City Manager Leiper presented the agenda item and stated that the City of Baytown and ExxonMobil will hold a tree planting .event oil Friday, January 31, 2014, from 8:00 A.M. to 12:60 P.M. at Unidad Palk, located at 2510.1.B. Lelevre Road. Baytown, TX 77520, City Manager Leiper stated that Darryl Four[e, Director of Public Works will retain back to writs 1/2 days. City Manx er Leiper stated that [lie trees for the SH146 Tree Planting Project behieen Main Street and Garth Road arrived and will be planted. City Manager Leiper stated that the Parks avid Recreation Department reccis ed two awards from the HGAC - 2014 Parks and Natural _Areas Awards for Strategic Master Plan for Pirates Bay Water Park and the Emmett Hutto Parkway. Additionally, Ire stated that ducat) the weather conditions. City offices; will open at 10 :00 AN on Friday. January 24th. 10. ADJOURN A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David McCartncyadjourning the January 23, 2014, City Council Regular Mecting. The :vote was as follows: City Council Regular Meeting Minutes January 23, 2014 Pace 18 eF 1 Ayes: Mayor Stephen DonCailos, Council Member Brandon Capetillo, . Council Member Robert C, Hoskins,: Mayor Pro Tern David McCartney, Council Member Terry Sam, Council Member Chris Presley .Nays: None Otlter: Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor ponCarlos .adjourned the January "23, 2014, City Council Regular Meeting at 8:09 P.M. Leticia Brysch, City Clei6 City of Baytown Y /� .Ez