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2015 04 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 23, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 23, 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: Robert Hoskins Council Member David McCartney Council Member Chris Presley Council Member Terry Sain Council Member Stephen H. DonCarlos Mayor Ron Bottoms Acting City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the April 23, 2015, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Members Capetillo and Renteria who were both absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. 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. Mr. Herrera was not present. b. Present a proclamation designating May 2 -10, 2015, as National Travel and Tourism Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation designating May 2 -10, 2015, as National Travel and Tourism Week. C. Present a proclamation designating May 3 - 9, 2015, as Public Service Recognition Week. City Council Regular Meeting Minutes April 23, 2015 Page 2 of 20 Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation designating May 3 - 9, 2015, as Public Service Recognition Week. d. Recognize City of Baytown Employee's for their years of service (5, 10, 15, plus years). Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employee's for their years of service (5, 10, 15, plus years). 5 Years: Meghan Reed - Finance, Budget Officer Jose Pastrana - Director of Engineering Kimberlynn McCormick - Communications, Telecommunicator 25 Years: Daniel Danek - Police, Patrol Officer 35 Years: Roger Clifford - Assistant Police Chief 2. CONTINUATION OF JUVENILE CURFEW ORDINANCE a. Conduct a second 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 6:53 P.M., Mayor DonCarlos opened and conducted a second public hearing giving all interested persons the right to appear and be heard on the need to continue the City's juvenile curfew ordinance. Acting City Manager Bottoms stated that every three (3) years the City has to update the curfew ordinance which is from 11:00 P.M. to 6:00 A.M., during the week and from midnight to 6:00 A.M., on the weekends. He stated that the ordinance is a tool that the police department uses to assist with monitoring the night hour activities. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 6:54 P.M. b. Consider an ordinance continuing the juvenile curfew ordinance found in Chapter 66 "Offenses," Article IV "Curfew for Minors" of the Code of Ordinances, Baytown, Texas. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,833. The vote was as follows: City Council Regular Meeting Minutes April 23, 2015 Page 3 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING CHAPTER 66 "OFFENSES," ARTICLE IV "CURFEW FOR MINORS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. EVERGREEN POINT GOLF COURSE a. Receive a report concerning the Evergreen Point Golf Course feasibility study. Acting City Manager Bottoms presented the agenda item and introduced Mr. Richard Singer of the National Golf Foundation who provided a presentation of the feasibility study of the Evergreen Golf Course. Mr. Singer stated that the National Golf Foundation is a municipal golf facility consultant and they look at opportunities for the public sector to see how golf best fits into the overall community offering. He stated that they looked at the option of continuing to operate the evergreen golf course as it is currently and the option of making significant changes to the property to allow other uses of adjacent properties. He stated that the evergreen golf course has the basic design features and location to be a successful public golf course, but that the City should expect to put capital into significant upgrades and improvements to the property. Mr. Singer stated that in order to bring the property as it is currently to quality status, there will be required renovations and upgrades ranging in the amount from $2.6 million to $5.2 particularly to the greens and overall turf quality as they are the highest priority for replacement. He stated that the clubhouse could be retained but improved with face lift items. He further stated that considering all preliminary expense estimates that the golf course is capable of covering its day -to -day on site expenses, but is not capable of covering the direct cost of any large -scale capital reduction (debt service). He stated that it is likely to operate with a continued need for City subsidies to cover any capital costs associated with acquisition upgrade and re- opening. He stated that they provided for recommendation three (3) "As -Is" upgrade programs with estimates of $5.2 for premium, $3.8 for above average, and $2.6 for serviceable. Additionally, he stated that the irrigation system is the highest costs in each program as it keeps the turf in healthy condition and is critical to the property to date. City Council Regular Meeting Minutes April 23, 2015 Page 4 of 20 During further discussion, Mr. Singer stated for consideration purposes that there was a general decline in the overall demand for golf in this local market and the immediate local Baytown area did not show characteristics for high golf participation. He also stated that the history of the participants of the evergreen golf course were from across the Fred Hartman Bridge and not really service the Baytown residents. He stated that they recommended the following for the golf course: to proceed only if direct acquisition expense cold be held to minimum leaving capital for upgrades and renovation; upon acquisition, operate the golf course through Parks & Recreation with Pirates Bay Water Park model so as to maximize community use; take an above - average market placement, targeting both locals and destination golfers; operate with "municipal oriented" programs such as programs with discounts for City residents, beginner programs, leagues, tournaments, outings, and a strong junior program, etc., in which, along with existing customers will help stimulate less - traditional segments to participate in golf; and make an extensive marketing plan with focus on electronic marketing (website, email, social media, smartphone, etc.). Mr. Singer stated that they provided a preliminary financial analysis which estimated 29,000 to 38,000 rounds of golf to be played in the 2016 -2020 period and that the City must adopt a program so playing fees (green fees, cats, prepaid, etc.) are increased regularly to keep up with inflation. He stated that the City should expect the golf maintenance budget to be about $1.1 million for operation and projects facility revenue in the range of $1.3 to $1.5 million between the years of 2016 -2020. He further stated that the golf course could cover its day -to -day on -site expenses, but probably will not be able to cover large -scale capital cost to acquire and renovate the property. Mr. Singer stated that they considered alternatives to include freeing up some property to allow adjacent development with the idea that the changes would help offset some of the costs. He stated that the change will require construction of seven (7) to twelve (12) new golf holes, but without changes to the basic flow and structure of the property. He stated that this would require more property so the estimated upgrades would be around $8 million. He further stated that anytime adjusting this property is considered, they recommend expanding the practice and the golf learning amenities. During further discussion, Mayor DonCarlos inquired as to who would manage the facility. Mr. Singer stated that they recommended hiring a PGA or golf professional to run the facility as an onsite manager and maybe have some assistant golf professional to assist with the day -to -day operations. Mayor DonCarlos inquired of Mr. Singer if the figures that were submitted included the expansion of the kitchen/dining area for future meetings and if their report included the possibility of expanding the dining area. Mr. Singer stated that their figures did not include an expansion of the clubhouse as part of their review, but that they did look at opportunities for expansion in which the footprint is there for expansion on a smaller scale. Mayor DonCarlos inquired if a residential area surrounding a golf course tends to help maintain the traffic flow of the course and if golfers tend to live near the golf course. Mr. Singer stated that years ago about fifty percent of the participation on the course was from the golf community and currently the participation is about twenty to twenty -five percent. Mayor DonCarlos further stated that he recommended having this course as a first class facility. City Council Regular Meeting Minutes April 23, 2015 Page 5 of 20 Council Member Presley requested a definition of minimal as it relates to NGF's recommendation that the acquisiton expense be minimal and inquired if NGF considered $4 to $5 million minimal for a golf course property with regards to acquisition. In response to Council Member Presley's inquiry, Mr. Singer stated that $4 to $5 million may be a little high and that in their report regarding this type of project they provided a preliminary figure of about $2.5 million based on calculated earnings. Council Member Sain inquired as to what would be reasonable green fees in regards to this project. Mr. Singer stated that their recommended green fees for this project were under the $50 threshold but with flexibility. Council Member Hoskins inquired if it would be advantageous to add another nine (9) hole field somewhere. Mr. Singer stated that an advantage to adding a nine (9) hole would be that it would have the excess demand capacity, but stated that this project is not quite ready for that addition just yet. Mr. Singer also stated that it would be an advantage because if this location has tournaments and outings it would facilitate those events and still allow community residents the opportunity to play on a regular basis, as well as, be used as an educational tool. b. Discuss the redevelopment of the Evergreen Point Golf Course. Mike Fiuzat, Matt Wells and Matt Stoops all registered to speak before the public hearing. Mr. Mike Fiuzat, President and CEO of Foothills Resources, stated that it appears according to some of the maps that it may be areas west of the golf course that could affect in or overlap where Foothills has oil and gas leases and substantial oil and gas infrastructure in its daily operations including wells, tank batteries and flow lines. He requested that as plans move forward with this project that they would have the opportunity to participate in the discussions. Acting City Manager Bottoms stated that during the previous agenda item, the consultant presented a proposed layout on the viability of the course, including the costs of refurbishing/reconfiguring the course and the costs for operating the course. He stated that the City has been working with the buyer of the golf course, as well as the current owner, to accommodate a new housing development and still provide for a municipal owned and operated golf course. He stated that the estimated cost of the proposed new layout of the golf course is $7.8 million and the land acquisition for the redevelopment is at around $4.7 million with a total cost estimated at around $12.5 million. He further stated that the funding source for this project would include a bond election to the voters and the sales tax dollars from the Municipal Development District (MDD) to pay the debt service, so that there is no tax implicated to the community. Mr. Matt Stoops stated that he works with the land planning firm, BGE Kerry Gilbert & Associates, and that one of the first projects that he worked on was the Evergreen Golf Course years ago. He stated that one of their typical features is to have the golf course work around the pods of homes that are developed which integrates the residential and the golf course into a single community. He further stated that their concept design for this project is to have the golf City Council Regular Meeting Minutes April 23, 2015 Page 6 of 20 course wrapped through the residential pods that are developed, as well as maintain the golf course in and around the evergreen fairways. Mayor DonCarlos inquired as to what happens within a project when there is production near developmental areas. In response to Mayor DonCarlos's inquiry, Mr. Stoops stated that they build in landscape buffers around the production site to screen them from view but while maintaining access to the facilities. Mr. Stoops further stated that they have various ways of working around wells on the property and with regards to pipelines found that it's most effective to route pedestrian trails that are independent to roadways through residential communities. Mr. Matt Wells stated that he was representing Texas Capital, the developer of the tracts. He stated that they purchased their first tracts of land that's included in this design back in 2012 because they believed in the economic development in Baytown. He stated that they are planning a mixed use master planned community under one brand with one look and uniformed signage for this project. The consensus of the council members was that they were in favor of moving forward with this project and bringing it before the voters. During further discussion, Mayor DonCarlos stated that there were three (3) different earnest money contracts associated with this project with the one related to agenda item 3.d. being with Hazelwood. He further requested an explanation of the other two (2). Acting City Manager Bottoms stated that in order to move the project further, the city would have to purchase additional property, therefore the contracts are for the purchase of the 198 acres of property which is west of the current golf course from PS II Management, the purchase of property from the Wells for the property that they're purchasing from the Hazelwoods, and for the purchase of the 25 acres of property along evergreen that the Hazelwoods own that's not part of the agreement between them and the Wells. During further discussion, Mayor DonCarlos inquired of Mr. Fiuzat if he had any environmental concerns related to his operations that would be impacted by this project. Mr. Fiuzat state that he wasn't aware of any environment issues that would impact this project, but requested that they be included in the conversation in which they haven't been up to this point. He stated that although he appreciates that the development can work around the infrastructure, there are accessibility issues as well as the everyday traffic regarding the day -to -day operations which is a caution for safety purposes. Council Member McCartney requested of Mr. Wells, if there's an assurance that if a problem arises that the project could still move forward. Mr. Wells stated that all parties involved have plans to work together to make this project happen. He further stated that although the current plan is the general concept, it will change with the overall goal to improve the south side of Baytown. C. Consider an ordinance authorizing an earnest money contract with PS II Management, LLC, for the purchase of approximately 198 acres off of Evergreen Road, out of Tracts 411 and 4T, Abstract 65 of the William Scott Survey, Harris County, Texas. City Council Regular Meeting Minutes April 23, 2015 Page 7 of 20 d. Consider an ordinance authorizing an earnest money contract with Hazelwood Enterprises, Incorporated„ for the purchase of approximately 25 acres off of Evergreen Road, out of Tracts 4I, Abstract 65 of the William Scott Survey, Harris County, Texas. e. Consider an ordinance authorizing an earnest money contract with Wells Holdings, Inc., for the purchase of approximately 124 acres off of Evergreen Road, out of Tracts 4G and 411, Abstract 65 of the William Scott Survey, Harris County, Texas. Acting City Manager Bottoms stated that agenda items 3.c., 3.d., and 3.e. are necessary for this project to move forward as previously discussed and City Attorney Ignacio Ramirez stated that all three items could be considered together. Mr. Ramirez further stated that all three (3) earnest money contracts are essentially the same in each case with the exception of different acres and prices. However, he stated that they are all contingent upon the city trying to purchase the properties necessary to build the golf course and /or reconfigure it. He further stated that the contingencies are based on the following: the approval from Council, the citizens approval at the bond election, the environmental, the city's inability to purchase the golf course as a whole, and if the city is able to purchase the other two properties for the project. Mr. Ramirez stated that the election will be on November 3rd and a closing set for November 18th or within seven days after any objections with a drop date of December 31st. Council Member Presley stated that the consultants recommended acquisition price was $2.5 to $3 million and the city's acquisition cost is $4.7 and requested an explanation of the discrepancy. He also inquired if the City's cost was the same as Mr. Wells cost on a per acre basis as conveyed from Acting City Manager Bottoms. In response to Council Member Presley's question regarding the city having the same costs as Mr. Wells, Acting City Manager Bottoms stated that to his understanding the City's cost and Mr. Wells costs were the same. In response to the descrepancy inquiry, Mayor DonCarlos stated that the $2.5 million was for purchasing the golf course only and the $4.7 million included the extra tracts of property which was also confirmed for clarity by Mr. Singer. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Chris Presley approving Ordinance No. 12,834. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved City Council Regular Meeting Minutes April 23, 2015 Page 8 of 20 ORDINANCE NO. 12,834 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 AN EARNEST MONEY AGREEMENT WITH PS II MANAGEMENT, LLC, FOR THE PURCHASE OF APPROXIMATELY 198 ACRES OFF OF EVERGREEN ROAD, OUT OF TRACTS 4R AND 4T, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED EIGHTY -THREE THOUSAND AND NO /100 DOLLARS ($1,683,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,835 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 AN EARNEST MONEY AGREEMENT WITH HAZELWOOD ENTERPRISES, INCORPORATED, FOR THE PURCHASE OF APPROXIMATELY 25 ACRES OFF OF EVERGREEN ROAD, OUT OF TRACT 41, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY -SIX THOUSAND THREE HUNDRED TWENTY AND NO 1100 DOLLARS ($276,320.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,836 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 AN EARNEST MONEY AGREEMENT WITH TEXAS CAPITAL DEVELOPMENT CORPORATION, INC., FOR THE PURCHASE OF APPROXIMATELY 124 ACRES OFF OF EVERGREEN ROAD, OUT OF TRACTS 4G AND 4H, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED TWO MILLION SEVEN HUNDRED TWENTY -EIGHT THOUSAND AND NO /100 DOLLARS ($2,728,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 23, 2015 Page 9 of 20 f. Consider a resolution expressing the City Council's intent to can a bond election for the purchase of property for a golf course and related amenities together with the construction, reconfiguration and/or renovation of the same no earlier than 90 days prior to the November 3rd municipal election. Ms. Kelly Haas registered to speak before the public hearing. She stated that she's a resident of Evergreen Fairways and asked that during the negotiations and purchase of land that the City place a deed restriction that the property would be used as a golf course and/or a green space to guarantee that the unique integrity and environment of their neighborhood that is currently there remains. She further stated that the home owners filed a lawsuit, but if there's a written guarantee in the deed or some sort of preservation that the area around their neighborhood is going to be a green space than the lawsuit would be dropped. Mayor DonCarlos inquired for clarity that once the land is acquired that it would be dedicated as a park. Acting City Manager Bottoms stated for clarity that the land would be dedicated as a park. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Chris Presley approving Resolution No. 2350. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING TO CALL A BOND ELECTION FOR THE PURCHASE OF PROPERTY FOR A GOLF COURSE AND RELATED AMENITIES TOGETHER WITH THE CONSTRUCTION, RECONFIGURATION AND /OR RENOVATION OF THE SAME NO EARLIER THAN NINETY (90) DAYS PRIOR TO THE NOVEMBER 3' MUNICIPAL ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 23, 2015 Page 10 of 20 4. REZONING OF APPROXIMATELY 209 ACRES OF LAND FROM OPEN SPACE/RECREATION (OR) TO MIXED RESIDENTIAL AT LOW TO MEDIUM a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 209 acres, located at 1530 Evergreen Road and legally described as tracts 4A, 4G, and 4H, William Scott Survey, Abstract No. 65, Harris County, Texas, more commonly known as Evergreen Point Golf Club from an Open Space/Recreation (OR) District to a Mixed Residential at Low to Medium Densities (SF2) District. At 8:59 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 209 acres, located at 1530 Evergreen Road and legally described as tracts 4A, 4G, and 4H, William Scott Survey, Abstract No. 65, Harris County, Texas, more commonly known as Evergreen Point Golf Club from an Open Space/Recreation (OR) District to a Mixed Residential at Low to Medium Densities (SF2) District. Director of Planning and Development, Tiffany Foster stated that this item is the public hearing to rezone the 209 acres of the existing golf course from open space recreational to single family 2 which allows for residential housing as well as a golf course. She stated that the Planning and Zoning Commission voted to recommend approval to City Council to amend the zoning district designation from OR to SF2. Cathy Kemper, Robert Pelle, John Hellums, Tim Hazelwood, Steve Rech, and Kay Hazelwood all registered to speak before the public hearing. Ms. Cathy Kemper passed on speaking before the public hearing. Mr. Robert Pelle stated that he's a resident of Evergreen Fairways and that he still has concerns about the uncertainties. He stated that he recommended that any new development adjacent to the golf course be protected either through deed restrictions or zoning. He stated that the golf course should be rezoned as open space recreational which protects the site and all of the property values on both sides of the golf course. He stated that there are not enough answers to make a decision whether to rezone to S172 and recommended to table this item until there's more information. Mr. John Hellums stated that he's a resident of Evergreen Fairways and also a board member of the Evergreen Fairways Homeowners Association. He stated that he supports the decision to keep the golf course open. Mr. Tim Hazelwood stated that Hazelwood Enterprises Inc., (HEI) have tried to keep the facility going, but it has become too much of a burden to continue to operate, therefore they support the rezoning of the property to S172 in order to move forward with the project. Mr. Steve Rech and Ms. Kay Hazelwood both passed on the opportunity to speak. City Council Regular Meeting Minutes April 23, 2015 Page 11 of 20 At 9:09 P.M., Mayor DonCarlos closed the public hearing. b. Consider an ordinance regarding a proposed amendment to the official zoning map to rezone approximately 209 acres, located at 1530 Evergreen Road and legally described as tracts 4A, 4G, and 411, William Scott Survey, Abstract No. 65, Harris County, Texas, more commonly known as Evergreen Point Golf Club from an Open Space/Recreation (OR) District to a Mixed Residential at Low to Medium Densities (SF2) District. Mayor DonCarlos stated that there's been a considerable amount of work done to answer the concerns of the Evergreen residents on this matter, particularly in regards to the earnest money contracts which means that nothing happens on this property until the public votes to spend the money to maintain and keep the golf course in place. He stated that he supports the rezoning of the property to allow for the project to move forward. Additionally, Mayor DonCarlos stated that although this is a lot of money for the project, there's a solid financial plan where the project can move forward without a tax increase, therefore this will not be an additional burden to the residents at all. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,837. The vote was made by a show of raising their right hands as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem. Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 209 ACRES, LOCATED AT 1530 EVERGREEN ROAD AND LEGALLY DESCRIBED AS TRACTS 4A, 4G, AND 4H, WILLIAM SCOTT SURVEY, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS EVERGREEN POINT GOLF CLUB FROM AN OPEN SPACE/RECREATION (OR) DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 23, 2015 Page 12 of 20 5. PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract for the 2007 Street Bond Program - Year 6, to Angel Brothers Enterprises, Ltd. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney approving Ordinance No. 12,838. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Robert C. Hoskins (Abstain), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE 2007 STREET BOND PROGRAM, YEAR 6 IN AN AMOUNT NOT TO EXCEED FOUR MILLION ONE HUNDRED TWENTY -NINE THOUSAND THIRTY -ONE AND NO /100 DOLLARS ($4,129,031.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Public Highway At -Grade Crossing Improvement Agreement with Union Pacific Railroad Company for the relocation and upgrade of the warning equipment at the existing North Main and Lobit Street crossing. Acting City Manager Bottoms presented the agenda item and stated that Ordinance No. 12,839 authorizes the Public Highway At -Grade Crossing Improvement Agreement with Union Pacific Railroad Company ( "UPRR ") for the improvements at the existing North Main and Lobit Street crossing to get the credits necessary from safety perspective to establish the quiet zone. He stated that the estimated cost due to UPRR under this agreement is $225,000 and there will be additional costs on the City's end. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney approving Ordinance No. 12,839. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley City Council Regular Meeting Minutes April 23, 2015 Page 13 of 20 Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,839 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 PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR THE RELOCATION AND UPGRADE OF THE WARNING EQUIPMENT AT THE EXISTING NORTH MAIN AND LOBIT STREET CROSSING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY -FIVE THOUSAND TWO HUNDRED FIFTY -NINE AND NO /100 DOLLARS ($225,259.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider a resolution suspending CenterPoint Energy's proposed effective date related to its Statement of Intent to increase rates filed on or about March 27, 2015, and authorizing participation in Texas Coast Utilities Coalition, a coalition of similarly situated municipalities represented by the law firm of Herrera & Boyle, PLLC. Assistant Attorney, Karen Horner stated that the City received the statement of intent to increase rates on March 27, 2015, and that the City have the options to take no action and on May 01, 2015, CenterPoint's proposed rates go into effect; deny CenterPoint's proposed increase in rates; or suspend CenterPoint's proposed effective date for 90 days to allow for review of CenterPoint's proposed increase through exercise of the City's original jurisdiction over CenterPoint's rates, services, and operations within the City. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Chris Presley approving Resolution No. 2351 to suspend the rates for 90 days. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tent Chris Presley Nays: None City Council Regular Meeting Minutes April 23, 2015 Page 14 of 20 Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved IRcIY9]911YII Is] ►M161 WAbiI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUSPENDING THE EFFECTIVE DATE FOR NINETY (90) DAYS IN CONNECTION WITH THE STATEMENT OF INTENT FILED BY CENTERPOINT ENERGY RESOURCES CORP., DB /A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS — TEXAS COAST DIVISION ON OR ABOUT MARCH 27, 2015; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending March 31, 2015. Finance Director, Louise Richman presented the agenda item and stated that the sales tax for the first six (6) months were 18% ahead of last year, as well as, doing 6% better than budgeted. She stated with regards to the revenues that the property tax, general funds, and the debt service funds are approximately $1.3 million higher than the same period last year. She stated that the water and sewer fund is at 52% of budget and that the aquatics numbers will begin in May. She farther stated that the expenditures were tracking according to budget. Additionally, Ms. Richman stated that the portfolio was just under $144 million with a yield of .1863 %. 8. CONSENT A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member David McCartney approving the consent agenda items 8.a. through 81. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None City Council Regular Meeting Minutes April 23, 2015 Page 15 of 20 Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Home Depot U.S.A., Inc. ORDINANCE NO. 12,840 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 HOME DEPOT U.S.A., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Industrial District Agreement with JSW Steel (USA) Inc. ORDINANCE NO. 12,841 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 JSW STEEL (USA) INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the renewal of the Annual Concrete Raising Services Contract to Superior Grouting Services, Inc. ORDINANCE NO. 12,842 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE RAISING CONTRACT WITH SUPERIOR GROUTING SERVICES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED SIXTY THOUSAND AND NO /100 DOLLARS ($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual No -Lead Brass Fittings Contract to ACT Pipe and Supply, Inc. City Council Regular Meeting Minutes April 23, 2015 Page 16 of 20 ORDINANCE NO. 12,843 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL NO -LEAD BRASS FITTINGS CONTRACT WITH ACT PIPE AND SUPPLY, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETY -FOUR THOUSAND ONE HUNDRED FIVE AND 20/100 DOLLARS ($94,105.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the renewal of the Annual Wood Grinding and Material Handling Services Contract with Novus Wood Group, L.P. ORDINANCE NO. 12,844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT WITH NOVUS WOOD GROUP, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWENTY -THREE THOUSAND TWO HUNDRED FIVE AND NO /100 DOLLARS ($223,205.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the closeout, final payment and release of retainage for the Emmett Hutto Signal Improvements Project. ORDINANCE NO. 12,845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE EMMETT HUTTO SIGNAL IMPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY - NINE THOUSAND EIGHT HUNDRED EIGHTY -EIGHT AND 40/100 DOLLARS ($69,888.40) TO SOUTHWEST SIGNAL SUPPLY, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a proposed ordinance granting a pipeline permit to Exxon Mobil Corporation. City Council Regular Meeting Minutes April 23, 2015 Page 17 of 20 ORDINANCE NO. 12,846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO EXXON MOBIL CORPORATION TO INSTALL ONE NEW TWELVE -INCH PIPELINE IN AN EXISTING PIPELINE COORIDOR; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance approving expenditure through the Texas Local Government Purchasing Cooperative (Buyboard) with Progressive Commercial Aquatics, Inc., to purchase and install the Town Square Fountain. ORDINANCE NO. 12,847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY -EIGHT THOUSAND FORTY -FIVE AND NO 1100 DOLLARS ($438,045.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) FOR THE PURCHASE AND INSTALLATION OF THE TOWN SQUARE FOUNTAIN MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving a budget amendment to the Baytown Crime Control and Prevention District's Fiscal Year 2014 -2015 Budget for expenditures related to election services for the Baytown Crime Control and Prevention District's continuation election to be held on Tuesday, November 03, 2015. ORDINANCE NO. 12,848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING BUDGET AMENDMENTS TO THE FISCAL YEAR 2014 -15 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance approving the reprogramming of funds contained in the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2014 -2015 Budget for (1) expenditures related to election services for the Baytown Fire Control, Prevention, and Emergency Medical Services District's continuation election to be held on Tuesday, November 03, 2015, and (2) for the purchase of one (1) 2015 Chevrolet C3500 Diesel Chassis with a Frazer Type 112' Box. City Council Regular Meeting Minutes April 23, 2015 Page 18 of 20 ORDINANCE NO. 12,849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2014 -15 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet C3500 6.6 -liter Diesel Chassis and Frazer Type 1 12' Generator Powered Module through the Houston - Galveston Area Council for the Baytown Fire Department. ORDINANCE NO. 12,850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY - NINE THOUSAND SEVENTY -FIVE AND NO 1100 DOLLARS ($139,075.00) TO KNAPP CHEVROLET, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 2015 CHEVROLET C3500 6.6- LITER DIESEL CHASSIS AND FRAZER TYPE 1 12' GENERATOR POWERED MODULE FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT a. Pirates Bay Water Park opens for its sixth season on Saturday, May 2 "d. The water park will be open weekends in May including Memorial Day. Daily operations begin Saturday, June 6`h from 10:00 A.M. to 7:00 P.M. Acting City Manager Bottoms presented the agenda item and stated that the Pirates Bay Water Park opens for its sixth season on Saturday, May 2 "d. He stated that the water park will be open weekends in May including Memorial Day and begin its daily operations Saturday, June 6`h. b. The City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 24, 2015, at the Eddie V. Gray Wetlands Education and Recreation Center from 9:00 A.M. to 4:00 P.M. Acting City Manager Bottoms stated that the City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 24, 2015. The event will begin at 9:00 A.M. to 4:00 P.M. at the Eddie Gray Wetlands Center located at 1724 Market Street. City Council Regular Meeting Minutes April 23, 2015 Page 19 of 20 C. The 34th Annual Baytown Special Olympics Track Meet will be held on Saturday, April 25, 2015, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road, Baytown, Texas. Acting City Manager Bottoms stated that the 34th Annual Baytown Special Olympics Track Meet will be held on Saturday, April 25th, at the Goose Creek Memorial Stadium, located at 6001 East Wallisville Road. Opening Ceremonies will begin at 9:30 A.M 10. 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 a Chapter 380 Economic Development Agreement and land use issues. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.072 to deliberate the potential purchase of real property for an economic development project. At 9:25 P.M., Mayor DonCarlos 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 matters concerning a Chapter 380 Economic Development Agreement and land use issues and pursuant to Texas Government Code, Section 551.072 to deliberate the potential purchase of real property for an economic development project. At 9:52 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. 11. MOTIONS a. Consider approving Dereck Todd, Rick Davis, Ron Bottoms, Susan Guthrie and Vince Capell as the five (5) finalists for the position of City Manager. Mayor DonCarlos stated that Dereck Todd was removed from this item as he was hired at another city; therefore the motion would be to approve Ron Bottoms, Rick Davis, Susan Guthrie and Vince Capell as the four (4) finalists for the position of City Manager. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the names of the four finalists for the position of City Manager: Ron Bottoms, Rick Davis, Susan Guthrie, and Vince Capell. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tern Chris Presley City Council Regular Meeting Minutes April 23, 2015 Page 20 of 20 Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved 12. ADJOURN A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern. Chris Presley adjourning the April 23, 2015, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjoumcd the April 23, 2015, City Council Regular Meeting at 9:52 P.M. Leticia Brysch, City City of Baytown W `r y