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2017 02 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN Febmary 23, 2017 The City Council of the City of Baytown Texas met in a Regular Meeting on Thursday February 23 2017 at 6:30 P M in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown Texas with the following in attendance Laum Alvarado Council Member Robert Hoskins Council Member Charles Johnson Council Member David McCartney Council Member Chris Presley Council Member Terry Sam Council Member Stephen H DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Anes Mayor DonCarlos convened the February 23 2017 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 Alvarado MINUTES a Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on January 26 2017 A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David McCartney approving the January 26, 2017, City Council Regular Work Session and Meeting minutes 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 Sam Council Member Chris Presley Nays None Approved City Council Regular Meeting Marines February 23 2017 Page 2 of g RECOGNITIONS AND CITIZEN COMMUNICATIONS a Ms Mary C West requested to appear before Council to discuss possible modifications to the food truck ordinance Ms West stated with regards to the locations of operations that specifically states that no motor unit may operate for more than two (2) hours at any location other than city designated mobile places within the ACE Zoning District of the City of Baytown that she would like to request a variance for such because it's not enough time to setup serve and close down She stated that in trying to get a permit for one (1) year, most places requests to have breakfast and lunch which is an approximate timeframe from 7*00 A.M to 1 00 P M Additionally she stated in reference to access to toilets that most of the business don't want the generator right next to their building or new their customers and further inquired if the 150 feet distance could be adjusted Mayor DonCarlos requested that city administration and legal departments bring to council revisions of such request to be considered at another council meeting as soon as they can Maria Zoer registered to speak regarding agenda item 2.a. but did not do so 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 10 Years Drew Potts, Purchasing Manager Jesse Gutierrez Police Jarl Supervisor PROPOSED ORDINANCES a Consider an ordinance awarding a construction contract to Angel Brothers Enterprises LTD, for the Hunt Road East Project Deputy City Manager Bottoms presented the agenda item and stated that this item is for the HEB widening project He stated that the scope of work consists of widening Hunt Road east of Garth by approximately 1,500 -feet, including drainage and utility improvements He further stated that Angel Brothers Enterprises LTD was the one and only bid for this project in the amount of $4.3 million, which was under the engineers estimate of $4.9 million A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Robert C Hoskins approving Ordinance No 13 416 regarding agenda item 3.a The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Council Member Robert C Hoskins Mayor Pro Tem David McCartney Council City Council Regular Meeting Minutes February 23 2017 Page 3 of g Member Laura Alvarado Council Member Terry Sam Council Member Chris Presley Nays None Approved ORDINANCE NO 13,416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES LTD FOR THE HUNT ROAD EAST PROJECT AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES LTD, FOR SAID PROJECT AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF FOUR MILLION THREE HUNDRED TWENTY THOUSAND NINETY SIX AND NO/100 DOLLARS ($4,320,096.00) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF PROPOSED RESOLUTIONS a Consider a resolution authorizing a grant application to the FY17 State Homeland Security Grant Program on behalf of the Police Department Police Chief Dougherty presented the agenda item and stated that this grant is for the purchase of technology equipment to be used by investigators which also Includes training staff A motion was made by Council Member Robert C Hoskins and seconded by Council Member Laura Alvarado approving Resolution No 2464 regarding agenda item 4.a. 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 Sam Council Member Chris Presley Nays None Approved RESOLUTION NO 2464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION FOR THE FY2017 City Council Regular Meeting Minutes February 23 2017 Page 4 of 8 STATE HOMELAND SECURITY PROGRAM FOR LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES THROUGH THE HOUSTON GALVESTON AREA COUNCIL ON BEHALF OF THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($205,000.00), DESIGNATING AN AUTHORIZED REPRESENTATIVE ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider a resolution authorizing a grant application to the FY2018 JAG Grant program through the Houston Galveston Area Council (H GAC) on behalf of the Police Department Mayor DonCarlos stated that agenda item 4.b was pulled from the agenda REPORTS The agenda was taken out of order as Finance Director, Wade Nickerson requested that agenda item 5.6 be considered prior to agenda item 5.a b Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2016 Ms Stephanie Hams, a partner with Belt Harris and Pechacek, LLP presented the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the year ending September 30 2016 She stated that these reports were reviewed in more detail with the Finance Committee earlier during the week In reporting the highlights of the Comprehensive Annual Financial report she stated that they issued a clean unmodified opinion on the city's financial statement She noted for informational purposes that unmodified is the highest level of assurance they provide as the city's independent auditor and that the financial statements are materially correct and that all disclosures required by are generally accepted accounting principles me included Ms Hams stated that on a full accrual basis, the city incurred expenses in the amount of $148,984,677, collected charges for services in the amount of $58,156,494, received operating grant and contributions to the amount of $4.9 million received capital grants and contributions in the amount of $12.9 million, had a net expense of $73 million and after a total general revenues of $87,420,000 there was a positive increase in the ending net position of $144 million She noted that the city was able to take advantage of a drop in long term debt interest rates and as a result was able to issue some refunding debt and retire some old series at a much higher rate saving lust under $5.6 million in long term debt payments in the next twelve years Ms Harris further stated that they also issued a single audit report which is required when the city expends more than $750,000 in federal grant dollars in a twelve month time period She stated that for the 2016 fiscal year the city had lust over $10 million in federal grant programs She further stated that the community development program, which represented $7 million of those $10 million grant funds, was also issued an unmodified opinion on the city's compliance City Council Regular Meeting Minutes February 23 2017 Page 5 of S with those federal grant requirements a Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2016 Finance Director, Wade Nickerson presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31 2016 and stated that the sales tax receipts were about 3% over this time last year With regards to revenues he stated that the general fund was at 60% for the quarter with the bulk of the IDA's being collected and that no aquatics was collected during this time He stated that although some of the funds were trending just a little less than expected, staff is optimistic that they will come within budget by the end of the year He stated that some of the expenditures were slightly over the anticipated 25% margin due to projects starting to take place dining this time period He noted that the waste management contract was encumbered which is some of the reason that the sanitation fund is at 74% Additionally Mr Nickerson stated that there was $155.4 million in the portfolio at a rate of .6356% eaming just under $200,000 in revenue CONSENT Although Mike Bauer and Kenny Baines both registered to speak regarding consent agenda item 6.a., there was no speakers A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving consent agenda nems 6.a through 6.f 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 Sam Council Member Chris Presley Nays None Approved a Consider an ordinance granting pipeline permits to SBE Chemical Partners I LLC, for three new pipelines ORDINANCE NO 13,417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, GRANTING PIPELINE PERMITS TO SBE CHEMICAL PARTNERS I LLC, TO INSTALL TWO NEW FOUR INCH (4") PIPELINES AND ONE NEW SIX INCH (6 ) PIPELINE IN A NEW PIPELINE CORRIDOR, ESTABLISHING THE AMOUNT OF THE BOND AUTHORIZING AND City Council Regular Meeang Minutes Febnmy23 2017 Page 6 of 8 DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR, MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider an ordinance authorizing the renewal of the Annual Electrical Motor Control Center Services Contract to Baytown Electric Company ORDINANCE NO 13,418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM OF ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF c Consider an ordinance authorizing the renewal of the Annual Electrical Services Contract with Baytown Electric Company ORDINANCE NO 13,419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT AND CHANGE ORDER NO I TO THE SAME AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM OF TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) MAKING OTHER PROVISIONS RELATED THERETO. AND PROVIDING FOR THE EFFECTIVE DATE THEREOF d Consider an ordinance authorizing the second renewal of the Annual Ron Off Container Services Contract to Waste Management of Texas Inc ORDINANCE NO 13,420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC., FOR THE ANNUAL ROLL OFF CONTAINER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM OF TWO HUNDRED FORTY FOUR THOUSAND FIFTEEN AND 25/100 DOLLARS ($244,015.25), AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Council Regular Meeting Minutes February 23, 2017 Page 7 of 8 e Consider an ordinance authorizing the renewal of the Annual Mowing, Edging and Trimming Services Contract with Grant Smith Mowing, Inc.; and authorizing Change Order No 1 for additional services to enhance the City's beautification efforts ORDINANCE NO 13 421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS RENEWING THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT WITH GRANT SMITH MOWING, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM OF TWO HUNDRED SIX THOUSAND TWO HUNDRED SEVENTEEN AND 74/100 DOLLARS ($206,217 74), AUTHORIZING CHANGE ORDER NO I IN THE AMOUNT OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), AND PROVIDING FOR THE EFFECTIVE DATE THEREOF f Consider an ordinance authorizing the renewal of the Annual Sulfur Dioxide Contract with DXI Industries, Inc ORDINANCE NO 13 422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES INC. AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF EIGHTY SIX THOUSAND NINE HUNDRED TWENTY FOUR AND NO/100 DOLLARS ($86,924.00) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF MANAGER'S REPORT a Present information regarding the "Brown Bag Lunch" at Town Square every Tuesday in March Director of the Parks and Recreation Department, Scott Johnson presented the agenda item and stated that they will host `Brown Bag Lunch at Town Square' every Tuesday in March from 11 30 A.M — 1 30 P M He noted that the city will not provide the lunches, but will provide a free concert of local artists to include the following Tuesday, March 7 Ryan Guidry Tuesday March 14 Philip Moreno Tuesday March 21 Clint Glaze Tuesday March 28 Dexter Gutierrez City Manager Davis acknowledged Erick Paz for achieving his Class B Wastewater Certification He stated the he receive a letter from the Texas Municipal Courts Education Center commending the City of Baytown's Municipal Court for celebrating municipal court City Council Regular Meeting Minutes February 23 2017 Page 8 of 8 week Additionally he acknowledged Officers Richter Filyaw and Clint Holden for their professionalism while assisting citizens ADJOURN A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David McCartney adjourning the February 23, 2017 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 Sam, Council Member Chris Presley Nays None Approved With there being no further business to discuss Mayor DonCarlos adjourned the February 23 2017. City Council Regular Meeting at 6:56 P M Leticia Brysch City ClerkM ;y f City of Baytown r N.u:.Iwai,