Loading...
2015 11 16 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 16, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, November 16, 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 David McCartney Chris Presley Terry Sain Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Rick Davis Ignacio Ramirez Leticia Brysch David Alford City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the November 16, 2015, November 16, 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 McCartney. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Michelle Reeves requests to appear before council to invite citizens, staff and council members to participate in the Cruisin' Texas Toy Drive on December 19, 2015. Ms. Reeves was not present to speak regarding agenda item l.a. b. Recognize the City of Baytown Public Safety Award of Excellence winners. City Manager Davis presented the agenda item and recognized Corporal Ken Terry as Police Officer of the Year and David Mendisabal as Firefighter of the Year. Mr. Ken Terry was not present. C. Recognize employees for their dedicated years of service to the City (5, 10, 15 + years). City Council Regular Meeting Minutes November 16, 2015 Page 2 of 27 Director of Human Resources, Mrs. Carol Flynt presented the agenda item and recognized employees for their dedicated years of service to the City (5, 10, 15 + years). 15 Years Larry Martin, Police Lieutenant Sean Saunders, Certified Firefighter Medic Maria Porche', Accounting Specialist I 20 Years Roger Park, Police Lieutenant Dennis Wells, Engineering Project Manager 25 Years Stephen Bonetti, Heavy Equipment Operator II 2. ELECTION CANVASS a. Canvass the returns of the City of Baytown's November 03, 2015, Special Election. Mayor DonCarlos presented the agenda item to canvass the results of the November 03, 2015, City of Baytown Special Election final and official. He stated that the Ordinance No. 13,206 declares the results of the City of Baytown Special Election held on Tuesday, November 03, 2015, in which residents voted on 24 propositions: (1) the reauthorization of the street maintenance sales and use tax, (2) twenty -two charter amendments and (3) the issuance of bonds for the purchase of a municipal golf course. He stated that through the City Clerk, he received the sealed precinct returns and read the canvass summary tabulation as follows: • Total Early Voting: 1,837 • Total Election Day Voting: 1,948 • Total Provisional Ballots: 12 in which 5 were accepted • Total Registered Voters: 32,812 • Total Votes Casted: 3,785 Re- authorization of the Sales Maintenance Street Tax: Proposition No. 1 Early Election Total For 1523 1531 3054 Against 244 312 556 Proposed Charter Amendments: Proposition No. 2 Early Election Total For 1467 1468 2935 Against 258 307 565 Proposition No. 3 For Against Proposition No. 4 For Against Proposition No. 5 For Against Proposition No. 6 For Against Proposition No. 7 For Against Proposition No. 8 For Against Proposition No. 9 For Against Early Election 1326 1279 360 429 Early Election 1358 1284 325 446 Early Election 968 931 746 840 Early Election 922 918 818 895 Early Election 1448 1461 253 291 Early Election 1452 1391 242 338 Early Election 1459 1447 231 280 Proposition No. 10 Early For 1230 Against 450 Proposition No. 11 Early For 1446 Against 237 Proposition No. 12 Early For 1356 Against 282 Proposition No. 13 Early For 1334 Against 330 Election 1183 549 Election 1417 299 Election 1322 343 Election 1338 362 Total 2605 789 Total 2642 771 Total 1899 1586 Total 1844 1713 Total 2909 544 Total 2843 580 Total 2906 511 Total 2413 999 Total 2863 536 Total 2678 625 Total 2672 692 City Council Regular Meeting Minutes November 16, 2015 Page 3 of 27 City Council Regular Meeting Minutes November 16, 2015 Page 4 of 27 Proposition No. 14 Early Election Total For 1429 1377 2806 Against 235 326 561 Proposition No. 15 Early Election Total For 1401 1353 2754 Against 246 318 564 Proposition No. 16 Early Election Total For 1345 1269 2614 Against 305 393 698 Proposition No. 17 Early Election Total For 1421 1340 2761 Against 237 345 582 Proposition No. 18 Early Election Total For 1247 1121 2368 Against 406 417 823 Proposition No. 19 Early Election Total For 1380 1278 2658 Against 275 395 670 Proposition No. 20 Early Election Total For 1461 1450 2911 Against 196 223 419 Proposition No. 21 Early Election Total For 1465 1482 2947 Against 189 215 404 Proposition No. 22 Early Election Total For 1477 1484 2961 Against 170 199 369 Proposition No. 23 Early Election Total For 1380 1349 2729 Against 281 341 622 Proposition No. 24 Early Election Total For 860 904 1764 Against 900 919 1819 City Council Regular Meeting Minutes November 16, 2015 Page 5 of 27 Mayor DonCarlos stated that he delivered the precinct returns, tally lists, and early voting precinct report used in the canvass to the City Clerk, whose the general custodian of election records and will preserve them for the period for preserving precinct election records. b. Consider an ordinance declaring the results of the City of Baytown Special Election held on Tuesday, November 03, 2015. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 13,026. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE RESULTS OF THE SPECIAL ELECTIONS HELD NOVEMBER 3, 2015, CONCERNING (I) THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE - FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS, (II) TWENTY -TWO (22) PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF BAYTOWN, TEXAS, AND (III) THE ISSUANCE OF BONDS IN THE AMOUNT OF TWELVE MILLION FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($12,500,000.00) FOR THE ACQUISITION OF ALL OR A PORTION OF A GOLF COURSE LOCATED NEAR EVERGREEN ROAD AND ADDITIONAL PROPERTY IN THE VICINITY OF SAID GOLF COURSE AND THE CONSTRUCTION, REDEVELOPMENT, RENOVATION, IMPROVEMENT AND EQUIPMENT OF A PUBLIC GOLF COURSE AND RELATED FACILITIES ON SAID PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos stated that the Official Canvass Report is available by precincts if desired in the City Clerk's Office in City Hall and will be made available through the public information request process. City Council Regular Meeting Minutes November 16, 2015 Page 6 of 27 3. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on October 08, 2015. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the October 08, 2015, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved b. Consider approving the minutes of the City Council Regular Meeting held on October 22, 2015. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving the October 22, 2015, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved Mayor DonCarlos requested that the agenda be taken out of order to consider agenda item I O.a. 10. REPORTS a. Receive Animal Control Advisory Committee /Sub - Committee Report on their findings and recommendations. Assistant City Manager, Kevin Troller presented the agenda item and stated that several months City Council Regular Meeting Minutes November 16, 2015 Page 7 of 27 ago there were many speakers that addressed Council with concerns of the Animal Control facility, therefore a committee of experts was formed to go visit the facility then provide a report of their findings and recommendations to be brought back before Council. He stated for clarity that the facility is considered an Animal Control facility. Dr. Cynthia Lipps presented the Animal Control Advisory Committee /Sub - Committee Report and stated that they reviewed the City of Baytown Ordinances, other city ordinances, and state statues concerning animal law. She stated that they focused on the existing policy and procedures, as well as, ways to help improve the animal services division in the future. She stated that in looking at the existing policy they observed to see if the following standards were in compliance with state law: the condition of the shelter, if the animals being euthanized were done in a human manner, as well as, in compliance with the American Veterinarian Association (AVA) standard, and if the animal control officers were trained properly in animal care and euthanasia. She stated that the animal control facility is in compliance with the Texas Administrative Code under Title 25, Part 1, Chapter 169.26, "Subchapter (A) "Facilities for the Quarantining or Impounding of Animals ". She further stated that the animals were provided adequate housing, food, water and housed according to their sex, size, and age. She stated that the kennels were adequately cleaned and sanitized at least daily with fresh food provided at least once a day to adult animals and twice a day to younger animals. Dr. Lipps stated that water was always available, dry food was properly stored, and the refrigerator was provided with perishable foods. She stated that food and water dishes were properly cleaned and sanitized. She stated that the euthanasia procedures and the handling storing and recording of euthanasia drugs were in compliant with the Texas Administrative Code under Title 25 Chapter 169 Subchapter (D) "Allowable Methods of Euthanasia ", as well as, the standard recommended by the AVA. She stated that as it relates to the animal control officers, they all received state approved training, proper animal care and handling, and training and proper euthanasia techniques in accordance with the Texas Health and Safety Code Title 10 Chapter 821 and Chapter 829. Dr. Lipps stated that newly hired animal control officers (ACOs) were currently in training and will have their certifications within the time period as specified by state law. She stated that the documentation verifying the continued education for the ACOs is maintained in the manager's office. She stated that they didn't find any violations at the facility with the euthanasia protocols or the training of the personnel and therefore conclude that the Baytown Animal Services Division is in compliance with the law under the state of Texas. She stated that the subcommittee to the advisory committee found no evidence that the City of Baytown and the animal services division are not in compliance with state statues. During further discussion, Dr. Lipps stated that they benchmarked the City of Baytown with other animal services organizations regarding hours of operations, euthanasia rates, adoption rates, marketing of adoptable pets, relationships with rescue groups and volunteers, and spayed and neutered programs and made the following recommendations: • Modifying the mission of the facility to having more focus on saving animals that are impounded; • Increasing the hours of operations; City Council Regular Meeting Minutes November 16, 2015 Page 8 of 27 • Utilizing the internet, social media, and marketing sites continually for advertising the animals, as well as, the facility; • Participating in more outside adoption events; • Utilizing the adoption trailer regularly; • Develop a volunteer program that includes a volunteer manual and an agreement with the volunteers; • Vaccinating animals on intake; • Collaborating and developing an agreement with approved rescue partners to be able to transfer animals; • Developing a spay and neuter program; • Creating a more esthetic adoption area and take pictures of those who adopt pets for posting purposes with their permission; • Having donations availability on the website; and • Increasing the budget. Additionally, Dr. Lipps stated that one of the members of the committee, whose an architect rendered a preliminary annexed plan that could be attached to the current facility for animals to be moved to that are ready to be adopted. Mayor DonCarlos stated that the budget increase will be considered for the next budget cycle, as well as, an adoption pavilion. He stated that staff will be pursuing collaborating with Texas A &M in their program that sends veterinarian students to participate in neutering clinics. Ms. Shantel Priddy and Ms. Wanda Carter both registered to speak regarding agenda item 10.a. Ms. Priddy requested that Council partner with citizens groups that are willing to assist with bettering the animal facility and not dismiss the recommendations due to funding. Ms. Carter stated that she wants better treatment of the animals and requested that Council considers the recommendations from the committee. Mayor DonCarlos inquired as to when the new ACO's would be hired. Heath Department Director, Mr. Mike Lester stated that a new ACO started on 11/16/15 which will take approximately four (4) to six (6) weeks to catch her up to speed before going out in the fields, three (3) ACO's have been on board for about six (6) months or less leaving about three (3) certified ACO's and all but two (2) are certified in euthanasia. He stated that there's a total of eight (8) staff with two (2) being down. Mr. Lester stated that the hours of operation were cut and although they scaled back on the hours to the public, there was significant improvement to the activities at the facility because the staff was available to do the work. He stated that with a full staff of eight (8) working the normal hours previously to the hour of operation change, it was still stretch to cover the work load as there should be twelve staff. Additionally, he stated that he agrees with the recommendations presented. City Council Regular Meeting Minutes November 16, 2015 Page 9 of 27 City Manager Davis stated that staff will prioritize the recommendations presented from the committee along with budgetary estimates and provide the timeline to Council, as well as, the concerned group and committees involved. Mayor DonCarlos stated that the agenda would be returned to its regular order and consider agenda items 4.a. and 4.b., in which those two items were not ready for consideration. 4. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 a. Consider a resolution granting consent to the creation of the Harris County Municipal Utility District No. 528 and the inclusion therein of additional territory in the Tri -City Beach/Hwy 146 area. b. Consider an ordinance authorizing a Utility Functions and Services Allocation Agreement with Graham Mortgage Corporation, Lone Star 5000 Corporation, Texas Capital Development Corporation, Inc., and Hazelwood Enterprises, Incorporated, on behalf of the proposed Harris County Municipal Utility District No. 528. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving to postpone agenda items 4.a. and 4.b. on or before January 31 st. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved 5. TOWN SQUARE a. Consider an ordinance amending Chapter 2 "Administration," Article V "Finance," Section 2 -595 "Fees for various city services," Subsection (4) "Parks and recreation services" of the Code of Ordinances to establish fees for Town Square. Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated that Ordinance No. 13,027 is to establish a $10 per person fee for admission to the Town Square ice skating rink which will be opened from 6:00 P.M. to 10:00 P.M. Council Member Presley requested consideration for a discounted rate for younger children or a family discount. Mr. Johnson stated that in researching fees from other establishments there was one with a fee City Council Regular Meeting Minutes November 16, 2015 Page 10 of 27 of $8 for children under 12 and in such case, he proposed that the fee be according to height rather age. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving Ordinance No. 13,027, establishing a fee of $10 per adult person and $8 per child under 48 inches. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 1 "GENERALLY," SECTION 2 -595 "FEES FOR VARIOUS CITY SERVICES," SUBSECTION (4) "PARKS AND RECREATION SERVICES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD SUBSECTION (C) TO ESTABLISH FEES FOR THE TOWN SQUARE ICE SKATING RINK; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider a proposed ordinance amending Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments," Division 1 "Generally," Section 42- 131 "Definitions" and Section 42 -153 "Mobile Food Establishments ". Mr. Lester presented the agenda item and stated that this item is specifically addressing the standards for mobile food units as requested by Council. He stated that they researched various standards from across the state but narrowed down to modifying the City of Houston's code being that most of the units would come from that area. He stated that the modifications included changing the hours of operations outside of the ACE district to be setup for two (2) hours and include in the policy, which is not part of the code, allowing 30 minutes before or after setup. He stated that the applicant must provide an itinerary to include the location and time of the setup for inspection purposes. He stated that they removed the onboard restroom requirement for employees, but required that they have notarized permission to use a restroom within 150 feet. Mr. Lester stated that due to litigation concerns, they decided not to include distance restrictions of a mobile unit being setup within a certain distance of a food establishment. He stated that the merchant can't sale from the public right -of -way except in the ACE District and City Council Regular Meeting Minutes November 16, 2015 Page 11 of 27 that also in the ACE District there is no time constraint, but the unit must be readily moveable at any time. Mayor DonCarlos stated that agenda items 5.b., 5.c., and 5.d. would be considered together as they are all related. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving agenda items 5.b. (Ordinance No. 13,028), agenda item 5.c. (Ordinance No. 13,029), and agenda item 5.d. (Ordinance No. 13,030). The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS," DIVISION 1 "GENERALLY," SECTION 42 -131 "DEFINITIONS," AND SECTION 42 -153 "MOBILE FOOD ESTABLISHMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCLUDE DEFINITIONS OF "DEPARTMENT," "MOBILE FOOD UNIT," AND "RESTRICTED OPERATIONS MOBILE FOOD UNIT" TO REVISE THE DEFINITION OF "TFER" AND TO ENACT REGULATIONS RELATED TO THE OPERATIONS OF MOBILE FOOD UNITS WITHIN THE CITY OF BAYTOWN; 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. C. Consider an ordinance amending Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions," Section 42 -286 "Permit required" of the Code of Ordinances, Baytown, Texas, to exempt the Town Square from the distance requirements. ORDINANCE NO. 13,029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," City Council Regular Meeting Minutes November 16, 2015 Page 12 of 27 ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT REQUIRED" BY AMENDING SUBSECTION (E) "DISTANCE REQUIREMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROVIDE AN EXCEPTION FOR EVENTS HELD AT TOWN SQUARE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider a proposed ordinance amending Chapter 74 "Peddlers and Solicitors," Article I1 "Itinerant Merchants and Open Air Vendors," Section 74 -28 "Exemptions from article" of the Code of Ordinances, Baytown, Texas, to exempt properly licensed mobile food vendors. ORDINANCE NO. 13,030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 74 'PEDDLERS AND SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS," DIVISION 1 "GENERALLY," SECTION 74 -28 "EXEMPTIONS FROM ARTICLE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROVIDE AN EXCEPTION FOR EVENTS HELD AT TOWN SQUARE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. ANNEXATION OF APPROXIMATELY 1.5 ACRES OF LAND a. Conduct the first public hearing concerning the voluntary annexation of approximately 1.5 acres of land located at the southwest corner of I -10 and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County, Texas. At 7:45 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the voluntary annexation of approximately 1.5 acres of land located at the southwest comer of I -10 and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County, Texas. Director of Planning and Development Services, Mrs. Tiffany Foster stated that she would summarize both agenda items 6.a. and 6.b. together. She stated that the items were in regards to the proposed voluntary annexation of approximately 1.5 acres of land located at the southwest corner of I -10 and Sjolander Road. Additionally, she stated that the property owner requested annexation for the future construction of a convenience store. With there being no one registered to speak regarding agenda item 6.a., Mayor DonCarlos closed the first public hearing at 7:46 P.M. City Council Regular Meeting Minutes November 16, 2015 Page 13 of 27 b. Conduct the second public hearing concerning the voluntary annexation of approximately 1.5 acres of land located at the southwest corner of I -10 and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County, Texas. At 7:46 P.M., Mayor DonCarlos opened and conducted the second public hearing concerning the voluntary annexation of approximately 1.5 acres of land located at the southwest corner of I -10 and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Hams County, Texas. With there being no one registered to speak regarding agenda item 6.b., Mayor DonCarlos closed the second public hearing at 7:46 P.M. SBE CHEMICAL PARTNERS I REINVESTMENT ZONE a. Conduct a public hearing establishing the SBE Chemical Partners I Reinvestment Zone. At 7:46 P.M., Mayor DonCarlos opened and conducted a public hearing establishing the SBE Chemical Partners I Reinvestment Zone. City Attorney, Mr. Ignacio Ramirez stated that this public hearing is in regards to establishing the Reinvestment Zone at the old Carbon Black Plant property in the event that the company chooses to move forward with this site. Mr. Thomas Suffield registered to speak before the public hearing regarding agenda item 7.a. to answer any questions and stated that they would like to move forward with this site. At 7:48 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 7.a. 8. PROPOSED ORDINANCES a. Consider an ordinance for the first reading of the proposed voluntary annexation of approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709, located at the northeast corner of Blue Heron and North Main, Harris County, Texas, save and except previously annexed land by the City of Baytown via Ordinance No. 1365. Mrs. Foster presented the agenda item and stated that this land is a voluntary annexation of approximately 3.62 acres of land located at the northeast corner of Blue Heron and North Main for a proposed development of a Harris County Head Start facility. Additionally she stated that the second reading of the ordinance, completing the annexation proceedings is scheduled for the City Council meeting on December 10, 2015. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,031. The vote was as follows: City Council Regular Meeting Minutes November 16, 2015 Page 14 of 27 Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tent Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,031 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 3.62 ACRES OF LAND SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT 709, LOCATED AT THE NORTHEAST CORNER OF BLUE HERON AND NORTH MAIN, HARRIS COUNTY, TEXAS, SAVE AND EXCEPT PREVIOUSLY ANNEXED LAND BY THE CITY OF BAYTOWN VIA ORDINANCE NO. 1365, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance for the first reading of the proposed involuntary annexation of approximately 206.35 acres situated in the George Ellis Survey, Abstract 21, for multiple sites located on the east side of North Main, from the East Freeway to Wallisville Road, and the right -of -way along N. Main and a portion of Wallisville Road, Harris County, Texas. Mrs. Foster presented the agenda item and stated that this is the first reading to continue the annexation process regarding the involuntary annexation North of I -10 including parts of the right -of -way for North Main going over to Wallisville. She stated that there were two (2) public hearings held on this item in which some property owners voiced concerns for the future of their property because of the effects of the annexation. She stated that they've been in contact with the property owners to discuss the future plans of their property and are ready to move forward with the annexation. She stated that they will continue to work with the property owners and that there will probably be some changes to the existing ordinances to help facilitate with their food services. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,032. The vote was as follows: City Council Regular Meeting Minutes November 16, 2015 Page 15 of 27 Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,032 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 206.35 ACRES SITUATED IN THE GEORGE ELLIS SURVEY, ABSTRACT 21, FOR MULTIPLE SITES LOCATED ON THE EAST SIDE OF NORTH MAIN, FROM THE EAST FREEWAY TO WALLISVILLE ROAD, AND THE RIGHT -OF -WAY ALONG N. MAIN AND A PORTION OF WALLISVILLE ROAD, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 9. PROPOSED RESOLUTIONS a. Consider a resolution casting the City of Baytown's ballot for the election of a person to serve on the Board of Directors of the Harris County Appraisal District. City Clerk, Leticia Brysch presented the agenda item and stated that Council nominated Mr. Ed Heathcott as a Harris County Appraisal District representative to serve on the board and Resolution No. 2385 casts the votes. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2385. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2385 City Council Regular Meeting Minutes November 16, 2015 Page 16 of 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution casting the City of Baytown's ballot for the election of one or more persons to serve on the Board of Directors of the Chambers County Appraisal District. Mrs. Brysch presented the agenda item and stated that Council nominated Mr. Everett "Tan" Williams as a Chambers County Appraisal District representative to serve on the board and Resolution No. 2386 casts the votes. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Resolution No. 2386. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. CONSENT Council Member Sain requested that consent agenda item 1 Li be pulled and Council Member Hoskins requested that consent agenda items 1 l.m., l l.n., and l l.r. be pulled. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items l La. through I l.h., l l .j. through 11.1., l Lo. through 1 l.q., and l l.s. The vote was as follows: City Council Regular Meeting Minutes November 16, 2015 Page 17 of 27 Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved a. Consider an ordinance approving the Professional Services Agreement between the Baytown Area Water Authority ( "BAWA ") and KIT Professionals, Inc., for the BAWA Sedimentation Basins 1 -3 Re- Rating Evaluation Project. ORDINANCE NO. 13,033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND KIT PROFESSIONALS, INC., FOR THE BAWA SEDIMENTATION BASINS 1 -3 RE- RATING EVALUATION PROJECT IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Third Amendment to the Professional Services Agreement with Kimley -Horn and Associates, Inc., for the San Jacinto Boulevard Project. ORDINANCE NO. 13,034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC., FOR THE SAN JACINTO BOULEVARD PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY -ONE THOUSAND FOUR HUNDRED SEVENTY AND NO /100 DOLLARS ($171,470.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider the establishment of speed limits and hours of enforcement in school zones for (i) Banuelos Elementary School, (ii) Victoria Walker Elementary School. and (iii) all of Goose Creek Consolidated Independent School District's junior high schools and high schools within the City of Baytown. City Council Regular Meeting Minutes November 16, 2015 Page 18 of 27 ORDINANCE NO. 13,035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING MAXIMUM PRIMA FACIE SPEED LIMITS FOR MOTOR VEHICLES IN DESIGNATED SCHOOL ZONES AND PROVIDING FOR HOURS OF ENFORCEMENT ON SCHOOL DAYS OR WHEN CHILDREN ARE PRESENT; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of four (4) stop signs on Dallas Street at its intersections with Stewart Avenue and E. Francis Street. ORDINANCE NO. 13,036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF FOUR (4) STOP SIGNS ON DALLAS STREET AT ITS INTERSECTIONS WITH STEWART AVENUE AND E. FRANCIS STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. e. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of one (1) stop sign on Harbor View Boulevard at its intersection with Tri- Cities Beach Road. ORDINANCE NO. 13,037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD City Council Regular Meeting Minutes November 16, 2015 Page 19 of 27 INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1) STOP SIGN ON HARBOR VIEW BOULEVARD AT ITS INTERSECTION WITH TRI- CITIES BEACH ROAD; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. I. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of three (3) stop signs at the intersections of Longhorn Drive, Tumbleweed Lane, and Lariat Drive with E. Baker Road and one (1) yield sign at the intersection of Mesa Drive and Tumbleweed Lane. ORDINANCE NO. 13,038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF THREE (3) STOP SIGNS — ONE (1) ON LONGHORN DRIVE AT ITS INTERSECTION WITH E. BAKER ROAD, ONE (1) ON TUMBLEWEED LANE AT ITS INTERSECTION WITH E. BAKER ROAD, AND ONE (1) ON LARIAT DRIVE AT ITS INTERSECTION WITH E. BAKER ROAD AND TO AUTHORIZE THE INSTALLATION OF ONE (1) YIELD SIGN ON MESA DRIVE AT ITS INTERSECTION WITH TUMBLEWEED LANE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. g. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize the installation of two (2) stop signs on Ferry Rd. at its intersections with N. Alexander Dr. ORDINANCE NO. 13,039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE W "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES City Council Regular Meeting Minutes November 16, 2015 Page 20 of 27 ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TWO (2) STOP SIGNS ON FERRY ROAD AT ITS INTERSECTIONS WITH N. ALEXANDER DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the Annual Cationic Polymer Supply Contract to BASF Corporation. ORDINANCE NO. 13,040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BASF CORPORATION FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -FIVE THOUSAND TWO HUNDRED NINETY -NINE AND 96/100 DOLLARS ($65,299.96); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance approving the payment of the Texas Commission on Environmental Quality (TCEQ) fee for the City's four (4) wastewater treatment plants. ORDINANCE NO. 13,041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE HUNDRED SIXTY -FOUR THOUSAND FIVE HUNDRED NINE AND 45/100 DOLLARS ($164,509.45) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance approving the payment of the Texas Commission on Environmental Quality fee for the City's water system. ORDINANCE NO. 13,042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF SEVENTY - FOUR THOUSAND SEVEN HUNDRED TWENTY -SEVEN AND 55 /100 City Council Regular Meeting Minutes November 16, 2015 Page 21 of 27 DOLLARS ($74,727.55) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing payment to Harris County for radio airtime and equipment maintenance. ORDINANCE NO. 13,043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY THOUSAND AND NO /100 DOLLARS ($270,000.00) TO HARRIS COUNTY FOR RADIO AIRTIME AND EQUIPMENT MAINTENANCE FOR THE PERIOD COMMENCING ON OCTOBER 1, 2015, AND ENDING SEPTEMBER 30,2016; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing granting a variance from the distance requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on December 5, 2015; and exempting such event from the application of the City's Peddlers and Solicitors' Ordinance. ORDINANCE NO. 13,044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR ART LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT ART LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS ON TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance authorizing the abandonment and sale of the City's interest of a portion of an underground 10 foot waterline easement dedicated by Eastpoint Subdivision Section One Plat, recorded under Volume 311, Page 3, H.C.M.R., located on City Council Regular Meeting Minutes November 16, 2015 Page 22 of 27 the west side of Eastpoint Boulevard, addressed as 7447 Eastpoint Boulevard, to the property owner Stanmore /ADEF Baytown, LP. ORDINANCE NO. 13,045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE CITY'S INTEREST IN THE CITY'S 10 -FOOT UTILITY EASEMENT DEDICATED VIA THE EASTPOINT SUBDIVISION SECTION ONE PLAT, RECORDED UNDER VOLUME 311, PAGE 3 OF THE HARRIS COUNTY MAP RECORDS, LOCATED ON THE WEST SIDE OF EASTPOINT BOULEVARD, ADDRESSED AS 7447 EASTPOINT BOULEVARD TO STANMORE /ADEF BAYTOWN, LP, CONTINGENT UPON THE RECEIPT OF CONSIDERATION AS EXPRESSED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing the purchase of one (1) 2016 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. 13,046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY -TWO THOUSAND NINE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($152,925.00) TO KNAPP CHEVROLET THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2016 CHEVROLET C3500 6.6 -LITER DIESEL CHASSISAND FRAZER TYPE 1 12' GENERATOR POWERED MODULE FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance renewing the agreement with Hartford Life & Accident Insurance Company (Hartford) for Retiree Medicare Supplement Insurance. ORDINANCE NO. 13,047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF A SERVICE AGREEMENT WITH HARTFORD LIFE & ACCIDENT INSURANCE COMPANY FOR RETIREE MEDICARE SUPPLEMENT INSURANCE SERVICES FOR THE CALENDAR YEAR OF JANUARY 1, 2016, THROUGH DECEMBER 31, 2016; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED THIRTEEN THOUSAND City Council Regular Meeting Minutes November 16, 2015 Page 23 of 27 FOUR HUNDRED FIFTY -SIX AND NO /100 DOLLARS ($813,456.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 111 Consider an ordinance authorizing the award of the Annual Concrete Work Contract to Teamwork Construction Services, Inc. Council Member Sain inquired clarity on a possible issue with Teamwork not being receptive to some of the work being requested. In response to Council Member Sain's inquiry, Director of Public Works, Mr. Frank Simoneaux stated that there were some issues with the previous contract where there were no mobilization costs for small amounts for sidewalks so the price was not reflective of that costs which has since been rectified. Mr. Simoneaux stated that they separated the bid item into smaller amounts for sidewalks and increased the amounts on the smaller quantities. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving consent agenda item l Li. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE ANNUAL CONCRETE WORK CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO MILLION AND NO /100 DOLLARS ($2,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ll.m. Consider an ordinance authorizing the purchase of IBM Flex System servers and IBM Storwize storage system from Mark III Systems through the Texas Department of Information Resources. ll.n. Consider an ordinance authorizing the purchase of Cisco network equipment from Presidio, Inc., through the Texas Department of Information Resources. City Council Regular Meeting Minutes November 16, 2015 Page 24 of 27 Council Member Hoskins requested that consent agenda items l l.m. and l.n. be considered together. ITS Director, Mr. Ed Tomjack stated that the two items were to purchase equipment to bring the 911 center online. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving consent agenda items I I.m. and 1 l.n. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,049 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED FIFTY -EIGHT THOUSAND FIVE HUNDRED TWENTY -SIX AND 15 1100 DOLLARS ($358,526.15) TO MARK III SYSTEMS, INC., FOR THE PURCHASE OF IBM FLEX SYSTEM SERVERS AND IBM STORWIZE STORAGE SYSTEM THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,050 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY -FIVE THOUSAND SIX HUNDRED FIFTY -ONE AND 12/100 DOLLARS ($155,651.12) TO PRESIDIO, INC. FOR THE PURCHASE OF CISCO NETWORK EQUIPMENT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11.r. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas Local Government Purchasing Cooperative (Buy Board), for construction of sidewalks, two entry sign walls, 18 brick fence columns and the foundation and ramps for the stage at the Town Square. City Council Regular Meeting Minutes November 16, 2015 Page 25 of 27 A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda item l l .r. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: Council Member Robert C. Hoskins Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED NINETY - NINE THOUSAND SEVEN HUNDRED TWENTY -THREE AND 20/100 DOLLARS ($299,723.20) TO KRAFTSMAN L.P., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) FOR THE CONSTRUCTION OF SIDEWALKS, TWO ENTRY SIGN WALLS, 18 BRICK FENCE COLUMNS AND FOUNDATION FOR THE STAGE AT TOWN SQUARE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. a. Consider four (4) reappointments to the Community Development Advisory Committee (CDAC). City Clerk Brysch presented the agenda item to consider the four (4) appointments of Mr. Simmie L. Robinson, Mr. Roberto Diaz, Ms. Martha Barnett, and Mr. Ophir Lyra to the Community Development Advisory Committee (CDAC). She stated that they all desired reappointment and will serve a term commencing immediately and will expire on December 31, 2017. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving the four (4) reappointments of Mr. Simmie L. Robinson, Mr. Roberto Diaz, Ms. Martha Barnett, and Mr. Ophir Lyra to the Community Development Advisory Committee (CDAC). The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes November 16, 2015 Page 26 of 27 Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved 13. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Texas Government Code to deliberate the purchase of real property for municipal purposes, to deliberate the offer of a financial or other incentive to a business prospect, and to seek the advice of the City attorney on legal matters related thereto. At 7:57 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Texas Government Code to deliberate the purchase of real property for municipal purposes, to deliberate the offer of a financial or other incentive to a business prospect, and to seek the advice of the City attorney on legal matters related thereto. At 8:35 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. 14. MANAGER'S REPORT a. The Annual Baytown Christmas Parade will begin at 6:30 P.M., Thursday, December 03, 2015, on Market Street in front of Bicentennial Park. Mr. Johnson stated that the Baytown Christmas Parade will begin at 6:30 P.M., Thursday, December 03, 2015, and that Council will be picked up between 5:30 P.M. and 5:45 P.M., on Market Street in front of Bicentennial Park. b. The 49th Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 04, 2015, at 6:00 P.M. Mr. Johnson stated that the 49th Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 04, 2015, at 6:00 P.M. Council Member Presley stated that Christmas on the Avenue will be held on Saturday, December 05, 2015, to include first time food trucks and the return of the car show. Assistant City Manager Troller stated that 2015 is the fourth year that the City of Baytown has collaborated with Congressman Ted Poe and the Baytown Chamber of Commerce to send cards to troops for the holidays. He stated that every year the amount of cards has grown with this year being over 5,700. City Council Regular Meeting Minutes November 16, 2015 Page 27 of 27 C. City of Baytown Offices will be closed on Thursday, November 26th and Friday, November 27th, 2015, in observance of the Thanksgiving Holiday. City Manager Davis presented the agenda item and stated that City of Baytown Offices will be closed on Thursday, November 26th and Friday, November 27th, 2015, in observance of the Thanksgiving Holiday. d. Reminder of the last scheduled City Council meeting for 2015. City Manager Davis presented the agenda item and stated that the last City Council meeting for 2015, is scheduled for Thursday, December 10, 2014, at 6:30 P.M. and immediately preceding the meeting at 6:00 P.M., a reception for the newly re- elected mayor will take place in the City Hall reception area. 15. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presley adjourning the November 16, 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, Council Member Chris Presley Nays: None Other: Mayor Pro Tem. Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the November 16, 2015, City Council Regular Meeting at 8:42 P.M. City of Baytown v�OF BAY70h%t ti J �TFOF:i * V