CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 25, 2012 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 David McCartney, District No. Six 1. MINUTES a. Consider Approving the Minutes of the City Council Regular Meeting for October 11, 2012 - City Clerk. Consider approving the minutes of the City Council Regular Meeting held on October 11, 2012. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Proclamation: Friends of Libraries Week - Library. Present a proclamation designating October 21-27, 2012, as Friends of Libraries Week. b. Present Years of Service Awards - Human Resources. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). c. Present the Employee and Team of the Year - Human Resources. Present the 2011 - 2012 Employee and Team of the Year. 3. PROPOSED ORDINANCES a. Consider the First Reading of the Annexation of Certain Properties Located in Industrial District No. 3 - Planning and Development Services. Consider an ordinance on the first reading for annexation of certain properties located in Industrial District No. 3, namely the property of the following: LQY Welded Tube, Inc.; Cedar Crossing, L.P.; NSN Properties, LLC; and Bailey Steel Services, Inc.; and portions of the property of the following: Johnnie Jennings; Rosemary Jennings; P. J. Fisher; and Cedar Crossing, L.P, located in Chambers County, Texas. b. Consider the First Reading of the Annexation of Approximately 2.473 Acres Located on the b. Consider the First Reading of the Annexation of Approximately 2.473 Acres Located on the South Side of East Wallisville Road and East of North Main Street - Planning and Development Services. Consider the first reading of an ordinance for annexation of approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas. c. Consider Amendments to the Noise Ordinance - Legal. Consider an ordinance amending Chapter 34 “Environment,” Article VII “Noise,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, to extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,000’) outside the corporate limits; to prohibit noises above established decibel, frequency and peak noise limits; to prescribe the equipment and methods to be used to measure sound; and to exempt certain noises emanating from certain activities. d. Consider Authorizing Change Order No. 1 for Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project - Engineering. Consider an ordinance authorizing Change Order No. 1 for Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project with T&C Construction, LTD. 4. EXECUTIVE SESSION a. Executive Session: Seek Legal Advice Concerning Schirmbeck v. City of Baytown, et al. - Legal. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys about Cause No. 4:12-cv-02644; Schirmbeck v. City of Baytown, et al, in the United States District Court, Southern Division of Texas, Houston Division. b. Executive Session: Seek Legal Advice Concerning Oil and Gas Drilling Operations within the City and its Extraterritorial Jurisdiction - Legal. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City’s attorneys regarding oil and gas drilling operations within the City of Baytown and its extraterritorial jurisdiction. c. Executive Session: Deliberate the Purchase of Real Property - Legal. Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property. 5. RESOLUTIONS a. Consider Granting a Petition from Chevron Phillips Chemical to Disannex Portions of its Property Located within the City Limits - Planning and Development Services. Consider a resolution granting a petition from Chevron Phillips Chemical for disannexation of a portion of its property that is located within the city limits. b. Consider Accepting a Petition from Chevron Phillips Chemical to Voluntarily Annex 101.266 Acres of Land - Planning and Development Services. Consider a resolution accepting a petition requesting annexation submitted by Chevron Phillips Chemical, the owner of a 101.266 acre (4,411,169 square feet) tract of land in the George Ellis Survey Abstract No. 21 and in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. 6. REPORTS a. Receive City of Baytown Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2012 - Finance. Receive City of Baytown's Quarterly Financial and Investment Reports for the quarter ending September 30, 2012. b. Present the City of Baytown 2012 Tourism Report - Administration. Present the City of Baytown 2012 Tourism Report. 7. DISCUSSIONS a. Present and Discuss the City of Baytown Crime Statistics and Prevention Efforts - Police. Present and discuss the City of Baytown crime statistics and crime prevention efforts. b. Discuss Development at 700 W. Texas Avenue - Administration. Discuss options for the final development at 700 W. Texas Avenue, Baytown, Texas. 8. 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. Ordinance: Consider Authorizing an Industrial District Agreement with NSN Properties, L.L.C. - City Management. Consider an ordinance authorizing an Industrial District Agreement with NSN Properties, L.L.C. b. Ordinance: Consider Granting a Pipeline Permit to DCP Sand Hills Pipeline, LLC - Engineering. Consider an ordinance granting a pipeline permit to DCP Sand Hills Pipeline, LLC, for a new 24-inch pipeline in the City's extraterritorial jurisdiction. c. Ordinance: Consider Approving the First Amendment to the Professional Services Agreement for BAWA Water Treatment Plant Improvement Project - Engineering. Consider an ordinance approving the Baytown Area Water Authority's First Amendment to the Professional Services Agreement with Malcolm Pirnie for the BAWA Water Treatment Plant Improvement Project. d. Ordinance: Consider Authorizing the Purchase of Eleven (11) Mobile Digital Video Recording Devices – Police. Consider an ordinance authorizing the purchase of eleven (11) 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). e. Ordinance: Consider Authorizing the Purchase of Eleven (11) Chevrolet Tahoes - Police. Consider an ordinance authorizing the purchase of eleven (11) 2013 Chevrolet Tahoes from Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant County. f. Ordinance: Consider Authorizing a Memorandum of Understanding with Harris County to Redistribute Grant-Funded Vehicles - Police. Consider an ordinance authorizing a Memorandum of Understanding with Harris County to redistribute grant-funded vehicles. g. Ordinance: Consider the Purchase of a Mobile Concrete Dispenser - Public Works. Consider an ordinance authorizing the purchase of a Mobile Concrete Dispenser through the Houston-Galveston Area Council (H-GAC). h. Ordinance: Consider Purchasing a 2013 Freightliner Cab and Chassis - Public Works. Consider an ordinance authorizing the purchase of one (1) 2013 Freightliner 108 SD 80 Cab and Chassis through the Houston-Galveston Area Council (H-GAC). i. Ordinance: Consider a Demolition Contract for two City-Owned Buildings at 108 W. Pearce Street and 407 W. Pearce Street - Planning and Development Services. Consider an ordinance awarding a demolition contract for 108 W. Pearce Street and 407 W. Pearce Street to Inland Environments, LTD. j. Ordinance: Consider Approving a Budget Amendment to the FCPEMSD FY2011-12 Budget - Fire. Consider an ordinance amending the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2011-2012 budget in order to reprogram funds from Radio and Testing Equipment to the Capital Improvement Fire Training Facility Project. k. Ordinance: Consider Amending Section 90-26 of the Code of Ordinances to Increase the Additional Penalty Assessed on Delinquent Ad Valorem Taxes, Penalties and Interest, to Defray the Cost of Collection of Ad Valorem Taxes - Finance. Consider an ordinance amending Section 90-26 "Delinquencies," subsections (a) and (c) of the Code of Ordinances, Baytown, Texas, to increase the additional penalty assessed on delinquent ad valorem taxes, penalties and interest, to defray the cost of collection of ad valorem taxes. l. Ordinance: Consider Authorizing the City Manager to Negotiate and Execute an Earnest Money Contract with Gerald Teel for Right-of-Way, Detention and Sidewalks for the Baker Road Extension Project - Engineering. Consider an ordinance authorizing the City Manager to negotiate and execute an Earnest Money Contract with Gerald Teel for right-of-way, detention and sidewalks for the Baker Road Extension Project. m.