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2015 04 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 09, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 09, 2015, 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 Ron Bottoms Karen Horner Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor Acting City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the April 09, 2015, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on March 26, 2015. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Chris Presley approving the March 26, 2015, City Council Regular 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 Sam, Mayor Pro Tern Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 09, 2015 Page 2 of 10 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Xavier Herrera requested to appear before the Council to introduce himself as the government/liaison for the Harris County District Clerk's Office and give a brief overview of their services to the community. Mayor DonCarlos stated that Mr. Herrera couldn't attend due to an emergency situation. b. Present a proclamation designating April 12 -18, 2015, as National Public Safety Telecommunications Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Ray Pheris a proclamation designating April 12 -18, 2015, as National Public Safety Telecommunications Week. C. Present a proclamation designating April 12 -18, 2015, as National Library Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Jamie Eustace a proclamation designating April 12 -18, 2015, as National Library Week. Mayor DonCarlos requested that the agenda be taken out of order to consider agenda item 2.e. d. Present the 3rd and 4th of July Celebration schedule and entertainment for 2015. Parks and Recreation Department Director, Scott Johnson presented the agenda item and announced the schedule and entertainment lineup for this year's 3rd and 4th of July Celebrations. He stated that the presentation included a short commercial that would be aired on Channel 16 and placed on the City's website. He stated that on July 3'd, the entertainment includes the Gary - Michael Dahl Band and 38 Special. He further stated that the entertainment for July 4th includes the Bud Heat Wave Run, vendor booths, the parade, the Texas Avenue Band, the Hill Country Jane Band, Clay Walker, and the firework ceremony. C. Recognize the three (3) grade group winners and the overall winner of the 2015 Keep Baytown Beautiful Trash -Off art contest. Health Department Director, Mike Lester presented the agenda item and Ms. Toni Woodward presented and recognized the 2015 Keep Baytown Beautiful Trash -Off art contest winners for grades K -2nd, 3rd -5th, and 6th -8`h, and the overall winner as follows: K -2nd 1st - Sergio Alvarez 2nd - Dianney Chapa 3rd - Anthony Lopez City Council Regular Meeting Minutes April 09, 2015 Page 3 of 10 3rd- 5th 1 st - Aric Buehring 2nd - Donya Lakhomram 3rd - Valeria Lopez 6th -8th 1st - Julia Martinez 2nd - John Wong 3rd - Nicole Trujillo Overall Winner Donya Lakhornram Ms. Woodward stated that the 15th annual keep Baytown Beautiful Trash -Off collection event is Saturday, April 11, 2015, from 9:00 A.M. - 2:00 P.M., at the Safe Keeping Self Storage located at 120 N. Alexander at Safe Keeping Self Storage and 300 W. Baker Road located at Sterling High School. 3. PUBLIC HEARINGS a. Conduct the first public hearing giving all interested persons the right to appear and be heard on the need to continue the City's juvenile curfew ordinance. At 6:50 P.M., Mayor DonCarlos conducted the first public hearing giving all interested persons the right to appear and be heard on the need to continue the City's juvenile curfew ordinance. Chief Dougherty provided a summary of the City's juvenile curfew ordinance and its effectiveness. He stated that he, has received positive responses regarding the ordinance and that it has alleviated the initial concern of after hour littering from groups congregating at after hour hangouts. He stated that the number of citations issued regarding the ordinance were two (2) in 2012, twenty six (26) in 2013, and thirty (30) in 2014. He further stated there were some initial concerns of teens being harassed while congregating after evening events, but that he's received no complaints in this regard. With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at 6:53 P.M. 4. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 110 "Floods," Article II "Flood Damage Prevention" of the Code of Ordinances, Baytown, Texas, to update the City's regulations that are designed to minimize flood losses consistent with the National Flood Insurance Program and to adopt the revised Flood Insurance Rate Maps for the City of Baytown. City Council Regular Meeting Minutes April 09, 2015 Page 4 of 10 Mayor DonCarlos recommended approving the ordinance as written and requested looking into making amendments to the ordinance that will be more flexible for the home owners in regards to construction. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tent Chris Presley approving Ordinance No. 12,823 as amended and to include future amendments. 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, Mayor Pro Tern Chris Presley Nays: None Approved ORDINANCE NO. 12,823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 110 "FLOODS," ARTICLE II "FLOOD DAMAGE PREVENTION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE THE CITY'S REGULATIONS THAT ARE DESIGNED TO MINIMIZE FLOOD LOSSES CONSISTENT WITH THE NATIONAL FLOOD INSURANCE PROGRAM AND TO ADOPT THE REVISED FLOOD INSURANCE RATE MAPS FOR THE CITY OF BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an earnest money contract for a sanitary sewer and drainage project from Michale Nassif. Engineering Director, Jose Pastrana presented the agenda item and stated that Ordinance No. 12,824 authorizes an earnest money contract for a sanitary sewer and drainage project from Michale Nassif. He stated that this acquisition is contingent upon an environmental site assessment and Council's approval of the earnest money agreement and that the sales price of the property is $80,000 or the appraised value of the property, whichever is less. He stated that the closing date will be June 10, 2015, or seven days after all objections to title, the environmental site assessment and the survey have been cured. Mr. Pastrana stated that the acquisition of this property will provide enough land to build a drainage way to relieve the recurring flooding that happens at the intersection of New York and Missouri Streets and to also relocate the lift station that has to be elevated to comply with the flood plain guidelines which can't be done at its current location due to a power line overhead. City Council Regular Meeting Minutes April 09, 2015 Page 5 of 10 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney approving Ordinance No. 12,824. 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, Mayor Pro Tem Chris Presley Nays: None Approved ORDINANCE NO. 12,824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY AGREEMENT WITH MICHAEL NASSIF FOR THE PURCHASE OF PROPERTY DESCRIBED AS TRACT 51, ABSTRACT 66 OF THE WILLIAM SCOTT SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, AUTHORIZING AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND AND NO 1100 DOLLARS ($80,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance amending Chapter 34 "Environment," Article VII "Noise," Division 1 "Generally" of the Code of Ordinances, Baytown, Texas, to prohibit the use of an engine- exhaust braking system. Municipal Court Prosecutor, Mike Gamer presented the agenda item and stated that the simplest way to address this amendment is to list the specific prohibitions in the current noise ordinance which will include a definition of engine braking (down shifting the engine in a low gear to slow down instead of using brakes). He further stated for clarity that this will be enforceable if a police officer actually sees it being done. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 12,825. 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, Mayor Pro Tem Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 09, 2015 Page 6 of 10 ORDINANCE NO. 12,825 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE VII "NOISE," DIVISION I "GENERALLY," SECTIONS 34 -361 "DEFINITIONS" AND 34 -365 "SPECIFIC PROHIBITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCLUDE A DEFINITION FOR "ENGINE - EXHAUST BRAKING SYSTEM" AND TO PROHIBIT THE USE OF ENGINE - EXHAUST BRAKING SYSTEMS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. CONSENT A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member David McCartney approving consent agenda items 5.a. through 5.g. 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, Mayor Pro Tern Chris Presley Nays: None Approved a. Consider an ordinance authorizing an Industrial District Agreement with ClarkWestern Dietrich Building Systems LLC. ORDINANCE NO. 12,826 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CLARKWESTERN DIETRICH BUILDING SYSTEMS LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the First Amendment to the Industrial District Agreement with Pure Salt Baytown, LLC, f/k/a Texas Brine Company Baytown, LLC. City Council Regular Meeting Minutes April 09, 2015 Page 7 of 10 ORDINANCE NO. 12,827 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT WITH PURE SALT BAYTOWN, LLC, F/K/A TEXAS BRINE COMPANY BAYTOWN, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance awarding the Annual Police Uniforms Contract to Red the Uniform Tailor. ORDINANCE NO. 12,828 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY THOUSAND AND NO /100 DOLLARS ($90,000.00) TO RED THE UNIFORM TAILOR FOR THE PURCHASE OF POLICE UNIFORMS AND BODY ARMOR THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF FRISCO; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding the Annual Sulfur Dioxide Contract to DXI Industries, Inc. ORDINANCE NO. 12,829 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF EIGHTY -SIX THOUSAND NINE HUNDRED TWENTY -FOUR AND NO 1100 DOLLARS ($86,924.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the Second Amendment to the Professional Services Agreement with Pierce Goodwin Alexander & Linville, Inc., for the Joint 911 Emergency Communications and Information Data Services Center Project. ORDINANCE NO. 12,830 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND City Council Regular Meeting Minutes April 09, 2015 Page 8 of 10 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR THE JOINT 911 EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY -EIGHT THOUSAND SIX HUNDRED AND NO 1100 DOLLARS ($258,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the purchase of two prefab buildings for the Town Square project through the Texas Local Government Purchasing Cooperative (Buy Board) from Restrooms Facilities Limited. ORDINANCE NO. 12,831 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY - THREE THOUSAND SEVEN HUNDRED NINE AND NO /100 DOLLARS ($223,709.00) TO RESTROOMS FACILITIES LIMITED, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF TWO (2) PREFABRICATED BUILDINGS FOR THE TOWN SQUARE PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the sole source purchase and installation of pump and control panel replacement at Lannie Lift Station to Hahn Equipment Company, Inc. ORDINANCE NO. 12,832 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY -FOUR THOUSAND TWO HUNDRED FIFTY -FIVE AND NO /100 DOLLARS ($94,255.00) TO HAHN EQUIPMENT COMPANY, INC., FOR THE SOLE SOURCE PURCHASE AND INSTALLATION A NEW FLYGT SS TRIPLEX 3 PHASE CONTROL PANEL WITH SCADA -READY INTEGRATION AND THREE (3) NEW FLYGT 45HP SUBMERSIBLE PUMPS FOR THE LANNIE LIFT STATION PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. a. Consider seven (7) appointments to the Baytown Construction Board of Adjustments and Appeals. City Council Regular Meeting Minutes April 09, 2015 Page 9 of 10 City Clerk Leticia Brysch presented the agenda item to consider the reappointments of Donald Carnes, Mike Chatham, Garry Ruyle, Kenneth McVay, and Thomas Hughes to the Baytown Construction Board of Adjustments and Appeals. She stated that there were two (2) vacancies left to be filled which are that of an Architect and a Plumber. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving the reappointments of Donald Carnes, Mike Chatham, Garry Ruyle, Kenneth McVay, and Thomas Hughes to the Baytown Construction Board of Adjustments and Appeals. 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, Mayor Pro Tem Chris Presley Nays: None Approved 7. MANAGER'S REPORT a. The 15th Annual Keep Baytown Beautiful Trash -Off in conjunction with the State of Texas Keep Texas Beautiful Annual Trash -Off activities on Saturday, April 11, 2015, from 9:00 A.M. to 2:00 P.M., as well as, the annual Storm Water Management Household Hazardous Waste Collection Day occurring the same day and time. Acting City Manager Bottoms presented the agenda item and stated that the Annual Trash -Off activities are on Saturday, April 11, 2015. 8. EXECUTIVE SESSIONS a. 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. b. 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 a Chapter 380 Economic Development Agreement. C. Recess into and conduct an executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment of a City Manager. At 7:04 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for municipal purposes, 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 a Chapter 380 City Council Regular Meeting Minutes April 09, 2015 Page 10 of 10 Economic Development Agreement, and an executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment of a City Manager. At 9:23 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. Mayor DonCarlos requested a motion naming the five finalists for the City Manager's position: Derek Todd, Rick Davis, Ron Bottoms, Susan Guthrie, and Vince Capell. A motion was made by Council Member McCartney and seconded by Council Member Renteria approving the names of the five (5) finalists of Derek Todd, Rick Davis, Ron Bottoms, Susan Guthrie, and Vince Capell for the City Manager's position. 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, Mayor Pro Tem Chris Presley Nays: None Approved 9. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins adjourning the April 09, 2015, City Council Regular meeting. 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, Mayor Pro Tem Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 09, 2015, City Council Regular Meeting at 9:23 P.M. . A0�1� Leticia Brysch, City Cler City of Baytown