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2016 01 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 28, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 28, 2016, at 6:31 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 Mercedes Renteria Terry Sain Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Rick Davis Ignacio Ramirez Leticia Brysch Keith Dougherty City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the January 28, 2016, City Council Regular Meeting with a quorum present at 6:31 P.M., all members were present with the exception of Council Member Brandon Capetillo who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. 1. MINUTES a. Consider approving the minutes of the Baytown City Council Special Meeting held on January 07, 2016. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving the January 07, 2016, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) City Council Regular Meeting Minutes January 28, 2016 Page 2 of 13 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Receive a presentation by ExxonMobil of its 2015 ExxonMobil Baytown Environmental Progress Report. City Manager Davis presented the agenda item and stated the ExxonMobil Baytown Olefins Plant Manager, Mr. Woody Paul would present the 2015 ExxonMobil Baytown Environmental Progress Report. Mr. Paul stated that as ExxonMobil being a part of this community for over 95 years is one of the largest integrated petrochemical complexes in the world and continues to be an industry leader in safety, reliability, and environmental performance. He stated that since the year 2005, they've planted thousands of trees in the Baytown area, completed thousands of projects, invested nearly $1 billion in environmental improvements of air and water quality, and that the operations improved upset emissions by over 76 %. He stated that the Baytown complex generates about 500 megawatts of capacity which compares to powering about 200,000 average American homes and is done through Cogeneration which is the most energy efficient way of generating electricity as it burns less fuel therefore makes less carbon dioxide. He stated that this contributes to cleaner future air and positions the complex to be the most energy efficient refinery in all of North America. He stated that they continue to support, use, and implement emission reduction technology and projects to help drive improvements. He stated that since 2005 they've reduced nitrogen oxide (NOx) emission by 46 %, reduced volatile organic compound (VOC) emission by 40 %, and improved the air incident performance by 64 %. In regards to water resources, Mr. Paul stated that that since 2010 they've no spills of greater than one (1) barrel into the Houston Ship Channel and additionally spent over $40 million on dock infrastructure projects to help protect the water ecosystem that's around the plant. He stated that their future operation improvements includes the North American growth project will produce stronger thinner advanced premium grade polyethylene products which is beneficial by using less weight in packaging therefore it reduces energy consumption both in processing and transportation further reducing greenhouse gases and waste. He stated that their multi - billion dollar of facilities doubles their production with no increase in their permitted emission limits and the Baytown facilities help reduce the emissions produced by the vehicles from the gasoline and diesel fuel that ExxonMobil produces that's being put into them. Council Member McCartney inquired of how much of the 500 megawatts capacity does ExxonMobil use. Mr. Paul stated that they use most of it depending on the operations of steam and power consumption. Council Member Sain inquired of they were able to look ahead to what the reduction in lowering the ozone standard is going to mean to the facilities performance from 75 down to the 70 parts per billion (PPB) that's being proposed by the EPA. In response to Council Member Sain's inquiry, Ms. Kelly Coppola, ExxonMobil Environmental Coordinator, stated that there's lots of activity with this regard and it centers on science understanding what is driving the ozone formation in the air shed. She stated that ExxonMobil and industry partners are partnering with Academia to do the research necessary and come up with a resolution for the needed improvements. Council Member Sain stated that he asked the City Manager to look at drafting a City Council Regular Meeting Minutes January 28, 2016 Page 3 of 13 resolution for Council to send to the City of Baytown's state and federal elected officials to get them to put pressure on the EPA to go back and address the standard issue which is not scientifically based. Council Member Renteria requested for Mr. Paul to elaborate on controlling the emissions and flaring. Mr. Paul stated that they do millions of emissions monitoring and testing for leaks yearly; they have projects to recover more flare gas in which they will have one associated with a current project that will recover almost all of the flare gas that they generate on an ongoing basis out of the Baytown Olefins Plant except for upset emissions; and in addition to using the monitoring tools they undergo regulatory monitoring in which the employees are trained to follow. Council Member McCartney inquired as to what preparations are being done with regards to a terrorist issue. In response to Council Member McCartney's inquiry, Mr. Paul stated that they are programmed into systems and global security groups at the local headquarters, they do drills and trainings, they have procedures that they follow, the have intruder protection fences, and they have security guards. b. Presentation of Federal Commendation on behalf of ATF and DOJ Organized Crime and Gang Section. Police Chief, Keith Dougherty presented to Detective Ron Tarlton a joint commendation on behalf of the ATF and the DOJ Organized Crime and Gang section for his outstanding work and support to the Aryan Brotherhood of Texas investigation. C. Recognize employees for their dedicated years of service to the City (5,10,15 +years). Human Resources Manager, Mr. Lionel Williams presented the agenda item and recognized employees for their dedicated years of service to the City (5,10,15 +years). 15 Years Bearle Brown, Public Works Wastewater Operator III 20 Years Victor Medina, Fire Lieutenant Johnny Malone, Public Works Maintenance Technician 3. HARRIS COUNTY MUD NO. 528 a. Consider a resolution granting a conditional 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. City Attorney, Mr. Ignacio Ramirez presented the agenda item and stated that Resolution No. 2393 grants a conditional consent to the creation of Harris County Municipal Utility District No. 528 ( "MUD 528 ") and the inclusion therein of additional territory in the Tri-City Beach/Hwy City Council Regular Meeting Minutes January 28, 2016 Page 4 of 13 146 area. He stated that along with the consent, the City received requests for its consent to the annexation of additional properties into MUD 528. He stated that the conditions by which it is proposed that the City consent to these petitions are similar to those contained in consents granted to other in -city municipal utility districts. However, this consent is contingent upon the conveyance of the 209.8133 acres tract to Texas Capital Development Corporation on or before February 28, 2016. Additionally, he stated that Resolution No. 2393 will have no force and effect if the conveyance is not finalized on or before such date. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2393. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved RESOLUTION NO. 2393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A CONDITIONAL CONSENT TO THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528, CONSISTING OF 169.4498 ACRES WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN, BEING OUT OF THE WILLIAM SCOTT LOWER LEAGUE, ABSTRACT 65, HARRIS COUNTY, TEXAS, AND LOCATED IN THE TRI- CITY BEACH ROAD AREA ON PORTIONS OF ASHBEL SMITH TRACTS; AND GRANTING A CONDITIONAL CONSENT TO THE INCLUSION OF 327.3214 ACRES OUT OF THE WILLIAM SCOTT LOWER LEAGUE, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS, INTO HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 the Harris County Municipal Utility District No. 528. Mr. Ramirez presented the agenda item and stated that the MUD was created for the purpose of providing water distribution, wastewater collection, and drainage facilities and services to serve the development occurring within and near that portion of the City situated within the boundaries of the MUD. He stated that the obligations that the City will assume under this agreement is to City Council Regular Meeting Minutes January 28, 2016 Page 5 of 13 provide water services and wastewater services for up to 1,700 equivalent single- family connections and to operate and maintain the facilities and regional improvements after being built by MUD 528. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,109. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT WITH GRAHAM MORTGAGE CORPORATION, LONE STAR 5000 CORPORATION, TEXAS CAPITAL DEVELOPMENT CORPORATION, INC., AND THE HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing the City Manager to negotiate a professional services agreement with Tanner LLC, for the Community-Based Strategic Plan Project. City Manager Davis presented the agenda item and stated that he filed the necessary disclosure form with the City Clerk's office due to his previous relationship with Tanner LLC. He stated that in the next several months the Baytown citizens will be engaged in a community conversation about what their priorities are for the next five (5) years which will help staff focus the resources on what matters most to the citizens. He stated that he's worked with and for Tanner LLC in the past and know the quality of work that they perform therefore recommends their services. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,110. The vote was as follows: City Council Regular Meeting Minutes January 28, 2016 Page 6 of 13 Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TANNER LLC, FOR THE COMMUNITY -BASED STRATEGIC PLAN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY -THREE THOUSAND NINE HUNDRED AND NO /100 DOLLARS ($53,900.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Professional Services Agreement with KIT Professionals, Inc., for the Partial Service Area Diversion to the Northeast Wastewater Treatment Plant (WWTP) Service Area Alternative Project. Engineering Director, Mr. Jose Pastrana presented the agenda item and stated that Ordinance No. 13,111 authorizes a Professional Services Agreement with KIT Professionals, Inc., for the Partial Service Area Diversion to the Northeast WWTP Service Area Alternative Project, in an amount not to exceed $439,148.80. He stated that this project diverts the current sewer flow from the west district plant which is over taxed to the Northeast WWTP which is under taxed and this will provide time to make the necessary improvements to the west plant, as well as, make better use of the Northeast plant. He further stated that there's currently some capacity at the west plant, but that the I -10 Lift Station No. 1 has to be increased in size and in order to carry the flow from the lift station, the force main must be increased. Deputy City Manager Bottoms stated that essentially some of the weight is being taken off of the west plant and move to the Northeast plant in which only about one (1) million gallons of the four (4) million is being used. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Chris Presley approving Ordinance No. 13,111. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes January 28, 2016 Page 7 of 13 Other: Council Member Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH KIT PROFESSIONALS, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE PARTIAL SERVICE AREA DIVERSION TO THE NORTHEAST WASTEWATER TREATMENT PLANT (WWTP) SERVICE AREA ALTERNATIVE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY -NINE THOUSAND ONE HUNDRED FORTY -EIGHT AND 80/100 DOLLARS ($439,148.80); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance rejecting the bids for the Sjolander Waterline Bore project received on .January 05, 2016. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,112 rejects all bids for the Sjolander Waterline Bore Project received on January 05, 2016, because when the contract specifications were drafted there was no clear specifications that the crossing under UPRR had to be done as a dry bore as required by UPRR. He stated that they created conflict with the bidders, therefore for clarity purposes and the adding of the additional requirement that the successful bidder has to pay for the cost associated with the UPRR permit the project is going for re -bid. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,112. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS RECEIVED FOR THE SJOLANDER City Council Regular Meeting Minutes January 28, 2016 Page 8 of 13 WATERLINE BORE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the Interlocal Agreement for Emergency Services with Harris County Emergency Services District No. 75. Fire Chief, Shon Blake presented the agenda item and stated that Ordinance No. 13,113 authorizes the Interlocal Agreement for Emergency Services with Hams County Emergency Services District No. 75 (the "District "). He stated that the agreement is very similar to the previous agreement except that the compensation is proposed to be as follows: Contract Year Compensation 2016 $504,000.00 2017 & 2018 84.2% of the maximum ad valorem taxes collected at the $0.10 ad valorem tax rate A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,113. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,113 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 INTERLOCAL AGREEMENT FOR EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding the purchase of approximately 118 acres of land near Evergreen Road and Tri -Cities Beach Road. f. Consider an ordinance authorizing a change to the Fiscal Year 2015 -16 City of Baytown Municipal Budget in order to fund the purchase of approximately 118 acres near Evergreen Road and Tri-Cities Beach Road. City Council Regular Meeting Minutes January 28, 2016 Page 9 of 13 g. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding personnel and equipment for maintaining the 118 acres of land near Evergreen Road and Tri- Cities Beach Road. Mr. Ramirez stated that agenda items 4.e., 4.f. and 4.g. could be considered together. In regards to agenda item 4.e. he stated that Ordinance No. 13,114 authorizes an interlocal agreement with the Baytown Municipal Development District (the "MDD ") for funding the purchase of property. Regarding agenda item 4.f., he stated that Ordinance No. 13,115 authorizes an adjustment to the budget to help fund the 118 acres of land near Evergreen Road. Additionally and in regards to agenda item 4.g. he stated that Ordinance No. 13,116 authorizes an interlocal agreement with the Baytown Municipal Development District to pay for the purchase price over $1 million this year and the balance over the next four (4) years. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving agenda item 4.e. (Ordinance No.13,114), agenda item 4.f. (Ordinance No. 13,115), and agenda item 4.g. (Ordinance No. 13,116). The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,114 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING THE PURCHASE OF APPROXIMATELY 118 ACRES OF LAND NEAR EVERGREEN ROAD AND TRI- CITIES BEACH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2015 -2016 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM ONE MILLION SEVEN HUNDRED THOUSAND AND NO /100 DOLLARS ($1,700,000.00) IN THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 28, 2016 Page 10 of 13 ORDINANCE NO. 13,116 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 INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING PERSONNEL AND EQUIPMENT FOR MAINTAINING THE 118 ACRES OF LAND NEAR EVERGREEN ROAD AND TRI- CITIES BEACH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 5.a. through 5.f. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved a. Consider an ordinance authorizing the closeout, acceptance, and final payment for the 2015 Annual Sanitary Sewer Rehabilitation Project to PM Construction & Rehab, L.P. ORDINANCE NO. 13,117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED FIFTY -FIVE THOUSAND SEVEN HUNDRED NINETY -THREE AND 60/100 DOLLARS ($155,793.60) TO PM CONSTRUCTION & REHAB, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout, acceptance, and final payment for the Santavy Road Project with Angel Brothers Enterprises, LTD. ORDINANCE NO. 13,118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE SANTAVY ROAD PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY THOUSAND FIVE City Council Regular Meeting Minutes January 28, 2016 Page 11 of 13 HUNDRED NINETY -EIGHT AND 49/100 DOLLARS ($70,598.49) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Professional Service Agreement with Dunham Engineering, Incorporated, for the Massey Tompkins Water Tank. ORDINANCE NO. 13,119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH DUNHAM ENGINEERING, INCORPORATED, FOR ENGINEERING SERVICES ASSOCIATED WITH THE MASSEY TOMPKINS WATER TANK PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY -FOUR THOUSAND AND NO /100 DOLLARS ($154,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing Change Order No. 1 to the Cedar Port Industrial Park 1MG Elevated Storage Tank Project with Landmark Structures I, LP. ORDINANCE NO. 13,120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH LANDMARK STRUCTURES I, LP, FOR THE CEDAR PORT INDUSTRIAL PARK 1MG ELEVATED STORAGE TANK PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED EIGHTY -NINE THOUSAND SIX HUNDRED TWELVE AND 79/100 DOLLARS ($189,612.79); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing Change Order No. 1 to the Kilgore Pipebursting Project. ORDINANCE NO. 13,121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH PM CONSTRUCTION & REHAB, LLC, FOR THE KILGORE PIPEBURSTING PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN ANAMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -SEVEN THOUSAND AND NO /100 DOLLARS ($127,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 28, 2016 Page 12 of 13 f. Consider an ordinance approving the amendment of the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2015 -16 Budget in order to transfer a portion of Fund balance to the Capital Improvement Program Fund for the Fire Training Facility. ORDINANCE NO. 13,122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2015 -16 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. 6. APPOINTMENTS a. Consider the appointment of Kelly Benavides, Michael Marks, Oshea Spencer and Andy Helms as Associate Municipal Court Judges for the term of office, which begins February 01, 2016, and ends on January 31, 2018. Judge Julie Escalante stated that all appointees desire reappointment. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the appointments of Kelly Benavides, Michael Marks, Oshea Spencer, and Andy Helms as Associate Municipal Court Judges for the term of office, beginning February 01, 2016 and ending on January 31, 2018. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved 7. MANAGER'S REPORT a. The 15th Annual "Daddy and Me" Valentine's Dance will be held on Friday, February 05, 2016, from 7:00 P.M. until 10:00 P.M. at the Baytown Community Center. Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated that the 15th Annual "Daddy and Me" Valentine's Dance will be held on Friday, February 05, 2016, from 7:00 P.M. until 10:00 P.M. at the Baytown Community Center. He stated that the tickets City Council Regular Meeting Minutes January 28, 2016 Page 13 of 13 are $7.00 per person in advance and may be purchased in the Parks and Recreation office during regular work hours or $10.00 per person at the door. 8. a. Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect. At 7:19 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect. At 7:50 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. 9. ADJOURN A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney adjourning the January 28, 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 Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the January 28, 2016, City Council Regular Meeting at 7:50 P.M. Leticia Brysch, City Clerk \J City of Baytown