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2017 03 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 23, 2017 The City Council of the City of Baytown Texas met in a Regular Meeting on Thursday March 23 2017 at 6:33 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 Sam Council Member Stephen H DonCados Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the March 23 2017 City Council Regular Meeting with a quorum present at 6.33 P M. all members were present. Pledge of Allegiance Texas Pledge and Invocation was led by Council Member Johnson MINUTES a Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on February 23 2017 A motion was made by Council Member Robert C Hoskins and seconded by Council Member Lama Alvarado approving the February 23, 2017, City Council Work Session and Regular Meeting minutes The vote was m 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 Chris Presley Nays None Other Council Member Terry Sain (Abstain) City Council Regular Mecung Minutes March 23 2017 Page 2 of 17 Approved RECOGNITIONS AND CITIZEN COMMUNICATIONS a Introduction of Ms Shana Lopez as the Waste Management Public Sector Solutions Manager, which includes our Baytown Account Manager Ms Lopez introduced herself as the Waste Management Public Sector Solutions Manager in which she offers solutions to waste and recycling 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 Recaldo Webster, Public Works Heavy Equipment Operator 11 20 Years Enc Freed, Police Lieutenant 30 Years Kenneth Dew Police Sergeant C Presentation of the Excellent Service Medal by the Chief of Police to Officer Clint Holden Mayor DonCarlos stated that agenda item 2.c was moved to the next council meeting PUBLIC HEARINGS a Conduct the first public hearing concerning the involuntary annexation of approximately 235.981 acres, generally located east of John Martin Road and west of Garth Road, including multiple parcels and a part of the right -of way of Archer Road, west of its intersection with Garth Road, situated in the W C.R.R Survey, Abstract No 899 and the T T Ristergen Survey, Abstract No 1425, Harris County, Texas At 6:44 P M., Mayor DonCarlos opened and conducted the first public hearing concerning the involuntary annexation of approximately 235.98* acres, generally located east of John Martin Road and west of Garth Road, including multiple parcels and a part of the right -of way of Archer Road west of its intersection with Garth Road situated in the W C.R.R Survey, Abstract No 899 and the T T Ristergen Survey, Abstract No 1425 Harris County Texas Planning and Community Development Director, Tiffany Foster presented a summary of this first public hearing concerning the involuntary annexation of approximately 235 981 acres She stated that this particular area was chosen first to be initiated because of the major City Council Regular Meeting Minutes March 23 2017 Page 3 of 17 investment going into San Jacinto Boulevard She stated that the annexation includes closing some of the holes going towards the commercial corridor Mayor DonCarlos inquired if an area along South Road was missed when the large annexation between Cedar Bayou Lynchburg and Archer Road was done a few years prior In response to Mayor DonCarlos's inquiry, Mrs Foster stated that when the couple hundred acres of annexation was done a few years ago, West of Garth Road was not included With there being no one registered to speak regarding agenda item 3.a. Mayor DonCarlos closed the first public hearing at 6:46 P M 4 RECONSIDERATION OF REZONING FOR 7510, 7522 AND 7600 BAYWAY DRIVE a. Consider the reconsideration of rezoning 7510, 7522 and 7600 Bayway Drive, more particularly described as Lots 99 through 101, Block 27 Elena Fruit and Cotton Farms, Unit D, Harris County, Texas, from Neighborhood Serving Commercial (NSC) to General Commercial (GC) Mayor DonCarlos presented the agenda item and stated that it is somewhat unusual, but not unheard of for council to reconsider items that have been previously brought before them He noted that it is his policy that whenever a resident comes before Council they have the opportunity to adequately present their case and be heard He also noted that he never wants a citizen, after presenting a project or concern to leave with the impression that they were not allowed to do so He stated that in this case Ms Navarre requested to the rezoning of a parcel, along with two (2) city requests on additional parcels, on Bayway Drive to expand to a zoning designation of general commercial (GC) which would allow her to put a storage facility that stores boats and RV's behind her proposed office gymnasium complex He stated that Ms Navane felt that at her last meeting before council she was not prepared to present her information to show what her project actually entails because she was under the impression that it wasn't necessary being that she went through the Planning and Zoning Commission "P&Z" process and it was voted on unanimously for recommendation to be rezoned He noted that three (3) council members or the Mayor may exercise the right solely to place an item on the agenda for reconsideration Mayor DonCarlos stated that the process includes the approval of agenda item 4.a by the majority of council in order for the item to be reconsidered and if Council decides of such reconsideration they would proceed to agenda items 4.b and 4.c Mayor DonCarlos further stated that if after considering agenda items 4.b and 4.c., his suggestion is to approve or deny both items together rather than separate in order to be consistent Barry Bobbitt, Ed Mackert Steven Adnan Calvin Mundinger, Ken Martin Billy Ken and Lisa Little all registered to speak before the public hearing regarding agenda item 4.a Mr Bary Bobbitt stated that he's lived in Lakewood for 29 years been in commercial real estate in Baytown and East Hams County for 40 years, and was on the P&Z Commission for 20 years City Council Regular Meeting Minutes March 23 2017 Page 4 of 17 to include being chairman and vice president He stated that storage's should not be detrimental to Bayway Drive being that they are located in other areas in Baytown and Houston He stated that additional new development encourages new development which is needed on Bayway Drive and he recommends support of the zoning requests Mr Ed Mackert stated that he's been a Lakewood resident for 67 years and he's seen Bayway Drive go up and down with various enterprises He stated that currently it seems to be an upward trend which is furthering his interest in some of the properties particularly north of the Wooster community Additionally he stated that he's reviewed some of the plans to the proposed office complex and believes it would be a great enhancement to the area Mr Steven Adrian stated that Ms Navarre's plans were examined thoroughly and brought concerns of rezoning for the storage unit because of the uncertainty of what could result from it in the future Additionally he noted that majority of the Lakewood residents are welcoming the gym and yoga studio, but are concerned as to what would be brought in afterwards Council Member McCartney stated that he was told that the storage unit was not going to be put in until later and was led to believe that it wasn't of an urgent nature so the zoning didn't have to go through right now Mr Calvin Mundinger stated that he's in support of the project He stated that a while back Ms. Navarre purchased the old Fire House #5 then refurbished it turning it into a crossfit facility and office building improving the esthetics of Bayway Drive in that area. He stated that she's coming before Council with a request to build some of the most esthetically pleasing structured office buildings and storage units on Bayway Drive Additionally he stated that new development is needed on Bayway DriVe and this would be an improvement in that area as the developer has proven to be a responsible corporate neighbor Mr Ken Martin stated that the northern part of Bayway Drive has struggled for decades, but currently appears to be improving He stated that of all of the people that he's spoken to no one is opposed to the cross fit and office facilities but are concerned with the storage facility as well as with the rezoning to GC which opens the door for any type of business along Bayway Drive He stated that Council Member Johnson had a community meeting in the Lakewood area which resulted with positive attendance, whereas Ms Navarre presented her plans He stated that the overall result from that meeting was that no minds were changed and additionally requested that Council agree to leave the zoning as is to protect Bayway Drive. Mr Billy Kerr stated that he's lived in the Baytown area since 1942 and has lived in the same house in Lakewood since 1963 He stated that the zoning designation of Neighborhood Serving Commercial "NSC" says it all He noted that according to the handout that was prepared by his research staff that he presented to Council indicated to him that storage units me crime magnets for some apparent reason and also noted that his units on Decker and Bayway Drive have been broken into on different occasions Ms Lisa Little stated that at the last meeting in February she presented reasons as to why Council should reject the storage facility and left satisfied with the unanimous decision to City Council Regular Meeting Minutes March 23 2017 Page 5 of 17 vote it down She stated that during that same meeting Ms Navarre was permitted to build her office building and proposed yoga studio She stated that several weeks later Council Member Johnson held a meeting in which she attended with the belief that it was to discuss the development of Bayway Drive but instead time was used for Ms Navarre to present her sales pitch of the storage facility in which she (Ms Little) believed was resolved at the council meeting Ms Little noted that she felt blindsided because that was not the intent of her attending the meeting. She stated that dunng the current week she unexpectedly learned that the issue was on the agenda of this council meeting which came as another surprise consequently with all due respect to Council having many confused and concerned Ms Little stated that it becoming clearer as she follows the dotted lines that this is not about enhancing the neighborhood with nice buildings that are approved, but simply about wanting the rezoning of her neighborhood She further stated that her reasoning for believing such is because when Ms Navarre purchased the land from the city that she wanted to put the storage facility on, she was fully aware of the zoning being that she owns property on Bayway Drive approximately a couple of blocks down She stated that despite being granted permission for the office building and proposed yoga studio this issue persists and the question is why Ms Little stated that transparency builds trust and in this case it is lacking Additionally, she stated that rezoning should not be an impulsive decision and because nothing has changed since the last meeting further recommending that this item not be reconsidered Ms Navarre noted that she's being transparent and further stated that she and her partner purchased the property at 7600 Bayway Drive through a foreclosure She stated that they tried hard to keep extending the time to see if they could get the land rezoned, but couldn't so they purchased it She stated that because they were successful at this location when other businesses were not further thought it would be good to improve another piece of property further down the same road Ms Navarre stated that at the last meeting she didn't bnng anything with her because she thought that since the P&Z had unanimously agreed to recommend the rezoning that she didn't need to She stated that their plan is to build a cross fit gym, the yoga studio, and the offices fust but when reviewing the property they decided that they needed to get more revenue from the back of the property to make the front of the property work She further stated that they received lots of drive by business at the current cross fit location at 7210 Bayway Drive and has the same expectation for this facility which is why the cross fit facility is designed to be in the front of the property facing Bayway Drive She stated that the enclosed secured RV and boat storage will be behind the proposed layout facility facing Bayway Drive and noted that her facility will have security cameras as well as, be gated in and out Additionally Ms Navarre stated that if allowed for the rezoning they will increase the property value, commerce, sales tax revenues, and property tax revenues During further discussion Council Member Alvarado inquired as to what would be the future plans for the mixed use In response to Council Member Alvarado's inquiry Ms Navarre stated that because they've been successful they want to encourage other businesses to develop on Bayway Drive Ms Navarre noted that there's lots of traffic from various locations traveling Bayway Drive that are then customers Additionally she stated that if granted mixed use, it will not be an RV or storage, but they're hoping that it's profitable enough to extend to another retail space City Council Regular Meeting Minutes March 23 2017 Page 6 of 17 Mayor DonCarlos inquired for clarity purposes if the RV and storage facility would be visible to see from Bayway Drive although the location is on the back end of the property far behind the building facing Bayway Drive that is spaced with a detention pond and a section of shrubs Ms Navarre stated that she's not sure how one would see it very well and noted that this storage is a niche market for Lakewood Council Member Johnson inquired as to why not build the mixed use office space now In response to Council Member Johnson's inquiry, Mr Navarre stated that the reason she would like to rezone and do the whole thing is so that her site work is done at one time to save on mobilization costs and avoid the inconvenience to their current or future customers During further discussion, Council Member Presley stated that although he respects that there's a policy in place for reconsideration, if he'd known that the process was in place for three (3) signatures, he would have lobbied two (2) other council members to sign a petition to have the item brought back before council for the Hispanic lady who wanted to have a boutique on Schilling Street but wasn't approved due to the vote A motion was made by Council Member Terry Sam and seconded by Council Member Robert C Hoskins approving agenda item 4.a regarding the reconsideration of rezoning 7510 7522 and 7600 Bayway Drive, more particularly described as Lots 99 through 101, Block 27, Elena Fruit and Cotton Fames Unit D, Hams, County, Texas. from NSC to GC The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Robert C Hoskins Mayor Pro Tem David McCartney Council Member Laura Alvarado, Council Member Terry Sam. Council Member Chris Presley Nays Council Member Charles Johnson Approved Mayor DonCarlos stated that agenda items 4.b and 4.c would be considered together for the sake of being consistent b Consider an ordinance amending the official zoning map to rezone approximately 9 71 acres of land located at 7510 and 7522 Bayway Drive, Lots 100 and 101, Block 27, Elena Fruit and Cotton Farms, Unit D, Harris County Texas from Neighborhood Serving Commercial (NSC) to General Commercial (GC) c Consider an ordinance approving a proposed amendment to the official zoning map to rezone approximately 4.85 acres of land, located at 7600 Bayway Drive, Lot 99, Block 27, Elena Fruit and Cotton Farms D, Harris County, Texas, from Neighborhood Serving Commercial (NSC) to General Commercial (GC) Mrs Foster presented a summary of this agenda item and stated that this proposed ordinance amends the official zoning map to rezone three (3) parcels from Neighborhood Serving Commercial (NSC) to General Commercial (GC) She stated that council took action to change City Council Regular Meeting Minutes March 23 2017 Page 7 of 17 the future land use plan in this area to a commercial corridor designation and these three (3) properties were also requested to be rezoned to commercial property She stated that one property previously discussed, already has a plan for development and currently there are no plans for redevelopment for the other two properties sponsored by the city Mayor DonCarlos stated that he understands the request for the project for Ms Navarre's property but inquired of the reasoning for the other two parcels Mrs Foster stated that the reasoning for the request for the other two parcels was to provide for some adjacency of the general commercial zoning designations so that it's no spot zoning. City Attorney, Ignacio Ramirez requested for Mrs Foster to go over the criteria that Council should use when making these decisions Mrs Foster stated that as with any zoning case, the seven (7) criteria's that Council should use for consideration which is also used by the P&Z Commission, include 1) consistency with guiding documents, which in this case would be the consolidated plan and the future land use plan 2) compatible to the surrounding areas 3) promotion of health safety and general welfare 4) facilitation of infrastructure, 5) changed conditions 6) effect on natural environment, and 7) community need Council Member Johnson inquired if community need was specifically defined as if there's a need for community development Mrs Foster stated that community need could be described in many different ways, such as, if there's a need for a commercial development if there's a need for the types of development allowed in general commercial, or if there's enough traffic to support different types of development Mrs Foster also noted that in flus case P&Z's listed recommendation for community need is that this development will build the local economy along an area that already has existing infrastructure it will expand the land uses for underutilized part of the city, and it could provide mcentive for other redevelopment along this area in transition Some people registered to speak regarding agenda items 4.a. 4 It. and 4.c., and because of such, Mayor DonCarlos stated that he would call those that are registered to speak specifically to agenda items 4 b and 4.c. then allow for additional comments from those who spoke regarding agenda item 4.a. that also registered to speak regarding agenda item 4.b and 4.c as well Barry Bobbitt Ed Mackert, Steven Adnan, Calvin Mundmger Billy Kerr and Lisa Little all registered to speak regarding agenda items 4.b and 4.c. and also spoke regarding agenda item 4.a Randee King and Swan Serwan both registered to speak regarding agenda item 4.b DeAnne Navarre and Dennis Rollin both registered to speak regarding agenda item 4.c Ms Randee King stated she's lived in Lakewood for approximately three (3) years and is opposed to the rezoning because of the unknown of what businesses would become of the other two (2) properties. Additionally, she stated that another storage facility would not add to the esthetics on Bayway Drive City Council Regular Meeting Minutes March 23 2017 Page 8 of 17 Ms Susan Serwan stated that she's been a resident of Lakewood for approximately 16 years and agrees that the zone should remain as NSC because of the uncertainty of the future properties if zoned GC Mr Dennis Rollin passed on his opportunity to speak Mr Billy Ken made an addition comment and stated that Council should not set a precedent that anybody can purchase land and have it rezoned because it was done for someone else Ms Lisa Little stated that in faimess to the residents of Lakewood, if Council wants to seriously consider this rezoning, the community should be able to be prepared to present other people and arguments against such being that many thought this was already resolved at the last meeting Mayor DonCarlos asked Mrs Foster as to what types of uses are permitted in GC Mrs Foster stated that RV parks can be developed in GC if there's five (5) acres and go through the special use permit process but noted that mobile home parks and truck stops were not allowed Additionally she noted that vehicle repair shops, body shops, equipment rental half -way houses homeless shelters, warehousing light manufacturing and used car lots were permitted Council Member McCartney noted that approximately 80% of Bayway Drive is zoned MU which is more liberal than what GC is currently and that majority of the street is zoned MU and GC Council Member Presley stated that as he inquired during the work session, if council could as an option, tweak the content and the text of neighborhood serving commercial to allow storage of a certain size or scale that's fitting for a neighborhood in which this would also be an opportunity to address other uses, such as a grocery store Additionally he stated that he is not in favor of the request to GC based on some of the allowed uses permitted Council Member Johnson stated that in doing research he spoke with people who owned boats and RV's who stated that they would not pay someone to house them if they're allowed in the deed restriction With regards to a market demand for storage, he further stated that Best Storage Facility will have approximately 25 covered spaces accommodated for such, and that his vote is reflective of the facts that he presented Mr Frank McKay stated that he's the Treasurer of the Lakewood Civic Association and that the deed restriction says that residents can have an RV, as well as, a boat that has to pass the front line of your house, but that iPs not on the driveway or front lawn Additionally, he stated that they encourage people to use storage because they don't want the neighborhood trashed which is why they try to keep their deed restrictions in line with the city Mr Ramirez reminded Council that a vote of five (5) is required to approve the amendment Council Member Sam stated that in receiving information regarding storage units in Baytown, there are a large number of them that have no vacancies for boats and RV's Additionally, he stated that in some of the neighborhoods in his district he's had to battle with civic associations regarding boats and RV's being parked in yards City Council Regular Meeting Minutes March 23 2017 Page 9 of 17 Mayor DonCarlos stated that he's uncomfortable with Council trying to predict the success or failure of a business in the city, as Council's position is to determine if this is an appropriate use of the property in relation to Lakewood which is currently majority residential area He stated that if this was a typical storage facility fronting Bayway Drive he would be against it but according to the drawings that he's seen the storage facility would not be visible as it is going to be a small facility several layers to the back separated by at least one (1) property budding, a retention pond and a line of shrubbery He further stated that he was a bit concemed about the two adjacent tracks requested by the city to be changed to GC, but he's in favor of allowing the zoning request change to allow Ms Navarre to complete her project Council Member Alvarado noted that with regards to the fire station currently on Bayway Drive, this could possibly be a situation similar to that of the issue with traffic and the fire station on Garth Road Council Member McCartney noted that he owns ten acres on Bayway Drive and received a call the day prior to this meeting from a broker regarding an interested buyer who wanted to put a boat and RV storage facility on the property He stated that if people wanted more control in this area, there would have to be an overlay similar to that of the ACE District and define which uses would be permitted He also noted before there was zoning this whole area was mixed use City Manager Davis stated for informational purposes that it's important for Council to consider that the difference between NSC and GC in which GC entails more than just use and include standards During further discussion Council Member Presley inquired that if this was to fail would it preclude people from coming back quickly and trying to get a text change on NSC or would that option still be available Mayor DonCarlos stated that they would have to go through the text change process Mrs Foster noted that from the time the text change request is submitted the P&Z the timeframe would be approximately 90 days. but depends on what Council wants Council Member McCartney inquired if this would make all the other properties that are GC on Garth, Main and Alexander non conforming. In response to Council Member McCartney's inquiry, Mrs Foster stated that this would make them non -conforming. Council Member Presley stated for clarity that his recommended intent was a text change that was more inclusive to NSC and not exclusive to GC A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David McCartney approving agenda items 4.b and 4.c to approve the zoning request change. By a show of raising their right hands, the vote was as follows Ayes Mayor Stephen DonCarlos, Mayor Pro Tem David McCartney Council Member Terry Sain Nays Council Member Charles Johnson Council Member Robert C Hoskins, Council Member Laura Alvarado Council Member Chris Presley The motion failed City Council Regular Meetuig Minutes March 23 2017 Page 10 of 17 a Consider an ordinance authorizing a Professional Services Agreement with ARKK Engineers, L.L.0 for the 2017 Water and Wastewater Master Plan Project Director of Engineering, lose Pastrana presented the agenda Item and stated that the services entail updating the City of Baytown's current Water Master Plan and creating Baytown's Wastewater Master Plan in which these plans will be used as the basis for planning future infrastructure projects and budgets A motion was made by Council Member Robert C Hoskins and seconded by Council Member Charles Johnson approving Ordinance No 13,429 regarding agenda item 5.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 Sain Council Member Chris Presley Nays None Approved ORDINANCE NO 13 429 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 A PROFESSIONAL SERVICES AGREEMENT WITH ARKK ENGINEERS L.L.C. FOR THE 2017 WATER AND WASTEWATER MASTER PLAN PROJECT AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED TEN AND N0/100 DOLLARS ($227 310.00) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider an ordinance approving the purchase and installation of necessary equipment for the Public Works Fuel Center Project from BCK Interests, LLC, d/b/a Fuel Control Solutions through the Texas Local Government Purchasing Cooperative (Buyboard) Mr Pastrana stated that Ordinance No 13 430 authorizes the purchase and installation of all necessary equipment to remove and replace the existing above ground fuel tanks, fuel dispensers fuel pumping systems, and ancillary hardware at the City of Baytown Public Works Fuel Center He stated that this will be done through the Texas Local Government Purchasing Cooperative (Buyboard) at a cost of $536,919.84 He further stated that the existing City Council Regular Meeting Minutes March 23 2017 Page 11 of 17 fueling facility for the City of Baytown is at the end of its useful life and needs to be replaced as staff is experiencing failure of the dispensing, electrical and pumping systems. He stated that the pumps are cracking and rusting the interior Additionally, he stated that recently there was a leak that contaminated the soil around it and staff is currently monitoring the wells that monitor the contamination in the soil A motion was made by Council Member Robert C Hoskins and seconded by Council Member Terry Sam approving Ordinance No 13 430 regarding agenda item 5.b 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 ORDINANCE NO 13 430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AUTHORIZING THE PAYMENT OF FIVE HUNDRED THIRTY SIX THOUSAND NINE HUNDRED NINETEEN AND 84/100 DOLLARS ($536,919 84) TO BCK INTERESTS, LLC D/B/A FUEL CONTROL SOLUTIONS FOR THE PURCHASE, REMOVAL, AND INSTALLATION OF NECESSARY EQUIPMENT FOR THE PUBLIC WORKS FUEL TANK PROJECT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF a Consider a resolution denying the application to increase rates tiled by CenterPoint Energy Resources Corp d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas on or about November 16, 2016 Mr Ignacio Ramirez presented the agenda item and stated that in November there was a request for a rate increase whereas Council chose to suspend those rates until an effort could be made to reach a settlement He stated that there is a proposed settlement that was recently worked out however, the paperwork is not done so staff has been advised to go ahead and reject the settlement, which gives time to get the settlement paperwork for Council's approval A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Terry Sain approving Resolution No 2467 regarding agenda item 6.a. The vote was as follows City Council Regular Meeting Minutes March 23 2017 Page 12 of 17 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 2467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS DENYING THE APPLICATION 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, REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF CONSENT A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving consent agenda items 7 a through 7 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 approving the Professional Service Agreement between the Baytown Area Water Authority and KIT Professionals, Inc., for the Baytown Area Water Authority Chemical Facilities Improvements Project ORDINANCE NO 13,431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND KIT PROFESSIONALS, INC., FOR THE BAYTOWN AREA WATER AUTHORITY CHEMICAL FACILITIES IMPROVEMENTS PROJECT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Council Regular Meeting Minutes March 23 2017 Page 13 of 17 In Consider a resolution authorizing an interlocal agreement with the City of Richardson to enable both municipalities to leverage the other's competitively bid contracts ORDINANCE NO 13432 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 COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF RICHARDSON, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF c Consider an ordinance authorizing the purchase of Cityworks software and services from Azteca Systems, Inc., using the recently established interlocal agreement with the City of Richardson, Texas ORDINANCE NO 13,433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE PAYMENT OF ONE HUNDRED TEN THOUSAND AND NO/100 DOLLARS ($110,000.00) TO AZTECA SYSTEMS INC., FOR THE PURCHASE AND INSTALLATION OF CITYWORKS SOFTWARE, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF RICHARDSON MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF it. Consider an ordinance authorizing the award of the Annual Demolition of Residential Structures Contract to Grant Mackay Company, Inc ORDINANCE NO 13 434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS ACCEPTING THE BID OF GRANT MACKAY COMPANY INC. FOR THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00), MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF e Consider an ordinance renewing the Annual Concrete Aggregate Contract with Smart Materials, Inc Council Member Sam inquired if this was for city's own use Deputy City Manager Bottoms confirmed that tins is just for city's use by stating yes City Council Regular Meeting Minutes March 23 2017 Page 14 of 17 ORDINANCE NO 13,435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS RENEWING THE CONTRACT OF SMART MATERIALS, INC., FOR THE ANNUAL CONCRETE AGGREGATE 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 f Consider an ordinance authorizing the award of the Annual Cleanup and Mowmg to McLemore Building Maintenance, Inc., and Hydrozone Landscape Corporation ORDINANCE NO 14,436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE BIDS OF MCLEMORE BUILDING MAINTENANCE INC. AND HYDROZONE LANDSCAPE CORPORATION FOR THE ANNUAL CLEANUP AND MOWING CONTRACT AND AUTHORIZING PAYMENT OF TWO HUNDRED SEVENTY FIVE THOUSAND AND NO/100 DOLLARS ($275,000.00) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF S. APPOINTMENTS Consider two (2) appointments to the Baytown Housing Authority City Clerk, Leticia Brysch presented the agenda item to consider the two (2) appointments of Ms Shirley Hutchison and Mr Ledell Johnson to the Baytown Housing Authority Additionally, she stated that the appointments are two (2) year terns and if appointed would serve through March 31, 2019 Mayor DonCarlos noted that the Housing Authority delivered a copy of their clean audit A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving the two (2) appointments of Ms Shirley Hutchison, Resident Commissioner and Mr Ledell Johnson, Citizen to the Baytown Housing Authority 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 City Council Regular Meeting Minutes March 23, 2017 Page 15 of 17 Approved Consider three (3) appointments to the Baytown Ethics Commission Mrs Brysch presented the agenda item to consider the three (3) appointments of Rev Joseph Steven Spidell, Presbyterian Church Rev Tommy Clements, Second Baptist Church and Rev Nancy Simpson, St Paul's Lutheran Church to the Baytown Ethics Commission She stated that Rev Tommy Clements and Rev Nancy Simpson desire reappointment to serve another three (3) year term Additionally she stated that Rev Michael Proctor passed away therefore, the Bay Area Ministerial Alliance submitted the nomination of Rev Joseph Steven Spidell as Rev Proctor's replacement A motion was made by Council Member Robert C Hoskins and seconded by Council Member Terry Sam approving the appointments of Rev Joseph Steven Spidell Presbyterian Church Rev Tommy Clements Second Baptist Church and Rev Nancy Simpson, St Paul's Lutheran Church to the Baytown Ethics Commission. 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 MANAGER'S REPORT Parks and Recreation Director, Scott Johnson presented agenda items 9.a through 9.e a The Baytown Nature Center will be an official site of the 2017 Rivers Lakes, Bays 'N Bayous Trash Bash scheduled for Saturday, March 25th b. The First Annual Food Truck Fest will be held at Town Square on Saturday, March 25th from 11 00 A.M to 4.00 P M c The 22nd Annual Texas States Disc Golf Championship will be held at Evergreen Park, Jenkins Park and Houston s Milby Park the weekend of April 6-8 d The Annual Nurture Nature Festival will be held at the Baytown Nature Center on Saturday, April 08 2017, from 10 00 A.M to 4.00 P M e Town Square will host two simultaneous events on Saturday, April 08, 2017 The 2nd Annual Town Square Easter Egg Hunt for children ages 4 to 12 from 10 00 A.M to Noon and the Bayshore Fine Rides 29th Annual Car Show will also be held from 9.00 A.M to 5.00 P M City Council Regular Meeting Minutes March 23 2017 Page 16 of 17 Mr Scott Johnson stated that the Baytown Nature Center will be an official site of the 2017 Rivers Lakes, Bays 'N Bayous Trash Bash scheduled for Saturday, March 25th He noted that Chevron Phillips is sponsoring the sites for this year and for registration information visit www.TrashBash ore He stated that also on March 25th Baytown will host its first ever Food Truck Festival from 11 00 A.M to 4,00 P M at the Baytown Town Square located at 213 W Texas Avenue, which will include eight local food trucks, a free kite craft activity for children a Classic Car Show hosted by Bayshore Fine Rides live music featuring the 4 -Barrel Ramblers and a free rock wall for guests to enjoy Mr Johnson stated that the 22nd Annual Texas States Disc Golf Championship will be held at Evergreen Park, Jenkins Park and Houston's Milby Park the weekend of April 6 8 He noted that 320 contestants from all over the US have already registered to participate in the tournament Mr Johnson stated that on April 8th the annual Nurture Nature Festival will be held at the Baytown Nature Center, whereas offsite parking will be available at Wooster Baptist Church 7007 Bayway and Hams County Transit will provide shuttle services He stated that also on Saturday April 08 2017 the 2nd Annual Town Square Easter Egg Hunt for children ages 4 to 12 will be held from 10:00 A.M to Noon and the Bayshore Fine Rides 29th Annual Car Show will be held from 9,00 A.M to 5.00 P M Mr Johnson stated that the grand opening for the Jenkins Spray Park is scheduled for Wednesday April 12th and on Thursday, April 13th, the grand opening is scheduled for the Goose Creek Trail Additionally he stated that the grand opening for the Aqua Loop is scheduled for April 28th Council Member Presley expressed appreciation to all involved with the clearing of the brush along Decker Drive new the fishing pier to the park area. Additionally, he noted that he's received positive comments on the appearance of the area as well as, the increased level of safety felt from such Mayor DonCarlos inquired if the area across the bridge over Goose Creek along Decker Drive on the north side was accessible so that clearing could also be done there Mr Scott Johnson stated that he was unsure if it the machine could get in that area as it is very steep, but he'd look into it City Manager Davis acknowledged Officer Robert Merling for assisting a woman with a stalled vehicle issue and Officer Nathaniel Brown for receiving his Intermediate Peace Officer Certificate Additionally he acknowledged the Municipal Court for receiving the Traffic Safety Award recognition from the Texas Department of Transportation 10 ADJOURN A motion was made by Council Member Terry Sam and seconded by Council Member Chris Presley adjourning the March 23 2017 City Council Regular Meeting 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 March 23 2017 Page 17 of 17 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 March 23, 2017, City Council Regular Meeting at 8:25 P M