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2016 12 08 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 08,2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, December 08, 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: Laura Alvarado Council Member Brandon Capetillo Council Member Robert Hoskins Council Member David McCartney Council Member Chris Presley Council Member Terry Sain Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the December 08, 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 Meetingheld on November 10, 2016. g A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C. Hoskins approving the November 10, 2016, Work Session and City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes December 08,2016 Page 2 of 16 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Jeff Edwards requested to appear before Council to request a reduction in his water bill. Mr. Edwards stated that he has a water bill for $2,503.10, and that on November 02, 2016, he was notified by the utility billing department that a great amount of water was being used as his meter was read on August 16, 2016. He noted that it took the billing department almost three weeks to notify him of such high gallon of water usage and that there was no water running visibly from around his house. He stated that he moved into the house on August 28th and had very low water pressure, so he had a plumber to come check the house. He stated that the plumber checked under his house and noticed that water was running down from the hot water heater, which was in his attic, into the ground. He stated that the plumber informed him that he had a broken water line and he asked the plumber where the water was running to with the plumber's reply being that he didn't know. Mr. Edwards stated that in the meantime, he contacted the building inspector that did the inspection on this house with this regard and the inspector told him that he (the inspector) was not liable for broken water lines underneath his house. He noted that when the inspection was done for the house, there was 70 pounds of water pressure at the water faucet and once the pipe was fixed there was 78 pounds; therefore, there may have been a leak prior to the pipe breaking. He stated that he paid $650 for repairs to the water pipe leak and the water heater didn't have a shut off valve on it when it was inspected nor was it noted in the inspection report. He stated that during that time he was using very little water to flush the toilets and because there was not enough water flow the sewer line was clogged which costs him $319 for a plumber to unclog. He stated that the person who repaired the pipe said that there was a pipe underneath the house where the water may have been going. Mr. Edwards stated that there is no certainty as to where the thousands of gallons of water that he is being charged for has gone and inquired if the city could answer that question. He noted the he agreed with the utility billing department to pay $128.95 monthly plus his regular water bill, but requested if he could get a reduction on the extremely high bill that he received. Mayor DonCarlos stated that the City has to purchase the water that it sells and it's not possible to forgive water bill debt. He further stated that the process in place regarding such cases is for the resident to provide verification from a plumber that no leak was found then an adjustment can be made, but since in this case a leak was determined the payment arrangement is determined by administration. Assistant City Manager Troller stated that the normal payment arrangement is for three (3) months, but since this is an unusual case the arrangement is for eighteen months. Mayor DonCarlos further recommended that Mr. Edwards visit with administration for a resolution to his payment arrangement. b. Recognize the Priceless Princess and Prince Charming Organization for their first ever participation in the 2016 Baytown Christmas Parade. City Council Regular Meeting Minutes December 08,2016 Page 3 of 16 Assistant City Manager Troller presented the agenda item and recognized the Priceless Princess and Prince Charming Organization for their first ever participation in the 2016 Baytown Christmas Parade. He stated that Ms. Sonja Barnett Barrett submitted an email stating that the organization's entry in the parade was not recognized in the parade; therefore, staff requested that the participants come and be recognized during a council meeting. c. Recognize Baytown Christian Academy on their TAPPS 6-Man Div. III Football State Championship. This agenda item was moved to the next council meeting. 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 Maria Ibarra, Police Detention Officer Lloyd Lively, Multimedia Specialist 10 Years Robert "Bob" Brown, Finance Accountant II Mikel Marino, Parks Heavy Equipment Operator I 30 Years Victor Medrano, Assistant Fire Chief Russell White, Police Patrol Officer 3. REZONING OF APPROXIMATELY 13.34 ACRES OF LAND FROM OPEN SPACE/RECREATIONAL (OR) TO MID-RISE DENSITY MIXED RESIDENTIAL DWELLINGS (MF2) a. Conduct the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 13.34 acres of land, located on the north right-of-way of Blue Heron Parkway approximately 4,000 feet east of North Main Street, legally described as Tract 1B-2, Abstract 5 No. 591, D. McFadden Survey and Tract 11A-2, Abstract No. 709, J. W. Singleton Survey, Harris County, Texas, from Open Space/Recreation (OR) to Mid-rise Density Mixed Residential Dwellings (MF2). At 7:06 P.M., Mayor DonCarlos opened and conducted the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 13.34 acres of land, located on the north right-of-way of Blue Heron Parkway approximately 4,000 feet east of North Main Street, legally described as Tract 1 B-2, Abstract 5 No. 591, D. McFadden Survey and Tract 11A- 2, Abstract No. 709, J. W. Singleton Survey, Harris County, Texas, from Open Space/Recreation (OR) to Mid-rise Density Mixed Residential Dwellings (MF2). City Council Regular Meeting Minutes December 08,2016 Page 4 of 16 Director of Planning and Community Development, Tiffany Foster summarized the subject of the public hearing and stated that the purpose for rezoning the property from Open Space/Recreation(OR) to MF2 density is for the future of a multi-family development consisting of approximately 250 dwelling units. She stated that this land was recently annexed in September 2016, and noted that when land is annexed into the city it is annexed at the most restrictive land use which is open space recreation. Mrs. Foster further stated that as with all zoning amendments, there have been two (2) public hearings held through the Planning and Zoning Commission, where public comments were received, as well as, a petition. She stated that on November 15, the Planning and Zoning Commission provided a recommendation to council to deny the rezoning for this proposed development. Joel Whitaker, Janice Whitaker, Beverly Ramsey, Cheryl Kirch, Ross Kirch, Patrick Petty, Meghan Petty, John Hause, JoAnn Fenley, Layne Ramsey, Jeanell Cross, Kevin Foxworth, Joel McGolrick, Laura McGolrick, and Gerald Teel all registered to speak regarding agenda item 3.a. Mr. Joel Whitaker stated that he lives at 1104 Redberry Hill and that he's opposed to the development because it would be up against his backyard and decrease his property value. He stated that he has concerns of safety and privacy issues with apartment complexes and that this property is surrounded by single family dwellings, in which the appropriate use for it should be the same. Ms. Janice Whitaker, Mr. Ross Kirch, Ms. Meghan Petty, Ms. Jeanell Cross although registered did not speak. Mr. Layne Ramsey deferred his time to Ms. JoAnn Fenley. Ms. Beverly Ramsey stated that she's lived at 911 Redberry Hill for 29 years and one of her concerns regarding this proposed rezoning of this property is the drainage of rain water. She stated that one day this past June,the area of street near the proposed property was flooded to the point where cars couldn't drive through and she was only able to pass because she was in her son's high rise truck. She noted that Mr. Teel would use the retention pond located across the street from the proposed property on this road, but also noted that the retention pond didn't help with the flooding on Blue Heron Parkway that she previously described. She further stated that their house almost flooded a few times and actually received water during Hurricane Ike and is further concerned about flooding if the rezoning is approved. Additionally, Ms. Ramsey stated that most of the homes on Redberry Hill have water wells and any additional flood waters could cause the water to back up over the well heads further causing unsafe drinking water for the residents. Ms. Cheryl Kirch stated that she lives at 802 Redberry Hill and lived there for 29 years. She stated that when she first moved to Baytown, she lived on Northwood where at that time the complex was safe. She stated that over time she's watched the aging complex decrease to many crimes, as with some of the other apartment complexes that are currently empty. She stated there's been an influx of people living in Baytown due to the plant expansions and her husband has worked many years for a chemical company in Baytown and knows that the majority of the plant workers will return to their home areas once the job expansion is complete leaving more City Council Regular Meeting Minutes December 08,2016 Page 5 of 16 vacant apartments causing the owners to lower their rent to fill those vacancies. Ms. Kirch stated that at one of the public hearings, Mr. Teel stated that he owned several other complexes in Baytown,with one being Stone Brook Apartments on Rollingbrook. She stated that she's read reviews about the Stone Brook Apartments which included but were not limited to sewer issues, infestation of drugs, poor apartment quality, and broken security fences all while having an ordinance. Additionally, she stated that Mr. Teel responded to the reviews by stating that he sold the apartment complex about 12 years ago. Mr. Patrick Petty stated that he lives at 4702 Redberry Hill and that he's opposed to the rezoning of MF2. He stated that the infill development of this area and the surrounding areas should remain compatible to what already exists. Mr. John Hause stated that he lives at 908 Redberry Hill and addressed Mr. Teel's applicant statement for zoning amendments. Mr. Hause stated that as it relates to the effect on the natural environment that Mr. Teel plans to use existing culverts to the retention pond on Blue Heron Parkway and inquired as to how thirteen acres of concrete would affect their homes during such weather when there are current issues that aren't resolved. Additionally, he recommended that council considers the residents' concerns and not allow another developer to build then sale to reap a positive reward and leave the residents of Baytown to pay for it. Ms. JoAnn Fenley stated that she lives 118 Mossy Oak and was speaking on behalf of the students, parents, and teachers of Crockett Elementary. She stated that Crockett was built for a maximum capacity of 638 students and to date they are over 700 students. She stated the district is estimating an additional 170 extra students with this proposal that will put Crockett in the need for eleven extra classrooms. She stated that apartment residents are proving to have a higher mobility rate of transiting as opposed to neighborhood family. She stated that Crockett is a Title 1 school with 61% of the student population being of economic disadvantage and with the projections of an increase of 10%of this new apartment complex that would also increase the economic disadvantage rate to 71%. Ms. Fenley stated that safety of the students is a major concern as the apartment complex will be in close proximity to the playground and right next to the entry/exit way to the school. Ms. Fenley further stated that according to the Baytown Police department that there are two elementary schools that have apartment complexes next to them which were originally built as high end complexes,but are now frequent stops for criminal mischief and drug related incidents. Additionally, Ms. Fenley requested that council reconsider approving the proposed apartment complex next to Crockett Elementary. Mr. Kevin Foxworth stated that he's the Executive Director and Strategic Planning and Support Services for Goose Creek Schools. He acknowledged the Principal of Crockett Elementary, Michelle James who was in attendance. Mr. Foxworth stated that the GCCISD is over student capacity in this area and if this request is approved would require a new elementary to be built which will take a minimum of two (2) years to do. He stated that the district recently built three (3) new elementary schools to stay away from the portable buildings and as Crockett currently has six (6) portable buildings this would put more children in portable buildings as some would have to be transported to Alamo and Stephen F. Austin which is also currently at four (4) portable buildings. He stated that this type of move is not an educational benefit to the student as multi-family students tend to come and go causing an achievement gap as they enroll and City Council Regular Meeting Minutes December 08,2016 Page 6 of 16 disenroll. He stated that this would also have a direct impact on the scores in the district. He noted that the achievements at Crockett Elementary are outstanding as they are being recognized as a national blue ribbon school, in which this past year have received five (5) of the seven (7) state distinctions given by the Texas Education Agency. Additionally, he noted that when people are looking to come into the Baytown area is often because of the school system, so the hope is to continue to have an attractive school to bring in permanent residents. Mr. Joel McGolrick and Mrs. Laura McGolrick stated that they oppose of the apartment complex being built. Mr. Teel stated that Redberry Hill was a vacant tract of land in 1970 and by 1978 was populated by approximately 20-30 people. He stated that the proposed property regarding this agenda item is 60 acres in which he dedicated 5 acres to the City for Blue Heron Parkway. He further stated that later the City purchased 17 more acres to improve the drainage. He stated that he's addressed the concerns during the public hearings and encouraged Council to look at the criteria that they set up in February of 2016 regarding the amendments to zoning. Additionally he requested that Council review his responses to those concerns voiced as he's trying to provide housing and improve the city. At 7:47 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 3.a. Before considering agenda item 3.b., Mayor DonCarlos requested that Mrs. Foster verify for Council the number of multi-family units and stated that as in the zoning map there's designated a certain number of areas for multi-family and further inquired of the number of new apartment units that are in various stages of development being proposed to date. Mrs. Foster stated that the new apartment units that are already zoned are over 2,087 which go back to about the year 2014. Additionally, Mrs. Foster stated that there's an additional property rezoned in the early part of the year 2015, which does not have a proposed project so it's not included in the 2,087. Mayor DonCarlos stated that in his opinion, of the seven(7) criteria to be met, that the proposed request falls short of Criteria's 3 and 7, in which Criteria 3 is regarding the health, safety, and general welfare of the city including the safe order of development for the city and Criteria 7 which is regarding a demonstration of community need. He stated that he wants to see the current multi-family unit projects developed and what the effect is on the older units before getting ambitious with additional complexes. b. Consider an ordinance amending the official zoning map to rezone approximately 13.34 acres of land, located on the north right-of-way of Blue Heron Parkway about 4,000 feet east of North Main Street, legally described as Tract 1B-2, Abstract 5 No. 591, D. McFadden Survey and Tract 11A-2, Abstract No. 709, J. W. Singleton Survey, Harris County, Texas,from Open Space/Recreation (OR) to Mid-rise Density Mixed Residential Dwellings (MF2). The consensus of Council was that this proposed development is not an appropriate fit for this area and agreed to deny amending the official zoning map. City Council Regular Meeting Minutes December 08,2016 Page 7 of 16 A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C. Hoskins approving to deny the rezoning of the zoning map regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Facilities Extension Agreement with CenterPoint Houston Electric, LLC, for the underground extension of electrical power lines along San Jacinto Blvd. and Hunt Road. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 13,373 authorizes a Facilities Extension Agreement with CenterPoint Houston Electric, LLC, for the underground extension of electrical power lines along San Jacinto Boulevard and along Hunt Road in the amount of$720,119. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 13,373 regarding agenda item 4.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FACILITIES EXTENSION AGREEMENT FOR THE UNDERGROUND EXTENSION OF ELECTRICAL POWER LINES ALONG SAN JACINTO BLVD. AND HUNT ROAD WITH CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED TWENTY THOUSAND ONE HUNDRED NINETEEN AND City Council Regular Meeting Minutes December 08,2016 Page 8 of 16 NO/100 DOLLARS ($720,119.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Consider a resolution suspending the proposed effective date related to the statement of intent to increase rates filed by CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas on or about November 16, 2016, and authorizing participation in the Texas Coast Utilities Coalition and the related rate proceedings. City Attorney, Ignacio Ramirez presented the agenda item and stated that Resolution No. 2453 suspends the proposed effective date related to the statement of intent to increase the gas rate of 10.7% filed by CenterPoint Energy Resources Corp. He stated the recommendation is to delay the implementation of such increase request to give the Gulf Coast Committee time to review the entire document. He further stated that at the same time, the attorney's in Austin that are hired to deal with such will communicate with CenterPoint to try and reach an agreement and if an agreement is reached it will be brought back before Council for consideration. Additionally, he stated that if an agreement is not met, then it will go to the Railroad Commission of Texas. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving Resolution No. 2453 regarding agenda item 5.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2453 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUSPENDING THE EFFECTIVE DATE FOR NINETY (90) DAYS IN CONNECTION WITH THE STATEMENT OF INTENT FILED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ON OR ABOUT NOVEMBER 16, 2016; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND City Council Regular Meeting Minutes December 08,2016 Page 9 of 16 MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. CONSENT A motion was made by Council Member Laura Alvarado and seconded by Council Member David McCartney approving consent agenda item 6.a. through 6.i. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved a. Consider an ordinance authorizing the closeout, acceptance and release of retainage for the East Baker Road Pipebursting Project with T Construction,L.L.C. ORDINANCE NO. 13,374 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE EAST BAKER ROAD PIPEBURSTING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY- NINE THOUSAND EIGHT HUNDRED SIXTY-SEVEN AND 52/100 DOLLARS ($49,867.52) TO T CONSTRUCTION, L.L.C., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the First Amendment to the Professional Services Agreement with Busch, Hutchison and Associates, Inc., d/b/a Hutchison and Associates for the Hunt Road Extension East of Garth Road Project. ORDINANCE NO. 13,375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BUSCH, HUTCHISON AND ASSOCIATES, INC., D/B/A HUTCHISON AND ASSOCIATES FOR THE HUNT ROAD EXTENSION EAST OF GARTH ROAD PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN ADDITIONAL AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY- FIVE THOUSAND FIVE HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($175,595.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 08,2016 Page 10 of 16 c. Consider an ordinance authorizing the purchase of fourteen (14) mobile video recording systems for the 2017 Police units. ORDINANCE NO. 13,376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY-ONE THOUSAND FIVE HUNDRED SEVEN AND NO/100 DOLLARS ($71,507.00) TO COBAN TECHNOLOGIES, INC., FOR PURCHASE OF FOURTEEN (14) MOBILE VIDEO RECORDING SYSTEMS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of emergency equipment for the 2017 Police units from Fleet Safety Equipment Inc.,through the Buy Board. ORDINANCE NO. 13,377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TEN THOUSAND ONE HUNDRED TWELVE AND 69/100 DOLLARS ($110,112.69) TO FLEET SAFETY EQUIPMENT, INC., FOR THE PURCHASE AND INSTALLATION OF POLICE EMERGENCY EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, LIGHT BARS, PUSH BUMPERS, AND PRISONER PARTITIONS, FOR NEW POLICE VEHICLES, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of document conversion services from MCC Innovations,Inc. ORDINANCE NO. 13,378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) TO MCC INNOVATIONS, INC., FOR THE PURCHASE OF DOCUMENT CONVERSION SERVICES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of uniforms for the Fire Department from Red the Uniform Tailor through a cooperative agreement with the City of Frisco. City Council Regular Meeting Minutes December 08,2016 Page 11 of 16 ORDINANCE NO. 13,379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-NINE THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($59,700.00) TO RED THE UNIFORM TAILOR FOR THE PURCHASE OF UNIFORMS FOR THE FIRE DEPARTMENT THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF FRISCO; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance renewing the Annual Contract for Food and Supplies for the Pirates Bay Water Park to Ben E. Keith Company. ORDINANCE NO. 13,380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONTRACT FOR FOOD AND SUPPLIES FOR THE PIRATES BAY WATERPARK WITH BEN E. KEITH COMPANY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($240,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the award of the Annual Construction Materials Contract with Ferguson Waterworks. ORDINANCE NO. 13,381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,ACCEPTING THE BID OF FERGUSON ENTERPRISES, INC., D/B/A FERGUSON WATERWORKS FOR THE ANNUAL CONSTRUCTION MATERIALS CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY-TWO THOUSAND SEVENTY-THREE AND 80/100 DOLLARS ($62,073.80); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. ORDINANCE NO. 13,382 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO City Council Regular Meeting Minutes December 08,2016 Page 12 of 16 HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2017 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY-SIX THOUSAND NINETY-FOUR AND NO/100 DOLLARS ($186,094.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Conduct the election of the Baytown City Council Mayor Pro Tem. City Clerk, Leticia Brysch presented the agenda item and stated that the next Council Member for consideration is Council Member David McCartney, District No. 6 as the newly elected Mayor Pro Tem and shall serve for six months, beginning January 01, 2017, and ending on June, 2017. A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presley approving the election of Council Member McCartney as Mayor Pro Tern. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved b. Receive the Mayor's appointments of one (1) representative and one (1) alternate to the 2017 Transportation Policy Council and one (1) representative and one (1) alternate to the 2017 Technical Advisory Committee. Mrs. Brysch presented the agenda item and stated that representatives will reflect the same as last year with the exception of Frank Simoneaux, who is deployed and will be replaced with Kevin Harvill. The Mayor appoints the following to the Transportation Policy Council "TPC": • Council Member David McCartney- Representative • Council Member Robert C. Hoskins -Alternate The Mayor appoints the following to the Technical Advisory Committee "TAC": • Mr. Jose Pastrana- Representative • Mr. Kevin Harvill -Alternate City Council Regular Meeting Minutes December 08,2016 Page 13 of 16 A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving the appointments of Council Member McCartney as representative and Council Member Hoskins as the alternate to the 2017 Transportation Policy Council, as well as, Jose Pastrana as representative and Kevin Harvill as the alternate to the 2017 Technical Advisory Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved c. Consider four(4) appointments to the Planning and Zoning Commission. Mrs. Brysch presented the agenda item to consider the appointments of Spencer Carnes, Pete Cote, Benjamin Boul, and Donna Winfrey-Varner to the Planning and Zoning Commission. She stated that they are eligible and seek reappointment for another two (2) year term. She stated that Mr. Carnes was in a run-off for District 3, and should he win would have to vacate the position on the Planning and Zoning Commission. Council Member Presley noted that although he's appointing Mr. Boul as his appointment to the commission, if it's possible that someone would come forward and express a strong desire to serve in Mr. Boul's capacity in District 2, Mr. Boul would then consider relinquishing at such time. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving the appointments of the appointments of Spencer Carnes, Pete Cote, Benjamin Boul, and Donna Winfrey-Varner to the Planning and Zoning Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved d. Consider an appointment to the Civil Service Commission. Mrs. Brysch presented the agenda item to consider the appointment of Mr. David Jirrels to the Civil Service Commission and stated that this is Mr. Jirrels' fifth consecutive term as a civil City Council Regular Meeting Minutes December 08,2016 Page 14 of 16 service commissioner; therefore, per the rules, his appointment must be confirmed by two-thirds of all the members of Council and if appointed Mr. Jirrels will serve a one(1)year term. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the appointment of Mr. David Jirrels to the Civil Service Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 8. PERFORMANCE EVALUATION FOR MUNICIPAL COURT JUDGE a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 8:05 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 8:39 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. b. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. Mayor DonCarlos presented the agenda item and stated that everyone was pleased with Judge Julie Escalante's performance during the past year. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving Municipal Court Judge Julie Escalante's salary of $125,000. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes December 08,2016 Page 15 of 16 Approved 9. MANAGER'S REPORT a. City of Baytown offices will be closed on Friday, December 23rd and Monday, December 26th, 2016, in observance of the Christmas Holiday; and on Monday, January 02,2017,in observance of the New Year Holiday. City Manager Davis presented the agenda item and stated that the City of Baytown offices will be closed on Friday, December 23rd and Monday, December 26th, 2016, in observance of the Christmas Holiday; and on Monday, January 2, 2017, in observance of the New Year Holiday. City Manager Davis further complimented Officer Jesse Armstrong, Detective Brian Griffin, and Officer Kevin Zinter for their caring and professionalism while on duty. He acknowledged Officers Van Maddox and Kelvin Chenevert for achieving their peace officers certificate. He noted that the Friends of Cedar Bayou expressed appreciation to city staff for putting the kayaking event together and going beyond the call of duty. Council Member Hoskins noted that many of the kayaking participants were from out of town. Additionally, City Manager Davis expressed thanks to Kevin Cummings of Animal Control for his creativity and service for collaborating with Lee College to allow students and faculty to pet, walk, or adopt some of the animals, as well as,make donations during the days that finals are being taken. Mayors DonCarlos noted that a Council Meeting is scheduled for December 21, 2016,to canvass votes from the election. Mrs. Brysch stated that December 21st is the latest to canvass the votes, but that there could be an earlier date to canvass, in which she will inform council of such once she receives the information from Harris County. Mrs. Brysch also noted that the runoff election for District 3 is scheduled for December 10, 2016, from 7:00 A.M. to 7:00 P.M. and that all polling locations have been combined to one being at the Community Center building in the Mockingbird Room. Additionally, she noted that the City Clerk's office will also be open from 7:00 A.M. to 7:00 P.M., to assist citizens with any questions they may have. 10. ADJOURN A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley adjourning the December 08, 2016, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Laura Alvarado, Council Member Brandon Capetillo, Mayor Pro Tern Robert C. Hoskins,Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes December 08,2016 Page 16 of 16 With there being no further business to discuss, Mayor DonCarlos adjourned the December 08, 2016, City Council Regular Meeting at 8:48 P.M. /-Au At) s�.�� �- Leticia Brysch City Clerk ' .•'��'����� ;� :. �m ii City of Baytown : 1.1:- cif '..• •.•,2 'h„`. r S'41:::1- 41‘‘‘‘.... " ' r