Minutes of Theregular Meeting of the City

City Council Regular Meeting Minutes

January 12, 2012

Page 2 of 30

D R A F T

MINUTES OF THEREGULAR MEETING OF THE CITY

COUNCIL OF THE CITY OF BAYTOWN

January 12, 2012

The City Council of the City of Baytown, Texas, met in aRegularMeeting on January 12, 2012,at6:30P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:

Brandon Capetillo Council Member

Robert Hoskins Council Member

David McCartney Council Member

Mercedes Renteria Council Member

Terry Sain Council Member

Scott Sheley Council Member

Stephen H. DonCarlos Mayor

Robert D.Leiper City Manager

Kevin Troller Assistant City Manager

Ignacio Ramirez City Attorney

Leticia Brysch City Clerk

Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the January 12, 2012, City Council RegularMeeting with a quorum present at 6:30P.M., all members were present.

Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Renteria.

1. MINUTES
Mayor DonCarlos recommended considering items 1.a., 1.b., and 1.c. together.

a. Consider Approving the Minutes of the City Council Special Meeting held onNovember 21, 2011 - City Clerk.

b. Consider Approving the Minutes of theCity Council Regular Meeting held onDecember 08, 2011 - City Clerk.

c. Consider Approving the Minutes of the City Council Special Emergency Meeting held on December 16, 2011 - City Clerk.

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the November 21, 2011 City Council Special Meeting, December 08, 2011, City Council Regular Meeting, and the December 16, 2011, City Council Special Emergency Meeting minutes. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Scott Sheley

Nays: None

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Citizen Communication: Michelle Reeves Phillips.

Ms. Michelle Reeves Phillips requested to address Council to thank the Council for its participation in the 2011 toy drive and request thedate of December 22, 2012, for the next Crusin' Texas Toy Drive.

b. Resolution:Consider Accepting a Donation fromExxonMobil for Development of the Children’s Nature Discovery Area at the Baytown Nature Center - Parks and Recreation.

City Manager Leiper presented the agenda item and stated thatResolution No. 2176 acceptsa $25,000 contribution from ExxonMobil for the development of the Children’s Nature Discovery Area. The funds will pay for a new “Blue Crab” climber in addition to other improvements to the Children’s Nature Discovery Area located in the Baytown Nature Center. The contribution also recognizes the Baytown Nature Center’s 10th anniversary. A ribbon cutting for the Children’s Nature Discovery Area will be planned in early spring. This donation was accepted but no formal vote was taken this item.

3. PUBLIC HEARINGS

a. Public Hearing: Regarding Proposed Amendments to Chapter 126, Redefining Subdivision and Modifying Enforcement and Penalties Section - Planning and Development Services.

At 6:41 P.M., Mayor DonCarlos opened thepublic hearing on a proposed ordinance amending Chapter 126 "Subdivisions," Article I "In General," Section 126-1 "Definitions," and Section 126-5 "Enforcement; Penalties" of the Code of Ordinances to exempt certain divisions of land from the subdivision regulations and to allow in certain instances the construction of improvements on property for which a final plat has not been approved by the Planning and Zoning Commission.

City Manager Leiper stated that this hearing deals with an ordinance that would amend the definition of subdivision and modify the enforcement and penalties section in order to exempt certain divisions of land from the subdivision regulations and to allow in certain instances the construction of improvements on property for which a final plat has not been approved by the Planning and Zoning Commission. This ordinance will exempt from platting the following:

1. a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated as described hereinabove;
2. a division of land owned by the city;
3. a division of land created solely by the city’s acquisition of a portion thereof;
4. a division of land created by order of a court of competent jurisdiction;
5. construction of up to four (4) model homes;
6. property subdivided prior to July 13, 1978;
7. construction of an accessory building on the same lot as a single family dwelling if no drainage improvements are required by Code; or
8. an addition or alteration to a single family dwelling existing on January 22, 2012 provided no drainage improvements are required by the code.
With there being no one registered to speak, Mayor DonCarlos closed the public hearing and reconvened the open meeting at 6:46 P.M.

b. Ordinance: Consider Amendments to Chapter 126, Redefining Subdivision and Modifying Enforcement and Penalties Section - Planning and Development Services.

City Manager Leiper stated that the Planning and Zoning Commission discussed this item at their January 04, 2012 meeting and recommends approval.

A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo approving Ordinance No. 11,822. The vote was as follows:

Nays: None

Approved

ORDINANCENO. 11,822

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE I “IN GENERAL,” SECTION 126-1 “DEFINITIONS,” AND SECTION 126-5 “ENFORCEMENT; PENALTIES,” SUBSECTION (G) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXEMPT CERTAIN DIVISIONS OF LAND FROM THE SUBDIVISION REGULATIONS AND TO ALLOW IN CERTAIN INSTANCES THE CONSTRUCTION OF IMPROVEMENTS ON PROPERTY FOR WHICH A FINAL PLAT HAS NOT BEEN APPROVED BY THE PLANNING AND ZONING COMMISSION; PRESCRIBING A MAXIMUM OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

4. PROPOSED ORDINANCES

a. Consider Authorizing Sale of a Portion of the Old Fire Station No. 5 Property - Administration.

City MangerLeiper presented the agenda item and stated thatOrdinanceNo. 11,823 authorizes the sale of a portion of the property on which the old Fire Station No. 5 islocated at 7210 Bayway Drive to Navarre-Robbins Partnership for $51,500, contingent upon a plat acceptable to the City Manager and approved by the Planning and Zoning Commission.
The City was contacted by a representative of EMAX General Contractors, Inc., regarding the possible purchase of the old Fire Station No. 5 property. However, an elevated storage tank is located ona portion such property,therefore, the City was not willing to sell the entire tract. The City and EMAX entered into an agreement to have that portion of the property not containing thetower appraised at EMAX's expense. Such property, being approximately 17,811 square feet of land, was appraised by Chet Theiss at $90,000. After receiving the appraisal, the City sought offers for the purchase of such property.
City Manager Leiper stated that two (2) invitations to bid were picked up andone (1) bid was received. Should the City Council wish to accept the offer to purchase, the buyer will be obligated to plat the property at its sole cost and expense.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Terry Sain approving Ordinance No.11,823. The vote was as follows:

Nays: None

Approved

ORDINANCENO.11,823

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SALE OF A PORTION OF THE PROPERTY ON WHICH THE OLD FIRE STATION NO. 5 IS LOCATED AT 7210 BAYWAY DRIVE TO NAVARRE-ROBBINS PARTNERSHIP FOR FIFTY-ONE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($51,500.00), CONTINGENT UPON A PLAT ACCEPTABLE TO THE CITY MANAGER AND APPROVED BY THE BAYTOWN PLANNING AND ZONING COMMISSION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

b. Consider Authorizing Partial Release of Retainage to Angel Brothers Enterprises, Ltd., for the Hunt Road Extension Phase 1 Project - Engineering.

City Manager Leiper presented the agenda item and stated thatOrdinance No.11,824 authorizes a partial release of retainage in the amount of $29,027.17 to Angel Brothers Enterprises, Ltd., for the Hunt Road Extension Phase 1 Project. The Hunt Road Extension Phase 1 Project extended and/or widened Hunt Road approximately 1,000 linear feet to the west of Garth Road and approximately 300 linear feet to the east of Garth Road. The original contract price of this project was $1,098,072.00. To date, change orders totaling $196,513.00 (adding the traffic signal to this contract) have been approved by the City Manager and/or the City Council. Therefore, the current contract cost is $1,294,585.00.

This construction project is complete with the exception of 400 linear feet of roadway and utility extensions(or approximately 75 % of the project) which is from themain Academy driveway on Hunt Road to Academy's western property line.The disagreement with a pipeline companyregarding the party responsible topay for lowering its pipeline in the vicinity is preventing this remaining portion from being constructed.

Since the completed portion of the project is operational and deemed acceptable, Angel Brothers Enterprise, Ltd. has requested that the retainage for only the completed portion of the project be reduced from 5% to 2%.As neither the City nor Angel Brothers Enterprises, Ltd. is responsible for this construction delay, staff is agreeable with reducing the retainage for only the completed portion of the project to 2%.The remaining retainage will be heldin typical fashion until the construction project is 100% complete and eligible to be closed out. To date, the contractor has been paid $887,607.16. When the project is completed the contractor will be paid the balance of the contract amount or approximately $400,000.

A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No.11,824. The vote was as follows:

Nays: None

Approved

ORDINANCENO. 11,824

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PARTIAL RELEASE OF RETAINAGE IN THE AMOUNT OF TWENTY-NINE THOUSAND TWENTY-SEVEN AND 17/100 DOLLARS ($29,027.17) TO ANGEL BROTHERS ENTERPRISES, LTD., FOR THE HUNT ROAD EXTENSION PHASE 1 PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

c. Consider Authorizing the Closeout of Texas Avenue Streetscape Project - Engineering.
City Manager Leiper presented the agenda item and stated thatOrdinance No.11,825 provides for the acceptance of theTexas Avenue StreetscapeProject andthe release of final paymentto Stewart Builders, Inc.in the amount of $17,947.81.The original contract price of this project was $1,067,755.00;three (3) change orders were issued totaling $11,467.70, bringing the revised contract amount to $1,079.222.70. The contractor completed the contract on time with satisfactory workmanship.

A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Scott Sheley approving Ordinance No. 11,825. The vote was as follows:

Nays: None

Approved

ORDINANCENO. 11,825

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE TEXAS AVENUE STREETSCAPE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTEEN THOUSAND NINE HUNDRED FORTY-SEVEN AND 81/100 DOLLARS ($17,947.81) TO STEWART BUILDERS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

d. Consider Amending Chapter 14 to Address the Classifying of Dangerous Animals and their Impoundment and Disposition - Health & EMS.

City Manager Leiper presented the agenda item.Mr. Mike Lester stated thatOrdinance No.11,826 amends Chapter 14 "Animals” of the Code of Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article V "Dangerous Animals" to address the classifying of dangerous animals and their impoundment and disposition. Mr. Lester stated that thisproposed newarticle toChapter 14reflects the State of Texas"Dangerous Dog" Law with the following significant modifications:

· refers to "animals" in general and not solely dogs;

· includes attacks by ananimal on another animal and not solely humans; and

· requires the Animal Control Authority to report the incident to the municipal court for a hearing if the Animal Control Authority believes the animal is a dangerous animal.

The Animal Control Advisory Committee reviewed the proposed ordinance at its meeting on January 4th and recommends approval of the same.

During the discussion, there was an inquiry of this possibly overloading the municipal courts. City Manager Leiper stated thatonce a call is made in regards to an animal running loose, staffalways tries to work with the owner before it goes to the court, so he didn't feel it would overload the municipal court.

A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving Ordinance No. 11,826. The vote was as follows:

Nays: None

Approved

ORDINANCENO. 11,826

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 14 “ANIMALS,” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE V “DANGEROUS ANIMALS” TO ADDRESS THE CLASSIFYING OF DANGEROUS ANIMALS AND THEIR IMPOUNDMENT AND
DISPOSITION; PRESCRIBING A MAXIMUM OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

5. PROPOSED RESOLUTIONS

a. Consider a Resolution Approving the Issuance of Bonds by the Baytown Area Water Authority- Finance.

City Manager Leiper presented the agenda item and stated thatResolution No.2177 approves the issuance of Bonds by the Baytown Area Water Authority ("BAWA").There is an opportunity forBAWA to refund certain of its outstanding obligations in order to achieve a present value debt service savings, which savings under current market conditions are estimated to be approximately $240,000.Additionally,the City and BAWA have identifieda need for BAWA to acquire and construct certainequipment and improvements.
State law requires that the City Council approve the issuance of bonds by BAWA. Therefore, Resolution No. 2176 approves such issuance for the purposes of (i) refunding certain outstanding obligations of BAWA in an amount not to exceed $2,500,000 to achieve debt service savings, (ii) acquiring and constructing certain authorized equipment and improvements in an amount not to exceed $6,000,000, and (iii) paying the costs of issuingthe bonds.