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2014 02 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 27, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, February 27, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the February 27, 2014, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Renteria who arrived at 6:41 P.M. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on January 23, 2014. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the January 23, 2014, City Council Regular Meeting minutes. The vote was as follows: 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 City Council Regular Meeting Minutes February 27, 2014 Page 2 of 12 Other: Council Member Mercedes Renteria III (Not Present for Vote) Approved 2. CITIZEN COMMUNICATIONS AND RECOGNITION OF ACCOMPLISHMENTS a. Consider a resolution accepting an ExxonMobil donation that provided funds to purchase trees and needed supplies for the Unidad Park tree project. City Manager Leiper presented the agenda item and stated that Resolution 2291 accepts an $84,191.26 payment from ExxonMobil that provided funds to purchase trees and needed irrigation and planting supplies that will support the Unidad Park tree project. He stated that the project included planting 110 — 30 gallon trees at Unidad Park and an additional 200 trees that will be planted on the 146 median between 146 and the feeder road adjacent to Unidad Park and 1B LeFevre. City Manager Leiper stated that on the morning of Friday, January 31, 2014; more than 60 volunteers from the ExxonMobil Baytown Olefins Plant and 14 Parks and Recreation Department staff planted 150 trees at Unidad Park and the adjacent median. He stated that the project has positively improved the appearance of the park as it had lost more than 100 trees during the drought of 2011. Additionally, he stated that the Parks and Recreation Department crews will install drip irrigation to the newly planted trees to insure the success of the project. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Turn David McCartney approving Resolution No. 2291. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, 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 (Not Present for Vote) Approved RESOLUTION NO. 2291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL CORPORATION IN THE AMOUNT OF EIGHTY -FOUR THOUSAND ONE HUNDRED NINETY -ONE AND 26/100 DOLLARS ($84,191.26) FOR THE PURCHASE OF TREES AND SUPPLIES FOR THE UNIDAD PARK TREE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Mewing Minutes February 27, 2014 Page 3 of 12 b. Present a Proclamation designating March 01, 2014, as Baytown Family YMCA Gator Ride Day. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented the Proclamation designating March 01, 2014, as Baytown Family YMCA Gator Ride Day. C. Recognize City of Baytown Employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda item and recognized City of Baytown Employees for their Years of Service (5, 10, 15 plus years). 5 Years: Jose Gonzalez - Police, Patrol Officer Catherine Cameron - Library, Customer Service Specialist Patti Jett - Administration, Public Affairs Coordinator Jason Oyler - Public Works, Certified Utility Maintenance Technician - Utility Construction Darryl Fourte- Public Works Director 10 Years: Susan Chandler - Librarian 11 15 Years: Steve Dorris - Police, Sergeant Jesse Armstrong - Police, Patrol Officer 25 Years: Michael Mueller -- Parks & Recreation Foreman (since 2/16/1989) Additionally, City Manager Leiper recognized Scott Johnson, Parks and Recreation Department Director for receiving the Dan Whitworth Award from the Texas Recreation and Park Society. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing the issuance of the City of Baytown's Combination Tax and Revenue Certificates of Obligation, Series 2014, and setting certain parameters for the sale of the certificates. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,486 authorizes the issuance of the City of Baytown's Combination Tax and Revenue Certificates of Obligation, Series 2014, in a principal amount not to exceed $12,500,000 and sets certain parameters for the sale of the certificates. He stated that the certificates of obligation will be issued for the costs associated with: City Council Regular Meeting Minutes February 27, 2014 Page 4 of 12 repair and renovation of, the construction of improvements to and the equipment of the City's waterworks and sanitary sewer system, including lift station rehabilitation; repair and renovation of, the construction of improvements to and the equipment of the City's parks and recreational facilities, including associated parking facilities and drainage improvements; and cost of professional services incurred in connection with such repairs, renovations and improvements. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,486. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,486 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014; LEVYING A TAX IN PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the issuance of the City of Baytown's General Obligation and Refunding Bonds, Series 2014, and setting certain parameters for the sale of the bonds. City Manager Leiper presented the agenda item and stated that Ordinance 12,487 authorizes the issuance of the City of Baytown's General Obligation and Refunding Bonds, Series 2014, in a maximum principal amount not to exceed $31,900,000; sets certain parameters for the sale of the bonds; authorizes the redemption prior to maturity of certain outstanding bonds; authorizes the Mayor and/or City Manager to approve the amount, the interest rate, price and certain other terms of the bonds; authorizes execution of a bond purchase agreement and a paying agent/registrar agreement; appoints underwriters; and approves the preparation and distribution of an official statement. He stated that of this amount, (i) approximately $20,000,000 will be allocated for the refunding bonds and (ii) approximately $11,900,000 will be allocated for the general obligation bonds. He stated that the proceeds from the general obligation bonds will be used for the following purposes: City Council Regular Meeting Minutes February 27, 2014 Page 5 of 12 Amount Purpose $5,000,000 Streets, Sidewalks, Drainage and Utilities Improvements $4,000,000 911 Center, Public Safety Facilities and Equipment, and Communications Infrastructure and Equipment $1,825,000 Acquisition and Construction Additions and Improvements to the City's Parks and Recreational Facilities and City-wide Beautification $ 400,000 Drainage Facilities $ 500,000 Cost of Issuance A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,487. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capelillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,487 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2014; LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE ISSUANCE OF THE BONDS IN ACCORDANCE WITH SPECIFIED PARAMETERS; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a professional service agreement with Pierce Goodwin Alexander & Linville, Inc., for the Police Facility Replacement Project and related site work. City Manager Leiper presented the agenda item and stated that the Architectural and Engineering Committee selected Pierce Goodwin Alexander & Linville, Inc. ( "PGAL ") from a selection of qualified firms, to provide a Needs Assessment in the amount of $42,000, to determine the scope of work for the Police Department Master Plan Project to know how much would need to be proposed to the Citizens Bond Committee for a future bond. City Council Regular Meeting Minutes February 27, 2014 Page 6 of 12 A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,488. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,488 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR CONSULTING SERVICES ASSOCIATED WITH THE POLICE FACILITY REPLACEMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY - TWO THOUSAND AND NO /100 DOLLARS ($42,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the First Amendment to the Professional Services Agreement with Pierce Goodwin Alexander & Linville, Inc., for the Joint 911 Emergency Communications and Information Data Services Center Project. City Manager Leiper presented the agenda item and stated that the preparation for bid and cost of construction for this project is $561,000.00. He stated that the cost to have the building LEED accredited is $115,000.00, with an additional $100,000 for construction costs. He stated that the recommendation is for the authorizing of $561,000.00 for the basic design excluding the LEED certification. Additionally, he slated that PGAL assisted the city with the purchase of the land property for this project. Council Member McCartney inquired if a police substation could be consolidated with this project. City Manager Leiper stated that the substation would be considered when the police master plan is done. Council Member Presley requested, for clarification, more details on the facility as to why to design is higher than typical. City Manager Leiper stated that the building is going to costs approximately $8 million dollars and that it will be technically challenging being that it will be category 5 equipped with double redundant backup systems. City Manager Leiper stated that the building is also being built to be expanded if necessary. City Council Regular Meeting Minutes February 27, 2014 Page 7 of 12 A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,489. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR CONSULTING SERVICES ASSOCIATED WITH THE JOINT 911 EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER. PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED SIXTY -ONE THOUSAND AND NO /100 DOLLARS ($561,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution accepting the petition of Jean Hansen, the property owner, for annexation of approximately 28.2 acres of land out of Block 20, Highland Farms W.C.R.R Co. Survey No.1, Abstract No. 899, Harris County, Texas, approximately 4,000 feet south of I -10 and west of Garth Road. City Manager Leiper presented the agenda item and stated that this annexation is to include all of a proposed commercial development of about 300,000 square feet of commercial retail and pad sites just south of the Academy building. He stated that Resolution No. 2292 directs the preparation of a service plan for the area to be annexed. He stated that in March, a Chapter 380 agreement will be submitted for the 120,000 square foot acre for this facility. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Resolution No. 2292. The vote was as follows: Ayes: Mayor Stephen DonCulos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2292 City Council Regular Meeting Minutes February 27, 2014 Page 8 of 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF JEAN HANSEN, FOR ANNEXATION OF APPROXIMATELY 28.2 ACRES OF LAND OUT OF BLOCK 20, HIGHLAND FARMS W.C.R.R CO. SURVEY NO. I, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, APPROXIMATELY 4,000 FEET SOUTH OF I -10 AND WEST OF GARTH ROAD; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution approving the City of Baytown's Fund Balance Policy. City Manager Leiper presented the agenda item and stated that the proposed fund balance policy is to maintain General Fund unassigned fund balance at the equivalent of 60 -90 days of operating expenditures. He slated that unassigned fund balance is defined as that fund balance in excess of non - spendable, restricted, committed and assigned fund balance. He stated that the City will monitor unassigned fund balance to assure it is within target range and remedial action may include deferral of non - recurring budgeted expenditures such as capital, contingencies and new initiatives to maintain unassigned fund balance at the equivalent of 60 -90 days. A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Mercedes Renteria III approving Resolution No. 2293. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: Approved RESOLUTION NO. 2293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S FUND BALANCE POLICY: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CONSENT City Council Regular Meeting Minutes February 27. 2014 Page 9 of 12 A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving consent agenda items 5.a. and 5ab. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved a. Consider an ordinance authorizing a Scofflaw Agreement with the Texas Department of Motor Vehicles. ORDINANCE NO. 12,490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES FOR SCOFFLAW SERVICES ASSOCIATED WITH THE REGISTRATION OF A MOTOR VEHICLE IF THE OWNER OF THE VEHICLE HAS AN OUTSTANDING WARRANT FOR FAILURE TO APPEAR OR FAILURE TO PAY A FINE ON A COMPLAINT THAT INVOLVES THE VIOLATION OF A TRAFFIC LAW; AUTHORIZING PAYMENT IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance authorizing the sole source purchase of two (2) Zoll ECG monitors for the Fire Department. ORDINANCE NO. 12,491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY -EIGHT THOUSAND ONE AND 77/100 DOLLARS ($68,001.77) TO ZOLL MEDICAL CORPORATION FOR THE PURCHASE OF TWO (2) ZOLL ECG MONITORS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City Attorney on legal matters concerning New World Systems Corporation. City Council Regular Meeting Minutes February 27, 2014 Page 10 of 12 b. Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for municipal purposes. At 7:07 P.M., Mayor DonCarIos recessed into and conducted an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City Attorney on legal matter concerning New World Systems Corporation and Section 551.072 of the Texas Government Code to deliberate the purchase of real property for municipal purposes. At 7:53 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. AFTER EXECUTIVE SESSION ACTION ITEMS a. Consider a resolution authorizing advance funding for the purchase of real property for municipal purposes. City Manager Leiper presented the agenda item and stated that Resolution 2294 authorizes the advance funding of $2,000,000 for the purchase of real property for municipal purposes. He stated that due to the unanticipated opportunity to purchase this property, no funding was set aside during the budget process, but it meets the criteria to be funded by debt due to the long life of property. He stated that the IRS regulations dictate that Council declares its official intent to reimburse prior expenditures with proceeds of subsequent borrowing. City Manager Leifer stated that the advance funding would not preclude the necessity of Council approval for contracts that require such approval and to minimize interest costs, the sale of the certificates of obligation will be deferred as long as practical. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria 111 approving Resolution No. 2294. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A City Council Regular Meeting Minutes February 27, 2014 Page 11 of 12 SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the purchase of real property for municipal purposes. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,492 authorizes the purchase of real property for municipal purposes for up to $2,636,000, and also authorizes the City Manager to negotiate the terms of the transaction, which may include, but not be limited to, installment payments, leaseback provisions, etc. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,492. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,492 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EARNEST MONEY CONTRACT FOR THE PURCHASE OF PROPERTY FOR MUNICIPAL PURPOSES; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED THIRTY -SIX THOUSAND AND NO /100 DOLLARS ($2,636,000); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MANAGER'S REPORT a. The City's five spray parks will open for the 2014 summer season on Saturday, March 08, 2014, at 10:00 A.M. City Manager Leiper presented the agenda item and stated that the City's five spray parks will open for the 2014 summer season on Saturday, March 08, 2014, at 10:00 A.M., and are scheduled to remain open through Sunday, November 02, 2014. He stated that the spray parks are located at Roseland Park, Bergeron Park, McElroy Park, Pelly Park and Central Heights Park. Additionally, he stated that admissions to these parks are free. It. Receive the City of Baytown Racial Profiling Report 2013. City Council Regular Meeting Minutes February 27, 2014 Page 12 of 12 City Manager Leiper presented the agenda item and stated that the City of Baytown do not racially profile. 9. ADJOURN A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III adjourning the Febmary 27, 2014, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the February 27, 2014, City Council Regular Meeting at 7:57 P.M.