Loading...
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