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2017 05 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 25 2017 The City Council of the City of Baytown, Texas met in a Regular Meeting on Thursday, May 25 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 Laura Alvarado Robert Hoskins Charles Johnson David McCartney Chris Presley Terry Sam Stephen H DonCarlos Rick Davis Karen Horner Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the May 25, 2017, City Council Regular Meeting with a quorum present at 6:31 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 April 27, 2017 A motion was made by Council Member Terry Sam and seconded by Council Member Robert C. Hoskins approving the April 27 2017 City Council Work Session and Regular 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 Minutes May 25 2017 Page 2 of 10 RECOGNITIONS AND CITIZEN COMMUNICATIONS a Present a proclamation designating May as Motorcycle Safety and Awareness Month in Baytown Public Affairs Coordinator, Patti Jett presented the agenda Item and Mayor DonCarlos presented to members of the Black Sabbath MC a proclamation designating May as Motorcycle Safety and Awareness Month in Baytown Recognize City of Baytown Employees for their Years of Service Director of Human Resources Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service 5 Years JC Thomas III Public Works Sr Admin Support Specialist Thomas King Police Patrol Officer Nicholas Martinez, Police Patrol Officer 30 Years Daniel Woolcock Police Patrol Officer PROPOSED ORDINANCES a Consider an ordinance authorizing a professional service agreement with Burditt Consultants, LLC, for the Gene and Loretta Russell Park Master Plan Parks and Recreation Director, Scott Johnson presented the agenda item and stated that Ordinance No 13 469 authorizes a professional service agreement with Burditt Consultants LLC for the Gene and Loretta Russell Park Master Plan for $88,000 He stated that a Request for Qualifications (RFQ) was sent to seven (7) firms in March and six (6) firms responded He stated that Staff selected the top three (3) firms in which those firms made presentations to the A&E Committee on April 5"' 2017 Mr Scott Johnson stated that the committee unanimously selected the firm of Burditt Consultants, LLC, as its number one choice and Staff began negotiations immediately on the scope of the proposed Master Plan. He stated that the consultants will review the site visit with key stakeholders including Gene and Loretta Russell, City Council, the Parks and Recreation Advisory Board and area residents to provide a Master Plan and options for phasing the construction of the project A motion was made by Council Member Terry Sam and seconded by Council Member Robert C Hoskins approving Ordinance No 13 469 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 Member Laura Alvarado, Council Member Terry Sam Council Member Chris Presley Nays None Approved ORDINANCE NO 13,469 City Council Regular Meeting Minutes May 25 2017 Page 3 of 10 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 BURDITT CONSULTANTS LLC. FOR THE GENE AND LORETTA RUSSELL PARK MASTER PLAN PROJECT AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY EIGHT THOUSAND AND NO/100 DOLLARS ($88,000.00), MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations,' Section 94 121 "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize removal of one Traffic Signal and installation of appropriate signage at the intersection of N Main Street and Harold Lane/Midway Drive Director of Engineering, Jose Pastrana presented the agenda item and stated that the City is in the process of adding a main street corridor between Hwy 146 and I 10 to synchronize the signal system City of Baytown He stated that in doing the analysis it was determined that there's a signal where Main Street intersects Harold Lane that s too close to two (2) other signals, one to the north at Bobsmith which is 480 feet away and the other one to the south at Hwy 146 which is 580 feet away He stated that it was also determined that Harold Land and Midway Drive did not intersect in a straight line at this intersection, but rather in an offset which makes the traffic signal difficult to handle Mr Pastrana stated that based on these factors staff determined that this signal was detrimental to the traffic flow in a corridor like Main Street and requested the approval from Council to remove this signal from the City's inventory Additionally, he stated that the Planning & Zoning Commission endorsed this elimination at its May 10h meeting. Mayor DonCarlos inquired if staff was comfortable that the residents in the area would be able to get out Mr Pastrana stated that the residents have another exit from that area neighborhood and noted that the residents would also still be allowed out from this exit but only to make a right tum. Mayor DonCarlos farther inquired as to how the residents coming from Harold Lane would go north on Main Street In response to Mayor DonCarlos's inquiry regarding the residents ability to drive north onto Main Street from Harold Lane, Mr Pastrana stated that there's a stop sign there in which the drivers would yield to the right-of-way to traffic as there should be time gaps generated by the signal system for such access ability A motion was made by Council Member Terry Sam and seconded by Council Member Robert C Hoskins approving Ordinance No 13,470 regarding agenda item 3 b The vote was as follows City Council Regular Meeting Minutes May 25, 2017 Page 4 of 10 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 ORDINANCE NO 13,470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES " ARTICLE N "SPECIFIC STREET REGULATIONS, SECTION 94 121 "SCHEDULES ENUMERATED" SCHEDULE VIII 'DESIGNATION — STOP AND YIELD INTERSECTIONS " SCHEDULE IX 'DESIGNATION — SIGNALIZED INTERSECTIONS, AND SCHEDULE X 'DESIGNATION — RESTRICTIVE TURN MOVEMENTS OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TEXAS TO AUTHORIZE THE REMOVAL OF THE EXISTING TRAFFIC SIGNAL CONTROL HARDWARE AT THE INTERSECTION OF N MAIN STREET AND HAROLD LANE/MIDWAY DRIVE THE REMOVAL OF THE EXISTING STOP BARS ON N MAIN STREET AT THE SOUTHBOUND APPROACH AT HAROLD LANE AND NORTHBOUND APPROACH AT MIDWAY DRIVE;THE INSTALLATION OF STOP SIGNS ON MIDWAY DRIVE AND HAROLD LANE AT THEIR INTERSECTIONS WITH N MAIN STREET THE PAINTING OF NEW STOP BARS FOR THE EASTBOUND APPROACH OF HAROLD LANE AND WESTBOUND APPROACH OF MIDWAY DRIVE, THE INSTALLATION OF A "NO LEFT TURN / NO U-TURN' SIGN AND A "ONE WAY" SIGN, THE REMOVAL OF STOP BARS FOR THE N MAIN STREET NORTHBOUND AND SOUTHBOUND APPROACHES TO THE INTERSECTIONS THE RE - STRIPING CENTERLINE PAVEMENT MARKINGS ALONG HAROLD LANE AND MIDWAY DRIVE AND THE EXTENSION OF THE EXISTING MEDIAN AND CURB ON N MAIN STREET FROM THE SOUTH SIDE OF THE EXISTING INTERSECTION AT MIDWAY DRIVE TO THE SOUTH SIDE OF THE NEWLY CONFIGURED INTERSECTION AT HAROLD LANE. AUTHORIZING THE POSTING OF PROPER SIGNS AND MARKINGS REPEALING CONFLICTING ORDINANCES, CONTAINING A SAVINGS CLAUSE PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF City Council Regular Meeting Minutes May 25, 2017 Page 5 of 10 PROPOSED RESOLUTIONS Mayor DonCarlos stated that agenda Items 4.a and 4.b would be considered together a Consider a resolution authorizing the City to apply to the FY 2017 Port Security Grant Program on behalf of the Police Department b Consider a resolution authorizing the City to apply to the Houston Ship Channel Security District on behalf of the Police Department Chief Dougherty stated that both agenda Items 4.a and 4.6 pertained to applying for grants for police equipment A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No 2476 regarding agenda item 4.a. and Resolution No 2477 regarding agenda item 4.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 Sam Council Member Chris Presley Nays None Approved RESOLUTION NO 2476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE U.S DEPARTMENT OF HOMELAND SECURITY S FY 2017 PORT SECURITY GRANT PROGRAM ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN THE AMOUNT OF TWENTY SEVEN THOUSAND SIX HUNDRED FIFTY SIX AND 25/100 DOLLARS ($27,656.25), AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED NINE THOUSAND TWO HUNDRED EIGHTEEN AND 75/100 DOLLARS ($9,218 75) AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM AND PROVIDING FOR THE EFFECTIVE DATE THEREOF RESOLUTION NO 2477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE HOUSTON SHIP CHANNEL SECURITY DISTRICT City Council Regular Meeting Minutes May 25 2017 Page 6 of 10 (HSCSD) ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN THE AMOUNT OF NINE THOUSAND TWO HUNDRED EIGHTEEN AND 75/100 DOLLARS ($9,218 75) FOR THE PURCHASE OF DIVING SUITS AND EQUIPMENT FOR THE DIVE COMPONENT OF THE BAY AREA REGIONAL BOMB SQUAD, AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT 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 5.b through 5.g 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 authorizing an Industrial District Agreement with PIPET (4762 Borusan) Holdings LLC ORDINANCE NO 13,471 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 PIRET (4762 BORUSAN) HOLDINGS LLC, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider an ordinance authorizing an Industrial District Agreement with PIPET (4830 Borusan) Holdings LLC ORDINANCE NO 13,472 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 PIRET (4830 BORUSAN) HOLDINGS LLC, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF c Consider an ordinance authorizing an Industrial District Agreement with Chambers County Logistics Terminal, LP City Council Regular Meeting Minutes May 25 2017 Page 7 of 10 ORDINANCE NO 13 473 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 CHAMBERS COUNTY LOGISTICS TERMINAL, LP, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF d Consider an ordinance authorizing a Memorandum of Understanding with Goose Creek Consolidated Independent School District for mutual assistance in providing law enforcement and dispatch services ORDINANCE NO 13,474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF UNDERSTANDING WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR MUTUAL ASSISTANCE IN PROVIDING LAW ENFORCEMENT AND DISPATCH SERVICES, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF e Consider an ordinance authorizing the Second Amendment to the Interlocal Agreement with Harris County for property acquisition costs related to the San Jacinto Boulevard Project ORDINANCE NO 13,475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS AUTHORIZING THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE ACQUISITION OF CERTAIN PROPERTIES FOR THE SAN JACINTO BOULEVARD EXTENSION PROJECT AUTHORIZING ADDITIONAL PAYMENT TO HARRIS COUNTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF I Consider an ordinance authorizing the closeout and acceptance of the Fire Training Facility Project — Phase II and the final payment and release of retainage to Cox Commercial Construction LLC ORDINANCE NO 13 476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE FIRE TRAINING FACILITY PROJECT — PHASE City Council Regular Meeting Minutes May 25 2017 Page 8 of 10 II AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED SEVENTY-NINE THOUSAND NINE HUNDRED FIFTY SEVEN AND 98/100 DOLLARS ($179 957 98) TO COX COMMERCIAL CONSTRUCTION LLC FOR SAID PROJECT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF g Consider a resolution authorizing a request to the sheriff or constable to sell at a public sale the property located at 00 Thompson Street, Baytown, Harris County, Texas more particularly described as Tract 40, Abst 66 W Scott, Harris County, Texas, and the property located at 303 Morrell Street, Baytown, Harris County Texas RESOLUTION NO 2478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS REQUESTING THE SHERIFF OR CONSTABLE TO SELL AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE THE PROPERTY LOCATED AT 00 THOMPSON STREET BAYTOWN, HARRIS COUNTY TEXAS MORE PARTICULARLY DESCRIBED AS TRACT 40, ABST 66 W SCOTT HARRIS COUNTY, TEXAS AND THE PROPERTY LOCATED AT 303 MORRELL STREET BAYTOWN HARRIS COUNTY, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF APPOINTMENTS a Consider six (6) appointments to the Baytown Municipal Development District (MDD) City Clerk Leticia Brysch presented the agenda item to consider the six (6) appointments of Mayor Stephen DonCarlos Council Member Charles Johnson, Council Member Chris Presley Council Member Laura Alvarado Mr David Jurels and Mr Gary Englert to the Baytown Municipal Development District (MDD) Additionally she stated that Mr Lrrels and Mr Englert agreed to serve another tens A motion was made by Council Member Robert C Hoskins and seconded by Mayor Pro Tem David McCartney approving the six appointments of Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Chris Presley Council Member Laura Alvarado, Mr David Jirrels and Mr Gary Englert to the Baytown Municipal Development District (MDD) to the MDD Board 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 May 25 2017 Page 9 of 10 Approved 7 MANAGER'S REPORT Mr Scott Johnson presented agenda items 7 a. 7 b. and 7 c a Pirates Bay Water Park and Calypso Cove located at N C Foote Park will be open for the Memorial Day weekend b The Annual Memorial Day Service will be held at the Veterans Memorial Plaza at Bicentennial Park on Monday, May 29, 2017, at 11 00 A.M c The Summer Meals in the Park program will begin on Tuesday, May 30, 2017 at seven neighborhood parks and the Sterling Municipal Library Mr Scott Johnson stated that the Pirates Bay Water Park and the Calypso Cove at N.0 Foote Park will begin daily operations for the 2017 season on Friday, May 26, 2017 at 11 00 A.M He noted that both parks will remain open until August 27 2017 He stated that the Annual Memorial Day Service will be held at the Veterans Memorial Plaza at Bicentennial Park, 1001 Market Street on Monday, May 29, 2017, at 11 00 AN and noted that in the event of bad weather the event will be held at the Baytown Community Center located at 2407 Market Street Mr Scott Johnson stated that the Summer Meals in the Park program will begin on Saturday, June 03, 2017, at seven (7) neighborhood parks around the city and the Sterling Municipal Library He stated that last summer the program provided an average of 230 meals per day to six parks and the Sterling Municipal Library He further stated that this summer one (1) park was added to the program and that there are three (3) more sites in the Highlands area. Additionally, Mr Scott Johnson noted that this program is sponsored by the US Department of Agriculture and provided by the Goose Creek Consolidated Independence School District with no particular age limit to receive a meal Mayor DonCarlos inquired as to how the program is publicized In response to Mayor DonCarlos s inquiry, Mr Scott Johnson stated that staff put out signs in the parks and that the school district also publishes the program With regards to more of the manager's report, City Manager Davis provided the results from the April 29, 2017, Household Hazardous Waste and E Waste Event with the numbers as follows 400 participants, 327+ vehicles that brought items for proper disposal or recycling, two (2) full semi trailers filled of hazardous household waste of approximately 50,000 lbs., two (2) short semi trailers filled of electronics waste of approximately 12,000 lbs. and an additionally 40 cubic yards of rubbish and debns cleared. He noted that approximately 11 000 lbs of hazardous household waste was collected this year as compared to last year City Manager Davis acknowledged Officer Cory Moseray for being named the 100 Club's Officer of the Year for 2017 He stated that a letter was addressed to the Mayor that commended the Baytown Police Department for their work on the Chief Deputy Constable Clint Greenwood's case He further acknowledged the EMS/Fire crews of Jeffrey Peters Don'Dreon City Council Regular Meeung Mun[es May 25 2017 Page 10 of 10 St Julien Alfred Duran, Jeffery Daigle Robert Hebert and Sean Saunders for their professionalism while responding to an incident that happened on April 29th at the GCM High School gym Mayor DonCarlos stated that City Manager Davis Deputy City Manager Bottoms, Mr BI Simon a representative from the EDF, and himself attended the ICSC in Las Vegas He stated that they met with Fidelis along with all three (3) anchors with regards to the mall project and expressed the expectations of the community in making. this project a priority as the City of Baytown so that all of the preliminaries are done by the end of the year to be able to start on the demolition at the first part of next year and construction in the mid -part of next year He noted that Macy's brought eight (8) people to the meeting, in which he believes was a positive sign He stated that this year nearly every one that they spoke with from a retail sector is coming to Baytown, but the locations of where will be determined once the final schedule is made on the mall project ADJOURN A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney adjourning the May 25, 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 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 May 25 2017 City Council Regular Meeting at 7.04 P M