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2015 08 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 13, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 13, 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 Council Member David McCartney Council Member Chris Presley Council Member Mercedes Renteria Council Member Terry Sain Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the August 13, 2015, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Hoskins who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on July 09, 2015. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving the July 09, 2015, City Council Regular Meeting minutes as corrected. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) City Council Regular Meeting Minutes August 13, 2015 Page 2 of 17 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Board, will present the 2015 Parks and Recreation Annual Report. Mr. Scott Johnson presented the report and stated that they've completed a major project of replacing the electrical lighting at the sports complex. Additionally, he stated that Pirates Bay and Calypso Cove are on the pace of servicing approximately 200,000 participants this year. b. Present the Award of Achievement for achieving a Class 2 ISO rating by the State Fire Marshal's Office for providing exemplary fire protection services to the community. Fire Chief Shon Blake presented the agenda item and stated that the City of Baytown was among a select few cities to achieve a Class 2 rating in Texas, which is one of the highest Public Protection Classification (PPC) ratings awarded by the Insurance Service Office and approved by the Texas Department of Insurance. Additionally, he stated that the award was presented to the City of Baytown Fire Department in official recognition of outstanding dedication in providing exemplary fire protection services to the community and recognizes the cooperative efforts between the various city departments. 3. SPECIAL DISTRICT BUDGET HEARINGS a. Conduct a public hearing on the Baytown Crime Control and Prevention District Fiscal Year 2015 -2016 Budget. At 6:45 P.M., Mayor DonCarlos opened and conducted a public hearing on the Baytown Crime Control and Prevention District Fiscal Year 2015- 2016 Budget. Ms. Louise Richman summarized the CCPD Fiscal Year 2015 -16 Budget and stated that the revenues totaled $1,567,319, the expenditures totaled $1,829,843, and the fund balance was $56,557. With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed the public hearing at 6:47 P.M. b. Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2015 -2016 Budget. At 6:47 P.M., Mayor DonCarlos opened and conducted a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2015 -2016 Budget. Ms. Richman stated that the FCPEMSD Fiscal Year 2015 -2016 Budget included revenues of $1,621,306, expenditures of $1,870,306, and a fund balance of $482,138. City Council Regular Meeting Minutes August 13, 2015 Page 3 of 17 With there being no one registered to speak regarding agenda item 3.b., Mayor DonCarlos closed the public hearing at 6:48 P.M 4. PROPOSED AMENDMENTS TO THE REINVESTMENT ZONE NO. ONE, CITY OF BAYTOWN, TEXAS a. Conduct a public hearing regarding the proposed amendment of the approved project plan and reinvestment zone financing plan for Reinvestment Zone Number One, City of Baytown, Texas, resulting in an increase in geographic area and project costs of the Zone. At 6:48 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the proposed amendment of the approved project plan and reinvestment zone financing plan for Reinvestment Zone Number One, City of Baytown, Texas, resulting in an increase in geographic area and project costs of the Zone. Deputy City Manager Bottoms stated that the area regarding this agenda item is 79 acres land located next to the 911 center off of Wallisville Road for the development of a 300 home subdivision. He stated that the owner of this property is in the process of purchasing other properties and requested to be included in the TIRZ in order to make his subdivision competitive. He stated that the Redevelopment Authority and the TIRZ Board approved this request. Mayor DonCarlos inquired if staff was comfortable that this residential development will fit under a reinvestment zone and if conditions could be included for surety purposes. Deputy City Manager Bottoms stated that the Eastpoint subdivision is already currently in the TIRZ and that the TIRZ attorney did look at this request. In an effort to address some of the council member's concerns regarding conditions being included for guarantee purposes, Mr. Jeff Strother, the developer stated that the price point leading into the subdivision will initially be around the $230,000 to $270,000 range. City Manager Davis stated that if council approves this item, there will still be opportunities to work with the developer and staff to make sure that it is what council wants. At 7:10 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 4.a., b. Consider an ordinance adding property to Reinvestment Zone Number One, City of Baytown, Texas (the "Zone "), and approving an amendment to the Project Plan and Reinvestment Zone Financing Plan of the Zone. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Brandon Capetillo approving Ordinance No. 12,918. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes August 13, 2015 Page 4 of 17 Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, INCLUDING LAND WITHIN REINVESTMENT ZONE NO. ONE, CITY OF BAYTOWN, TEXAS; APPROVING AN AMENDMENT TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN OF THE ZONE; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CITY OF BAYTOWN BOND ELECTION a. Consider an ordinance authorizing the First Amendment to the Earnest Money Contract 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. Mayor DonCarlos stated that agenda item 5.a. was not ready; therefore with there being no discussion this agenda item was not considered. b. Consider an ordinance ordering a City of Baytown Special Election to be held on November 03, 2015, for the purpose of voting for or against the issuance of general obligation bonds for the purchase of property for a public golf course and related amenities together with the construction, reconfiguration and/or renovation of the same. Ms. Richman presented the agenda item and stated that Ordinance No. 12,919 orders a City of Baytown Special Election to be held on November 03, 2015, for the purpose of voting for or against Proposition No. 24: The Issuance of $12,500,000 Bonds for the purchase of property for a golf course. Mayor DonCarlos inquired for clarity that no tax increase would be associated with this. In response to the Mayor DonCarlos's inquiry, Ms. Richman confirmed and stated that no tax increase would be associated with this. Mr. Calvin Mundinger registered to speak regarding agenda item 5.b. but did not do so. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,919. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes August 13, 2015 Page 5 of 17 Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,919 AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN, TEXAS ORDERING A BOND ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2015, WITHIN THE CITY; MAKING PROVISION FOR THE CONDUCT AND THE GIVING OF NOTICE OF SAID ELECTION; CONTAINING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED ORDINANCES Mayor DonCarlos stated that agenda items 6.a. and 6.b. would be considered together. a. Consider an ordinance for the second and final reading of the voluntary annexation of approximately 67.27 acres of land located approximately 1200 feet east of N. Main Street on the south side of E. Wallisville Road, consisting of Lot 1, Block 1, City of Baytown 911 Communications Center Minor Plat and approximately 17.21 acres being the residual of Tract 8A in the George Ellis Survey, Abstract 21, Harris County, Texas. b. Consider an ordinance placing the newly annexed property generally described as approximately 67.27 acres of land 1200 feet east of N. Main Street on the south side of E. Wallisville Road, into Council District No. 4. Ms. Tiffany Foster presented the agenda items and stated that agenda item 6.a. is the second and final reading of the proposed voluntary annexation of approximately 67.27 acres of land located approximately 1200 feet east of N. Main Street on the south side of E. Wallisville Road. She further stated that agenda item 6.b. places this land in District 4. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,892 and Ordinance No. 12,920. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,892 City Council Regular Meeting Minutes August 13, 2015 Page 6 of 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 67.27 ACRES OF LAND LOCATED APPROXIMATELY 1200 FEET EAST OF N. MAIN STREET ON THE SOUTH SIDE OF E. WALLISVILLE ROAD, CONSISTING OF LOT 1, BLOCK 1, CITY OF BAYTOWN 911 COMMUNICATIONS CENTER MINOR PLAT AND APPROXIMATELY 17.21 ACRES BEING THE RESIDUAL OF TRACT 8A IN THE GEORGE ELLIS SURVEY, ABSTRACT 21, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 12,920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 67.27 ACRES OF LAND LOCATED APPROXIMATELY 1200 FEET EAST OF N. MAIN STREET ON THE SOUTH SIDE OF E. WALLISVILLE ROAD, LOT 1, BLOCK 1, CITY OF BAYTOWN 911 COMMUNICATIONS CENTER MINOR PLAT AND APPROXIMATELY 17.21 ACRES BEING THE RESIDUAL OF TRACT 8A IN THE GEORGE ELLIS SURVEY, ABSTRACT 21, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Agenda items 6.c. and 6.d. were considered together. C. Consider an ordinance for the second and final reading of the proposed annexation of approximately 18.75 acres of land located along Old Cedar Bayou, approximately 2.3 miles upstream of I -10 and terminating 1.5 miles upstream of Farm to Market Road 1942, Harris County, Texas. d. Consider an ordinance placing the newly annexed property generally described as approximately 18.75 acres of land located along Old Cedar Bayou, into Council District No. 5. Ms. Foster presented agenda items 6.c. and 6.d. together and stated that agenda item 6.a. is the second and final reading of the proposed annexation of approximately 18.75 acres of land located along Old Cedar Bayou, approximately 2.3 miles upstream of I -10 and terminating 1.5 miles upstream of Farm to Market Road 1942, Harris County, Texas. Additionally, she stated that agenda item 6.d. places this land in District 5. City Council Regular Meeting Minutes August 13, 2015 Page 7 of 17 Mayor DonCarlos stated that he abstained from the vote regarding agenda items 6.c. and 6.d. because he is on the Board of the Houston Port Authority. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,893 and Ordinance No. 12,921. The vote was as follows: Ayes: Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Abstain), Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 18.75 ACRES OF LAND LOCATED IN OLD CEDAR BAYOU, APPROXIMATELY 2.3 MILES UPSTREAM OF I -10 AND TERMINATING 1.5 MILES UPSTREAM OF FARM TO MARKET ROAD 1942, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 12,921 AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 18.75 ACRES OF LAND LOCATED ALONG OLD CEDAR BAYOU, APPROXIMATELY 2.3 MILES UPSTREAM OF I -10 AND TERMINATING 1.5 MILES UPSTREAM OF FARM TO MARKET ROAD 1942, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. e. Consider an ordinance expanding Industrial District No. 2 by designating certain areas located adjacent to such district and within the City's extraterritorial jurisdiction as part of such industrial district. City Council Regular Meeting Minutes August 13, 2015 Page 8 of 17 Ms. Richman presented the agenda item and stated that Ordinance No. 12,922 expands Industrial District No. 2 by designating certain areas located adjacent to such district and within the City's extraterritorial jurisdiction as part of such industrial district in order to offer the same benefits to industries developing or considering developing in such area. Additionally, she stated that 43% of the general fund revenue comes from the industrial development agreement which is critical to revenues and development in the city. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tem Brandon Capetillo approving Ordinance No. 12,922. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING A PART OF THE AREA LOCATED WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL JURISDICTION BE INCLUDED AS PART OF BAYTOWN INDUSTRIAL DISTRICT NO. 2; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance for the first reading of a proposed annexation of approximately 21.82 acres approximately 1200 feet west of Garth Road on the north side of the Santavy Street right -of -way and legally described as land in Washington County Railroad Company (W.C.R.R.) Survey Number 1, Abstract No. 899, being part of and out of Block 20, Highland Farms, Harris County, Texas. Ms. Foster presented the agenda item and stated that this is the first reading regarding a proposed voluntary annexation of approximately 21.82 acres located west of Garth Road known as the new market place. She stated that this development is for a proposed multi - family development. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Terry Sain approving Ordinance N0. 12,923. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes August 13, 2015 Page 9 of 17 Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 21.82 ACRES APPROXIMATELY 1200 FEET WEST OF GARTH ROAD ON THE NORTH SIDE OF THE SANTAVY STREET RIGHT -OF -WAY AND LEGALLY DESCRIBED AS LAND IN WASHINGTON COUNTY RAILROAD COMPANY (W.C.R.R.) SURVEY NUMBER 1, ABSTRACT NO. 899, BEING PART OF AND OUT OF BLOCK 20, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. g. Consider an ordinance authorizing the closure of sections of Ferry Road near its intersections with State Highway 146. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 12,924 authorizes the closures of sections of Ferry Road near its intersections with State Highway 146. He stated that a citizen petition was submitted on behalf of the neighbors along Ferry Road requesting that Ferry Road be closed for safety concerns at the north end near its intersection with State Highway 146. He stated that this location has become an alternate route to bypass the lighted intersection of Alexander Drive and State Highway 146 and that these problems may be alleviated with the proposed closure. Additionally, he stated that in accordance with section 94 -63 of the Baytown Code of Ordinances, the Planning and Zoning Commission heard and endorsed this request during its meeting on July 21, 2015. During further discussion, there was an inquiry as to whether a study was done. Council Member Sain stated that a study was done and Texas Department of Transportation (TxDOT) gave their approval on the request. Mr. Pastrana stated that they asked for permission from TxDOT for this request and they had no objections. Mr. Alan Hudgins registered to speak before council regarding agenda item 6.g. He stated that although the residents are appreciative of the plans to close the one lane at the end of Ferry Road, he request that the U -turn near the end of Ferry Road remain open as an alternate emergency vehicle access point. During further discussion, there was an inquiry regarding the City's reasoning for closing the U- turn. Mr. Pastrana stated that the reason for the closing the road was to avoid traffic entrance, therefore, if the someone enters there's no way out except through the U -turn in which heads in the wrong direction. City Council Regular Meeting Minutes August 13, 2015 Page 10 of 17 A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,924, with clarity of closing the main entrance, as well as, closing one lane of the U -turn but leaving the U -turn open. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CLOSURE OF SECTIONS OF FERRY ROAD NEAR ITS INTERSECTIONS WITH STATE HIGHWAY 146; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance awarding a contract to Huffman Contractors, LLC, for the removal and disposal of derelict pilings in Tabbs Bay and the removal and disposal of debris in Goose Creek. Mr. Scott Johnson presented the agenda item and stated that Ordinance No. 12,025 awards a contract to Huffman Contractors, LLC, for the removal and disposal of derelict pilings in Tabbs Bay and the removal and disposal of debris in Goose Creek in the amount of $185,905.00. He stated that the bid included a base bid for the removal and disposal of 685 pilings, which includes mobilization and demobilization, as well as, an alternate for the cost of removal and disposal per piling after 685, thus allowing the City to adjust the contract in order to use the full grant amount from the Texas General Land Office — Coastal Coordination Council Cycle 19 grant. He stated that they will be able to remove up to 1,211 piles and estimates having 900 to 1,000 piles left. He further stated that the project also included a $20,000 allowance for the removal of debris from Goose Creek and that Hufftnan Contractors, LLC, provided a cost per each breakdown for the removal of debris such as tires, buckets, shopping carts etc. Additionally, he stated that a total of 1,273 abandoned and derelict piles have been removed from Tabbs Bay since October 2012. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney approving Ordinance No. 12,025. The vote was as follows: City Council Regular Meeting Minutes August 13, 2015 Page 11 of 17 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HUFFMAN CONTRACTORS, LLC, FOR THE REMOVAL AND DISPOSAL OF DERELICT PILINGS IN TABBS BAY AND THE REMOVAL AND DISPOSAL OF DEBRIS IN GOOSE CREEK; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH HUFFMAN CONTRACTORS, LLC, FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE HUNDRED EIGHTY -FIVE THOUSAND NINE HUNDRED FIVE AND NO 1100 DOLLARS ($185,905.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding a construction contract to LEM Construction Co., Inc., for the CDBG Non - Housing Central District Wastewater Treatment Plant Flood Improvement Project. Mr. Pastrana presented the agenda item and stated that Ordinance No. 12,926 awards a construction contract to LEM Construction Co., Inc. for the CDBG Non - Housing Central District Wastewater Treatment Plant Flood Improvement Project, in the amount of $20,381,675, and authorizes Change Order No. 1 in the amount of ($4,200,975.00). He stated that this change order reduces the contract amount to $16,180,700. He stated that the Texas General Land Office in Round 2.2 Community Development Block Grant Disaster Recovery Entitlement Grant Program (CDBG) is funding $15,564,000, and the City of Baytown will be responsible to fund anything over and above this amount for the duration of the project. Additionally, he stated that two bids were received and publicly opened on February 24, 2015, at 2:00 P.M. in the Council Chambers and LEM was the lowest responsible bidder. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tent Brandon Capetillo approving Ordinance No. 12,926. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes August 13, 2015 Page 12 of 17 Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 12,926 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 LEM CONSTRUCTION CO., INC., FOR THE CDBG NON - HOUSING CENTRAL DISTRICT WASTEWATER TREATMENT PLANT FLOOD IMPROVEMENTS PROJECT; AUTHORIZING CHANGE ORDER NO. 1 WITH LEM CONSTRUCTION CO., INC, FOR SAID PROJECT AUTHORIZING PAYMENT OF A SUM OF SIXTEEN MILLION ONE HUNDRED EIGHTY THOUSAND SEVEN HUNDRED AND NO /100 DOLLARS ($16,180,700.00); AUTHORIZING MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. PROPOSED RESOLUTIONS a. Consider a resolution canceling the City Council Regular Meeting scheduled for Thursday, September 24, 2015. City Manager Davis presented the agenda item and stated that Resolution No. 2373 cancels the City Council Regular Meeting scheduled for Thursday, September 24, 2015, due the most of the council members attending the TML Conference during September 22 - 25, 2015, in San Antonio, Texas. Additionally, he stated that a special meeting may have to be called to comply with State law and approve the new tax rate from the County. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Resolution No. 2373. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved RESOLUTION NO. 2373 City Council Regular Meeting Minutes August 13, 2015 Page 13 of 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELLING THE REGULAR MEETING SCHEDULED FOR SEPTEMBER 24, 201.5, AT 6:30 P.M.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MUNICIPAL BUDGET FY 2015 -16 a. Discuss and provide direction to City staff regarding the proposed City of Baytown 2015 -16 Fiscal Year Budget. City Manager Davis presented the agenda to discuss and provide direction to City staff regarding the proposed City of Baytown 2015 -16 Fiscal Year Budget. He stated that the only adjustment was the increase of $50,000 from $18,000 of programming for Texas Avenue Town Square. Council Member Presley stated that there was an ear mark of $40,000 for demolition in District 2 and inquired if there was flexibility to expand the scope of the demolition. City Manager Davis stated that there was flexibility for demolition. 9. a. Discuss developing an application process by which businesses along the currently closed portion of Texas Avenue can apply for a grant from the City to assist with their expenses during the reconstruction period. Mayor DonCarlos recommended that administration research and see if this application process is done in other cities and if so to bring back to council a proposed policy for possible action. City Manager Davis stated that this item will be brought back before council on August 27th. 10. REPORTS a. Receive a report regarding appointments to the Baytown Animal Control Advisory Sub - committee. Dr. Cynthia Lipps presented a report regarding appointments to the Baytown Animal Control Advisory Sub - committee and stated that the Animal Control Advisory Committee met in July following the council meeting that addressed citizens' concerns regarding the animal shelter operations. She stated that the advisory committee also met with city administration to discuss reviewing the policies and procedures of the shelter which resulted in the decision to form a sub- committee of up to five (5) members who will investigate, research, and make recommendations to the City of said policies and procedures. Dr. Lipps stated that the committee elected to select professional individuals who were from outside of the city and would show no bias in their decisions to serve on the sub - committee. She stated the members selected for City Council's approval were: Dr. Cynthia Lipps, a Veterinarian; Mr. Jan Lammers, an Architect; Ms. Zandra Anderson, an Attorney; Dr. Susan Pickles, a Veterinarian and Attorney; and Dr. Diane Platts, a City Council Regular Meeting Minutes August 13, 2015 Page 14 of 17 Veterinarian. She stated that the sub - committee would begin their duties and have their results within 45 days. 11. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items l La. through l Lf. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved a. Consider an ordinance authorizing an agreement with Ice Rink Events for the rent - to-own/purchase of an ice rink for Town Square. ORDINANCE NO. 12,927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH ICE RINK EVENTS FOR THE RENT- TO- OWN/PURCHASE OF AN ICE RINK FOR TOWN SQUARE CONGINTENT UPON FUNDING FROM THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY -FIVE THOUSAND ONE HUNDRED TWENTY -FIVE NO /100 ($225,125.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance accepting the Community Center Window Replacement Project and authorizing the release of retainage to JC Stonewall Constructors, LP. ORDINANCE NO. 12,928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE COMMUNITY CENTER WINDOW REPLACEMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -EIGHT THOUSAND EIGHT HUNDRED SEVENTY - NINE AND 06/100 DOLLARS ($28,879.06) TO JC STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 13, 2015 Page 15 of 17 C. Consider an ordinance authorizing a contract with Trafficware Group, Inc., for the purchase of hardware and software for an adaptive traffic signal control system. ORDINANCE NO. 12,929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONTRACT WITH TRAFFICWARE GROUP, INC., FOR THE PURCHASE OF EQUIPMENT AND SOFTWARE FOR AN ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINE HUNDRED SEVEN THOUSAND SEVEN HUNDRED THIRTY AND 40/100 DOLLARS ($907,730.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding the Baytown Fire Training Center Project — Phase II to Cox Commercial Construction, LLC. ORDINANCE NO. 12,930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF COX COMMERCIAL CONSTRUCTION LLC, FOR THE BAYTOWN FIRE TRAINING CENTER PROJECT — PHASE II; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH COX COMMERCIAL CONSTRUCTION LLC, FOR SAID CONTRACT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION FIVE HUNDRED FIFTY -FOUR THOUSAND FIVE HUNDRED TWENTY -ONE AND NO /100 DOLLARS ($1,554,521.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the Annual Mosquito Control Chemicals Contract. ORDINANCE NO. 12,951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MOSQUITO CONTROL CHEMICALS CONTRACT WITH ADAPCO, INC., FOR ITEM NOS. 1, 2, 4, 5, 7, 12, 13 AND 16; TARGET SPECIALTY PRODUCTS FOR ITEM NOS. 3, 6, 8, 9, 10, 11, 15,17,19; AND 20; AND UNIVAR USA, INC., FOR ITEM NOS. 14 AND 18; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 13, 2015 Page 16 of 17 f. Consider an ordinance authorizing a cooperative purchasing agreement with the City of Pflugerville. ORDINANCE NO. 12,932 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 A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF PFLUGERVILLE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding Cause No. 2015 - 19384; Baytown Professional Firefighters Association a City of Baytown, et al., in the 61st Judicial District Court of Harris County, Texas. At 7:50 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding Cause No. 2015- 19384; Baytown Professional Firefighters Association v. City of Baytown, et al., in the 61st Judicial District Court of Harris County, Texas. At 8:26 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. 13. MANAGER'S REPORT City Manager Davis stated that Ms. Louis Richman is retiring farewell would be on Thursday, August 20, 2015, from 2:30 P.M., to 4:00 P.M., in the meeting room at the community center. He stated that the Pirates Bay and Calypso Cove water parks will close for the season on September 07, 2015. He further stated that Mark Medrano was elected as the District 4 Vice President of the Texas State Association of Firefighters. Additionally, he stated that the D.A.R.E. Police Officers won 1st place for their vehicle design at the International D.A.R.E. Conference in New Orleans. 14. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley adjourning the August 13, 2015, City Council Regular meeting. The vote was as follows: City Council Regular Meeting Minutes August 13, 2015 Page 17 of 17 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the August 13, 2015, City Council Regular Meeting at 8:26 P.M. Leticia Brysch, City Cle'rV 0 City of Baytown