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2016 02 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 25, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, February 25, 2016, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Council Member Council Member Council Member Council Member Council Member 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 February 25, 2016, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney. 1. MINUTES a. Consider the approval of the City Council Work Session and Regular meeting minutes held on January 14, 2016. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving the January 14, 2016, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes February 25, 2016 Page 2 of 10 b. Consider approving the Baytown City Council Regular Meeting minutes held on January 28, 2016. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving the January 28, 2016, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Sherry French requested to address the Council regarding excessive new construction and the underutilization of existing buildings. Mr. French was not present. b. The Chief of Police will present the Life Saving Award to Officer Clayton Breeding. Police Chief, Keith Dougherty presented to Officer Clayton Breeding the Life Saving Award for his actions upon arriving to a scene of an attempted suicide call on November 25, 2015, which resulted in the person being subdued and taken for medical treatment. C. Present a proclamation designating March 6- 13, 2016, as The Great Texas Warrant Roundup Week in Baytown. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to some of the staff from the municipal court a proclamation designating March 6 - 13, 2016, as the Great Texas Warrant Roundup Week in Baytown. d. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Ms. Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service (5,10,15,20+ years). 10 Years Elena Tanner, Parks Crewleader Yvonne Herrera, Municipal Court Clerk City Council Regular Meeting Minutes February 25, 2016 Page 3 of 10 30 Years Russell Krutsinger, Patrol Officer 3. PROPOSED ORDINANCES a. Consider a proposed ordinance amending Chapter 94 "Traffic and Vehicles," Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -189 "Parking prohibited on certain front yards" of the Code of Ordinances, Baytown, Texas, to remove the four -hour defense and to add a defense based upon the availability of on -site parking areas and curbside parking. Assistant City Attorney, Ms. Karen Homer presented the agenda item and stated that it was discussed during the work session and Ordinance No. 13,134 removes the four -hour defense and adds a defense based upon the availability of on -site parking areas and curbside parking. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 13,134. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V "STOPPING, STANDING AND PARKING," DIVISION 2 "PARKING," SECTION 94 -189 "PARKING PROHIBITED ON CERTAIN FRONT YARDS," SUBSECTION (E) "DEFENSES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD A DEFENSE BASED UPON LOT COVERAGE AND AVAILABILITY OF CURBSIDE PARKING AND TO REMOVE THE FOUR -HOUR DEFENSE THAT ALLOWED MOTOR VEHICLES, BOATS AND TRAILERS TO BE PARKED ON AN UNIMPROVED SURFACE IN FRONT YARDS OF RESIDENTIAL LOTS; 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. b. Consider an ordinance awarding a construction contract to BRH- Garver Construction, L.P., for the Sjolander Waterline Bore Project. City Council Regular Meeting Minutes February 25, 2016 Page 4 of 10 Director of Engineering, Mr. Jose Patrana presented the agenda item and stated that Ordinance No. 13,135 awards a construction contract to BRH -Garver Construction, L.P., for the Sjolander Waterline Bore Project for an amount not to exceed $216,054.40. He stated that the scope of work consists of boring and augering approximately 350 -ft of 12 -inch waterline steel casing, installing gate valves, and restraining fittings underneath the following locations: Hams County Flood Control District Channel ID Q112- 03 -00; Union Pacific Railroad near the Jenkins Park entrance; and Crosby Cedar Bayou Road at Blue Heron Parkway. Additionally, he stated that five (5) bids were received and publicly opened in the City Council Chambers on February 09, 2016, whereas BRH -Garver Construction, L.P., was the low bidder. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,135. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BRH - GARVER CONSTRUCTION, L.P., FOR THE SJOLANDER WATERLINE BORE PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH BRH - GARVER CONSTRUCTION, L.P., FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF TWO HUNDRED SIXTEEN THOUSAND FIFTY -FOUR AND 40/100 DOLLARS ($216,054.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Ninth Amendment to the Professional Services Agreement with Kin ley -Horn and Associates, Inc., to perform design, bid and construction phase services for the Aqua Loop Expansion at Pirates Bay. Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated that Ordinance No.13,136 authorizes the Ninth Amendment to the Professional Services Agreement with Kimley -Horn and Associates, Inc., to perform design, bid and construction phase services for the Aqua Loop Expansion at Pirates Bay in an amount not to exceed $139,250. He stated that this project will add a new double "Aqua Loop" slide to Pirates Bay that will be located in the north side of the park. He stated that the project is planned to bid in July and to be awarded in August with Kimley -Horn and Counsilman- Hunsaker to design and prepare the bid documents. Additionally, he stated that the construction is planned to start on the Tuesday City Council Regular Meeting Minutes February 25, 2016 Page 5 of 10 following Labor Day, September 06, 2016, and the project should be complete and ready for opening day in 2017. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,136. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13, 136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE NINTH AMENDMENT TO THE STANDARD FORM OF AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC., DATED JANUARY 26, 2007, AND AMENDED ON OCTOBER 23, 2007, JANUARY 18, 2008, OCTOBER 12, 2009, MARCH 16, 2010, JUNE 6, 2012, OCTOBER 1, 2012, DECEMBER 4, 2013, AND NOVEMBER 17, 2015, TO PERFORM DESIGN, BID PHASE AND CONSTRUCTION PHASE SERVICES FOR THE AQUA LOOP EXPANSION PROJECT AT PIRATES BAY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY -NINE THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS ($139,250.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing Change Order No. 7 to the Joint 911 Emergency Communications and Information Data Services Center with Turner Construction Company. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,137 authorizes Change Order No. 7 to the Joint 911 Emergency Communications and Information Data Services Center with Turner Construction, in an amount not to exceed $83,604.00. He stated that the original contract was awarded for $8,787,000.00, and six (6) change orders have previously been processed resulting in a net increase of $3,421.83. Additionally, he stated that this change order will increase the amount authorized for this contract to a total of $8,874,025.83. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,137. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council City Council Regular Meeting Minutes February 25, 2016 Page 6of10 Member Mercedes Renteria III, Mayor Pro Tent Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 7 WITH TURNER CONSTRUCTION COMPANY, FOR THE JOINT 911 EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF EIGHTY -THREE THOUSAND SIX HUNDRED FOUR AND NO /100 DOLLARS ($83,604.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution expressing concern regarding the recent regulations by the U.S. Environmental Protection Agency (EPA) concerning the ozone standards and urging the restoration of the 2008 ozone standards. Council Member Sain presented the agenda item and stated that in the year 2008, the U.S. Environmental Protection Agency (EPA) adopted the ozone standards to 75 parts per billion (ppb) then in the year 2015, reduced it to 70 ppb. He stated that it requires a lot from an industry to meet that requirement, as well as, impacts the economy by causing a substantial reduction in economic growth in this area. He stated that the EPA didn't allow the year 2008 standard enough time to realize the significant impact that the 75 ppb would have before lowering it to 70. He further requested that Resolution No. 2399 be forwarded to the City of Baytown's elected official representatives of state and nationals to urge the EPA to defer the 2015 standards back to the 2008 standards. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Robert C. Hoskins approving Resolution No. 2399. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes February 25, 2016 Page 7 of 10 RESOLUTION NO. 2399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING CONCERN REGARDING THE RECENT REGULATIONS BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY CONCERNING OZONE STANDARDS AND URGING THE RESTORATION OF THE 2008 OZONE STANDARDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS City Manager Davis requested that the agenda be taken out of order to consider agenda item 5.b. before agenda item 5.a. a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2015. Assistant Finance Director, Mr. Carl Currie presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2015. He stated that compared to last year the property tax collections increased about 6% and the sales tax collections in the general fund increased about 7.7 %. He stated that the revenues and expenditures across all city funds were on track and that the City's investment portfolio had investment earnings of $88,686, with the weighted average yield of maturity at 0.3358 %. b. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2015. Ms. Stephanie Harris, a representative of Belt, Harris, and Pechacek, LLLP presented the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the year ending September 30, 2015. She stated that they issued an unmodified opinion, which is the highest level of assurance that they can provide as the independent auditor, on the City's financial statements. She stated that the financial statements were materially correct and that all disclosure required by generally accepted accounting principles were included. She stated that in the past year the City spent in access of $500,000 in federal grant revenues and as a result must go into a single audit in which they also issued an unmodified opinion with the City's compliance with the federal grant program. Additionally, she stated that a Certificate of Excellence in Financial Reporting is included in the Comprehensive Annual Financial Report (CAFR) which was issued by the Government Finance Officers Associations of the United States and Canada. 6. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 6.a. through 6.g. The vote was as follows with the exception of Council Member Capetillo who voted nay on consent agenda item 6.a.: City Council Regular Meeting Minutes February 25, 2016 Page 8 of 10 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, 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 Approved a. Consider an ordinance authorizing the closeout, acceptance and release of retainage to Scodeller Construction, Inc., for the Annual Crack Seal Project. ORDINANCE NO. 13,138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE ANNUAL CRACK SEAL PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY THOUSAND TWENTY -NINE AND 67/100 DOLLARS ($30,029.67) TO SCODELLER CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Fourth Amendment to the Professional Services Agreement with Kimley -Horn and Associates, Inc., for the San Jacinto Boulevard Project. ORDINANCE NO. 13,139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FOURTH 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 NINETY THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($190,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance approving a professional service agreement between Baytown Area Water Authority and Shrader Engineering Inc., for the BAWA High Service Pump Station Improvements Project. ORDINANCE NO. 13,140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHRADER ENGINEERING INC. FOR THE BAWA HIGH SERVICE PUMP STATION City Council Regular Meeting Minutes February 25, 2016 Page 9 of 10 IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution authorizing the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within the Chambers County portion of Baytown. RESOLUTION NO. 2400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the Annual Demolition of Residential Structures Contract to J.T.B. Services, Inc. ORDINANCE NO. 13,141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT WITH J.T.B. SERVICES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED THOUSAND AND NO 1100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance authorizing the renewal of the Annual Roll -Off Container Services Contract to Waste Management of Texas, Inc. ORDINANCE NO. 13,142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC., FOR THE ANNUAL ROLL -OFF CONTAINER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FORTY -FOUR THOUSAND FIFTEEN AND 25/100 DOLLARS ($244,015.25); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution approving the City of Baytown's Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act. City Council Regular Meeting Minutes February 25, 2016 Page 10 of 10 RESOLUTION NO. 2401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.072 of the Texas Government Code to deliberate the purchase of real property for municipal purposes and to seek the advice of the City Attorney on legal matters related thereto. There was no executive session. 8.a. MANAGER'S REPORT City Manager Davis presented recognition to Detective Aaron Crowell for his achievement and Officer Thomas King for his customer service. 9. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley adjourning the February 25, 2016, City Council Regular meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the February 25, 2016, City Council Regular Meeting at 7:12 P.M. Leticia Brysch, City Clerk City of Baytown