CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL SPECIAL MEETING MONDAY, NOVEMBER 17, 2014 6:30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Chris Presley, District No. Two
CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Chris Presley, District No. Two
MINUTES
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
Recognize the City of Baytown Public Safety Award of Excellence winners.
Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years).
Presentation regarding Mr. Thane Harrison's retirement and the new representative for Waste Management.
Presentation of the new Welcome to Baytown video featuring Mayor DonCarlos.
4. PROPOSED AMENDMENTS TO ULDC TEXT AMENDMENTS
Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
Consider an ordinance to amend the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
Consider an ordinance to amend the text of the Unified Land Development Code to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
5. ANNEXATION AND REZONING OF APPROXIMATELY 0.178 ACRES OF 6730 N. MAIN, BAYTOWN, TEXAS
Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street.
Consider an ordinance placing approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2,000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street into City Council District No. 4.
Conduct a public hearing concerning a proposed amendment to the official zoning map for approximately 0.178 acres area out of Lot 27, Block 19 of the Highland Farms Subdivision Plat, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).
Consider an amendment to the official zoning map for approximately 0.178 acres out of Lot 27, Block 19 of the Highlands Farms Subdivision, Baytown, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).
6. PROPOSED ORDINANCES
Consider an ordinance authorizing the Seventh Amendment to the Collective Bargaining Agreement for October 1, 2010 -- September 30, 2016, with the International Association of Firefighters Local 1173 to add Article 34 "Reappointment" to provide for the reappointment of firefighters under certain conditions.
Consider an ordinance authorizing a Professional Service Agreement with Midtown Engineering, LLC, for the Texas Avenue Streetscape - Phase II and Town Center Project.
Consider an ordinance authorizing a Professional Service Agreement with Kimley-Horn and Associates, Inc., for surveying and environmental services, preliminary design, and right-of-way services for the San Jacinto Boulevard Extension Project.
Consider an ordinance amending Chapter 66 "Offenses," Article III "Controlled Substances" of the Code of Ordinances, Baytown, Texas, to expand the ban to include illicit synthetic substances; regulating the display and package labeling of herbal incense; and declaring certain conduct to be unlawful.
Consider an ordinance authorizing the City Manager to negotiate and execute one or more contracts for the emergency repairs to the 30-inch steel force main located 800 feet west of the intersection of Lee drive and Market Street.
Consider an ordinance authorizing granting a variance from the distance requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on December 6, 2014; and exempting such event from the application of the City’s Peddlers and Solicitors' Ordinance.
Consider an ordinance authorizing a contract with the Greater Houston Football Coaches Association for advertising services related to the 2015 Bayou Bowl and authorizing additional funds for state-wide advertising of the Bayou Bowl and the City of Baytown.
7. PROPOSED RESOLUTIONS
Consider approving a resolution nominating Bayer MaterialScience LLC to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and a triple jumbo Enterprise Project under the Texas Enterprise Zone Program.
Consider a resolution to support the activities of the Texas Coast Utilities Coalition of Cities and other similarly situated coalition of municipalities in proceedings before the Railroad Commission of Texas and the Texas Legislature related to the City's authority to effectively review and regulate rates.
CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.
a. Consider an ordinance authorizing the purchase of five (5) 2015 Freightliner trucks for the Public Works Department through Houston-Galveston Area Council (H-GAC).
b. Consider an ordinance authorizing the purchase of sixteen (16) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department through Department of Information Resources (DIR).
c. Consider an ordinance authorizing the purchase of seventy (70) Dell computers for Houston HIDTA through the Department of Information Resources (DIR).
d. Consider an ordinance authorizing the purchase of thirty-one (31) Panasonic CF-53 Mobile Digital Terminals for the Police Department through Department of Information Resources (DIR).
e. Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet 1/2 Ton Crew Cab and sixteen (16) 2015 Tahoe Trucks from Reliable Chevrolet, Inc., for the Police Department, through a cooperative purchasing agreement with Tarrant County; along with the purchase and installation of emergency equipment for the new vehicles from Fleet Safety Equipment, Inc., through the BuyBoard.
g. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire."
h. Consider amending Ordinance No. 12,421 to prescribe the number of positions in the classification "Service Group - Police."
i. Consider an ordinance authorizing an Interlocal Agreement with the Baytown Municipal Development District for the funding of property acquisition costs related to the San Jacinto Boulevard Project.
j. Consider an ordinance authorizing an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, and Optim Energy Cedar Bayou 4, LLC.
l. Consider an ordinance authorizing the closeout and acceptance of the Bay Oaks Harbor Road Improvement Project and the release of retainage to Angel Brothers Enterprises Ltd.
m. Consider an ordinance authorizing the purchase of Trimble Survey Equipment from Martin Instrument, Inc., through the Department of Information Resources (DIR).
n. Consider an ordinance awarding a construction contract and Change Order No. 1 for the Annual Waterline Rehabilitation Project to SKE Construction.
9. APPOINTMENTS
Consider five (5) appointments to the Sign Committee.
EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have stay or expand in the City and with which the City is conducting economic development negotiations.
MANAGER'S REPORT Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code.
a. Receive the 2014 Annual Progress Report of the flood related initiatives portion of the All Hazard Mitigation Plan.
b. The Annual Baytown Christmas Parade is scheduled to start at 6:30 p.m., Thursday, December 4, 2014, at Market Street in front of Bicentennial Park.
c. The 48th Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 5, 2014, at 7:00 p.m.
e. City of Baytown Offices will be closed on Thursday, November 27th and Friday, November 28th, 2014, in observance of the Thanksgiving Holiday.
Nov 17, 2014 CITY COUNCIL SPECIAL MEETING
CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL SPECIAL MEETING MONDAY, NOVEMBER 17, 2014 6:30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Chris Presley, District No. Two
CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Chris Presley, District No. Two
MINUTES
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
Recognize the City of Baytown Public Safety Award of Excellence winners.
Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years).
Presentation regarding Mr. Thane Harrison's retirement and the new representative for Waste Management.
Presentation of the new Welcome to Baytown video featuring Mayor DonCarlos.
4. PROPOSED AMENDMENTS TO ULDC TEXT AMENDMENTS
Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
Consider an ordinance to amend the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
Consider an ordinance to amend the text of the Unified Land Development Code to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.
5. ANNEXATION AND REZONING OF APPROXIMATELY 0.178 ACRES OF 6730 N. MAIN, BAYTOWN, TEXAS
Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street.
Consider an ordinance placing approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2,000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street into City Council District No. 4.
Conduct a public hearing concerning a proposed amendment to the official zoning map for approximately 0.178 acres area out of Lot 27, Block 19 of the Highland Farms Subdivision Plat, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).
Consider an amendment to the official zoning map for approximately 0.178 acres out of Lot 27, Block 19 of the Highlands Farms Subdivision, Baytown, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).
6. PROPOSED ORDINANCES
Consider an ordinance authorizing the Seventh Amendment to the Collective Bargaining Agreement for October 1, 2010 -- September 30, 2016, with the International Association of Firefighters Local 1173 to add Article 34 "Reappointment" to provide for the reappointment of firefighters under certain conditions.
Consider an ordinance authorizing a Professional Service Agreement with Midtown Engineering, LLC, for the Texas Avenue Streetscape - Phase II and Town Center Project.
Consider an ordinance authorizing a Professional Service Agreement with Kimley-Horn and Associates, Inc., for surveying and environmental services, preliminary design, and right-of-way services for the San Jacinto Boulevard Extension Project.
Consider an ordinance amending Chapter 66 "Offenses," Article III "Controlled Substances" of the Code of Ordinances, Baytown, Texas, to expand the ban to include illicit synthetic substances; regulating the display and package labeling of herbal incense; and declaring certain conduct to be unlawful.
Consider an ordinance authorizing the City Manager to negotiate and execute one or more contracts for the emergency repairs to the 30-inch steel force main located 800 feet west of the intersection of Lee drive and Market Street.
Consider an ordinance authorizing granting a variance from the distance requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on December 6, 2014; and exempting such event from the application of the City’s Peddlers and Solicitors' Ordinance.
Consider an ordinance authorizing a contract with the Greater Houston Football Coaches Association for advertising services related to the 2015 Bayou Bowl and authorizing additional funds for state-wide advertising of the Bayou Bowl and the City of Baytown.
7. PROPOSED RESOLUTIONS
Consider approving a resolution nominating Bayer MaterialScience LLC to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and a triple jumbo Enterprise Project under the Texas Enterprise Zone Program.
Consider a resolution to support the activities of the Texas Coast Utilities Coalition of Cities and other similarly situated coalition of municipalities in proceedings before the Railroad Commission of Texas and the Texas Legislature related to the City's authority to effectively review and regulate rates.
CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.
a. Consider an ordinance authorizing the purchase of five (5) 2015 Freightliner trucks for the Public Works Department through Houston-Galveston Area Council (H-GAC).
b. Consider an ordinance authorizing the purchase of sixteen (16) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department through Department of Information Resources (DIR).
c. Consider an ordinance authorizing the purchase of seventy (70) Dell computers for Houston HIDTA through the Department of Information Resources (DIR).
d. Consider an ordinance authorizing the purchase of thirty-one (31) Panasonic CF-53 Mobile Digital Terminals for the Police Department through Department of Information Resources (DIR).
e. Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet 1/2 Ton Crew Cab and sixteen (16) 2015 Tahoe Trucks from Reliable Chevrolet, Inc., for the Police Department, through a cooperative purchasing agreement with Tarrant County; along with the purchase and installation of emergency equipment for the new vehicles from Fleet Safety Equipment, Inc., through the BuyBoard.
g. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire."
h. Consider amending Ordinance No. 12,421 to prescribe the number of positions in the classification "Service Group - Police."
i. Consider an ordinance authorizing an Interlocal Agreement with the Baytown Municipal Development District for the funding of property acquisition costs related to the San Jacinto Boulevard Project.
j. Consider an ordinance authorizing an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, and Optim Energy Cedar Bayou 4, LLC.
l. Consider an ordinance authorizing the closeout and acceptance of the Bay Oaks Harbor Road Improvement Project and the release of retainage to Angel Brothers Enterprises Ltd.
m. Consider an ordinance authorizing the purchase of Trimble Survey Equipment from Martin Instrument, Inc., through the Department of Information Resources (DIR).
n. Consider an ordinance awarding a construction contract and Change Order No. 1 for the Annual Waterline Rehabilitation Project to SKE Construction.
9. APPOINTMENTS
Consider five (5) appointments to the Sign Committee.
EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have stay or expand in the City and with which the City is conducting economic development negotiations.
MANAGER'S REPORT Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code.