Loading...
2017 04 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 13 2017 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday April 13, 2017, at 6.31 P M in the Council Chamber of the Baytown City Hall. 2401 Market Street Baytown, Texas with the following in attendance Charles Johnson Council Member David McCartney Council Member Chris Presley Council Member Terry Sala 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 April 13 2017 City Council Regular Meeting with a quorum present at 6:31 P M., all members were present with the exception of Council Members Alvarado and Hoskins who were both absent Pledge of Allegiance Texas Pledge and Invocation was led by Council Member Sam. MINUTES a Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on March 09, 2017 A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David McCartney approving the March 09 2017, City Council Work Session and Regular Meeting minutes The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Mayor Pro Tem David McCartney, Council Member Terry Sam, Council Member Chris Presley Nays None Other Council Member Robert C Hoskins (Absent) Council Member Laura Alvarado (Absent) City Council Regular Meeting Minutes April 13 2017 Page 2 of 18 Approved 2 RECOGNITIONS AND CITIZEN COMMUNICATIONS a Present a proclamation designating April 2017 as Sexual Assault Awareness Month in Baytown Police Chief Keith Dougherty presented the agenda dem and Mayor DonCarlos presented a proclamation designating April 2017 as Sexual Assault Awareness Month in Baytown b Present two proclamations designating April 2017, as Fair Housing Month, and April 17 22, 2017 as Community Development Week in Baytown Director of Planning and Community Development Services Tiffany Foster presented the agenda item and Mayor DonCarlos presented two (2) proclamations designating April 2017 as Fair Housing Month and April 17 22, 2017, as Community Development Week in Baytown e Recognize Blanca Rubio for her quick response and help after witnessing a car accident on Market Street Chief Dougherty presented the agenda item and recognized Blanca Rubio for her quick response and help after witnessing a car accident on Market Street. d Presentation of the Excellent Service Medal by the Chief of Police to Officer Clint Holden Chief Dougherty presented the agenda item and also presented the Excellent Service Medal to Officer Clint Holden e Present the 3rd and 4th of July Celebration schedule and entertainment for 2017 Director of Parks and Recreation Scott Johnson presented the 3rd and 4th of July Celebration schedule and entertainment for 2017, which included a short commercial to be aired on Channel 16 as well as be placed on the City's website He stated that the schedule and entertainment line-up for this year's 3rd and 4th of July Celebrations includes Grand Funk Railroad as the headliner along with the Mambo Jazz Kings for July 3" He stated that the activities and schedule for July 4th, includes the annual Heat Wave Fun Run vendor booths to open at 4:00 P M. a performance by Picture Book Band at 4.30 P M., the parade at 5.30 P M. a performance by the local band "The Chaparral Band , a performance by Josh Turner as the headliner and lastly the fireworks City Council Regular Meeting Minutes April 13 2017 Page 3 of la 3 MUNICIPAL DRAINAGE UTILITY SYSTEM'S SCHEDULE OF CHARGES a Conduct a public hearing at 6:45 P M regarding the proposed adoption of a schedule of drainage charges for the City's Municipal Drainage Utility System At 6:50 P M. Mayor DonCarlos opened and conducted a public hearing regarding the proposed adoption of a schedule of drainage charges for the City's Municipal Drainage Utility System Health Department Director, Mike Lester summarized the public hearing and stated that this item is with regards to the storm water fee that was started in the year 2003 He stated that the fee increased over the years and is being brought forward because of increased regulations coming as this is the third permit of a five (5) year cycle He stated that staff was recently notified by Hams County that the City of Baytown is to a point that TCEQ is allowing them to relinquish some of their inspection responsibilities to the City He noted that as staff is currently dealing with quantity issues moving into the fourth permit cycle they will be dealing with quality issues, therefore this will be an opportunity to increase staff and equipment as well as get the storm drainage cleanup crew to increase their cycles for ditch clean outs and some of the capital projects on line, which will also help address some of the causes of the flooding issues around town. With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed the public hearing at 6.52 P M b Consider an ordinance amending Chapter 98 "Utilities " Article VI 'Stormwater," Division 1 "Generally," Section 98-473 "Municipal Drainage Utility System Charges," Subsection (a) "Fees" of the Code of Ordinances, Baytown, Texas, to amend the schedule of drainage charges for the City's Municipal Drainage Utility System A motion was made by Council Member Terry Sam and seconded by Council Member Charles Johnson approving Ordinance No 13 437 regarding agenda nem 3.b The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro Tem David McCartney, Council Member Terry Sam Council Member Chris Presley Nays None Other- Council Member Robert C Hoskins (Absent). Council Member Laura Alvarado (Absent) Approved City Council Regular Meeang Minutes April 13 2017 Page 4 of 18 ORDINANCE NO 13,437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AMENDING CHAPTER 98 UTILITIES " ARTICLE VI STORMWATER" DIVISION I "GENERALLY, SECTION 98473 MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES, SUBSECTION (A) "FEE" OF THE CODE OF ORDINANCES BAYTOWN TEXAS, TO UPDATE MUNICIPAL DRAINAGE UTILITY SYSTEM FEES FOR RESIDENTIAL AND NON RESIDENTIAL PROPERTIES, PROVIDING A REPEALING CLAUSE CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF ANNEXATION OF APPROXIMATELY 235.98 ACRES OF LAND a Conduct the second 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.RR Survey, Abstract No 899 and the T T Ristergen Survey, Abstract No 1425 Harris County, Texas At 6:54 P M. Mayor DonCarlos opened and conducted the second 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 Mrs Foster presented the summary of the second public hearing concerning the Involuntary annexation of approximately 235 98± acres of the previously described parcel She stated that this Is the first part of the annexation plan that was discussed in January and this annexation fills in the hole adjacent to the city limits, which is the area of the new San Jacinto Boulevard right of way Additionally she stated that the first reading for this Item will come before Council in about one month Glenn and Edwina Yarbrough both registered to speak before the second public hearing regarding agenda item 4.a Mr Yarbrough stated that they own land just west of Garth Road properties being 1202 and 1122 W Cedar Bayou Lynchburg and do not wish to be annexed He stated that they have their own water well and are not interested in city services He noted that he has a small business on his property whereas he operates on heavy equipment and plans to put a wood fence along the front side for security purposes Mrs Yarbrough stated that they've lived on this street for over 30 years and chose the location because it was not inside of the city limits Additionally she stated that their business has been operating since yea 2000 and requested that they be allowed to continue to operate their business as usual City Council Regular Meeting Minutes Apnl 13 2017 Page 5 of 18 Mayor DonCarlos asked Mrs Foster to confirm if the Yarbrough's would be allowed to continue their business the same as they have been In response to Mayor DonCarlos's requested confirmation Mrs Foster stated that the Yarbrough's can continue to operate as they have been for years, and noted that staff discussed fencing with them, in which the Yarbrough's indicated that they were already planning to erect a fence because of other reasons Council Member McCartney inquired that if the Yarbrough's sold these properties at some other point would the business be able to continue. In response to Council Member McCarthey's inquiry, Mrs Foster stated that the business along with its use and intents would be able to continue, but noted that if someone was to buy the property and decide to tum it into something else the owners would then need to zone that property appropriately Council Member McCartney further inquired as to what the zoning would be for this property when it's brought into the city Mrs Foster stated that it would brought in as open space, but staff decided that with the involuntary to not zone at this time specifically because a good portion of this area will be developed as the road is developed She noted that this is the same process used with Blue Herron Parkway which allowed for property owners to come in and is now being zoned appropriately She further stated that the future land use plan shows this property to be commercial, as well as low medium density- therefore, there's a guidance of what the land should be, but staff is not zoning each of the individual parcels currently At 7.00 P M. Mayor DonCarlos closed the second public hearing regarding agenda item 4.a. ANNEXATION OF APPROXIMATELY 28.04 ACRES OF LAND a Conduct the first public hearing regarding the proposed voluntary annexation of approximately 28.04 acres, save and except, (t) 0.178 acres previously annexed by Ordinance 12,684 and (ii) 11.262 acres previously annexed by Ordinance 11,914, located on the east side of N Main Street across from the terminating point of Hunt Road at its intersection with N Main Street, adjacent to the property at 6730 N Main Street and legally described as part of and out of Lots 27, and 28, Block 19, Highland Farms, Harris County, Texas At 7'01 P M., Mayor DonCarlos opened and conducted the first public hearing regarding the proposed voluntary annexation of approximately 28.04 acres save and except (i) 0 178 acres previously annexed by Ordinance 12,684 and (ii) 11.262 acres previously annexed by Ordinance 11,914, located on the east side of N Main Street across from the terminating point of Hunt Road at its intersection with N Main Street adjacent to the property at 6730 N Main Street and legally described as part of and out of Lots 27 and 28 Block 19 Highland Farms, Hams County Texas. Mrs Foster summarized the first and second public hearing regarding agenda items 5.a and 5.b She stated that this is a voluntary public hearing for the petition by Faith Family Church of Baytown, Inc., for the annexation of the previously described property for the intended development of a church Additionally she stated that the property owners were available to provide a presentation of their proposal City Counal Regular Meeting Minutes April 13 2017 Page 6 of 18 Kara and Josh Jomes both registered to speak before the first public hearing regarding agenda item 5.a Mr Joines stated that they're requesting for Council to consider their petition so that they may construct their own church facility which will be approximately 50,000 square foot to include a 1,300 seat authtorum Mrs Kara Jomes did not speak At 7.03 P M. Mayor DonCarlos closed the first public hearing regarding agenda item 5.a. b Conduct the second public hearing regarding the proposed voluntary annexation of approximately 28.04 acres, save and except (i) 0178 acres previously annexed by Ordinance 12,684 and (it) 11.262 acres previously annexed by Ordinance 11,914 located on the east side of N Main Street across from the terminating point of Hunt Road at its intersection with N Main Street; adjacent to the property at 6730 N Main Street, and legally described as part of and out of Lots 27 and 28, Block 19, Highland Farms Harris County, Texas At 7.04 P M., Mayor DonCarlos opened and conducted the second public hearing regarding the proposed voluntary annexation of approximately 28.04 acres save and except (i) 0 178 acres previously annexed by Ordinance 12,684 and (u) 11.262 acres previously annexed by Ordinance 11 914 located on the east side of N Main Street across from the terminating point of Hunt Road at its intersection with N Main Street adjacent to the property at 6730 N Main Street and legally described as part of and out of Lots 27 and 28 Block 19, Highland Farms, Hams County, Texas With there being no one registered to speak regarding agenda item 5.b., Mayor DonCarlos closed the second public hearing at 7.04 P M PROPOSED ORDINANCES a Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding of a development project in the Arts, Cultural and Entertainment Zoning District at 123 W Defee Street b Consider an ordinance authorizing a Chapter 380 Agreement for an economic development project in the Arts Cultural and Entertainment Zoning District at 123 W Defee Street Deputy City Manager Bottoms presented agenda items 6.a and 6.b together He stated that the items were with regards to the renovation of the current budding located at 123 W Defee Street into the Delmont Hotel He stated that agenda item 6.a is the agreement with MDD and agenda item 6.b approves the agreement with the developer He further stated that the grant with MDD consist of $75,000 which will assist with the renovations of the facility to include the facade improvements Deputy City Manager Bottoms stated that also as part of the agreement the City Council Regular Meeting Minutes April 13 2017 Page 7 of 18 property owner will put in over $100,000 of facade improvements, roughly $1 million into the building, and maintain the value of $750,000 He further noted that there are approximately seven (7) apartments upstairs, three (3) commercial areas downstairs and that the completion date per the agreement is December 2017 A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving Ordinance No 13,438 regarding agenda item 6.a and Ordinance No 13,439 regarding agenda item 6.b The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro Tem David McCartney Council Member Terry Sam Council Member Chris Presley Nays None Other Council Member Robert C Hoskins (Absent) Council Member Laura Alvarado (Absent) Approved ORDINANCE NO 13,438 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING A DEVELOPMENT PROJECT AND PROVIDING FOR THE EFFECTIVE DATETHEREOF ORDINANCE NO 13,439 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 CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH YOYO LLC, SERIES 13 AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF c Consider an ordinance amending Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments " Division 1 "Generally," Section 42 153 "Mobile food establishments," Subsection (c) `Application" Subparagraph (3) "Locations of operation" and Subparagraph (5) "Access to todets' of the Code of Ordinances, Baytown, Texas to increase the length of time a mobile food unit may remain in one place and to mcrease the distance between mobile food units and toilets City Council Regular Meeting Minutes April 13 2017 Page 8 of 18 Mr Lester presented the agenda item and stated that Ordinance No 13,440 extends the time that a full service mobile food unit can be in one (1) location from two (2) hours to six (6) hours, as well as extend the distance between mobile food units and authorized restrooms from 150 feet to 300 feet which was a directive from Council A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving Ordinance No 13,440 regarding agenda item 6.c The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro Tem David McCartney. Council Member Terry Sam Council Member Chris Presley Nays None Other Council Member Robert C Hoskins (Absent) Council Member Laura Alvarado (Absent) Approved ORDINANCE NO 13,440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION " ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS" DIVISION 1 "GENERALLY" SECTION 42153 "MOBILE FOOD ESTABLISHMENTS " SUBSECTION (C) "APPLICATION," SUBPARAGRAPH (3) "LOCATIONS OF OPERATION" AND SUBPARAGRAPH (5) 'ACCESS TO TOILETS" OF THE CODE OF ORDINANCES BAYTOWN, TEXAS, TO INCREASE THE LENGTH OF TIME A MOBILE FOOD UNIT MAY REMAIN IN ONE PLACE AND TO INCREASE THE DISTANCE BETWEEN MOBILE FOOD UNITS AND TOILETS, PROVIDING A REPEALING CLAUSE CONTAINING A SAVINGS CLAUSE, PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00), AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF d Consider an ordinance authorizing the purchase and installation of micro seal from Intermountain Slurry Seal, Inc., utilizing the City of Baytown s Cooperative Purchase Agreement with North Richland Hills Mr Kevin Harvdl presented the agenda item and stated that micro is a preventative maintenance surface treatment used to extend the life of asphalt pavement in which staff has been working on for quite some time through the PCI process City Council Regular Meeting Minutes April 13 2017 Page 9 of 18 Council Member Presley inquired if this process was different than what has been done in the past In response to Council Member Presley's inquiry Mr Harvill stated that this process is different as it is poly modified asphalt mixed with crushed limestone and cement that will be applied at 24 pound per square yard A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presley approving Ordinance No 13,441 regarding agenda item 6.d The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro Tem David McCartney Council Member Terry Sam, Council Member Chris Presley Nays None Other Council Member Robert C Hoskins (Absent) Council Member Laura Alvarado (Absent) Approved ORDINANCE NO 13,441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED NINETY THREE THOUSAND FOUR HUNDRED FIFTY TWO AND 50/100 DOLLARS ($393 452.50) TO INTERMOUNTAIN SLURRY SEAL INC. FOR THE PURCHASE AND INSTALLATION OF MICRO SEAL, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF NORTH RICHLAND HILLS, MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF PROPOSED RESOLUTIONS a Consider a resolution granting the petition of RNP Baytown Property, LLC, for the proposed annexation of 2.979 acres, located on the south side of W Archer Road, approximately 367 feet west of Garth Road, legally described as part of and out of Lots 8 Block 22, Highland Farms, T T Ristergen Survey, Abstract Number 1425, Harris County, Texas Mrs Foster presented the agenda item and stated that Resolution No 2468 grants the petition for a voluntary annexation in which the location is part of the involuntary annexation previously discussed She stated that there's a development in the pipeline that wants to proceed with a slightly less than three (3) acre development and because they didn't want anything to happen with their timeline with the involuntary annexation staff worked with them to start a voluntary process on just the parcel that they needed Additionally she stated that the next step of flus process is to have the first and second public hearings for this 2.9 acre parcel City Council Regular Meeting Minutes April 13 2017 Page 10 of 18 A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Chris Presley approving Resolution No 2468 regarding agenda item 7 a. The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Mayor Pro Tem David McCartney Council Member Terry Sam, Council Member Chris Presley Nays None Other Council Member Robert C Hoskins (Absent) Council Member Laura Alvarado (Absent) Approved RESOLUTION NO 2468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS GRANTING THE PETITION OF RNP BAYTOWN PROPERTY, LLC, FOR THE ANNEXATION OF APPROXIMATELY 2.979 ACRES, LOCATED ON THE SOUTH SIDE OF W ARCHER ROAD APPROXIMATELY 367 FEET WEST OF GARTH ROAD, LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 8 BLOCK 22 HIGHLAND FARMS, T T RISTERGEN SURVEY, ABSTRACT NUMBER 1425 HARRIS COUNTY, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider a resolution supporting Senate BBI 2267, as filed by Senator Brandon Creighton on April 6, 2017, relatmg to the creation of the Harris County Municipal Utility District No 555 and providing authority to impose assessments fees and taxes and to issue bonds Deputy City Manager Bottoms presented the agenda item and stated that this item is for the creation of a MUD Additionally, he noted that Mr Michael Johnson of Fnendswood Development Company ( FDC ) would discuss more of the project regarding this particular item Mr Johnson stated that the Friendswood Development Company is a residential developer created in 1962 and for the past 55 years has been developing single family residential communities mostly of the master planned community style He stated that they recently lust completed the final sections of Bay River Colony in Baytown's ETJ and is seeking to introduce a new community in the northem limits of Baytown Mr Johnson stated that the FDC developed in one (1) ETJ MUD over the past ten years and is requesting support for the Hams County MUD 555 on 118 acre parcel for the primary use of single family residential City Council Regular Meeting Mmutes April 13 2017 Page 11 of 18 Council Member McCartney inquired of the price point of the houses Mr Johnson stated that the preliminary price point of sections of would be in the $200,000 and up range as the initial target Council Member Presley inquired of the size of the lots Mr Johnson stated that the lot sizes were open to determination at the current time, but noted that the minimum would be of 50X 120 Michael Johnson registered to speak regarding agenda item 7 b A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presley approving Resolution No 2469 regarding agenda item 7 b The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro Tem David McCartney Council Member Terry Sam Council Member Chris Presley Nays None Other Council Member Robert C Hoskins (Absent) Council Member Laura Alvarado (Absent) Approved RESOLUTION NO 2469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING ITS SUPPORT TO THE CREATION OF A POLITICAL SUBDIVISION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 555, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF 8 CONSENT City Attorney Ignacio Ramirez noted to Council with regards to consent agenda item 8.g. that the agreement with Lee College to include changes was at the each of their places at the Dias A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving consent agenda items 8.a through 8.m The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro Tem David McCartney Council Member Terry Sam Council Member Chris Presley Nays None City Council Regular Meeting Minutes April 13 2017 Page 12 of 19 Other Council Member Robert C Hoskins (Absent), Council Member Laura Alvarado (Absent) Approved a Consider an ordinance authorizing an Industrial District Agreement with National Oilwell Varco, L.P ORDINANCE NO 13442 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 INDUSTRIAL DISTRICT AGREEMENT WITH NATIONAL OILWELL VARCO, L.P, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider an ordinance authorizing an Industrial District Agreement with Lone Star NGL Asset Holdings II, LLC., for Fractionator V ORDINANCE NO 13,443 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 INDUSTRIAL DISTRICT AGREEMENT WITH LONE STAR NGL ASSET HOLDINGS 1I LLC FOR FRACTIONATOR V AND PROVIDING FOR THE EFFECTIVE DATE THEREOF c Consider an ordinance authorizing the closeout, acceptance, final payment, and release of retainage for the 2015 Mill & Overlay Project — Year 2, with Angel Brothers Enterprises, LTD ORDINANCE NO 13,444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 MILL AND OVERLAY PROJECT — YEAR 2, AUTHORIZING FINAL PAYMENT OF THE SUM OF THREE HUNDRED NINETY TWO THOUSAND THREE HUNDRED NINETY SIX AND 64/100 DOLLARS ($392,396.64) TO ANGEL BROTHERS ENTERPRISES LTD FOR SAID PROJECT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF all Consider an ordinance authorizing Change Order No 2 to LEM Construction Co., Inc., for the CDBG Non Housing Central District Wastewater Treatment Plant Flood Improvement Project City Council Regular Meeting Minutes April 13, 2017 Page 13 of 18 ORDINANCE NO 13,445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO 2 WITH LEM CONSTRUCTION CO., INC., FOR THE CDBG NON HOUSING CENTRAL DISTRICT WASTEWATER TREATMENT PLANT FLOOD IMPROVEMENT PROJECT IN THE AMOUNT OF ONE HUNDRED SEVENTY SEVEN THOUSAND SEVEN HUNDRED TWENTY ONE AND 96/100 DOLLARS ($177 721.96), AND PROVIDING FOR THE EFFECTIVE DATE THEREOF e Consider an ordinance rejecting all bids received for the Partial Service Area Diversion to the Northeast Wastewater Treatment Plant Service Area Alternative Project received on January 10, 2017 Mayor DonCarlos stated that there was an item in the legal notices section of the Baytown Son regarding the Baytown Area Water Authority (BAWA) and the Northeast Wastewater Treatment Plant and further inquired as to what relations they have with another as it mentioned Partial Diversion Project and BAWA In response to Mayor DonCarlos's inquiry Deputy City Manager Bottoms stated that the BAWA East Plant is a water treatment plant which has no relations to the Northeast Plant and further noted that it wasn't the BAWA, but rather the diversion from the West Plant to the Northeast Plant. Additionally Deputy City Manager Bottoms stated that this particular project bids came in higher than expected so the scope of work was changed and reiterated that this had nothing to do with BAWA Mayor DonCarlos requested staff to review that legal notice for verification purposes ORDINANCE NO 13 446 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS REJECTING THE BIDS RECEIVED FOR THE PARTIAL SERVICE AREA DIVERSION TO THE NORTHEAST WASTEWATER TREATMENT PLANT SERVICE AREA ALTERNATIVE PROJECT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF I Consider authorizing the Second Amendment to the Economic Development Agreement under Chapter 380 of the Texas Local Gov't Code with A S 115 SH 146 -IH 10, L.P., to revise the sign plan ORDINANCE NO 13,447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH A -S 115 SH 146 IH 10, L.P, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Council Regular Meeting Minutes April 13, 2017 Page 14 of 18 g Consider an ordinance authorizing an Interlocal Agreement with Lee College District for the use of their Wellness Center and Swimming Pool by the City Council Members and City employees ORDINANCE NO 13,448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE USE OF THE WELLNESS CENTER AND SWIMMING POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES AND PROVIDING FOR THE EFFECTIVE DATE THEREOF h Consider an ordinance repealing Ordinance No 13,333, which authorized the purchase of 110 body -worn cameras, related equipment and a three-year all-inclusive local storage plan, and authorizing the purchase of 110 body worn cameras, related equipment unlimited storage and replacement plan from Axon Enterprise Inc., f/k/a Taser International, Inc ORDINANCE NO 13,449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO 13 333 WHICH AUTHORIZED THE PURCHASE OF 110 BODY WORN CAMERAS RELATED EQUIPMENT AND A THREE YEAR ALL INCLUSIVE LOCAL STORAGE PLAN AUTHORIZING THE PAYMENT OF NINETY FOUR THOUSAND EIGHT HUNDRED SEVENTY AND 90/100 DOLLARS ($94,870.90) TO TASER INTERNATIONAL, FOR THE PURCHASE OF ONE HUNDRED TEN (I 10) BODY WORN CAMERAS WITH RELATED EQUIPMENT AND AN ALL-INCLUSIVE UNLIMITED DATA STORAGE PLAN FOR THE POLICE DEPARTMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF i Consider an ordinance authorizing the renewal of the Annual Wood Grinding and Material Handling Services Contract to Novas Wood Group, L.P ORDINANCE NO 13,450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT WITH NOVUS WOOD GROUP L.P AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM OF TWO HUNDRED TEN THOUSAND AND NO/100 DOLLARS City Council Regular Meeting Minutes April 13 2017 Page 15 of 18 ($210,000.00) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF I Consider an ordinance renewing the Annual Cement Stabilized Sand Contract with MegaSand Enterprises Inc ORDINANCE NO 13,451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CEMENT STABILIZED SAND CONTRACT WITH MEGASAND ENTERPRISES INC. AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF ONE HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED SEVENTY FIVE AND NO/100 DOLLARS ($163,575.00) MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF k. Consider an ordinance awarding the Annual Janitorial Services Contract to McLemore Building Maintenance, Inc ORDINANCE NO 13,452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MCLEMORE BUILDING MAINTENANCE, INC (MBM) FOR THE ANNUAL JANITORIAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM OF ONE HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED NINETY EIGHT AND 76/100 DOLLARS ($174,998 76), MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF 1 Consider an ordinance authorizing the renewal of the Annual No -Lead Brass Fittings Contract to ACT Pipe and Supply, Inc ORDINANCE NO 13,453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, RENEWING THE ANNUAL NO LEAD BRASS FITTINGS CONTRACT WITH ACT PIPE AND SUPPLY, INC. AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETY FOUR THOUSAND ONE HUNDRED FIVE AND 20/100 DOLLARS ($94105.20) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Council Regular Meeting Minutes April 13, 2017 Page 16 of 1g in Consider a resolution authorizing a request to the sheriff or constable to sell the property located at 101 Morrell Street, Baytown, Harris County, Texas at a public sale RESOLUTION NO 2470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS- REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 101 MORRELL STREET, BAYTOWN, HARRIS COUNTY TEXAS AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF a Consider one (1) appointment to the Baytown Crime Control and Prevention District. City Clerk, Leticia Brysch presented the agenda item to consder the appointment of Steele Arthur to the Baytown Crime Control and Prevention District Additionally she noted that this is Council Member Johnson's appointment A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem David McCartney approving Council Member Johnson's appointment of Steele Arthur to the CCPD Board The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro Tem David McCartney Council Member Terry Sam Council Member Chris Presley Nays None Other Council Member Robert C Hoskins (Absent) Council Member Laura Alvarado (Absent) Approved 10 MANAGER'S REPORT a The 36th Annual Baytown Special Olympics Track Meet will be held on Saturday April 22, 2017 at the Pete Sultis Stadium (Lee High School), 1809 Market Street, Baytown, Texas Mr Scott Johnson presented the agenda item and stated that the 36th Annual Baytown Special Olympics Track Meet would be held on Saturday, April 22nd at the Pete Sultis Stadium located at Lee High School with the opening ceremony to start at 9:30 A.M Additionally he noted City Council Regular Meeting Minutes April 13, 2017 Page 17 of 18 that the 22nd Disc Golf Championship was hosted at Evergreen and included 380 participants as well as approximately 300 spectators City Manager Davis acknowledged Jeremy Cox for his professionalism during a case in North Carolina and Jason Cox for his professional assistance during a traffic incident He acknowledged Elena Tanner, De'Andre Edwards and Chaan La'Aoili for their assistance regarding a stray dog in distress He stated that Austin Little and Donnie East was commended for their expertise in laying sidewalks in the Lakewood Estates He further acknowledged Glenda Bruce for her professionalism in assistance a lady with getting her daughter's both certificate City Manager Davis congratulated Leah Cooper and Deanne Rosier for receiving their Advanced Telecommumcators Certification by the Texas Commission on Law Enforcement He expressed appreciation to the library staff for creating a cost savings solution that preserved over 90 years of Baytown San newspapers and he also noted the Jamie Eustace, the Director of the Library is currently leading trainings that will empower employees to think outside of the box Additionally Mayor DonCarlos recognized Mark Medrano who's scheduled to retire at the end of April 11 EXECUTIVE SESSION a Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the employment and reassignment of city employees b Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City Attorneys regarding legal matters associated with personnel issues At 7,27 P M. Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code Section 551.074 to deliberate the employment and reassignment of city employees and Section 551 071 to seek the advice of the City Attorneys regarding legal matters associated with personnel issues At 8:09 P M. Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551 102 of the Texas Open Meetings Act, no action was taken in the Executive Session 12 ADJOURN A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David McCartney adjourning the April 13 2017 City Council Regular Meeting. The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Mayor Pro Tem David McCartney, Council Member Terry San, Council Member Chris Presley City Council Regular Meeting Minutes April 13 2017 Page 18 of 18 Nays None Other Council Member Robert C Hoskins (Absent), Council Member Laura Alvarado (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 13 2017, City Council Regular Meeting at 8.09 P M Leticia Brysch, City erk ,��,..•.••••••• City of Baytown ?;•C II`/,,�j(J• •'';`'