2016 06 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
June 23, 2016
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June
23, 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
Council Member
Robert Hoskins
Council Member
Chris Presley
Council Member
Terry Sain Mayor Pro Tern
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor Pro Tern Sain convened the June 23, 2016, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present with the exception of Mayor DonCarlos, Council
Member McCartney, and Council Member Renteria who were all absent.
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 May 26, 2016.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Brandon Capetillo approving the May 26, 2016, City Council Regular Work Session and Regular
Meeting minutes. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tem Terry Sain, Council Member Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member David McCartney
(Absent), Council Member Mercedes Renteria III (Absent)
Approved
City Council Regular Meeting Minutes
June 23, 2016
Page 2 of 9
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Present the 3rd and 4th of July Celebration schedule and entertainment for 2016.
Director of Parks and Recreation, Scott Johnson presented the agenda item and announced the
scheduled entertainment lineup for this year's 3rd and 4th of July Celebration. He stated that the
celebration begins at 6:00 P.M., Sunday, July 3rd, with the Houston area band "Kiss Alike" to
perform followed by classic rock legend "America" at 8:00 P.M. He stated that the 4th of July
celebration begins at 7:00 A.M., with the 27th annual Baytown Bud Heatwave 5 Mile Run
sponsored by Wismer Distributing Co., following up with the opening of vendor booths at 4:00
P.M. He further stated that the remaining day events includes entertainment from John Del Toro
Richardson at 4:30 P.M., the Annual 4th of July Parade at 5:30 P.M., Whiskey Myers taking the
stage at 6:00 P.M., the traditional ceremony at 7:45 P.M., performance from the Josh
Abbott Band at 8:00 P.M, and the Fireworks Extravaganza at 9:30 P.M.
b. 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.
15 Years
Austin Little, Public Works Crew Chief
Aaron Crowell, Police Patrol Officer
25 Years
Calvin Rideau, Public Works Quality Control Inspector
3. PROPOSED ORDINANCES
a. Consider an ordinance authorizing a Conceptual Planning Agreement with
Gatehouse Capital Corporation concerning the development of a hotel and conference
center at Bayland Island.
City Manager Davis presented the agenda item and stated that Ordinance No. 13,219 authorizes a
Conceptual Planning Agreement with Gatehouse Capital Corporation concerning a hotel and
conference center at Bayland Island.
Mr. Porter Flewellen registered to speak regarding agenda item 3.a. He stated that the elected
officials are tasked with making decisions that are in the best interest of the tax payers and
requested from the attending council members if this project is a need for the City or a want for
Council. Additionally, Mr. Flewellen inquired as to why tax payers' money was being spent on
an entity in Dallas rather than on one within Baytown who's capable of doing the same business.
During further discussion, Council Member Presley recommended that Mr. BJ Simon explain the
process of electing the entity from Dallas to address Mr. Flewellen's inquiry regarding spending
tax money on an entity in Dallas. In an effort to address Mr. Flewellen's inquiry, Mr. Simon
City Council Regular Meeting Minutes
June 23, 2016
Page 3 of 9
stated that a Hotel Conference Center at Bayland Island has been a project explored for a number
of times over the last couple of decades but the process for this project began in December after
the feasibility analysis was conducted by the consultant, CBRE flca PKF. He stated that the
RFP/RFQ was applied to this project three (3) times and although there were a number of entities
in the Houston area, the majority of the prequalified entities with hotel and conference center
concepts that were targeted were in north Texas. Additionally, Mr. Simon stated that according
to the feasibility study this type of project is an asset to Baytown, in which, Gatehouse Capital
Corporation has the excellent reputation in preparing for such.
Mayor Pro Tem Sain inquired if RFP/RFQ's were sent directly to the hotels in hopes of working
directly with them on such project. In response to Mayor Pro Tem Sain's inquiry, Mr. Simon
stated that this model of working through developers and developer references is very similar to
what's experienced in the retail development efforts, whereas it's the broker and developer
community as compared to the brand that actually gets the job done.
Council Member Capetillo inquired for clarity of his understanding that the fees associated with
this contract includes deliverables from this firm that they are going to bring in a top tier signed
document from one that is willing to be committed to Bayland Island. In response to Council
Member Capetillo's inquiry for clarity, Mr. Simon stated that his understanding was correct.
Council Member Presley further inquired as to what happens in the event that the deliverables
are not met. Mr. Simon stated that in the event that does not happen, all of the collateral along
with the work becomes property of the City to move forward with development of the asset as
deemed most appropriate, in which as it currently stands the most appropriate use for Bayland
Island being a hotel and conference center.
During further discussion, Council Member Capetillo stated that there are different types of tax
dollars collected and specific money associated for this project and further requested for City
Manager Davis to elaborate more details of such, for clarity purposes. City Manager Davis stated
that the monies proposed to be used in debt services associated with the development of
the conference center would come from the hotel occupancy tax fund which is tax funding
brought into the city due to the leasing/renting of rooms in hotels. He stated that currently there's
approximately $1.6 million yearly in hotel occupancy tax, in which due to various factors may
decrease somewhat, but with a proposed 150 -200 room hotel would increase revenue again. He
further stated that the debt service would be paid from the hotel occupancy which is not general
tax money. Additionally, City Manager Davis stated that in terms of hotel occupancy tax money
as it relates to this adventure will help pay for the conference center but not its entirety.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Brandon Capetillo approving Ordinance No. 13,219. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tem Terry Sain, Council Member Chris Presley
Nays: None
City Council Regular Meeting Minutes
June 23, 2016
Page 4 of 9
Other: Mayor Stephen DonCarlos (Absent), Council Member David McCartney
(Absent), Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,219
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONCEPTUAL PLANNING AGREEMENT WITH GATEHOUSE CAPITAL
CORPORATION FOR THE DEVELOPMENT OF A HOTEL AND
CONFERENCE CENTER AT BAYLAND ISLAND; AUTHORIZING
PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ELEVEN
THOUSAND AND NO /100 DOLLARS ($111,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance awarding a construction contract to R &B Group, Inc., for
the Hugh Wood Lift Station, Little Missouri Lift Station, and I -10 No. 1 Lift Station
Improvements Project.
Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No.
13,220 awards a Construction Contract to R &B Group, Inc., in the amount of $1,004,300 for the
Hugh Wood Lift Station, Little Missouri Lift Station, and I -10 No. 1 Lift Station Improvements
Project. He stated that this project addresses some of the required repairs /improvements called
upon by TCEQ's approved Sanitary Sewer Overflow Initiative (SSOI) program for our city. He
further stated that the scope of work includes rehab /repairs to Hugh Wood, Little Missouri and I-
10 No. 1 Lift Stations which also includes pumps, valves, piping, controls, electrical and site
improvements. Additionally, he stated that three (3) bids were received and publicly opened in
the Council Chambers on June 07, 2016, whereas R &B Group, Inc., was the lowest responsible
bidder.
Council Member Capetillo inquired of the location of the Little Missouri Lift Station. In
response to Council Member Capetillo's inquiry, Mr. Pastrana stated that the Little Missouri Lift
Station is located at the intersection of New York and Missouri Street.
Mayor Pro Tem Sain inquired as to how much inflow and infiltration (I &I) this project
would eliminate as it relates to overflow. Mr. Pastrana stated that staff handles the lift stations
and due little to I &I because it happens elsewhere. He stated that the Little Missouri Lift Station
goes under water often and this rehab will lift the lines out of the floodplain to keep it from going
under water again which will be significant improvements, but normally I &I would not be
eliminated because of the rehab of a lift station. City Manager Davis stated that one of the
reasons why I &I is so difficult to measure in terms of using as a performance metric is because
this is much a factor of weather and precipitation as it is system capacity. Additionally, City
Manager Davis stated that based on several of the improvements already and currently
City Council Regular Meeting Minutes
June 23, 2016
Page 5 of 9
being made, staff has seen positive effects despite not being able to measure them and with some
of the larger, as well as, future projects great strides will be made in terms of I &I.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Brandon Capetillo approving Ordinance No. 13,220. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tem Terry Sain, Council Member Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member David McCartney
(Absent), Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF R &B GROUP, INC., FOR THE HUGH
WOOD LIFT STATION, LITTLE MISSOURI LIFT STATION, AND IH -10
NO. 1 LIFT STATION IMPROVEMENTS PROJECT; AUTHORIZING
PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION FOUR
THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($1,004,300.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the First Amendment to the Chapter 380
Economic Development Agreement with HEB Grocery Company, LP, to remove the
construction of Santavy Road and related improvements as a condition for HEB's receipt
of incentives and to reduce the Maximum Payment and the Economic Development Grant
if the Santavy Road and related utilities are not constructed.
Deputy City Manager Bottoms presented the agenda item and stated that this 1st amendment is
to remove Santavy from the original Chapter 380 Economic Development Agreement (the
"Agreement') with HEB Grocery Company, LP. He stated that HEB requested to remove
Santavy Road from the Agreement and reduce the payment by $650,000 as an offset.
Additionally, he stated that HEB is very interested in constructing the road, but the time
constraint is prohibiting such.
HEB representative, John Rose explained and stated that they have many agreements that are
necessary for the building of Santavy Road but because there's a deadline to meet in terms
of closing on the property there are two agreements that are colliding. He further stated that they
are continuing to work on the agreements to get the right to build on Santavy Road, but to be
able to close they have to know that they can close and still have the incentives if for some
City Council Regular Meeting Minutes
June 23, 2016
Page 6 of 9
reason there's a problem with one of the agreements. Additionally, Mr. Rose stated that they
recommend Council approves this amendment.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving Ordinance No. 13,221. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tem Terry Sain, Council Member Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member David McCartney
(Absent), Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,221
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 FIRST
AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT
AGREEMENT WITH HEB GROCERY COMPANY, LP; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID
AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. DISCUSSIONS
a. Present and discuss the 2016 DirectionFinder citizen survey results.
Mr. Nick Woolery presented the agenda item and introduced Mr. Chris Tatham, Executive Vice
President at ETC Institute, to provide the details of the survey results. Mr. Woolery stated for
clarification that the ImagineBaytown survey, which is currently being done, is a separate
survey the DirectionFinder citizen survey which is done annually.
In presenting the results of the survey, Mr. Tatham stated that the ETC institute is based in
Kansas City with a focus to helping local governments get input from their residents to help
make better decisions. He stated that this year's methodology included a seven (7) page survey
which takes approximately 20 minutes to complete being mailed to a couple of thousands of
random sample households with options to participate by mail, phone, or online. He stated that
their goal was to get approximately 400 participants.
Mr. Tatham stated that this year's major findings were traffic flow and infrastructure
maintenance as the top dominant issues. He stated that the overall satisfaction level is
keeping pace with other services with public safety improving from a couple of years ago. He
City Council Regular Meeting Minutes
June 23, 2016
Page 7 of 9
stated that approximately 20 -25% of the residents across the board are generally dissatisfied and
that the City of Baytown trails in satisfaction with issues that influence perceptions of the City
compared to other communities included in the Southwest region of the U.S. He stated that
according to the maps from the report, residents within the center of the City are generally
satisfied with the quality of services provided by the City of Baytown and that no areas of the
City were negative. He stated that with regards to areas with the highest satisfaction ratings as it
relates to public safety that at least 80% of the residents were satisfied with residential trash
collection services, the overall quality of local fire protection, safety in neighborhoods during the
day, how quick fire and ambulance personnel respond to emergencies, and curbside recycling
services. He further stated that areas with the lowest satisfaction ratings included traffic flow on
major city streets, level of public involvement, code enforcement, sidewalks, and cable
programming.
During further discussion, Mr. Tatham stated that since the last survey, enforcement on local
traffic laws and the overall quality of local police and fire protection ratings increased
significantly. He stated that the areas that decreased the most included information and
communication such as, the City efforts to inform residents on local issues, the availability of
information about City programs and services, and the City's citizen newsletter.
Mr. Tatham stated that they looked at how resident rankings compare based on years of
residency and interestingly the issues regarding parks and recreation, libraries, and recycling tend
to rate lower amongst the residents who moved here in the last ten years compared to those who'
has been here longer suggesting that people coming from other areas have higher expectations
for those services, whereas, the longer term residents tend to feel better about issues regarding
public safety. Additionally, he stated that with regards to communication and traffic flow issues
there were no difference based on longevity.
Mr. Tatham further stated with regards to the overall satisfaction with various city services
compared to other communities, that the two areas with the biggest gaps were code enforcement
and traffic flow, but that the City's overall satisfaction of customer service is similar to that
across the country. Additionally, he stated that only 30% of participants answered that they
familiar with the location of the City's ACE District and 62% felt that fixing broken
sidewalks, curbs, and streets would have the greatest impact on beautifying Baytown.
In summary, Mr. Tatham stated that the major categories of city services that residents felt
should receive the most emphasis from city leaders over the next two years were traffic flow
and street maintenance which were both the two top concerns in the past.
5. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member Robert
C. Hoskins approving consent agenda items 5.a. and 5.b. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tern Terry Sain, Council Member Chris Presley
City Council Regular Meeting Minutes
June 23, 2016
Page 8 of 9
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member David McCartney
(Absent), Council Member Mercedes Renteria III (Absent)
Approved
a. Consider an ordinance authorizing the renewal of the Annual Liquid Chlorine
Contract to Brenntag Southwest, Inc.
ORDINANCE NO. 13,222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE- CONTRACT WITH BRENNTAG SOUTHWEST,
INC., SUCCESSOR IN INTEREST TO ALTIVIA CORPORATION, FOR THE
ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE
HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY -FOUR AND
N01100 DOLLARS ($107,944.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider a resolution authorizing the City to submit a grant application to the U.S.
Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial
Justice Assistance Grant ( "JAG ") Program, FY2016 Local Solicitation on behalf of the
Baytown Police Department.
RESOLUTION NO. 2426
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF
JUSTICE FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT ( "JAG ") PROGRAM, FY 2016 LOCAL SOLICITATION IN THE
AMOUNT OF TWENTY THOUSAND SIX HUNDRED NINETY AND NO /100
DOLLARS ($20,690.00); DESIGNATING AN AUTHORIZED
REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT
OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. MANAGER'S REPORT
a. Receive a presentation from the staff from the Eddie V. Gray Wetlands Education
Center and Baytown Nature Center about Texas Parks and Wildlife's Angler Education
curriculum to be held at Evergreen Park on Saturday, June 25, 2016, from 9:00 A.M. to
12:00 P.M.
City Council Regular Meeting Minutes
June 23, 2016
Page 9 of 9
Mr. Johnson presented the agenda item and introduced Ms. Tracey Prothro to provide details of
the event.
Ms. Prothro stated that on Saturday, June 25th, staff from the Eddie V. Gray Wetlands Education
Center and Baytown Nature Center will share Texas Parks and Wildlife's Angler Education
curriculum at Evergreen Park from 9:00 A.M. to 12:00 P.M. She stated that this free program is
for kids of all ages and focuses on several points of angler education including fish ID, basic
tackle, casting practice and angler ethics. Additionally, she stated that all materials including
fishing rods and bait will be famished.
b. City Offices will be closed on Monday, July 04, 2016 in observance of the
Independence Day Holiday.
City Manager Davis presented the agenda item and stated that city offices would be closed on
Monday, July 04, 2016 in observance of the Independence Day Holiday.
7. ADJOURN
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley adjourning the June 23, 2016, City Council Regular Meeting. The vote was as
follows:
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tem Terry Sain, Council Member Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member David McCartney
(Absent), Council Member Mercedes Renteria III (Absent)
Approved
With there being no further business to discuss, Mayor Pro Tem Sain adjourned the June 23,
2016, City Council Regular Meeting at 7:25 P.M.
City of Baytown
O: ty
^: io