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2016 04 26 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 26, 2016 The City Council of the City of Baytown, Texas, met in a Special Meeting on Tuesday, April 26, 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 26, 2016, City Council Special 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 Sain. 1. MINUTES a. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on March 24, 2016. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving the March 24, 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 Tern Terry Sain, Council Member Chris Presley Nays: None Approved City Council Special Meeting Minutes April 26, 2016 Page 2 of 13 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. K M. Williamson requested to appear before Council in regards to road conditions at railroad crossings on Baker Road and at the intersection of Bayway Drive and Petterson Street. Mr. Williamson stated that the conditions of the road at the railroad crossing on Baker Road need to be addressed. b. Present a proclamation designating May as Motorcycle Safety and Awareness Month in Baytown. Director of Strategic Initiatives, Nick Woolery presented the agenda item and Mayor DonCarlos presented to Xavier Watt a proclamation designating May as Motorcycle Safety and Awareness Month in Baytown. C. Recognize the March of Remembrance event on Saturday, May 07, 2016. Director of Strategic Initiatives, Nick Woolery presented the agenda item and Mayor DonCarlos presented to Pastor Jim Gill recognizing the March of Remembrance event on Saturday, May 07, 2016. He stated that the event will begin at 2:00 P.M. at Memorial Baptist Church (600 W. Sterling Street), with a service of Remembrance, and will be followed by a walk at 3:15 P.M. d. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their Years of Service. 5 Years Holly Pinkston, Parks Admin. Assistant Latanya Henderson, Public Works Chief Lab Technician 10 Years Cameron Burch, Police Patrol Officer 30 Years John Gilbert, Fire Mechanic Supervisor 3. ECONOMIC DEVELOPMENT PROJECT Mayor DonCarlos stated that agenda items 3.a. and 3.b. weren't prepared for consideration and recommended that they be moved to the May 12, 2016, meeting agenda. a. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding of a development project. City Council Special Meeting Minutes April 26, 2016 Page 3 of 13 b. b. Consider an ordinance authorizing a Chapter 380 Agreement for a development project. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Chris Presley approving to suspend agenda items 3.a. and 3.b. to the May 12, 2016, Council meeting agenda. 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 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing a construction contract and a deductive change order with Angel Brothers Enterprises, LTD, for the San Jacinto Blvd. Phase 1 Project. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 13,174 authorizes a construction contract and a deductive change order with Angel Brothers Enterprises, LTD, for the San Jacinto Blvd. Phase 1 Project, in the amount of $15,527,231.45. He stated that the deductive change order was for the fiber optic support portion of the project that's being omitted. He stated that the project consists of a new four -lane divided roadway extension of San Jacinto Blvd. from I -10 to 800 -feet south of Santavy Road, all paving, a roundabout located at the future intersection of Hunt Rd and San Jacinto Blvd, drainage, utilities, landscaping, and illumination. Additionally, he stated that two (2) bids were received and publicly opened on April 12, 2016, in the Baytown Council Chambers, whereas Angel Brothers Enterprises LTD was the low bidder. Mayor DonCarlos inquired of the reason for the deductive change order of the fiber optic support. City Manager Davis stated that as the cost came in higher than expected; getting the most bangs for the buck was considered with more focus being on the electrical burial and esthetic elements that would make the city a showpiece corridor for the community. Mayor DonCarlos along with the consensus of the council members recommended including the fiber optic portion back into the project. Council Member McCartney stated that the winning bid included a decent rate to open the road all the way and inquired as to why was that option not considered. In response to Council Member McCartney's inquiry, City Manager Davis stated that one of the reasons for moving forward with the design at this meeting is because the design has to be complete before a solid agreement on prices such as this can be made. City Council Special Meeting Minutes April 26, 2016 Page 4 of 13 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving Ordinance No. 13,174 with an addendum that the deductive change order amount be included back into the original contract amount. 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. 13,174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES, LTD, FOR THE SAN JACINTO BLVD PHASE I PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF FIFTEEN MILLION SIX HUNDRED EIGHTY -FIVE THOUSAND THREE HUNDRED SIXTY -THREE AND 45/100 DOLLARS ($15,685,363.45); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding the engineering and professional services for the Hunt Road Extension East of Garth Road Project Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,175 authorizes an interlocal agreement with the Baytown Municipal Development District ( "MDD ") for funding the engineering and professional services for the extension of Hunt Road east of Garth Road (the "Project "). He stated that pursuant to the agreement the MDD will pay an amount not to exceed $132,170 for design, bid, and construction phase services for the Project, which will extend Hunt Road eastward for approximately 1100 -feet. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,175. 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 City Council Special Meeting Minutes April 26, 2016 Page 5 of 13 ORDINANCE NO. 13,175 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 ENGINEERING AND PROFESSIONAL SERVICES FOR THE HUNT ROAD EXTENSION EAST OF GARTH ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a professional service agreement with Busch, Hutchison and Associates, Inc., d/b /a Hutchison and Associates for the Hunt Road Extension East of Garth Road Project. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,176 authorizes a professional service agreement with Hutchison and Associates for the Hunt Road Extension East of Garth Project in an amount not to exceed $132,170.00. He stated that the scope of work for this project includes engineering services for the design, bid, and construction phases of the Hunt Road extension from Garth Road to approximately 1 100 feet eastward. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,176. 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. 13,176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BUSCH, HUTCHISON AND ASSOCIATES, INC., D /B /A HUTCHISON & ASSOCIATES, FOR THE HUNT ROAD EXTENSION EAST OF GARTH ROAD PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY - TWO THOUSAND ONE HUNDRED SEVENTY AND NO /100 DOLLARS ($132,170.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes April 26, 2016 Page 6 of 13 d. Consider an ordinance authorizing a professional service agreement with Busch, Hutchison and Associates, Inc., d/b /a Hutchison and Associates for the Hunt Road Extension West of Garth Road Project. Mr. Pastrana presented the agenda and Ordinance No. 13,177 authorizes a professional service agreement with Hutchison & Associates for the Hunt Road Extension West of Garth Road Project in an amount not to exceed $109,150. He stated that the scope of work for this project includes Engineering Services for the design, bid, and construction phases for the Hunt Road extension from the Academy Store to San Jacinto Boulevard. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,177. 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. 13,177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BUSCH, HUTCHISON AND ASSOCIATES, INC., DB /A HUTCHISON & ASSOCIATES, FOR THE HUNT ROAD EXTENSION WEST OF GARTH ROAD PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINE THOUSAND ONE HUNDRED FIFTY AND NO /100 DOLLARS ($109,150.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending March 31, 2016. Finance Director, Wade Nickerson presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending March 31, 2016, which is approximately half way through the budget year. He stated that property taxes came in at approximately $23 million so far and exceeds what was budgeted for the year. He stated that the IDA revenues have also exceeded budgeted expectations of about $500,000 this year. Mr. Nickerson stated that the sales tax revenues came in slightly over what was budgeted and was 6% over the prior year. He further stated that the operating expenses are being maintained according to the budgeted expectations. City Council Special Meeting Minutes April 26, 2016 Page 7 of 13 As it relates to the investment report, Mr. Nickerson stated that the quarterly earnings were $142,000, with a rate of .44% which was an increase from the last quarter. 6. CONSENT City Manager Davis recommended that consent agenda item 9.c. be considered after the executive session. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 6.a. through 61. with the exception of item 6.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 a. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the funding of the I -10 Lift Station Upsizing Project. ORDINANCE NO. 13,178 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 I -10 LIFT STATION UPSIZING PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution suspending CenterPoint Energy's proposed effective date related to its increase in gas utility rates under the Gas Reliability Infrastructure Program filed on or about March 31, 2016, and authorizing participation in Texas Coast Utilities Coalition, a coalition of similarly situated municipalities represented by the law firm of Herrera & Boyle, PLLC. RESOLUTION NO. 2420 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUSPENDING THE EFFECTIVE DATE OF THE APPLICATION OF CENTERPOINT ENERGY RESOURCES CORP., TEXAS COAST DIVISION, TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM FOR FORTY -FIVE DAYS; AUTHORIZING City Council Special Meeting Minutes April 26, 2016 Page 8 of 13 PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION'; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE. d. Consider an ordinance authorizing the transfer of LEPC funds from the City of Baytown Emergency Management Fund to the Greater Baytown - Chambers County LEPC and end the City of Baytown's fiscal stewardship of LEPC funds. ORDINANCE NO. 13,179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE TRANSFER OF THE FUNDS, HELD IN TRUST FOR THE GREATER BAYTOWN - CHAMBERS COUNTY LEPC, FROM THE CITY OF BAYTOWN'S EMERGENCY MANAGEMENT FUND TO THE GREATER BAYTOWN- CHAMBERS COUNTY LEPC; TERMINATING THE FISCAL STEWARDSHIP OF SUCH FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving a construction contract between the Baytown Area Water Authority and R &B Group, Inc., for the Plant Water Pump Station project. ORDINANCE NO. 13,180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND R &B GROUP, INC., FOR THE PLANT WATER PUMP STATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the renewal of the Annual Wood Grinding and Material Handling Services Contract to Novus Wood Group, L.P. ORDINANCE NO. 13,181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT WITH NOVUS WOOD GROUP, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TEN THOUSAND AND NO /100 DOLLARS ($210,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes April 26, 2016 Page 9 of 13 g. Consider an ordinance awarding the Annual Concrete Aggregate Contract to Smart Materials Inc. ORDINANCE NO. 13,182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SMART MATERIALS, INC., FOR THE ANNUAL CONCRETE AGGREGATE CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance awarding a construction contract to General Contractor Services, Inc., through the USA General Services Administration (GSA), for a Hydro -Stop Roofing Project at the Baytown Public Works Supervisor Building (part of the MSC). ORDINANCE NO. 13,183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY -SIX THOUSAND SEVEN HUNDRED ELEVEN AND NO /100 DOLLARS ($96,711.00) TO GENERAL CONTRACTOR SERVICES, INC., THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATES GENERAL SERVICES ADMINISTRATION FOR HYDRO -STOP ROOFING PROJECT AT THE BAYTOWN PUBLIC WORKS SUPERVISOR BUILDING; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the purchase of an underwater breathing system for Baytown Police Department's Type II USRT/DIVE Team from Tom's Dive & Swim. ORDINANCE NO. 13,184 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TOM'S DIVE & SWIM FOR THE PURCHASE OF ONE UNDERWATER BREATHING SYSTEM FOR THE BAYTOWN POLICE DEPARTMENT'S TYPE II UNDERWATER SEARCH AND RESCUE /DIVE TEAMAND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY -THREE THOUSAND SEVEN HUNDRED SIXTY -EIGHT AND 68/100 DOLLARS ($53,768.68); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes April 26, 2016 Page 10 of 13 j. Consider an ordinance authorizing the purchase of one (1) 2016 Pierce Quantum Pumper Truck for the Fire Department through the Houston - Galveston Area Council. ORDINANCE NO. 13,185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED TWENTY THOUSAND THREE HUNDRED NINETY -NINE AND NO /100 DOLLARS ($720,399.00) TO SIDDONS MARTIN EMERGENCY GROUP, LLC, THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2016 PIERCE QUANTUM PUMPER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of Motorola radio equipment, software license, and installation services. ORDINANCE NO. 13,186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINETY - NINE THOUSAND EIGHT HUNDRED NINETY -FOUR AND NO /100 DOLLARS ($199,894.00) TO MOTOROLA SOLUTIONS, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) MCC7500 RADIO CONSOLES, A MOTOROLA AIS COMPUTER (ARCHIVE INTERFACE SERVER) FOR THE DSS EQUATURE VOICE RECORDING SYSTEM, MISCELLANEOUS NETWORK EQUIPMENT AND LICENSE, AND ENGINEERING SERVICES FOR THE MOVE OF DISPATCH FROM 3200 N. MAIN (PD) TO 7800 N. MAIN (911 CENTER); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider appointments to the Baytown Municipal Development District. City Clerk, Leticia Brysch presented the agenda item to consider the appointments of Director Mary Hernandez, At -Large Resident; Director Reggie Brewer, At -Large Resident; Director Terry Sain, District 4 Council Member; Director Robert C. Hoskins, District 5 Council Member; and Director David McCartney, District 6 Council Member to the Baytown Municipal Development District for another two year term. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the appointments of Mary Hernandez, At -Large Resident; Reggie Brewer, At -Large Resident; Terry Sain, District 4 Council Member; Robert C. Hoskins, City Council Special Meeting Minutes April 26, 2016 Page 11 of 13 District 5 Council Member; and David McCartney, District 6 Council Member, to the Baytown Municipal Development District. 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 8. MANAGER'S REPORT Director of Parks and Recreation, Scott Johnson presented agenda items 8.a through 8.e. a. The City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 29, 2016, at the Town Square from 9:00 A.M. to 3:00 P.M. b. The Kidz Days will be held Saturday, April 30th, and Saturday, May 28th, from 10:00 A.M. to 2:00 P.M. at the Town Square. C. The inaugural Texas Avenue Music Fest, "Straight Outta Baytown ", will be held at Town Square on Saturday, April 30th from 4:00 P.M. to 11:00 P.M. d. The Parks and Recreation Department will host the Spring Community Yard Sale at the Town Square on Saturday, May 7th, between 8:00 A.M. and 2:00 P.M. The Town Square is located at 213 West Texas Avenue. C. Pirates Bay Water Park opens for its seventh season on Saturday, April 30th. Mr. Johnson stated that Arbor Day will be celebrated on Friday, April 29, 2016, at the Town Square located at 213 West Texas Avenue, from 9:00 A.M. to 3:00 P.M. while supplies last and a limit of three (3) trees per person. He stated that the Kidz Days will be held on Saturday, April 30`h, and Saturday, May 28th, from 10:00 A.M. to 2:00 P.M., at the Town Square to include activities such as multiple moon walks, an inflatable obstacle course, a giant coloring wall, multiple clowns and magic shows, and food and drink vendors. Mr. Johnson stated that the inaugural Texas Avenue Music Fest, (appropriately themed "Straight Outta Baytown "), will be the first live music event to hit the stage at the NEW Town Square, whereas, Saturate and Positive Disturbance, two legendary bands, will perform on Saturday, April 30th, from 4:00 P.M. to 11:00 P.M. He further stated that the Spring Community Yard Sale will be at the Town Square on Saturday, May 7th, between 8:00 A.M. and 2:00 P.M. Additionally, he stated that Pirates Bay Water Park opens on Saturday, April 30th, at 10:00 A.M., on weekends in May including Memorial Day, and for daily operations beginning Friday, June 3rd. City Council Special Meeting Minutes April 26, 2016 Page 12 of 13 Mr. Woolery presented an update regarding the Imagine Baytown initiative by providing Council with small postcards that included access information regarding the project. He stated that as of April 18, 2016 there were 380 survey responses and 1,600 as of April 25, 2016. He stated that at the end of May, the committee will review the surveys for demographic diversity purposes, so in the event that a certain demographic is missing, they will pursue their input through the month of June to have enough data to summarize in July. Additionally, he stated that paper surveys are available for those that may request them. 9. a. Recess into and conduct an executive session pursuant to Section 551.071 to seek the advice of the City attorneys on legal matters related to (i) Cause No. 2016 - 06852; TD Reo Fund LLC v. City of Baytown; In the 80th Judicial District, Barris County, Texas, and (ii) Change Order No. 3 to the Demolition Contract for 1105 Decker Drive with Inland Environments, LTD. At 7:06 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.071 to seek the advice of the City attorneys on legal matters related to (i) Cause No. 2016 - 06852; TD Reo Fund LLC v. City of Baytown; In the 80th Judicial District, Harris County, Texas, and (ii) Change Order No. 3 to the Demolition Contract for 1105 Decker Drive with Inland Environments, LTD. At 7:23 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Special Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. 6.c. 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 Chris Presley and seconded by Council Member Mercedes Renteria III approving consent agenda item 6.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. 13,187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH INLAND ENVIRONMENTS, LTD, FOR THE DEMOLITION OF 1105 DECKER City Council Special Meeting Minutes April 26, 2016 Page 13 of 13 DRIVE, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY -TWO THOUSAND FOUR HUNDRED EIGHTY -THREE AND 50 /100 DOLLARS ($162,483.50); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. ADJOURN A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III adjourning the April 26, 2016, City Council Special 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 Tem Terry Sam, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 26, 2016, City Council Special Meeting at 7:24 P.M. Leticia Brysch, City City of Baytown �... .........