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2017 01 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 26,2017 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 26, 2017, at 6:32 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 Robert Hoskins Council Member Charles Johnson 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 January 26, 2017, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present. Pledge of Allegiance,Texas Pledge, and Invocation was led by Council Member Hoskins. 1. MINUTES a. Consider approving the minutes of the Baytown City Council Regular Meeting held on December 08,2016. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem David McCartney approving the December 08, 2016, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes January 26,2017 Page 2 of 16 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. James Herndon requested to appear before Council to address concerns with a neighbor operating an ATV repair business out of their home in a residential area. Mr. Herndon was not present to speak. Mr. Sean Matula registered to speak regarding agenda item 2.a. and stated that he's a resident of the Ginger Creek subdivision. He stated that in his neighborhood,ATV's are being operated illegally on a daily basis and more often on the weekend which includes speeding up and down the public roadways,being operated by minors,being driven with several passengers, and they're a major cause of noise pollution. Mr. Matula stated that there's been some success with this issue over the last year,but noted that he wanted to raise awareness to the issue again. Mayor DonCarlos recommended to Police Chief Dougherty to extend a little more attention to this issue. 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. 5 Years Ron Bottoms, Deputy City Manager Anna Yowell,Tourism Coordinator Leah Neese,Domestic Violence Coordinator, PD James Henderson,Utility Maintenance Technician 35 Years Robert McKay, Battalion Chief, Fire 3. COMMUNITY-BASED STRATEGIC PLAN a. Consider a resolution adopting the City's 5-Year Community-Based Strategic Plan. Agenda items 3.a. and 3.b. were considered together. City Manager Davis presented the agenda item and stated that the City's 5-Year Community- Based Strategic Plan was a compilation of data collected from the Strategic Planning Advisory Committee (SPAC) through the efforts of surveys and focus group meetings. He stated that this document will serve as a guide for the City Council and City staff over the next five years. Additionally, he recognized the outstanding work of the committee and acknowledged the committee members that were present at the council meeting: Heather Betancourth and Mike Wilson. City Council Regular Meeting Minutes January 26,2017 Page 3 of 16 A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving Resolution No. 2456. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2456 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S 5-YEAR COMMUNITY- BASED STRATEGIC PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Recognize the members of the City of Baytown Strategic Planning Advisory Committee. Mrs. Betancourth stated that she's been a Baytown resident for the past three (3) years and have been employed in Baytown for five (5) years. She presented a summary of how the Committee was able to get citizens input and noted that this is one of the first times that the City of Baytown has asked the citizens what they would like to see in the strategic plan for the next five (5) years. She stated that they approach citizens input three (3) ways: 1) a citizen's survey (web and paper base); 2) focus groups; and 3) community forums. Mrs. Betancourth stated the survey's was opened for thirteen weeks from April 14th to July 8th and sent out to all residents of Baytown. She noted that non-residents were able to take the survey as well. She stated that the survey was promoted through the City's website, the Bridge newsletter, on social media, and word of mouth. Mrs. Betancourth stated there was a total of 3,182 residents and 632 non- residents that completed the survey. She stated that this survey was not meant to be scientific statistically valid, but rather a sampling survey. She stated that the firm that assisted with the development of the survey stated that of all the cities and municipalities that they've assisted with this type of survey Baytown had the best response rate that they've ever seen. She stated that the focus groups were targeted to key stake holders such as the employees, the business community, service organizations, and non-profit organizations. She stated that they held one community forum in each district totaling 100 people in attendance, in which was heavily promoted through yard signs, flyers to the businesses,the churches, and the HOA's. She stated that once all of the feedback was collected, the consulting firm identified and removed all of the main repeated themes and submitted them to the committee for discussion. City Council Regular Meeting Minutes January 26,2017 Page 4 of 16 Mr. Wilson presented a summary of the details in the strategic plan accumulated from the surveys. He stated that at a prior presentation the council was told that the plan included one (1)prime directive and five (5) strategic directives. He stated that the prime directive is to build upon Baytown's rich history, sense of community, and bayside location to fuel economic vitality while creating the opportunity for all residents to enjoy and exceptional quality of life. He stated that the five (5) strategic directives will help achieve the goal of the prime directive and noted that the five (5) directives were: 1) community reputation and image, 2) infrastructure and mobility, 3) community amenities, 4) neighborhood quality, and 5) operational excellence. He stated that beautification to the commercial corridors and proactive code enforcement will improve the brand of the community image and reputation. He further stated that improving traffic flow, building more sidewalks, and having a definitive funded five-year capital improvement plan will address the issues of infrastructure and mobility. With regards to third directive of community amenities, Mr. Wilson stated that some of the key initiatives included prioritizing the development and revitalization of the older areas of Baytown, recruitment of higher-end dining establishment and indoor family entertainment venues, develop a convention center, and create a waterfront development. He stated that the fourth directive addressed neighborhood quality whereas the initiatives included building more sidewalks in the neighborhoods and beautification through strict code enforcement. He stated that the last directive was of operational excellence, which included the initiatives of continued monitoring and improving services,having open communication channels with the public, ensure long- term plans are in place, and developing high performance internal work teams, in which he noted would make the other directives work. In closing summary of the plan, Mrs. Betancourth stated that the next step is having the plan submitted to council with the hopes of council moving forward with implementation of such. She stated that many of the concerns were that the information would be presented and nothing would happen. She stated that the city will track the success of the initiatives and plans to publish a score card annually for public viewing. Additionally, she stated that the advisory committee plans to meet at least once a year to access the city's progress of the plan. Mayor DonCarlos stated that council will begin implementing the plan and at the next council retreat in March, budget decisions will be made as it relates to the plan. He recommended that the committee annually put an agenda item regarding the updates on the city's progress of the plan for transparency purposes. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Purchase and Sale Agreement for Mitigation Credits with Gin City Restoration, LLC, and Mitigation Solutions USA, LLC, for mitigation credits associated with the San Jacinto Boulevard Project. Director of Engineering, Jose Pastrana presented the agenda item and stated that Gin City is a bank that creates wetlands then sells it to those who have disturbed their wetlands and need it to be restored. He stated that the City of Baytown disturbed some wetlands and under this agreement the City will purchase 1.5 Functional Credit Units ("FCU") for the Project to compensate for the loss of wetlands at a cost of$105,000. City Council Regular Meeting Minutes January 26,2017 Page 5 of 16 Council Member Sain inquired if the City gets to decide where the mitigation credits will be used. Ms. Connie Curtis of Kimley Horn and Associates, stated that the wetlands are based on types and have to be in the same basin so that the Army Corp can have regulate; therefore, a bank would be selected based on the similar wetlands of the City. Additionally, she stated that if the City has wetlands and wanted to create a mitigation bank, the option is available, but noted that it takes some time to get approval from the Corp. Council Member Presley inquired as to how much of the wetlands was destroyed that needed to be replaced for the $105,000. In response to Council Member Presley's inquiry, Ms. Curtis stated that less than an 1/2 an acre of wetlands was disturbed and noted that if you go over 1/2 an acre an individual permit must be obtained from the Corp, which is a two (2) year process. A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Chris Presley approving Ordinance No.13,395. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT FOR MITIGATION CREDITS WITH GIN CITY RESTORATION, LLC, AND MITIGATION SOLUTIONS USA, LLC, FOR MITIGATION CREDITS ASSOCIATED WITH THE SAN JACINTO BOULEVARD PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($105,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance granting Circus Delman a variance to the Live Outdoor Exhibition Ordinance regarding the distance requirement from residential areas for a circus to be held from February 9-20, 2017,on the three (3) lots just to the north of 2801 N. Alexander Dr., Baytown, Texas; more particularly described as Tracts 39D & 51D-1, Tracts 39E & 51D-2, and Tracts 39F &51D-4, Abstract 709, J W Singleton, Baytown, Harris County,Texas. City Council Regular Meeting Minutes January 26,2017 Page 6 of 16 Mr. Tony Gray presented the agenda item and stated that at the previous meeting there was a typo that listed the address as 281 N. Alexander and is now corrected as 2801 N. Alexander. He stated that essentially the circus is going to occupy three(3) lots just north of 2801 N. Alexander, in which all of those lots has a 0 N. Alexander address and the abstracts are including in the variance. He stated that nothing has changed from the original request and staff recommends approval. Mayor DonCarlos inquired of the area for parking for the event and asked Chief Dougherty if the police department was okay with the traffic. In response to Mayor DonCarlos's inquiry, Mr. Gray stated that the parking would be on the grass areas and Chief Dougherty noted that typically this is a small circus; therefore, there are no traffic concerns. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,396. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Laura Alvarado, Council Member Terry Sail, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42-286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR CIRCUS DELMAN'S LIVE OUTDOOR EXHIBITION WITH ACROBATIC ACTS, MAGIC, JUGGLERS, AERIAL ACTS AND CLOWNS TO BE HELD FEBRUARY 9, 2017, TO FEBRUARY 20, 2017, FROM 6:30 P.M. TO 9:00 P.M., ON THE THREE (3) LOTS TO THE NORTH OF 2801 N. ALEXANDER DR., BAYTOWN, TEXAS, CONTINGENT UPON CIRCUS DELMAN'S RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION PURSUANT TO SECTION 42-286 OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Consider a resolution approving the 2017 City of Baytown State and Federal Legislative Priorities. City Council Regular Meeting Minutes January 26,2017 Page 7 of 16 Mr. Nick Woolery presented the agenda item regarding the 2017 City of Baytown State and Federal Legislative Priorities. He stated that the legislative session is done every two (2) years and the 85th Texas Legislative Session started January 10th - May 29th and the 115th United Congress started January 3rd. He stated that the federal priorities didn't change much, so he focused more on the state priorities being that's where the most challenges are. He stated that the legislative priorities highlight the areas of most important for the State and Federal officials who represent Baytown to consider during the State Legislative Session and the Congressional Session. He stated that cities are under attack and regarded as a problem that need to be controlled as they have too much power, are over-taxing citizens, and are not accountable to tax- payers. Mr. Woolery stated that the state wants to control the affairs of city government. He noted that in 1912 Texas citizens adopted the Texas Constitutional Amendment affirming Texas's commitment to local decision making which authorizes cities of over 5,000 to adopt by election, a home rule charter, in which over 350 Texas cities has adopted such and Baytown being included. He stated that city council's, as locally elected representatives governing cities oversee some of the most important areas related to quality of life. He stated that cities protect property values by imposing reasonable development standards and acting zoning ordinances and responds to citizens demand for orally development. He stated that cities protect and enhance essential infrastructure such as streets, roads,bridges, clean water, safe and effective wastewater treatment, storm water management, and sustainable solid waste collections and disposal. He stated that cities keep communities safe from crime, responds to emergencies and enhance economic growth and job creation, provide recreational facilities, parks, libraries, and protect the national environment. He also stated that in many cases cities have to make decisions on a neighborhood level. Mr. Woolery stated that Senate Bill 2 (SB 2) by Senator Bettencourt regarding revenue caps is one of the pieces of legislation that Baytown is most concerned with. He stated that this bill will lower the property tax rollback rate from 8%to 4%and require a taxing unit to hold a ratification election on a November uniform election date of the applicable year in order to adopt a tax rate that exceeds the 4% rollback rate, as opposed to the current law which only requires an election if a petition is received from the citizens. He further stated that the SB 2 will make many calendar changes related to the property tax appraisal process. With regards to revenue caps, Mr. Woolery stated that cities are not the cause of high property taxes, as cities collect just 16% of the property taxes levied in Texas. He stated that most of the property taxes paid by Texans (55%) go to school districts and in recent years school district taxes increased twice the rate of city taxes. He stated that school property taxes have risen because the legislature continues to reduce the state's share of funding for schools which forces the local school districts to raise their taxes. Mr. Woolery stated that Texas cities leads the nation in population growth with six (6) of the thirteen fastest growing cities in the nation being in Texas and five (5) of the ten (10) fastest are also in Texas. He stated that on average approximately 1,400 people are added to the Texas population every single day which requires the essential city services provided. He stated that the possible impact of SB 2 has a potential revenue loss of $550,000 for the City of Baytown, which represents seven (7) police or firefighter personnel salaries and benefits, as well as, save the average homeowner in Baytown $2.86 per month. He noted that imposing a revenue cap on cities does not provide meaningful tax relief, but rather robs the city of the ability to meet local needs and defers attention from the real City Council Regular Meeting Minutes January 26,2017 Page 8of16 cause of higher property taxes. He also noted that this is a key piece of legislation for the Lieutenant Governor and it's also high on the list for the senate. Mr. Woolery stated that the last issue to local control deals with a lot of bills that are filed on debt restriction which is tied to trying to hold cities accountable to the citizens. He stated that from year 2011 to 2015, total outstanding state debt increased by 16.62% and total outstanding city debt increased only 10.1%. He noted that it's very likely and almost always legislation that's passed related to debt restrictions which usually makes it more expensive and makes the elections more costly. Mr. Woolery stated that using a unique concept called reverse intergovernmental aid; the Texas legislature requires cities to generate and remit to the state over $200 million annually to fund state programs. He stated that Texas cities receive virtually no financial assistance from the state and that Texas ranks 47 out of 50 states in the amount of general revenue received from state government. He noted that there are four areas that the City of Baytown pays the state by using local tax dollars that includes municipal sales tax administration, TCEQ fees, local participation in state highway projects, and municipal court fines. With regards to administering the municipal sales tax, he explained that when a Texan purchases a product that's subject to the local and state sales tax, the merchant collects the entire tax and remits it to the state comptroller who then remits the local share back to appropriate local government, in which for providing this service and for performing other duties the comptroller deducts 2%of the local share of the sales tax and deposits that into the state's general revenue fund. He noted that the 2% fee is high as compared to other states, whereas, the fee is 1% or less and in some states no fee at all. He stated that in Texas, the 2% fee generated over $137 million in 2012, of which cities pay over $90 million. He stated that the comptroller's office spends an estimate at most$27.7 million a year to provide these services to local governments. Mr. Woolery stated that of TCEQ's total revenue, 2% comes from the state general revenue, 12% from federal funds, and 84% from program fees, in which he noted that cities pay a great extent to the program fees. He stated that the agency imposes more than 40 different fees on cities with roughly twenty being related to water quality and the revenues from these fees is used to pay for the cost of regulating cities under either federal or state law or both. He stated that the two largest fees accessed to cities are the consolidated water quality fee and public health service which brings in over$40 million of revenue to the state. He noted that some will say that TCEQ's fee structure is fair since cities receive a service for each fee paid, but noted that whenever cities impose fees on other levels of government the legislature often ask to prohibit or eliminate such fees. During further discussion with regards to local participation in state highway projects, Mr. Woolery stated that the Texas Department of Transportation (TxDOT) continues to seek additional ways to fund the state's transportation program and for years have partnered with local government agencies to make transportation improvements on state highways. He stated that the local participation includes provision of right-of-way, financial contributions, maintenance agreements, and other forms. He stated that TxDOT has suggested to local agencies to consider increasing their participation in TxDOT projects in order to expedite scheduling of locally desired projects. He stated that in FY2012, cities pitched in more than$112 million in cash and much more in right-of-way donations and in kind services. He noted that in most states, the state government makes grants to cities to help those cities build and maintain city streets. He stated City Council Regular Meeting Minutes January 26,2017 Page 9 of 16 that in Texas, city government transfer local municipal revenue to the state to help pay for the state highway system. Regarding the state fees on municipal court fines, Mr. Woolery stated that municipal courts in Texas collect funds on behalf of the state for a wide variety of state programs and for these collection efforts cities are generally allowed to keep some small amount of revenue as reimbursements for the cost incurred to collect the fees. He stated that the state court cost adversely impacts municipal courts in two ways: 1)the states court costs are complicated to administer as the fee allowed to keep is not sufficient to reimburse the cities for the bookkeeping and administrative problems connected with this function; and 2) when setting an appropriate fine for an offense a judge may consider the fact that the defendant may also be paying state court costs and as a result municipal fine revenues are often lower than it would otherwise be because the judge has considered the state court cost in setting a defendants total fine. He stated that the state also requires that in the event of a partial payment the states court costs must be paid first before the city can keep any of the fines. He noted that in the recent years the number in the amount of the state fees collected by municipal courts have grown rapidly and annually municipal courts collect over$227 million in state fees and fines. During further discussion of the 2017 Baytown Legislative Priorities, Mr. Woolery stated that Representative Huberty filed House Bill 424 which would completely rewrite the Municipal Annexation Act to severely curtail the abilities of cities to annex property. He stated that generally the bill will provide that a city wholly or partly located in a county with a population of 500,000 or more may not annex an area with a population of 200 or more unless the city holds an election in that area approving that annexation; and with an area of population of 200 and less, a petition signed by at least 50% of the registered voters is required to annex. He also noted that involuntary annexation would be gone. He further noted that with very limited exceptions beginning September 01, 2017, a city may not enter into a strategic partnership agreement that provides for limited purpose annexation. Additionally, Mr. Woolery stated that with regards to the annexation legislation, if anything passes they will be looking to include an exemption for cities that have areas within cities related to industrial districts. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Resolution No. 2457. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2457 City Council Regular Meeting Minutes January 26,2017 Page 10 of 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE PRIORITIES FOR THE 2017 STATE AND FEDERAL LEGISLATIVE SESSIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution establishing a policy regarding the conduct of city business through written communication on personal communication accounts/devices. City Attorney, Ignacio Ramirez presented the agenda item and stated that the email policy currently in effect is troublesome at times; therefore, this policy allows for electronic mail that deals with city business to be run through a city's email account to be made accessible and open to the public. He stated that this policy will also be extended to the boards and commissions that are for advisory only. Additionally, he stated that the necessary steps were being made to be certain that all involved has access to the city email account. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Resolution No. 2458. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2458 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A POLICY REGARDING THE CONDUCT OF CITY BUSINESS THROUGH WRITTEN COMMUNICATION ON PERSONAL COMMUNICATION ACCOUNTS/DEVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution directing the preparation of a service plan for the involuntary annexation of approximately 230 acres; generally located east of John Martin Road and west of Garth Road; including multiple parcels and the Archer Road right-of-way, west of its intersection with Garth Road in Harris County,Texas. Director of Planning and Community Development, Tiffany Foster presented the agenda item and stated that Resolution No. 2459 directs the preparation of a service plan for the involuntary annexation of approximately 230 acres located between John Martin Road and Garth Road that will cover the development of San Jacinto Boulevard. She stated that this takes in about 32 parcels with about eleven property owners, in which staff will notify those who have agricultural exemptions to provide them with an opportunity to enter into a development agreement, as well as,hold public hearings regarding this annexation. Mrs. Foster stated that staff has already City Council Regular Meeting Minutes January 26,2017 Page 11 of 16 notified many of the property owner's in the area through either the development of San Jacinto Boulevard or through notices of the City's intent to look at this area for annexation and addressed some of their concerns. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Resolution No. 2459. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF APPROXIMATELY 230 ACRES; GENERALLY LOCATED EAST OF JOHN MARTIN ROAD AND WEST OF GARTH ROAD; INCLUDING MULTIPLE PARCELS AND THE ARCHER ROAD RIGHT-OF-WAY, WEST OF ITS INTERSECTION WITH GARTH ROAD IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. CONSENT Council Member Presley inquired if consent agenda item 6.a. was what was discussed during the retreat. Deputy City Manager Bottoms stated that consent agenda item 6.a. was the amendment with the county that includes the San Jacinto Boulevard. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving consent agenda items 6.a. through 6.j. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes January 26,2017 Page 12 of 16 a. Consider an ordinance authorizing the Third Amendment to the Interlocal Agreement with Harris County, the Baytown Redevelopment Authority and the Reinvestment Zone Number One,City of Baytown,Texas. ORDINANCE NO. 13,397 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 THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY, THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the Agreement for Patrol Officers, Vehicles and Equipment, with the Baytown Crime Control and Prevention District. ORDINANCE NO. 13,398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing an Agreement for Fire Training Facility, Personnel, and Equipment with the Baytown Fire Control, Prevention, and Emergency Medical Services District. ORDINANCE NO. 13,399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT FOR A FIRE TRAINING FACILITY, PERSONNEL AND EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance approving the Second Amendment to the Water Supply Contract -- Treated Water between the Baytown Area Water Authority and Country Terrace Water Co, Inc., to increase the contract quantity. ORDINANCE NO. 13,400 City Council Regular Meeting Minutes January 26,2017 Page 13 of 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE SECOND AMENDMENT TO THE WATER SUPPLY CONTRACT — TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND COUNTRY TERRACE WATER CO, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving the First Amendment to the Water Supply Contract--Treated Water between the Baytown Area Water Authority and Harris County Water Control and Improvement District No. 1 to increase contract quantity. ORDINANCE NO. 13,401 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FIRST AMENDMENT TO THE WATER SUPPLY CONTRACT — TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing a Contract Amendment to the Amended and Restated Water Supply Contract with the Baytown Area Water Authority to increase the contract quantity. ORDINANCE NO. 13,402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE AMENDED AND RESTATED WATER SUPPLY CONTRACT WITH THE BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance approving the First Amendment to the Water Supply Contract--Treated Water between the Baytown Area Water Authority and Harris County Fresh Water Supply District No. 27 to increase the contract quantity. ORDINANCE NO. 13,403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FIRST AMENDMENT TO THE WATER SUPPLY CONTRACT — TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 26,2017 Page 14 of 16 h. Consider an ordinance authorizing a contract with Trafficware Group, Inc., for the sole source purchase of hardware and software for an adaptive traffic signal control system. ORDINANCE NO. 13,404 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 A CONTRACT WITH TRAFFICWARE GROUP, INC., FOR THE SOLE SOURCE PURCHASE OF EQUIPMENT AND SOFTWARE FOR THE ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($256,750.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the sole source purchase of four (4) Traffic Signal Controller Cabinets from Trafficware. ORDINANCE NO. 13,405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY-SIX THOUSAND NINE HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($56,945.00) TO TRAFFICWARE GROUP, INC., FOR THE SOLE SOURCE PURCHASE OF FOUR (4) TRAFFIC SIGNAL CONTROLLER CABINETS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the City Manager to renew a services agreement for administration of an employee health clinic,including medical services and supplies. ORDNANCE NO. 13,406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO RENEW A SERVICES AGREEMENT WITH CAREHERE FOR THE ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($575,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 26,2017 Page 15 of 16 7. APPOINTMENTS a. Consider seven(7) appointments to the Charter Review Committee. City Clerk, Leticia Brysch presented the agenda item to consider Council Member Alvarado's appointment of Mr. Agustin Loredo, Council Member Hoskins's appointment of Mr. Pi-Yi Mayo, Council Member Johnson's appointment of Jo Ann Fenley, Council Member Sain's appointment of Mrs. Heather Betancourth, and Council Member Presley's appointment of Ms. Vivian Hemphill to the Charter Review Committee. Mayor DonCarlos and Council Member McCartney both stated that their appointments were not ready. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving the appointments of Mr. Agustin Loredo, Mr. Pi-Yi Mayo, Ms. Jo Ann Fenley, Mrs. Heather Betancourth, and Ms. Vivian Hemphill to the Charter Review Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 8. MANAGER'S REPORT Assistant City Manager Troller presented acknowledgement to all involved in the collaborative marketing effort to have a sellout crowd for a Lee College basketball game scheduled for Saturday, January 28, 2017, at Lee College. City Manager Davis introduced Steven Rhea, the new Development Director and acknowledged the tourism staff for their presentation to a group of fifth graders at Austin Elementary. He also acknowledged Anthony Seales for his excellence in customer service and Detective Luzette Watkins for her presentation of protection against skimmers, sliders, and juggers. Additionally, he recognized Detective Scott Vice, Officer Clayton Breeding, and Officer Van Maddox for achieving their respective Peace Officers Certificates. 9. ADJOURN A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Robert C. Hoskins adjourning the January 26, 2017, City Council Regular Meeting. The vote was as follows: City Council Regular Meeting Minutes January 26,2017 Page 16 of 16 Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the January 26, 2017, City Council Regular Meeting at 7:44 P.M. I •- / /AA._ Le icia Brysch, City Cler - ` City of Baytown i s2t 1,11 0.),(%.••I.....1,1 jitioikra .�