Loading...
2016 04 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 14, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 14, 2016, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Rick Davis Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the April 14, 2016, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on March 10, 2016. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving the March 10, 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, Council Member Chris Presley Nays: None Other: Mayor Pro Tern Terry Sain (Abstain) City Council Regular Meeting Minutes April 14, 2016 Page 2 of 21 Approved Mayor DonCarlos stated that the agenda would be taken out of order to consider consent agenda item 9.c. 9.c. Consider an ordinance granting a variance to the time limitations contained in the Live Outdoor Exhibition Ordinance for a concert to be held in conjunction with the 2016 Baytown Youth Fair and designating the 2016 Baytown Youth Fair as a city co- sponsored event for such live outdoor exhibition. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving consent agenda item 9.c. 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 Tent Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,161 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 TIME LIMITATIONS CONTAINED THEREIN FOR THE CONCERT TO BE HELD IN CONJUNCTION WITH THE 2016 BAYTOWN YOUTH FAIR; DESIGNATING THE 2016 BAYTOWN YOUTH FAIR AS A CITY CO- SPONSORED EVENT FOR ITS PERMITTED LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize MANA de Texas Gulf Coast for its service to the youth of Baytown. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos recognized MANA de Texas Gulf Coast for its service to the youth of Baytown b. Recognize and receive GFOA's Distinguished Budget Presentation Award for the Fiscal Year 2015 -16 Budget Document. City Council Regular Meeting Minutes April 14, 2016 Page 3 of 21 Ms. Jett presented the agenda item and Mayor DonCarlos presented to members of the Finance Department the GFOA's Distinguished Budget Presentation Award for the Fiscal Year 2015 -16 Budget Document. C. Present the 3rd and 4th of July Celebration schedule and entertainment for 2016. Director of the Parks and Recreation Department, Scott Johnson presented the agenda item and announced the scheduled entertainment line -up for this year's 3rd and 4th of July Celebrations. He stated that entertainment on the 3rd will be Kiss Alike and America. He stated that the entertainment for the 4th will include the Bud Heat Wave Run at 7:00 A.M., opening of vendor booths at 4:00 P.M., John Del Toro Richardson on stage at 4:30 P.M., the parade at 5:30 P.M., Whiskey Myers on stage at 6:00 P.M., the Josh Abbott Band on stage at 8:00 P.M., followed by the Fireworks Extravaganza at 9:30 P.M. Ms. Wanda Malone registered to speak before Council regarding agenda item 2.c. and stated that the African American citizens of Baytown need representation in forms of entertainment for this event. 3. REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS Mayor DonCarlos recommended that agenda items 3.a. and 3.b. be considered together. a. Consider an ordinance authorizing an agreement with the Reinvestment Zone Number One, City of Baytown, Texas, concerning the issuance of Certificates of Obligation for the construction of San Jacinto Boulevard and other related improvements. b. Consider a resolution authorizing the publication of the Notice of Intent (NOI) to issue Combination Tax and Revenue Certificates of Obligation, Series 2016; and approving the preparation of one or more preliminary official statements and notices of sale. Director of Finance, Wade Nickerson presented the agenda items and stated that Ordinance No. 13,162 authorizes an agreement with the Reinvestment Zone Number One, City of Baytown, Texas (the "TIRZ "), concerning the issuance of Certificates of Obligation for the construction of San Jacinto Boulevard and other related improvements. Additionally, he stated that in an attempt to refund some of the old TIRZ debt that's already outstanding, but because of the previous agreement that didn't allow for such as state law prohibits the City for paying off someone else's debt; therefore this agreement removes that language from the previous agreement insinuating such notion. Mr. Nickerson stated that Resolution No. 2411 authorizes the publication of the Notice of Intent (NOI) to issue Combination Tax and Revenue Certificates of Obligation, Series 2016; and approves the refunding of old general obligation. He stated that there are three (3) old general obligations that will be issued for a refund which will save under $4 million dollars in the future years. City Council Regular Meeting Minutes April 14, 2016 Page 4 of 21 A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving agenda items 3.a. (Ordinance No. 13,162) and 3.b. (Resolution No. 2411). 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. 13,162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION FOR THE CONSTRUCTION OF SAN JACINTO BOULEVARD AND OTHER RELATED IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 2411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE PREPARATION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND NOTICES OF SALE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. ANNEXATION AND REZONING OF APPROXIMATELY 9.58 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 9.58 acres of land, part of and out of Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, located on the south side of I -10 approximately 600 feet west of Thompson Road. Director of Planning and Community Development Services, Tiffany Foster stated that agenda items 4.a. through 4.d. are associated with the same parcel of property of approximately 9.58 acres. She stated that Ordinance No. 13,146 is for the second and final reading regarding the proposed voluntary annexation of such land which is south of I -10 west of Thompson Road. She stated that the applicant is seeking annexation in order to market the property for sale. City Council Regular Meeting Minutes April 14, 2016 Page 5 of 21 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 13,146. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Not Present for Vote) Approved ORDINANCE NO. 13,146 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 9.58 ACRES OF LAND, PART OF AND OUT OF NATHANIEL LYNCH SURVEY, ABSTRACT NO. 44, LOCATED ON THE SOUTH SIDE OF I -10 APPROXIMATELY 600 FEET WEST OF THOMPSON ROAD, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 9.58 acres of land, part of and out of Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, located on the south side of I -10 approximately 600 feet west of Thompson Road into Council District No. 3. Mrs. Foster stated that Ordinance No. 13,163 places the approximately 9.58 acres of land into Council District No. 3. Additionally, she stated that agenda items 4.c. and 4.d. is the public hearing and consideration of Council to zone this property as General Commercial (GC). A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,163. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Not Present for Vote) Approved City Council Regular Meeting Minutes April 14, 2016 Page 6 of 21 ORDINANCE NO. 13,163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 9.58 ACRES OF LAND, PART OF AND OUT OF NATHANIEL LYNCH SURVEY, ABSTRACT NO. 44, LOCATED ON THE SOUTH SIDE OF I -10 APPROXIMATELY 600 FEET WEST OF THOMPSON ROAD, HARRIS COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 9.58 acres of land, located on the south side of the I -10 Frontage Road, approximately 600 feet west of Thompson Road, part of and out of Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, from Open Space/Recreation (OR) to General Commercial (GC). At 6:48 P.M., Mayor DonCarlos opened and conducted the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 9.58 acres of land, located on the south side of the I -10 Frontage Road, approximately 600 feet west of Thompson Road, part of and out of Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, from Open Space/Recreation (OR) to General Commercial (GC). Mrs. Foster stated that the public hearing is to rezone approximately 9.58 acres from Open Space /Recreation (OR) to General Commercial (GC) in order to market for sale in which the rezone request is also consistent with the land in the area. With there being no one registered to speak regarding agenda item 4.c., Mayor DonCarlos closed the public hearing at 6:48 P.M. d. Consider an ordinance approving a proposed amendment to the official zoning map to rezone approximately 9.58 acres of land, located on the south side of I -10 approximately 600 feet west of Thompson Road, part of and out of Nathaniel Lynch Survey, Abstract No. 44, Harris County, Texas, from Open Space/Recreation (OR) to General Commercial (GC). A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,164. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Not Present for Vote) Approved ORDINANCE NO. 13,164 City Council Regular Meeting Minutes April 14, 2016 Page 7 of 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE 9.58 ACRES OF LAND, PART OF AND OUT OF NATHANIEL LYNCH SURVEY, ABSTRACT NO. 44, HARRIS COUNTY, TEXAS, LOCATED ON THE SOUTH SIDE OF I -10 APPROXIMATELY 600 FEET WEST OF THOMPSON ROAD FROM AN OPEN SPACE /RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. ANNEXATION OF APPROXIMATELY 1.9 ACRES OF LAND a. Conduct the fast public hearing concerning the voluntary annexation of approximately 1.77 acres of land, save and except land previously annexed (approximately 1.19 acres) by Ordinance No. 5,388, located at 6822 North State Highway 146, legally described as part of and out of Jacob Armstrong Survey, Abstract No. 2, Chambers County, Texas. At 6:49 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the voluntary annexation of approximately 1.77 acres of land, save and except land previously annexed (approximately 1.19 acres) by Ordinance No. 5,388, located at 6822 North State Highway 146, legally described as part of and out of Jacob Armstrong Survey, Abstract No. 2, Chambers County, Texas. Mrs. Foster stated that this is the first public hearing for the proposed voluntary annexation of approximately 1.77 acres of land, in which the applicants' purpose of the annexation is for future retail /commercial development. With there being no one registered to speak regarding agenda item 5.a., Mayor DonCarlos closed the first public hearing at 6:50 P.M. b. Conduct the second public hearing concerning the voluntary annexation of approximately 1.77 acres of land, save and except land previously annexed (approximately 1.19 acres) by Ordinance No. 5,388, located at 6822 North State Highway 146, legally described as part of and out of Jacob Armstrong Survey, Abstract No. 2, Chambers County, Texas. At 6:50 P.M., Mayor DonCarlos opened and conducted the second public hearing concerning the voluntary annexation of approximately 1.77 acres of land, save and except land previously annexed (approximately 1.19 acres) by Ordinance No. 5,388, located at 6822 North City Council Regular Meeting Minutes April 14, 2016 Page S of 21 State Highway 146, legally described as part of and out of Jacob Armstrong Survey, Abstract No. 2, Chambers County, Texas. With there being no one registered to speak regarding agenda item 5.b., Mayor DonCarlos closed the second public hearing at 6:50 P.M. 6. a. Consider an ordinance authorizing the Fifth Amendment to the Professional Services Agreement with KhMey -Horn and Associates, Inc., for the San Jacinto Boulevard Project. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 13,165 authorizes the Fifth Amendment to the Professional Service Agreement with Kimley- Horn and Associates, Inc., in an amount not to exceed $76,400 for the San Jacinto Boulevard Project. He stated that this amendment includes design of required retaining walls and landscape architecture for the construction of the public art within the limits of the proposed roundabout, and revisions to the storm sewer system and a couple of detention ponds. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney approving Ordinance No. 13,165. 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. 13,165 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIFTH 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 ADDITIONAL AMOUNT NOT TO EXCEED SEVENTY -SIX THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($76,400.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Professional Service Agreement with Kimley- Horn and Associates, Inc., for engineering services for the San Jacinto Boulevard Project - Phase 2. City Council Regular Meeting Minutes April 14, 2016 Page 9 of 21 Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,166 authorizes a Professional Service Agreement with Kimley -Hom and Associates, Inc., for engineering services for the San Jacinto Boulevard Project - Phase 2, for an amount not to exceed $588,300. He stated that the scope of services includes the final design, bid phase, and construction phase services, as well as, permitting, pipeline and utility coordination. He further stated that this project is the second of two phases for the San Jacinto Boulevard Project, extending from approximately Santavy Road down to Cedar Bayou Lynchburg. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving Ordinance No. 13,166. 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. 13,166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC., FOR THE SAN JACINTO BOULEVARD PROJECT — PHASE 2; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED EIGHTY -EIGHT THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($588,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an earnest money contract with Moms Against Hunger for the purchase of a 21.885 -acre tract of land along Tabbs Bay, located west of Evergreen Road. Mr. Scott Johnson presented the agenda item and stated that Ordinance No. 13,167 authorizes an earnest money contract with Moms Against Hunger for the purchase of a 21.885 -acre tract of land along Tabbs Bay, located west of Evergreen Road. He stated that the San Jacinto Waste Pit grant was submitted for the acquisition and development of this property. He stated that if the grant is successful the property shall be purchased, but if not successful the contract will go away. He stated that in July, staff will know the results of the grant and that the contract can be extended until after the City's receipt of the grant funds. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,167. The vote was as follows: City Council Regular Meeting Minutes April 14, 2016 Page 10 of 21 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. 13,167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY CONTRACT WITH MOMS AGAINST HUNGER FOR THE PURCHASE OF APPROXIMATELY A 21.885 -ACRE TRACT OF LAND ALONG TABBS BAY LOCATED WEST OF EVERGREEN ROAD, AND MORE PARTICULARLY DESCRIBED AS TRACT 4P -1, ABSTRACT 65, W. SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THIRTY -THREE THOUSAND SIX HUNDRED SIXTY AND NO /100 DOLLARS ($333,660.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance rejecting the bids for the Hugh Wood Lift Station and Little Missouri Lift Station Improvement Projects received on March 22, 2016. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,168 rejects all bids for the Hugh Wood Lift Station and Little Missouri Lift Station Improvement Projects received on March 22, 2016. Additionally, he stated that the recommendation for the bids to be rejected is due to the bids being incomplete and/or exceeding the engineer's estimate. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,168. 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 Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,168 City Council Regular Meeting Minutes April 14, 2016 Page 11 of 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS RECEIVED FOR THE HUGH WOOD LIFT STATION AND LITTLE MISSOURI LIFT STATION IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an Advance Funding Agreement for a Surface Transportation Program - Metropolitan Mobility Off - System Project with the State of Texas, through the Texas Department of Transportation, for the design, engineering, and environmental clearance of the Garth Road Widening and Improvements Project. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,169 authorizes the City of Baytown to enter into an Advance Funding Agreement for the Garth Road Widening and Improvements Project. He stated that the scope of work includes the widening of Garth Road to six lanes throughout three segments of the project, raised medians, new sidewalk construction, and additional right turn lanes, where allowable. He stated that the funding will be obligated over a four- to five -year period with a grant amount of $1,332,800 from federal participation, $5,000 from state participation, and $333,200 from the City. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 13,169. 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. 13,169 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 AN ADVANCE FUNDING AGREEMENT FOR A SURFACE TRANSPORTATION PROGRAM - METROPOLITAN MOBILITY OFF - SYSTEM PROJECT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR DESIGN ENGINEERING AND ENVIRONMENTAL CLEARANCE OF THE GARTH ROAD WIDENING AND IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED THREE HUNDRED THIRTY -THREE THOUSAND TWO HUNDRED AND NO /100 DOLLARS ($333,200.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 14, 2016 Page 12 of 21 7. PROPOSED RESOLUTIONS a. Consider a resolution opposing the Gulf Coast Community Protection and Recovery District's proposed Central Region Alternative No. 2 of the Gulf Coast Community Protection and Recovery District Storm Suppression Study, and supporting the District's Central Regional Alternative No. 1. Mayor DonCarlos presented the agenda item and stated that Resolution No. 2412 registers the City's opposition to the Gulf Coast Community Protection and Recovery District's (the "District ") proposed Central Region Alternative No. 2 ( "CR #2 ") of the Gulf Coast Community Protection and Recovery District Storm Suppression Study (the "Study "), and supporting the District's Central Regional Alternative No. 1 of the Study ( "CR #1 "). He stated that specifically, CR #2 offers protection to some areas of the Gulf Coast, but leaves many coastal communities exposed to the dangers of storm surge and fails to protect several petrochemical and Port of Houston installations. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving Resolution No. 2412. 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 Tent' Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING ITS OPPOSITION TO THE PROPOSED CENTRAL REGION ALTERNATIVE NO. 2 OF THE GULF COAST COMMUNITY PROTECTION AND RECOVERY DISTRICT STORM SUPPRESSION STUDY; REGISTERING ITS SUPPORT OF THE PROPOSED CENTRAL REGION ALTERNATIVE NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos requested that agenda items 7.b. and 7.c. be considered together. b. Consider a resolution authorizing the City to apply to the FY2016 Port Security Grant Program on behalf of the City of Baytown's Police and Fire Departments. C. Consider a resolution authorizing the City to apply to the Houston Ship Channel Security District on behalf of the City of Baytown's Fire and Police Departments. City Council Regular Meeting Minutes April 14, 2016 Page 13 of 21 Police Chief Dougherty presented the agenda item and stated that Resolution No. 2413 authorizes the City to apply to FEMA through the U.S. Department of Homeland Security's FY 2016 Port Security Grant Program (PSGP) for the purchase of$431,000 worth of equipment from the Bay Area Regional Bomb Squad (BARBS) and $200,000 to fund a rescue boat and trailer, PPE and swift water rescue training. Additionally, he stated that the Port Security Grant Program requires a 25% local match. Chief Dougherty stated that Resolution No. 2414 authorizes the City to request the 25% local match of $157,750 from the HSCSD on behalf of the Baytown Fire Department and Police Department Bomb Squad. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Resolution No. 2413 and Resolution No. 2414. 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 RESOLUTION NO. 2413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE U.S. DEPARTMENT OF HOMELAND SECURITY'S FY2016 PORT SECURITY GRANT PROGRAM ON BEHALF OF THE BAYTOWN FIRE AND POLICE DEPARTMENTS IN THE AMOUNT OF FOUR HUNDRED SEVENTY -THREE THOUSAND TWO HUNDRED FIFTY AND NO /100 DOLLARS ($473,250.00); AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY -SEVEN THOUSAND SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($157,750.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 2414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE HOUSTON SHIP CHANNEL SECURITY DISTRICT ( HSCSD) ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT AND THE BAYTOWN POLICE DEPARTMENT THE AMOUNT OF ONE HUNDRED City Council Regular Meeting Minutes April 14, 2016 Page 14 of 21 FIFTY -SEVEN THOUSAND SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($157,750.00) FOR (I) EQUIPMENT FOR THE BAY AREA REGIONAL BOMB SQUAD FOR THE POLICE DEPARTMENT AND (II) TRAINING, PERSONAL PROTECTIVE EQUIPMENT AND A RESCUE BOAT AND TRAILER FOR THE FIRE DEPARTMENT; AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution canceling the Thursday, April 28, 2016, City Council Work Session and Regular Meeting and calling for a Special Work Session and Special City Council Meeting to be held on Tuesday, April 26, 2016. City Manager Davis presented the agenda item and stated that Resolution No. 2415 cancels the Thursday, April 28, 2016, City Council Work Session and Regular Meeting and calls for a Special Work Session and Special City Council Meeting to be held on Tuesday, April 26, 2016. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Resolution No. 2415 which cancels the Thursday, April 28, 2016, City Council Work Session and Regular Meeting and calls for a Special Work Session and Special City Council Meeting to be held on Tuesday, April 26, 2016. 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 RESOLUTION NO. 2415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELLING THE WORK SESSION AND REGULAR MEETING SCHEDULED FOR APRIL 28, 2016, CALLING A SPECIAL WORK SESSION AND SPECIAL COUNCIL MEETING TO BE HELD ON APRIL 26, 2016; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. a. Present overview of the City of Baytown Pavement Condition Index (PCI). Director of Public Works, Frank Simoneaux presented an overview of pavement management to include the City of Baytown Pavement Condition Index (PCI), pavement condition, problems, causes, tradition solutions, and pavement preservation. He stated that Transmap completed a study of the City of Baytown streets using the pavement condition index system which rates the streets on a scale of 0 to 100 with a perfect rate being 100 and a failed rate being zero (0). He City Council Regular Meeting Minutes April 14, 2016 Page 15 of 21 stated that the ratings list as follows: 86 -100 good; 71 -85 satisfactory; 51 -70 fair; 26 -50 poor; and 0 -25 very poor. He stated that the streets in Baytown's are 44% in asphalt and 56% in concrete. He stated that of the 134.83 miles of asphalt the weighted average PCI is 72 and of the 167.22 miles of concrete is 73. During further discussion of the asphalt pavement, he stated that half of the streets are residential with the remaining being arterial and collector with them all having an overall PCI within the same range. In regards to concrete pavement, he stated that a little over half of the streets are residential, about 20% are collector, and 26% are arterial with them all having fluctuating PCI's. Mr. Simoneaux stated that asphalt, which is hot mix asphaltic, concrete, is a flexible pavement that's less expensive to install and maintain but has a shorter life cycle. He stated that concrete, which is a portland cement concrete rigid pavement, is more expensive to install and maintain but has a longer life cycle. He further stated that it's very important to get concrete structured and designed correctly so that with proper maintenance it can last for a longer time. Mr. Simoneaux stated that some of the common causes of failed asphalt or concrete pavements include improper design and/or construction, water infiltration, and extreme temperatures. He stated that others causes of failed asphalt pavement include weathering (UV deterioration) and loss of asphalt components. He stated that asphalt pavement over a period of time becomes brittle then shrinks and cracks. He stated that once it shrinks it allows moisture into the cracks which then starts to erode the base that starts alligator cracking and with weathering develops into potholes. As it relates to concrete pavement, he stated that other causes of failed concrete pavement include soil movement and overloading which causes buckling, settling, or cracking. Additionally, he stated that the pavements should be properly designed to uphold the structure of whatever loads it will seek. During further discussion, Mr. Simoneaux stated that the traditional solutions for pavement maintenance include the following for asphalt: pothole repair, crack seal, mill and overlay, and reconstruction. He stated that the solution for concrete include panel replacement and reconstruction. He further stated that pavement preservation is a solution for pavement maintenance to be used while the pavements are still in good condition and rejuvenate the pavement by putting the products back into the pavement to retain its flexibility. As it relates to the asphalt, he stated that it is less expensive to rejuvenate the good pavement rather waiting until the pavement fails and repair it. He stated that preservation for concrete is focused on sealing cracks and keeping the moisture from infiltrating to the base. Mr. Simoneaux stated that some of the pavement repairs that were typically contracted out were done in house and therefore will continue. Additionally, he stated that although a pavement preservation strategy is developed a detailed plan will be done during the budget cycle. Council Member McCartney stated that there was a promise that from the bond funds the roads in Bay Oaks Harbor which are the worst roads in Baytown would be paved in 2016, and further inquired when they would be done. Deputy City Manager, Ron Bottoms stated that the improvements to those streets were to be done once the street maintenance tax was passed; therefore since passing the intent is still pave those streets. City Council Regular Meeting Minutes April 14, 2016 Page 16 of 21 Mayor DonCarlos requested that once the proposed street list is prepared that Council receives a copy and be allowed to have input before work is started on them. 9. CONSENT Consent agenda item 9.f was pulled for discussion. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 9.a, 9.b., 9.d. 9.e, and 9.g. through 9.j. 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 a. Consider an ordinance authorizing an Industrial District Agreement with North Den Holdings, LTD. ORDINANCE NO. 13,170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTHDEN HOLDINGS, LTD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Production Agreement with Texas - Pictures for a documentary film describing the dangers of synthetic marijuana. ORDINANCE NO. 13,171 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PRODUCTION AGREEMENT WITH TEXAS - PICTURES FOR A FEATURE - LENGTH DOCUMENTARY FILM ENTITLED "THE LAST HIGH" DESCRIBING THE DANGERS OF SYNTHETIC MARIJUANA; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY -ONE THOUSAND TWO HUNDRED EIGHTY AND NO /100 DOLLARS ($61,280.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 14, 2016 Page 17 of 21 d. Consider an ordinance renewing the 2015 Annual Mill & Overlay Project for Year 2 with Angel Brothers Enterprises, LTD. ORDINANCE NO. 13,172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2015 MILL AND OVERLAY PROJECT FOR YEAR 2 WITH ANGEL BROTHERS ENTERPRISES, LTD; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION AND NO/ 100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the Third Amendment to the Professional Services Agreement with Terracon Consultants, Inc., for the Joint 911 Emergency Communications and Information Technology Services Center Project. ORDINANCE NO. 13,173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR THE JOINT 911 EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN ADDITIONAL AMOUNT NOT TO EXCEED TEN THOUSAND SIX HUNDRED ELEVEN AND 75/100 DOLLARS ($10,611.75); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution approving name changes to three City of Baytown parks used by the Baytown Little League Association. RESOLUTION NO. 2416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENAMING EAST LITTLE LEAGUE PARK TO CHAMPIONS PARK, NORTH LITTLE LEAGUE PARK TO AMERICAN BALL PARK, AND CENTRAL LITTLE LEAGUE PARK TO NATIONAL BALL PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution approving the issuance of $2,000,000 Unlimited Tax Bonds, Series 2016, by Harris County Municipal Utility District No. 459, as meeting the requirements of Section 98- 703(17) of the Code of Ordinances, Baytown, Texas. RESOLUTION NO. 2417 City Council Regular Meeting Minutes April 14, 2016 Page 18 of 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459'S ISSUANCE OF $2,000,000 UNLIMITED TAX BONDS, SERIES 2016, AS MEETING THE REQUIREMENTS OF SECTION 98- 703(17) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution denying the Distribution Cost Recovery Factor Rate increase proposed by CenterPoint Energy Houston Electric, LLC, and authorizing participation in the related rate proceedings through the Texas Coast Utilities Coalition. Council Member Hoskins requested that consent agenda item 9.i. be detailed for informational purposes. In response to Council Member Hoskins request, City Attorney, Ignacio Ramirez stated that Centerpoint Energy periodically requests for rate increases. He stated that this specific request is so voluminous as it relates to the time to review it; therefore it is denied for such purposes and once reviewed is brought back for a decision. RESOLUTION NO. 2418 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, MADE ON OR ABOUT APRIL 4, 2016; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. j. Consider a resolution authorizing the City Manager to submit three applications to the State of Texas, Office of the Governor for the FY2016 Houston Urban Area Security Initiative (UASI) on behalf of the Police and Fire Departments. RESOLUTION NO. 2419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR FOR THE FY2016 HOUSTON URBAN AREA SECURITY INITIATIVES ON BEHALF OF THE BAYTOWN POLICE AND FIRE DEPARTMENTS IN THE AMOUNT OF THREE HUNDRED TWENTY -FIVE THOUSAND SEVEN HUNDRED EIGHTY -ONE AND 05/100 DOLLARS ($325,781.05) FOR THE PURCHASE OF EQUIPMENT TO SUPPORT AND SUSTAIN (1) TYPE I BOMB SQUAD, (II) TYPE II REGIONAL STRUCTURAL COLLAPSE AND TECHNICAL RESCUE, AND (III) TYPE I HAZMAT /CBRNE, AND, City Council Regular Meeting Minutes April 14, 2016 Page 19 of 21 AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos requested that consent agenda item 9.f be tabled until after the executive session. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving to table consent agenda item 9.f. until after the executive session. 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 10. a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to business prospects and to seek the advice of the City Attorney on legal matters related thereto. At 7:31 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to business prospects and to seek the advice of the City Attorney on legal matters related thereto. At 9:07 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. Council Member Renteria exited the executive session at 8:59 P.M. 9.f. Consider an ordinance authorizing Change Order No. 3 to the Demolition Contract for 1105 Decker Drive with Inland Environments, LTD. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving for consent agenda item 9.f. to be brought back before Council for consideration. The vote was as follows: City Council Regular Meeting Minutes April 14, 2016 Page 20 of 21 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain Nays: None Other: Council Member Mercedes Renteria III (Not Present for Vote), Council Member Chris Presley (Not Present for Vote) Approved A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving to suspend consent agenda item 91 not to exceed 180 days. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain Nays: None Other: Council Member Mercedes Renteria III (Not Present for Vote), Council Member Chris Presley (Not Present for Vote) Approved 11. MANAGER'S REPORT a. The 35th Annual Baytown Special Olympics Track Meet will be held on Saturday, April 23, 2016, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road, Baytown, Texas. Mr. Scott Johnson presented the agenda item and stated that the 35th Annual Baytown Special Olympics Track Meet will be held on Saturday, April 23, 2016, at the Robert E. Lee High School Track. Mr. Nick Woolery presented an update in regards to strategic planning. He stated that the Advisory Committee of Imagine Baytown had meetings that included city employees, Kiwanis, Rotary, and Non Profits. He stated that the website is available for residents to participate in an online survey and that dates and locations for the upcoming six (6) communities meeting will be provided in which Committee Member Heather Betancourth of Chevron Phillips will be contacting each council member to work on promoting that event. Additionally, he stated that there will be more meetings in May to include school principals and others. City Council Regular Meeting Minutes April 14, 2016 Page 21 of 21 Council Member Capetillo inquired if there was an agreement whereas the City could send a notice to the children through the school district. Mr. Woolery stated that they will pursue that option. 12. ADJOURN A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Brandon Capetillo adjourning the April 14, 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, Mayor Pro Tern Terry Sain Nays: None Other: Council Member Mercedes Renteria III (Not Present for Vote), Council Member Chris Presley (Not Present for Vote) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 14, 2016, City Council Regular Meeting at 9:15 P.M. 64-�- Leticia Brysch, City Clerk City of Baytown N .^