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2013 02 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 14, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, February 14, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Mercedes Renteria Terry Sain Scott Sheley Council Member Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the February 14, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on January 24, 2013. Alan Hudgins registered to speak before Council regarding agenda item l.a. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving the January 24, 2013, City Council Regular Meeting Minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley City Council Regular Meeting Minutes February 14, 2013 Page 2 of 20 Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS Mayor DonCarlos stated that agenda items 2.a. and 2.c. were removed from the current agenda. a. Ms. Sonia Barrett requests to address Council to gain their support for Priceless Princess / Prince Charming in regards to a building to hold their sessions and to provide a weekend hangout for the kids. C. Recognize the 50th Anniversary of the City of Baytown's Sterling Municipal Library. b. Present a proclamation designating February 18, 2013, as Robert E. Lee Interact Club Day. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented the proclamation to the Robert E. Lee Interact Club designating February 18, 2013, as Robert E. Lee Interact Club Day. 3. PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract with Montgomery Building Services, LLC for the construction of the Baytown Gateway Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,176 awards a construction contract to Montgomery Building Services, LLC for $287,443.00 for the construction of the Baytown Gateway Project. He stated that the City of Baytown, in partnership with the Economic Alliance — Houston Port Region, plans to construct a gateway as part of the San Jacinto Texas Historic District Gateway program at the I -10 and Spur 330 interchange. The gateway base bid consist of a masonry base with a vertical steel oil derrick structure totaling 45 feet in total height and will consist of a wing wall that will display the name "Baytown" with landscaping surrounding the monument. City Manager Leiper stated that a pre -bid conference was held on January 29, 2013, and bids were opened on February 5`h. Four bids were received with a low base bid of $232,305.00 coming from Montgomery Building Services, LLC. City Manager Leiper further stated that staff recommended accepting all four alternate bids for a total bid of $287,443.00, and that construction is expected to begin in March 2013, with 120 days allowed for completion. A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,176. The vote was as follows: City Council Regular Meeting Minutes February 14, 2013 Page 3 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MONTGOMERY BUILDING SERVICES, LLC, FOR THE BAYTOWN GATEWAY PROJECT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY -SEVEN THOUSAND FOUR HUNDRED FORTY -THREE AND NO 1100 DOLLARS ($287,443.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Alan Hudgins registered to speak before Council regarding agenda item 3.a. and inquired about the roll the Knudson Engineer consultant played during the construction phase of the project. City Manager Leiper stated that as with all city design contracts, the design engineer has a roll during construction just in case there are questions about the design. b. Consider an ordinance authorizing the City Manager to negotiate a Professional Service Agreement with Pierce Goodwin Alexander & Linville Inc., (PGAL) for the preliminary design phase services for the Joint 911 Emergency Communications and Information Data Services Center Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,177 authorizes the City Manager to negotiate and enter into a Professional Service Agreement with Pierce Goodwin Alexander & Linville, Inc. (PGAL), for the preliminary design phase services for the Joint 911 Emergency Communications and Information Data Services Center Project for a cost not to exceed $17,500.00. He stated that this is the first phase of a multi -phase construction project and the scope of work consists of site selection, preliminary planning, programming and design for a new building that will contain a 911 public safety answering point (PSAP), public safety dispatch services, information technology services data center and personnel offices. He stated that the Development Phase includes the site analysis, recommendation of a site, programming for the project; single line architectural floor plan(s) for the building and proposed site improvements; and project budgets. City Council Regular Meeting Minutes February 14, 2013 Page 4 of 20 City Manager Leiper stated that Mr. Cavazos, Superintendent of Goose Creek CISD, will meet with the School Board to determine if they will begin the preliminary steps for a joint venture project. He stated that the building would have separate ITS server rooms for each entity, and share common areas such as offices, breaks rooms, restrooms, parking, emergency power systems, and fire protection systems. City Manager Leiper stated that while Goose Creek has funds in their proposed bonds for this project, this contract did not include Goose Creek and their needs. City Manager Leiper also stated that should the School Board agree to take the first step in regards to this project, then negotiations with PGAL would be begin in order to program the School District part. Lastly, City Manager Leiper noted that the additional programming for the School District would be paid by them and that the School District could at any step up to the actual design opt out. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,177. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, and Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER & LINVILLE, INC., FOR PRELIMINARY DESIGN SERVICES FOR THE JOINT 911 EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($17,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a construction contract with Horizon International Group, LLC, for Fire Station No. 7. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,178 authorizes a construction contract with Horizon International Group, LLC, for Fire Station No. 7, in the amount of $2,651,500.00, which includes the base bid plus bid alternate No 8. City Council Regular Meeting Minutes February 14, 2013 Page 5 of 20 He further stated that the scope of this project includes: (1) the construction of a new single -story wood frame and masonry veneer fire station facility of approximately 15,000 square feet, located at 7215 Eastpoint Boulevard in Baytown, Texas; (2) the architectural, civil, structural, plumbing, fire protection, HVAC, and electrical systems for the building, (3) the paving, drainage, landscaping and (4) other related work at the site. City Manager Leiper stated that bids were opened on February 05, 2013, in which ten bids were received with Horizon International Group, LLC, being the lowest bid. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,178. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH HORIZON INTERNATIONAL GROUP, LLC, FOR THE NEW FIRE STATION NO.7 PROJECT; AUTHORIZING PAYMENT OF A SUM OF TWO MILLION SIX HUNDRED FIFTY -ONE THOUSAND FIVE HUNDRED AND NO1100 DOLLARS ($2,651,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding a contract to Huffman Construction, Inc. for the removal and disposal of derelict pilings in Tabbs Bay. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,179 awards a contract to Huffman Construction, Inc., for the removal and disposal of derelict pilings in Tabbs Bay, in the amount of $134,932. He stated that a mandatory pre -bid conference was held on January 30th with five companies in attendance. The City received three bids, which were opened on February 61h, with the low bid coming from Huffman Construction, Inc. City Manager Leiper stated that the bids included a base bid for the removal and disposal of 250 piles, as well as, an alternate for the cost of removal and disposal per pile after 250 up to a maximum of $35,000. He further stated that the amount from the Coastal Management Grant was $81,000 and a City match in the amount of $54,000. City Council Regular Meeting Minutes February 14, 2013 Page 6 of 20 City Manager Leiper stated that staff plans to apply for a Cycle 19 grant in September 2013 to continue cleaning Tabbs Bay of abandoned and derelict piles. Mayor DonCarlos stated that there were some piles left from the first removal and inquired if there was a plan to go back and remove them. Mr. Scott Johnson, Parks and Recreation Director, stated that these piles were not visible at the time of the first removal, however, he noted that there would be a request placed for those piles to be removed, along with the piles along the bridge area. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,179. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HUFFMAN CONSTRUCTION, INC., FOR THE REMOVAL AND DISPOSAL OF DERELICT PILINGS IN TABBS BAY; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH HUFFMAN CONSTRUCTION, INC., FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE HUNDRED THIRTY -FOUR THOUSAND NINE HUNDRED THIRTY -TWO AND NO 1100 DOLLARS ($134,932.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a license agreement with the Baytown Historical Preservation Association concerning the placement of the John C. Sjolander House at the Republic of Texas Plaza on N. Main Street. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,180 authorizes a license agreement with the Baytown Historical Preservation Association (BHPA) concerning the placement of the John C. Sjolander House (currently located on Pine Oak Lane, Baytown 7752 1) at the Republic of Texas Plaza on N. Main Street. City Council Regular Meeting Minutes February 14, 2013 Page 7 of 20 City Manager Leiper stated that the BHPA had been offered the 1910 John C. Sjolander House and that they have requested permission to include the house in the "living history" complex of the Republic of Texas Plaza on North Main. He further stated that according to BHPA, the workmanship and style of the house is different from the two houses now on site and would be an appropriate representation of the Cedar Bayou community in which they believe that the house is historically significant, as it belonged to John C. Sjolander (1883 - 1957), who was the son of John Peter Sjolander, a Swedish immigrant who landed in Galveston in 1871, at age 20. City Manager Leiper stated that the Sjolander family is making the donation, including moving costs, original furnishings, and original handwritten poems, to BHPA and the BHPA will maintain the house as they have with the other homes on the property for the past 26 years. Additionally, City Manager Leiper stated that the Association will be responsible for all cost associated with the move and future restoration efforts for the facility including electrical cost and that the Parks and Recreation Advisory Board approved this item at their February 06, 2013, meeting. A motion was made by Council Member Scott Sheley and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,180. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE BAYTOWN HISTORICAL PRESERVATION ASSOCIATION TO ALLOW THE JOHN C. SJOLANDER HOUSE TO BE MOVED TO THE REPUBLIC OF TEXAS PLAZA FOR USE AS PART OF THE REPUBLIC OF TEXAS PLAZA PUBLIC TOURS AND TO PROMOTE TO THE PUBLIC THE HISTORY OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C Consider an ordinance authorizing a contract with the Texas Mariners Cruising Association (TMCA) for the Spring Fling at Bayland Island and granting a variance to exempt the event from the provisions of Chapter 74 "Peddlers and Solicitors" of the Code of Ordinances, Baytown, Texas. City Council Regular Meeting Minutes February 14, 2013 Page 8 of 20 City Manager Leiper presented the agenda item and stated that Ordinance No. 12,181 authorizes a Hotel -Motel funded contract to provide up to $4,500 to the Texas Mariners Cruising Association (TMCA) for the Spring Fling at Bayland Island and grants a variance to exempt the event from the provisions of Chapter 74 "Peddlers and Solicitors" of the Code of Ordinances, Baytown, Texas. City Manager Leiper also stated that the TMCA holds an annual Spring Fling each year highlighting an area marina which is geared to TMCA members and encourages their members and friends to travel to the event location. The event has been held in Freeport for the past two years, and will bring up to 150 boats to Bayland Island the weekend of May 17 to 19. The event will feature educational sessions, vendor booths and live music. Tom Taylor, Chairman of the 2013 Spring Fling presented an overview regarding the event and stated that any proceeds from this event would go towards charity. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,181. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, and Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TEXAS MARINERS CRUISING ASSOCIATION, INC., FOR ITS SPRING FLING TO BE HELD ON MAY 17, 2013, THROUGH MAY 19, 2013, AT BAYLAND ISLAND; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($4,500.00); GRANTING A VARIANCE TO EXEMPT THE TEXAS MARINERS CRUISING ASSOCIATION'S SPRING FLING FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS City Council Regular Meeting Minutes February 14, 2013 Page 9 of 20 a. Consider a resolution granting the petition of Ryan and Chad Fitzgerald requesting annexation of approximately 10.01 acres located on the south side of the I -10 feeder road west of State Highway 146, located in the William Bloodgood League Survey, Abstract 4, Chambers County, Texas. City Manager Leiper presented the agenda item and stated that Resolution No. 2228 grant the petitions requesting annexation submitted by Ryan and Chad Fitzgerald for approximately 10.01 acres located along the south I -10 feeder road approximately 2,000 feet west of SH 146 and also directs the preparation of a service plan for the area proposed to be annexed. He stated that the applicant indicated the intent to develop a recreational vehicle park and several commercial out - parcels on the property, but annexation is required to extend necessary utilities to the site. Chance Bennett registered to speak before Council regarding agenda item 4.a. and stated that the property would be off the feeder road about 400 feet into the woods and create a nature barrier to keep as much of a natural vegetation as possible. He stated that the Gulley that runs east and west and the entrance along the power line easement would stay vegetated. Mr. Bennett stated that the entry road and check in station would be off the highway about 400 feet of roadway and there should not be any backup. Additionally, Mr. Bennett stated that the park would provide for about 100 spaces and have a 3000 square foot bath wash house facility for the tenants. City Manager Leiper stated that the sewer line accessibility would have to be extended along the frontage road from Highway 146 to the west of the property. A motion was made by Council Member Scott Sheley and seconded by Council Member Mercedes Renteria III approving Resolution No. 2228. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, and Council Member Scott Sheley Nays: None Approved RESOLUTION NO. 2228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF RYAN AND CHAD FITZGERALD TO ANNEX 10.01 ACRES LOCATED ON THE SOUTH SIDE OF THE I -10 FEEDER ROAD WEST OF STATE HIGHWAY 146, LOCATED IN THE WILLIAM BLOODGOOD LEAGUE SURVEY, ABSTRACT A -4, CHAMBERS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 14, 2013 Page 10 of 20 5. REPORTS a. Present City Council with an update on the new Public Safety Broadband Network and the recent visit by board members of the First Responder Network Authority (FirstNet). City Manager Leiper presented the agenda item and Dennis Wells, Acting ITS Director presented an overview on the new Public Safety Broadband Network and the recent visit by board members of the First Responder Network Authority (FirstNet). Mr. Wells stated that the City of Baytown is the only organization in the nation with the capability of public safety personnel perform operational testing mode on the new public safety network. Mr. Wells stated that the City of Baytown has 12 operational vehicles equipped with the new system and that on April 08, 2013, a release of $121,500,00.00, of funding would be available for each state to apply for and that Texas was the only state qualifying for the full amount of $6 million. City Manager Leiper stated the City's public safety communications system is outdated and requires replacement, and in doing so the City wants to ensure that the replacement system is capable of being updated with future technology compatibility, which this network has. He also stated that the network system in question has the capability for all parties involved to be able to communicate through the internet with one another, and see an incident by video from the device being utilized. b. Receive a report on the 2013 Texas Municipal League (TML) Elected Officials Conference and legislative briefing. The Assistant to the City Manager, Nick Woolery provided a recap of the Legislative Briefing held during the Texas Municipal League's (TML) 2013 Elected Officials Conference held from February 2 -4 in Austin. Mr. Woolery stated that the City of Baytown received the Leadership Award for the investment of training and education of elected officials. He stated that the legislative briefing included discussions regarding three (3) main issues being water, transportation and school funding. Mr. Woolery stated that all five (5) of the city's representatives attended the conference and all meetings with them went well. Mayor DonCarlos inquired as to what Senator Williams say about the appraisal and revenue caps. Council Member Sain stated that he addressed that concern to Senator Williams and felt that it was well received by the Senator. 6. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 6.a. through 6.w. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley City Council Regular Meeting Minutes February 14, 2013 Page 11 of 20 Nays: None Approved a. Consider an ordinance authorizing the City Manager to negotiate a professional service agreement with Malcolm Pirnie Inc., for design and bid services for the Central District Wastewater Treatment Plant Grit, Security and Supervisory Control and Data Acquisition Improvements Project. ORDINANCE NO. 12,182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE, INC., FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT GRIT SYSTEM PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF EIGHT HUNDRED TWENTY -SIX THOUSAND TWO HUNDRED FORTY -TWO AND NO 1100 DOLLARS ($826,242.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout and acceptance of the Hunt Road Extension Phase 1 Project (5 lane) and the release of retainage to Angel Brothers Enterprises, LTD. ORDINANCE NO. 12,183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE HUNT ROAD EXTENSION PHASE I PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -FIVE THOUSAND SEVEN HUNDRED EIGHTY -SIX AND 28/100 DOLLARS ($25,786.28) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the closeout of the CDBG Non - Housing Wastewater Emergency Power Project: Wastewater Treatment Plant Generators. ORDINANCE NO. 12,184 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CDBG NON- HOUSING WASTEWATER EMERGENCY POWER PROJECT: WASTEWATER TREATMENT PLANT GENERATORS; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY -EIGHT THOUSAND TWENTY AND 80/100 DOLLARS ($88,020.80) City Council Regular Meeting Minutes February 14, 2013 Page 12 of 20 TO C.F. MCDONALD ELECTRIC, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the acceptance of the 2012 Annual Waterline System Rehabilitation Project with SKE Construction, LLC. ORDINANCE NO. 12,185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE WATERLINE SYSTEM REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED THIRTY -FIVE THOUSAND TWO HUNDRED SEVENTY -SIX AND 87/100 DOLLARS ($135,276.87) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the acceptance and closeout of the Wayne Gray Sports Complex Family Aquatics Center Project (Pirates Bay), and release remaining retainage. ORDINANCE NO. 12,186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE WAYNE GRAY SPORTS COMPLEX FAMILY AQUATICS CENTER PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED FOURTEEN THOUSAND THREE HUNDRED SEVENTY -FOUR AND 37/100 DOLLARS ($114,374.37) TO HASSELL CONSTRUCTION COMPANY AND WHITEWATER WEST INDUSTRIES, LTD., CONTINGENT UPON RECEIPT OF THE REQUISITE RELEASES AND AFFIDAVITS OF ALL BILLS PAID FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance approving Change Order No. 2 for the 2007 Street Bond Project- Year 4 to Angel Brothers. ORDINANCE NO. 12,187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES, LTD., FOR THE 2007 STREET BOND PROJECT - YEAR 4; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FORTY THOUSAND FIVE HUNDRED SEVEN AND 451100 DOLLARS ($240,507.45); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 14, 2013 Page 13 of 20 g. Consider an ordinance renewing the 2012 Annual Mill and Overlay Contract with Angel Brothers Enterprises, LTD. City Manager Leiper stated that the amount in the contract was changed to $1.2 million would cover two (2) fiscal years, but at this meeting Council could only approve the funding for the current fiscal year. ORDINANCE NO. 12,188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2012 MILL AND OVERLAY CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR YEAR 2; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED THOUSAND AND NO 1100 DOLLARS ($1,200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the Annual Electrical Services Contract with Baytown Electric Company. ORDINANCE NO. 12,189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED THOUSAND AND NO 1100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the Annual Portland Cement Contract to Ash Grove Cement Company. Alan Hudgins registered to speak before Council regarding agenda item 6.i. and stated that Novus Wood Group was proposing to conduct a wood grinding and mulching operation directly behind Cedar Crest Cemetery. He stated that this property is currently zoned as mixed use (MU) and was confirmed as a non - conforming property. Mr. Hudgins stated that the wood grinding operation does not comply with ULDC criteria as a grandfathered land use or proposed ULDC regulations for mixed use. ORDINANCE NO. 12,190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ASH GROVE CEMENT COMPANY FOR THE ANNUAL PORTLAND CEMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED City Council Regular Meeting Minutes February 14, 2013 Page 14 of 20 THOUSAND AND NO 1100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the renewal of the Annual Wood Grinding and Material Handling Services Contract to Novus Wood Group, L.P. ORDINANCE NO. 12,191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 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 ($210,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the renewal of the Annual Electrical Motor Control Center Services Contract with Baytown Electric Company. ORDINANCE NO. 12,192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THOUSAND AND NO 1100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the renewal of the Annual Mowing, Edging and Trimming Services Contract with Grant Smith Mowing, Inc. ORDINANCE NO. 12,193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACT WITH GRANT SMITH MOWING, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED ONE THOUSAND FIVE HUNDRED FIFTY -EIGHT AND 12 /100 DOLLARS ($201,558.12); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 14, 2013 Page 15 of 20 m. Consider an ordinance renewing of the Annual Janitorial Services Contract with McLemore Building Maintenance, Inc. ORDINANCE NO. 12,194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SERVICES CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FOUR THOUSAND THREE HUNDRED TWENTY -FIVE AND 60/100 DOLLARS ($104,325.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance repealing Ordinance No. 12,158 and authorizing a new interlocal cooperation contract with the Texas Department of Public Safety regarding the denial of a driver's license renewal for failure to appear in the Baytown Municipal Court, or for failure to pay certain fines and costs. ORDINANCE NO. 12,195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 12,158, PASSED ON JANUARY 10, 2013; AND AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY REGARDING THE DENIAL OF A DRIVER'S LICENSE RENEWAL FOR FAILURE TO APPEAR IN THE BAYTOWN MUNICIPAL COURT OR FOR FAILURE TO PAY CERTAIN FINES AND COSTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance repealing Ordinance No. 12,157 passed on January 10, 2013, and authorizing an interlocal agreement with the Baytown Municipal Development District for funding the Hutto Lift Station Upgrade Project. ORDINANCE NO. 12,196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 12,157 PASSED ON JANUARY 10, 2013; AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING THE HUTTO LIFT STATION UPGRADE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance granting a variance to Section 22 -124 of the Code of Ordinances, Baytown, Texas, to extend the Temporary Housing Permit at 517 S. Burnet Dr., Baytown, Harris County, Texas, until December 31, 2013. City Council Regular Meeting Minutes February 14, 2013 Page 16 of 20 ORDINANCE NO. 12,197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO SECTION 22 -124 OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXTEND THE TEMPORARY HOUSING PERMIT AT 517 S. BURNET DR., BAYTOWN, HARRIS COUNTY, TEXAS, UNTIL DECEMBER 31, 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance approving the purchase of a 30 foot X 44 foot polygon shade structure for the Pirates Bay Water Park through the Texas Local Government Purchasing Cooperative (Buy Board) from BJ's Park & Recreation Products. ORDINANCE NO. 12,198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -THREE THOUSAND SIX HUNDRED SEVENTY -FOUR AND 25/100 DOLLARS ($33,674.25) TO BJ'S PARK & RECREATION PRODUCTS FOR THE PURCHASE OF A 30'X 44' POLYGON SHADE STRUCTURE FOR THE PIRATES BAY WATER PARK THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing a purchase and service agreement with Media RUSHWORKS, Inc., for audio /visual enhancements to the City Council Chamber. City Manager Leiper stated that the contracts were not completed so he would have to be authorized to sign the contract but the dollar amount did not change. ORDINANCE NO. 12,199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A VIDEO SYSTEMS SALE, INSTALLATION & INTEGRATION AGREEMENT WITH MEDIA RUSHWORKS, INC., FOR AUDIOVISUAL ENHANCEMENTS TO THE CITY COUNCIL CHAMBER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY -FIVE THOUSAND THREE HUNDRED ELEVEN AND 61/100 DOLLARS ($175,311.61); AUTHORIZING A CONTINGENCY ALLOWANCE IN THE AMOUNT OF FIFTEEN THOUSAND FIVE HUNDRED THIRTY -ONE AND 16/100 DOLLARS ($15,531.16); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 14, 2013 Page 17 of 20 S. Consider an ordinance authorizing an agreement for financial auditing services with Belt Harris Pechacek, LLLP. ORDINANCE NO. 12,200 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 AN AGREEMENT FOR AUDITING SERVICES WITH BELT HARRIS PECHACEK, LLLP; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED NINETY - SIX THOUSAND TWO HUNDRED THIRTY -EIGHT AND NO /100 DOLLARS ($96,238.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider a resolution authorizing the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within the Chambers County portion of Baytown. RESOLUTION NO. 2229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider a resolution amending the authorized representatives for the Texas Local Government Investment Pool ( "TexPool "). RESOLUTION NO. 2230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AUTHORIZED REPRESENTATIVES FOR THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider a resolution amending the authorized representatives for the Texas Short Term Asset Reserve Fund ( "TexStar "). City Council Regular Meeting Minutes February 14, 2013 Page 18 of 20 RESOLUTION NO. 2231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AUTHORIZED REPRESENTATIVES FOR THE PUBLIC FUNDS INVESTMENT POOL KNOWN AS TEXSTAR SHORT TERM ASSET RESERVE FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. W. Consider a resolution approving the City of Baytown's Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act. RESOLUTION NO. 2232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider four (4) appointments to the Planning and Zoning Commission. City Manager Leper presented the agenda item and to consider the appointments of Spencer Carnes, Tracey Wheeler, and Lisa Clary to the Planning and Zoning Commission. He stated that Commissioners Carnes, Wheeler and Clary desire reappointment for another two (2) year term and if re- appointed their term would commence immediately and expire on December 31, 2014. He also stated that Dr. Joe Floyd, District 4 appointment, resigned from the Commission on January 24, 2013, leaving one vacancy on this board. Council Member Sain recommended Mr. Pete Cote to serve on the commission to replace Mr. Floyd, in which Mr. Cote agreed to serve, if approved for the appointment. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Scott Sheley approving the appointments of Spencer Carnes, Tracey Wheeler, Lisa Clary, and Pete Cote to the Planning and Zoning Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley Nays: None Approved City Council Regular Meeting Minutes February 14, 2013 Page 19 of 20 8. MANAGER'S REPORT a. The Marcus Lee Zaruba Criminal Justice Foundation's Jail Break Run is scheduled for Saturday, February 16, 2013, beginning at 6:00 A.M. in front of the Baytown Police Department. City Manager Leiper presented the agenda item and stated that the Marcus Lee Zaruba Criminal Justice Foundation's Jail Break Run was scheduled for Saturday, February 16, 2013, beginning at 6:00 A.M. in front of the Baytown Police Department. b. Present demonstration of upgrades to the City of Baytown website. City Manager Leiper stated that the upgrades to the website have been installed and the current council meeting was being streamed live on the internet. Nick Woolery presented the Council with a demonstration of the new features to the City's website, which include, live streaming of city council meetings, video meeting archives and agenda enhancements. C. Reminder that the second council meeting in February has been canceled to accommodate the emergency management training in Emmitsburg, Maryland. City Manager Leiper stated that the second council meeting in February was canceled to accommodate the emergency management training in Emmitsburg, Maryland. d. The Planning and Zoning Commission of the City of Baytown will a hold a public hearing on February 21, 2013, at 5:00 P.M. in the Council Chamber at Baytown City Hall, 2401 Market Street, Baytown, Texas. City Manager Leiper stated that the Planning and Zoning Commission of the City of Baytown will hold a second public hearing on February 21, 2013, at 5:00 P.M. in the Council Chamber at Baytown City Hall, 2401 Market Street, Baytown, Texas. City Manager Leiper stated that the work days for a new habitat for humanity home project would be March 08, 2013 and March 15, 2013, from 8:00 A.M. until 12:00 P.M., with the groundbreaking ceremony to be on February 22, 2013, at 10:00 A.M. He stated that the recipient of the home would be a City of Baytown public works employee. City Manager Leiper stated that on March 04, 2013, there will be a grand opening for the City of Baytown Wellness Clinic and that there will be a groundbreaking for the flyover at 2:00 P.M., on February 15, 2013. 9. ADJOURN City Council Regular Meeting Minutes February 14, 2013 Page 20 of 20 A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney adjourning the February 14, 2013, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, and Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the February 14, 2013, City Council Regular Meeting at 8:50 P.M.