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2017 10 12 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 12,2017 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 12, 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 Council Member Robert Hoskins Council Member Charles Johnson Council Member David McCartney Council Member Chris Presley Council Member Terry Sain 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 October 12, 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 Sain. 1. MINUTES a. Consider approving the minutes of the City, Council Special Meeting held on August 15,2017. A motion was made by Council Member David McCartney and seconded by Council Member Laura Alvarado approving the August 15, 2017, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tem Chris Presley Nays: None Other: Approved City Council Regular Meeting Minutes October 12,2017 Page 2 of 24 b. Consider approving the minutes of the City Council Special Budget Work Session held on August 17,2017. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Chris Presley approving the August 17, 2017, City Council Special Budget Work Session minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tern Chris Presley Nays: None Other: Approved c. Consider approving the minutes of the City Council Emergency and Special meetings held on August 31, 2017. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Chris Presley approving the August 31, 2017, City Council Emergency and Special Meeting minutes held on August 31, 2017. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tern Chris Presley Nays: None Other: Approved 2. CITIZEN COMMUNICATIONS a. Present a proclamation designating October as National Community Planning Month in Baytown. Public Affairs Coordinator, Patti Jett presented the item and Mayor DonCarlos presented the proclamation to members of the Planning and Development Services Department. Mayor DonCarlos stated that the agenda would be taken out of order at this time, and Council would recess into an executive session under agenda item 7.a. City Council Regular Meeting Mmutes October 12,2017 Page 3 of 24 7. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 to seek the advice of the City's attorneys in which the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Open Meetings Act. At 6:36 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.071 to seek the advice of the City's attorneys in which the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Open Meetings Act. At 7:18 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. Mayor DonCarlos stated that return to the agenda's regular order and considered item 3.a. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Special Use Permit to construct and operate an oil tank terminal on approximately 38.00 acres of land out of a 47.13-acre tract zoned Heavy Industrial, located approximately 2,300 feet west of the intersection of Decker Drive and Baker Road, along the north right-of-way of Baker Road, legally described as part of and out of Harvey Whiting Survey,Abstract No. 840, Harris County,Texas. Mayor DonCarlos presented the item and stated that at the last meeting, Council treated everyone with courtesy and respect and he expected everyone in attendance to be respectful of all speakers, and that there would be no shouting from the audience and no personal attacks allowed. He clarified that the vote being considered tonight is the conditions under which Council is granting the Special Use Permit (SUP). He noted that Council, with suggestions from the public and staff have created a list of conditions that the company has already agreed to; however, he noted that these conditions could be amended and added to by the Council and then presented to the company. Mayor DonCarlos stated that he's aware that many want the Council to vote up or down on the issuance of the permit; however, the Council obtained three (3) separate legal advices from the City's Legal Department, the Texas Municipal League's (TML) Legal Department, and the City's outside law firm of Olson & Olson, in which they all agree that the Council is not in a position where they can legally defeat this development or prevent this development from happening. He stated that what Council is doing this evening is not voting up or down on this development, contrary to what some believe that the City have the legal authority to do,but instead is voting on the conditions of this SIP, i.e. regulations as to health and safety for this development. Mayor DonCarlos stated that this development does have to attain a permit from the Texas Commission of Environmental Quality(TCEQ), and noted that the public could during this permitting process make public comment and/or petition the TCEQ not to issue City Council Regular Meeting Minutes October 12,2017 Page 4 of 24 the permit in question. He further noted that he's not saying what TCEQ would do with this development, but he's informing the public that there's another venue for the public to voice concerns. Mayor DonCarlos clarified that the only agency that has the authority to deny the permit,which would halt this project is TCEQ and not the Council. Mayor DonCarlos further asked that everyone keep their comments confined to the conditions for the SUP. He noted that the Planning and Community Development Director, Tiffany Foster would present the agreed upon conditions, which would be posted on the screen and discussed in detail so that everyone could see and understand them. He stated that once the presentation is over, he would welcome public comments on the presented conditions. He reminded the public that the Council has the right to add conditions that deal with the safety of the neighborhood and schools, along with the esthetics of the project and that the vote is not for an up or down on the project, as the Council does not have that legal authority to do that, but instead on the conditions associated with the SUP. April Seeley, Rachel Seeley, Billy Kerr, Norma Razo, Steve Knight, Steven Adrian, Karen Knight, Mary Davis, Lynda Toups, Larry Toups, Joy Huntington, Cheryl Brown, Janet Lively, Sarah Wood, Jean Vaughn, Kenneth Norman, Jamie Ouardi, Suzi Cantrell, James Prickett, Jerry Bowers, JoAnn Eve, N. Nakunz, Lisa Little, Gordie Little, Jane Riggs, Ken Martin, Elizabeth Higgins, Randee King, Daniel Seeley, Glen Odom, Terry Seeley, Duane Campbell, Dell Cantrell, John Jacobson, Sheila McClella, Karen Lewis, Luis Perez, and Kevin Campbell all registered to speak regarding agenda item 3.a. Mrs. Foster presented that the twenty-three agreed upon conditions for the SUP as follows: 1. The Permittee shall install and maintain a wrought iron/aluminum type fence for any entrance facing West Baker Road and for a minimum distance of 25 feet on either side of the entrance gate(must meet with the approval of the Director of Planning and Development Services); 2. The Permittee shall perform annual tank maintenance (removal of rust, dirt etc.); so that the tanks are kept in good repair; 3. All building facades shall have a minimum of 50% masonry and a minimum of two style elements; 4. No tank shall be closer than 1,000 feet from the existing habitable structures located on the adjacent St. James Place property, located at 5800 W. Baker Road, Baytown,Texas; 5. The Permittee shall retain and maintain 600 feet (wide) X 300 feet (deep) of the existing vegetative buffer along the western property line beginning at the property line of west Baker adjacent to the pipeline as more particularly depicted in Exhibit "A," which is a site plan that is attached to the special use permit. At no time in the future may the existing trees or underbrush be removed. If an unforeseen event occurs (disease) the affected trees may be removed with the permission of the Director of Planning and Development Services and subsequently replanted in order to maintain the buffer; 6. In addition to the required compatibility standards, the Permittee shall retain the existing vegetative buffer along the property line adjacent to West Baker Road. The existing trees should not be removed; however, the underbrush may be cleared. If an unforeseen event occurs (disease), the affected trees may be removed with the permission of the Director of Planning and Development Services and subsequently replanted in order to maintain the buffer; City Council Regular Meeting Minutes October 12,2017 Page 5 of 24 7. All pumps and operations of the Tank Farm Facility shall comply with the noise ordinance of the City of Baytown; 8. The Permittee is subject to 30 Tex. Admin. Code § 101.4, and will obtain the appropriate air authorization(s) under the Texas Clean Air Act, and 30 Tex. Admin. Code § 101.1, et seq., "to safeguard the state's air resources from pollution by controlling or abating air pollution and emissions of air contaminants, consistent with the protection of public health, general welfare, and physical property, including the esthetic enjoyment of air resources by the public and the maintenance of adequate visibility"; 9. The Permittee shall develop and implement a facility response plan and/or an emergency communication response plan in the event of a release that meets or exceeds the requirements established by the East Harris County Manufacturers' Association; 10. The Permittee shall provide prompt notice regarding "reportable emission events," as that term is defined in 30 Tex. Admin. Code § 101.1, to the owners and administrators of St. James Place,Travis Elementary School, and the Baytown Junior High School, the procedures for which shall be documented in the facility response plan for the Tank Farm Facility; 11. The Permittee shall provide shelter-in-place kits to St. James Place, Travis Elementary School, and Baytown Junior High School and shall replace the same should St. James Place, Travis Elementary School, and Baytown Junior High School use the kits provided due to an emissions event emanating from the Tank Farm Facility; 12. The Permittee shall install technology in the control room, which will monitor tank gauges, overfill protection, alarms and video cameras; 13. The Permittee shall develop and implement a facility response plan that includes a traffic control plan for vehicle and pedestrian traffic on Baker Road between Decker Drive and Bayway Drive and for rail traffic in the event of a release onto the roadway near the Tank Farm Facility in order to stop vehicular traffic within 0.5 miles of the Tank Farm Facility; 14. The Permittee shall implement secondary containment measures that meet the "sufficiently impervious" requirements under applicable Spill Prevention Control and Countermeasure ("SPCC")regulations contained in 40 CFR Part 112 and that shall be sufficient to contain at least 110% of the largest tank volume at the Tank Farm Facility. The Permittee shall document these measures in an SPCC plan,where such plan shall be certified by a Texas Professional Engineer; 15. The Permittee will design the firefighting system in accordance with the requirements of the American Petroleum Institute ("API"), 33 C.F.R. and 29 C.F.R., the National Fire Protection Association ("NFPA") and all applicable regulatory requirements, which system includes the following: • installation of foam capability to apply foam to the piping manifold and/or tank as required by NFPA; • fire water pump capacity to accommodate analysis of need and capabilities of the system installed,with an electric driven pump and diesel driven pump; • Fire water tank capacity to support the overall Tank Farm Facility as designed by a Texas Professional Engineer; • Make up water with pump capabilities from an appropriate source; and • The Tank Farm Facility will have sufficient aqueous film forming foam (AFFF foam) to address an emergency event; 16.The Permittee: • shall seek approval through the Texas Commission on Environmental Quality("TCEQ") within thirty(30)days of the commencement of construction to paint: City Council Regular Meeting Minutes October 12,2017 Page 6 of 24 o the tanks,pipes and ancillary equipment an earth tone to camouflage the tanks and o murals on the sides of the tanks that face Baker Road in an effort to camouflage the tanks; o shall notify the City Manager when it makes application to have the tanks painted in accordance with subsection a and within thirty (30) days of receiving a response from TCEQ of its application; and o shall paint, within ninety (90) days of TCEQ's approval, the tanks in accordance with a (1) if TCEQ approves a (1) and a(2), or shall paint the tanks in accordance with the approval granted if TCEQ approves only a(1)or a(2); ■ Notwithstanding the foregoing, even if a(1) and a(2) are approved by TCEQ, if TCEQ later requires that the tanks be painted a color other than a(1) and/or a(2) above, then the Permittee shall follow the TCEQ's requirements as to any painting of the tanks. 17. The Permittee will have a gas detection system in place and Permittee will conduct monthly calibrations to ensure that the system is maintained and functional at all times (excluding periods of calibration and repair); 18. The Permittee shall provide and maintain a landscape buffer area with trees (being a mixture of evergreens, oak trees and oleanders or other similar equivalent) along Baker Road, Middleton Street, and the St. James house property; 19. The Permittee shall provide prompt notice to the City Manager and the City's Emergency Operations Coordinator of(i) "reportable emission events," as that term is defined in 30 Tex. Admin. Code § 101.1, and (ii) scheduled maintenance, startup or shutdown activities that are expected to cause an unauthorized emission that equals or exceeds the "reportable quantity," as that term is defined in 30 Tex. Admin. Code § 101.1, which notice shall be given to the City no later than the time period by which Permittee must give notice to the TCEQ in accordance with 30 Tex. Admin. Code §§ 101.201, 101.211 20. The Permittee will make a reasonable effort to hire local residents of the City of Baytown as contractors and employees for work in connection with development, operation and maintenance of the Tank Farm Facility, provided that the local residents applying for hire at least meet the hiring requirements and experience level being offered for employment opportunities; 21. The Permittee shall maintain a membership and participation with the Baytown Chamber of Commerce; 22. The Permittee will obtain and maintain membership in the Mutual Aid Mont Belvieu ("MAMB") emergency mutual aid system or other mutual aid system, which the Permittee deems to be the best practice in the view of the Tank Farm Facility and its operations; 23. The Permittee will maintain beautification landscape efforts around the perimeter of the subject property so long as reasonable and seasonal and not contrary to the other conditions listed above. April Seeley, Rachel Seeley, Mary Davis, Karen Knight, Suzi Cantrell and Jean Vaughn donated their three (3) minutes to Dan Sealy for a total of 21 minutes. Daniel Sealy, 5112 Middleton Road, stated that he and other neighbors on Middleton Road were against permitting the tank farm to function so close to his home, neighborhoods, schools and the St. James Rehabilitation Home. He commented that there would be environmental, health, and safety concerns related to the construction and ongoing operations to this project. Steven Adrian and James Prickett donated their three (3) minutes to Steven Knight for a total of nine (9) minutes. Steven Adrian, 408 Red Bird, stated that as it related to special conditions for City Council Regular Meeting Minutes October 12,2017 Page 7 of 24 the SUP, he recommended that Council add an engineering study on the impact of the project outfall into the area watershed and flooding issues and hold off on approval of the SUP until such time as the study is completed; require a mitigation plan for construction period nuisances on the surrounding neighborhoods and St. James House; consider restrictions on operations, amount of equipment to control vibrations, noises, and noxious gases. Norma Razo, Cheryl Brown,Karen Lewis, Elizabeth Higgins and Glen Odom donated their three (3) minutes to Ken Martin for a total of 18 minutes. Ken Norman, 7018 Bayway Drive, stated that he was a former City Attorney and noted that he still believes that his interpretation of the Code is accurate and that Council does have the legal authority to deny the whole project, if they deem it appropriate. He further noted that he has concerns regarding the validity of the Permittee's SUP application and stated that in his opinion the application was invalid. Lastly, he noted that he and the neighbors he's representing do not want this project developed at this location. Lynda Toups, Joy Huntington, Jane Riggs and Sheila McClella donated their three(3) minutes to Lisa Little. Lisa Little, 136 Burnet Drive, stated that she and her neighbors have worked together to bring their concerns regarding the permitting of this development near their homes, schools and St. James House. She further stated that they, the R.E.D. Shirts would continue to fight the special interest of the development of this tank farm and those that would support it in order to ensure what is right and legal. Mayor DonCarlos stated that before moving any further he wanted to address an issue. He stated that the City did not go out and recruit this tank farm and he's offended by the apparent belief by some folks that the City is desperate to get this project built here; the City is in better shape than it has ever been and with its many expansions, a $150 million project is not that big of a project in the grand scheme of the City. He further noted that he's offended by Mrs. Little inference that the Council has any monetary gain or power trip related to this project and noted that this type of thinking is absurd. Mayor DonCarlos stated that Council Members have spent countless hours working for this community for a very small pay to represent the best interest of their residents. He noted that the Council has numerous legal opinions that are diametrically opposed to Mr. Norman's opinion and that of other residents. He further noted that the Council and staff are perfectly aware of and understand the ULDC language, the City's codes and the options related to this permit. He stated that the Council understands that this project has bad impacts on their community and noted that the Council reached out to the developers to see if they would consider relocating the project, which they have refused. He further noted that the Council is required to do what's best and legal for the entire City and noted that two (2) legal departments have looked at this permit application and disagree that it's improper or illegal; therefore, please note that Council is not ignoring the public, it's not ignoring the law, nor is it ignoring the ULDC, and is moving forward based on the advice of two (2) outside legal departments with no dog in this fight, but both agreed with the City's attorney's legal advice and interpretations. He reminded them that the only permitting authority that can stop the project itself is TCEQ, which is where they need to direct their comments regarding the air and water quality concerns for this project. As it related to the action being taken by Council, Mayor DonCarlos requested that the public confine their remarks to conditions related to the SUP only. He reiterated that the Council has nothing to gain by this project except the vilification by those present, which he does not City Council Regular Meeting Minutes October 12,2017 Page 8 of 24 appreciate, as Council has spent countless hours trying to understand this situation, and while they're not scared of being sued, it's their responsibility to do what's best for the entire City and he will not tolerate any more personal attacks. Terry Seeley, 110 Wildrose Drive, stated that in his opinion it looked like Council was trying to change zoning. Mayor DonCarlos stated that this was an ordinance related to the conditions for the SUP related to the health, safety and welfare of the community. Mr. Terry Seeley further stated that in his opinion there should be more that the Council could do to prevent the development of this project. Billy Kerr, Jerry Bowers, JoAnn Eve and N Nakunz donated their three (3) minutes to Gordie Little for a total of 15 minutes. Gordon Little, 136 Burnet Drive, stated that he still did not think that Council and staff had looked and understood the Codes and laws related to this item and did not understand why the City's Legal Department would not share the information and research on which they based their legal advice. Mr. Little stated that he feels that this lack of information and dialogue between the City and their community group is disrespectful and they're looking for respect. He stated that he didn't agree with the validity of the permit application, the legal interpretation of the Codes by the City staff and Legal Department or with the outside legal counsels. He further stated that he didn't agree with the permitting of the tank farm and demanded that the Council share under what laws or cases they were basing their decisions on this item because they did not buy it. Duane Campbell stated that he no longer wished to speak on this item. Ken Martin, 128 N. Burnett, commented on the City's zoning and stated that his belief was that the City staff didn't plan for its community well enough as St. James House is located next to a high industrial area and had the area been zoned correctly this tank farm would not be possible. Janet Lively, Jamie Ouardi and Dell Cantrell donated their three (3) minutes to Randee King. Randee King, 128 N Burnett Drive, stated that she's a chemical engineer that has focused on industrial safety and recommended adding so many restrictive conditions on the permit to where it's not cost effective to operate at this location and reconsider their location. Luis Perez donated his three (3) minutes to Kevin Campbell for a total of six (6) minutes. Kevin Campbell, VMA Representative, stated that there were good comments that cannot all be answered tonight, but noted that they have reached out to the community regarding their concerns and would continue to do so, in order to answer questions and present facts. Mr. Campbell stated that they have added an email address for this particular project that's going to be sent out to the community first thing tomorrow, in order to facilitate this question and answer process. He stated that VMA looks forward to working with the community and being a good corporate steward and citizen. Council Member Johnson asked Mr. Campbell if VMA has considered another location. Mr. Campbell responded that they have done their due diligence on the location for this site and concluded that the location is unique in that it sits next to one of the largest refineries in the country, it's advantageous and close to pipelines transportation and is zoned heavy industrial. City Council Regular Meeting Minutes October 12,2017 Page 9 of 24 He noted that they were aware of the nursing home and neighborhoods close to the site, but noted that an industrial site surrounded by residents and other amenities is not uncommon in this area. He further stated that there are locations in the area that have residents closer to the site than what VMA is proposing in Baytown. Mayor DonCarlos stated that it's frustrating not be able to discuss the legalities of this particular situation based on conferences with our various attorneys and he understands the public's frustration in not being able to partake of that discussion of what's the City's legal position in this matter. However, he stated that he hopes that they understand that the Council is in a situation where they the client for the attorneys, and as an attorney, he noted that he is acutely aware that the advice that he gives his clients is based on his knowledge of case law and what the law says. He assured everyone that the City's legal counsel has reviewed all of the questions posed by various residents, to include those posed by Mr. Little and Mr. Norman, and noted that the documentation in this matter and whether or not it had the legal effect of rendering this application invalid and also the language that's in the ULDC regarding SUP's. He stated that the difference in the statements made by Council from the July 13th meeting to the following meeting on this subject was that Council received legal advice that was contrary to what Council believed that it had the authority to do; therefore, we are unable to discuss the legal position of the City in an open forum. He further noted that it's within the preview of the Legal Department on whether or not they want to meet with Mr. Norman as the legal representative for the R.E.D. group, and further noted that he would leave said decision to Mr. Bounds and Mr. Ramirez, who would follow their ethical requirements in this matter. Council Member Alvarado asked whether the application was invalidated because of the engineer's signature and that she could not accept that there's nothing more that the City could do to prevent this project. Mr. Ramirez stated that he, Mrs. Foster, and Mr. Bounds have all looked at the application and feel that it's valid as submitted Council Member Hoskins stated he felt that the applicant was not truthful and honest in their application as it had a number of mistakes. He stated that he has seen attorneys argue in court of sentence structure so he does not understand how anything could be written on an application and legal say that it's good with mistakes. He stated that his permit has changed the structure of the tanks numerous times and this process has had discrepancies throughout; such as their choice of a variable frequency drive to mitigate their noise. Council Member Hoskins noted that this tool has nothing to do with noise mitigation and is misleading. He further noted that the City does need to promote this project, but in another location and encourages VMA to request a 380 Agreement from the City in order for them to receive tax abatements and help relocate this project to an industrial area. Additionally, he stated that he has had a problem with this process from the very beginning and no one has proven to him that all the requirements have been met, and he foresees more problems in the future if it moves forward. In response to Council Member Hoskins' questions, Mr. Campbell stated that the variable frequency drive was not meant to control noise, but was listed as a statement of fact, as they do not believe that the noise resulting from the facility to be over the limits allowed by the City's noise ordinance. He stated that they have completed a noise study without any vegetation and buffering and the levels were low; the point being that they fully understand the requirements of City Council Regular Meeting Minutes October 12,2017 Page 10 of 24 the noise ordinance and would certainly meet it during construction and operations. He further noted that the comments related to dishonesty were offensive, as that was never their intent. He stated that they came into this process thinking that they were wanted and was encouraged to go through the process, in which they never heard any objection until the July council meeting. He stated that this process has not been pleasant or comfortable, but with that being said, he noted that they do have a project that they have to see through and they have to do what they have to do to see that accomplished. Council Member Johnson stated that he was going to speak about being a good neighbor and stated that citizens have shown up on separate occasions to voice their opposition to this project with a company that is intent on forcing itself onto a community that does not want them through a loophole. He stated that in his opinion the company didn't put forth the effort to work with the community until after the July 13th meeting and he didn't believe that they were sincere throughout this process. Council Members Sain and McCartney recused themselves from this item due to conflicts of interests. Council Member Presley stated that in the past he has been opposed to certain rezoning in the Lakewood area and has lost friends in the process. He stated that he has always voted his conscious and looks at items from a business perspective; he's not a safety expert and would not delve into those details, but his real estate appraiser by trade and remains in the realty business, which is why he looks at the impact a development has on property values and other adjacent uses to the property. He stated that in this instance, what he sees is a less intensive use than some of the surrounding uses, Exxon being one of them. He also stated that from a purely valuation perspective he could not see how this development would have anymore external obsolescence than its neighboring properties; therefore, he note that he's not adamantly opposed to the project. He stated that it would be difficult for any real estate professional to say that the highest and best use of these 28 acres of land is residential considering the surrounding industrial neighbors. Council Member Presley stated that in his review, this land has an industrial use. He stated that as it relates to the legal comments made by Mr. Norman and the City's attorneys, there are different sides to any argument and he gives some credence and stock to everyone's comments, and more so to those of the outside legal counsel. He also stated that he received calls from Lakewood residents who were in favor of the tank farm, so not everything is one sided. Adiitionally, he stated that this is a hard decision and he has made his decision based on the information received in executive session by the City's attorneys and outside counsel to approve the SUP with each of the listed conditions. Mayor DonCarlos stated that there were two (2) council members that have recused themselves, and according to Mr. Little, he believes that this vote has to be unanimously approved with a total of five (5) votes, is this accurate. Mr. Ramirez stated that they have researched this item internally and with outside counsel and noted that the law says that you look at those council persons that are eligible to vote on this matter, and if someone has recused himself due to a conflict of interest, then he is not eligible to vote; therefore you take the remaining amount and do the math, resulting in this vote needing four(4) votes to pass. Mayor DonCarlos asked if the City Attorney had looked at the language in the Code that says "all of city council." Mr. Ramirez City Council Regular Meeting Mmutes October 12,2017 Page 11 of 24 stated that they reviewed said language and outside legal counsel concurs with their opinion. Council Member Hoskins remarked that Mr. Ramirez's comments did not make any sense as the language in the code says "all". Mr. Ramirez responded that said comment by noting that there is some case law that talks about the Goose Creek rule, which many years ago had councilmen who all worked for Exxon, and when an issue came up with Exxon, the governing body would not have a quorum, as such, no business could be conducted if people could not vote on the items. He further noted that there is now a law that says that when there is a majority of council conflicted,then everyone can vote, so there are different rulings on how these things are handled, and the Legal Department has looked at this issue and it will require four(4) votes to pass, if two council members have recused themselves. Council Member Johnson requested that the following items be added to the list of conditions (1) the delivery of shelter in place kits and training to the schools at the beginning of every school year, (2) shelter in place kits for the residents of Middleton Street, which they would replace six (6) months prior to the expiration date noted on the kits; (3) include the Middleton neighborhood in the traffic plan, and (4) include Middleton neighborhood in the Emergency Management Plan as it relates to notifications. Mayor DonCarlos allowed Larry Toups to make additional remarks. Mr. Troups asked what about notice to the rest of the residents that were in Lakewood. Mr. Ramirez stated that a part of the Emergency Management Plan requires notice to the City and the City's 911 system; the City would then send the appropriate notices to those affected areas through our Blackboard system, emergency sirens and other broadcast and notice systems, like it would with any other emergency situation. Council Member Johnson asked if anything could be done regarding construction noise and how would this be monitored. Mr. Ramirez noted that construction noise is covered by the City's current noise ordinance, which has different levels of acceptable noise at different hours of the day. He further noted that noise issues are typically handled on a complaint basis, so if a complaint is received, someone goes out to monitor the noise levels. Council Member Johnson stated that he would like for staff to be more proactive in monitoring the noise in this area because of the senior residence. Mr. Ramirez stated that this could be done through spot checks, and noted that it's in the conditions for the permit that the company would have to comply with the noise ordinance. Council Member Johnson asked if neighbors or St. James House employees' could be trained use and handle the noise monitor, in order to report into the City when it gets too loud. Mr. Ramirez stated that staff would still have to witness the monitor to read the meter at the time that it is happening, in order to testify there was a violation. Council Member Johnson stated that it's a sad day when in order to protect our citizens, we have to yield to something that we don't want. Mayor DonCarlos allowed Daniel Seeley to make additional remarks and asked about a wetlands jurisdictional study. Mayor DonCarlos stated that this study is under the jurisdiction of TCEQ. City Council Regular Meeting Minutes October 12,2017 Page 12 of 24 Mayor DonCarlos allowed Kevin Rankin to make remarks and asked if a vapor recovery system or a water/soil remediation have been considered. Mayor DonCarlos stated that this is also under the jurisdiction of TCEQ. Mayor DonCarlos allowed Randee King to make additional remarks and she asked what happens if the Council votes no on the special conditions. Mayor DonCarlos stated that it's up to the applicant to decide what to do from that point. A motion was made by Mayor Pro Tem Chris Presley and seconded by Mayor Stephen DonCarlos approving an ordinance authorizing a Special Use Permit to construct and operate an oil tank terminal on approximately 38.00 acres of land out of a 47.13-acre tract zoned Heavy Industrial, located approximately 2,300 feet west of the intersection of Decker Drive and Baker Road with the listed conditions and those added by Council Member Johnson. The vote was as follows: Ayes: Mayor Stephen DonCarlos and Mayor Pro Tern Chris Presley Nays: Council Member Charles Johnson, Council Member Robert C. Hoskins, and Council Member Laura Alvarado, Other: Council Member Terry Sain and Council Member David McCartney (Abstain) Failed b. Consider an ordinance adopting the tax rate for General Fund Maintenance and Operations at $0.45543 per $100 valuation and adopting the tax rate for Debt Service at $0.36660 per$100 valuation for the fiscal year ending September 30,2018. Finance Director, Wade Nickerson presented the item and stated that this item adopts the tax rate for General Fund Maintenance and Operations at $0.45543 per$100 valuation for the fiscal year ending September 30, 2018; and the tax rate for Debt Service at$0.36660 per$100 valuation for the fiscal year ending September 30, 2018; for a total of $0.82203 per $100 valuation. Additionally, he stated that the rate of$0.82203 per$100 valuation for FY2018 and has been the same since 2012. A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,592, regarding item 3.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tem Chris Presley Nays: None City Council Regular Meeting Minutes October 12,2017 Page 13 of 24 Other: Approved ORDINANCE NO. 13,592 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing a Grant Agreement for expedited FEMA funding through the Department of Public Safety and the Texas Division of Emergency Management. Mr. Nickerson presented the agenda item and stated that he had gone into great detail on this agreement in the work session immediately preceding the council meeting. He stated that this agreement is to apply for expedited FEMA funding through the Department of Public Safety and the Texas Division of Emergency Management for the City's Category A and B emergency operations expenditures related to Hurricane Harvey. A motion was made by Council Member Terry Sain and seconded by Council Member Laura Alvarado approving Ordinance No. 13,593, regarding item 3.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tern Chris Presley Nays: None Other: Approved ORDINANCE NO. 13,593 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 GRANT AGREEMENT FOR EXPEDITED FEMA City Council Regular Meeting Minutes October 12,2017 Page 14 of 24 FUNDING THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND THE TEXAS DIVISION OF EMERGENCY MANAGEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance establishing the City of Baytown's 2017-18 Tourism Partnership Grant Program allocations and approving the standard forms of agreement. Tourism Coordinator, Anna Yowell presented the agenda item and stated that each year the Tourism Office receives applications for the City's Tourism Partnership Grant agreement whose allocation procedures were adopted by the Council in 2012. She stated that Texas Tax Code 351 allows for portions of the Hotel Occupancy Tax (HOT) revenue to be awarded to qualified non- profit organizations whose programs fall into at least one of the qualifying categories; such as: advertising or historical restoration. She stated that each year a lump sum amount is identified for these grant allocations in each fiscal year. Mrs. Yowell stated that this year applications were due on September 15, 2017 and noted that ten (10) organizations submitted twelve (12) applications and staff reviewed the applications, as well as, the event's ability to bring visitors to Baytown and promote the hotel and convention industry. Additionally, she identified staffs 2017-2018 funding recommendations as follows: Organization Event Amount Art League of Baytown Christmas on Texas Avenue,Dec 12,2017 $5,000 Art League of Baytown FotoFest,March 9 -April 22, 2018 $12,000 Art League of Baytown Regional Show,Feb 6- 11,2018 $3,000 Baytown Historical Preservation Assoc. Historical Preservation Project, Bert Brown $7,450 House Baytown Little Theater Summer Musical Series, Aug 2018 $10,500 Baytown Youth Fair and Rodeo Concert and Rodeo, May 4-5, 2018 $10,000 Baytown YMCA Gator Ride,Mar 3,2018 $2,500 Greater Houston Football Coaches Association Bayou Bowl,June 9,2018 $20,000 Highlands Sports Association Basketball Tournament,June 22-24,2018 $8,000 Lee College's Performing Arts Center Gatlin Brothers Concert,Jan 28,2018 $3,000 (WITHDRAWN) Project Blue Jail Break Run,Feb 24,2018 $10,000 Vietnam Veterans of America Bi-annual Conference,Oct 27-28, 2017 $500 Total Recommended Grant Allocations $91,950 Ms. Yowell noted that Lee College withdrew its application for funding of a concert that was unfortunately canceled for this year, but noted that the Bayou Bowl and the Baytown Little Theater returned this year, along with the Photo Fest. She stated that the original recommended City Council Regular Meeting Mmutes October 12,2017 Page 15 of 24 allotment was $91,950; however, with the withdrawal of the Lee College application, the total amount being allocated is $88,950, and staff recommended approval. Randy Dickey, Rosendo Lopez, Steve Knight, Marsha Landers, and Jim Zaruba all registered to speak regarding agenda item 3.d. Randy Dickey, Baytown Little Theater Board Member, stated that on behalf of the Board, he wanted to thank the Council for consideration of this grant application. He stated that their summer musical draws about 3,000 people to the event, in which are mostly from Baytown. He stated that it's the Board's hope that this additional funding would help them with advertising the event in order to bring in people from surrounding areas to Baytown and Texas Avenue. Rosendo Lopez, Vietnam Veterans of America, Chapter 922, stated that their organization has two (2) conventions per year all over the state and this year their local chapter has brought this event to Baytown. She stated that they're very excited about hosting an estimated 150 Vietnam Veterans from across the state for and thanked the Council for the requested $500 to help with the event costs. Mr. Lopez stated that he did not ask for a specific amount in his application and noted that the Baytown community has been very generous. He stated that they were happy and comfortable with the allotted $500 and should they host this event in the future, they will make sure to ask for more. Council Member Sain asked if the $3,000 that was not used by Lee College were available to allocate to another applicant. Mrs. Yowell stated that the $3,000 were available to the Council should they desire to allocate said monies to another applicant. Mayor DonCarlos asked for the total amount of monies allocated for these grants. Mrs. Yowell stated that the total amount allocated for these grant agreements is$125,000. Director of Strategic Initiatives, Nick Woolery stated that staff looks to provide as much as possible to each applicant based on the grant criteria. Additionally, he noted that staff allotted as much as they felt was possible given the details of the application. Steve Knight, FotoFest with the Art League of Baytown, stated that he wanted to thank the Council for its continued support of the arts in Baytown and particularly their support for the Art League who without the Council's support would not have a place to host such a prestigious event. He noted that this event happens every two (2) years and they have over 30 photographs in place to exhibit at the gallery from March 10 - April 22, 2018. He stated that this is a very prestigious event and brings people from all over the world. He further stated that the grant monies would be used to advertise the exhibition sites and events at the Art League during this time period. Marsha Landers, Christmas on Texas Avenue, stated that she wanted to thank the Council for their grant and support of this event. She noted that this is the 20th year for this holiday shopping event and festival in the historic area of Baytown. She further noted that something different this year that the Art League would be working with the A.C.E. merchants to promote the revitalization of Texas Avenue. She also noted that the second grant the Art League applied for deals with the regional art show, which is affiliated to the Lone Star Guild. City Council Regular Meeting Minutes October 12,2017 Page 16 of 24 Jim Zaruba, Project Blue, thanked the Council, staff and first responders for all the work they did recently with the hurricane. He stated that on behalf of Project Blue and the Jail Break Run, he wanted to thank the Council for grant monies and noted that the money is used to promote the event at a local, state, and national level, in order to bring as many runners into Baytown to stay at the hotels and eat at the local restaurants. Mr. Zaruba invited the Council to the event, which is always the last Saturday in February, which will be February 24, 2018. He further stated that this event is a fundraiser to help police officers that go down due to catastrophic illnesses outside the line of duty. Mayor DonCarlos allowed Dick Olin, Robert E. Lee Coach and representative for the Bayou Bowl to make comments. Coach Olin stated that they were excited to bring the Bayou Bowl back to Baytown and thanked the Council for their support. He noted that the new format allowed Houston area teams to compete with each other; east versus the west, and has been hosted by Kingwood, Sugar Land, Katy and it is now coming back to Baytown for 2018. Coach Olin stated that they requested$25,000 to help cover the cost of advertising the event and the City would get four (4) advertising spots. Additionally he stated that this event fundraises for scholarships for high school students and noted that they gave nineteen(19) scholarships last year. Mayor DonCarlos allowed Michael Dean, representative for the Highlands Sports Association to make comments. Mr. Dean stated that they are grateful to Council for their consideration of their application for $8,000 for their basketball youth tournament. He noted that the event would be held at Goose Creek Memorial (GCM) High School and benefits the GCM basketball booster club and their association. Mayor DonCarlos allowed Gary Nelson, representative for the Baytown Family YMCA to make remarks. Mr. Nelson thanked the Council for their continued support of the Baytown YMCA and invited the members to attend their Annual 29th Gator Ride on March 03, 2018. Mayor DonCarlos stated that the only change that has been requested is to add $5,000 to the Bayou Bowl grant in order to make the grant a total of $25,000. Council Member Presley requested to increase the amount of monies for Christmas on Texas Avenue event from $5,000 to $6,000. Mr. Woolery noted that the amount for the Texas Avenue event was reduced from last year because they did not use the full $6,000 and staff felt that the $5,000 would be an appropriate amount this year. However, should Council decide to increase the amount, the monies not used would be returned to the City after the accounting process is completed at the end of the event, which they have done in the past. A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Chris Presley approving Ordinance 13,594, regarding agenda item 3.d., as noted with the exception of the Bayou Bowl, which was increased by $5,000 for a total grant amount of $25,000 and the Christmas on Texas Avenue event was increased by$1,000 for a total grant amount of$6,000, as noted in Ordinance No. 13,499. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council City Council Regular Meeting Mmutes October 12,2017 Page 17 of 24 Member Terry Sain, Council Member David McCartney, and Mayor Pro Tern Chris Presley Nays: None Other: Approved ORDINANCE NO. 13,594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN 2017-18 TOURISM PARTNERSHIP GRANT PROGRAM ALLOCATIONS: AUTHORIZING THE EXPENDITURE OF SUCH ALLOCATIONS IN THE AMOUNT OF NINETY- FOUR THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($94,950.00) SUBJECT TO THE RECIPIENT'S EXECUTION OF A TOURISM PARTNERSHIP GRANT AGREEMENT; APPROVING A STANDARD FORM HOTEL OCCUPANCY TAX GRANT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance granting a variance to AIC Enterprise for the Live Outdoor Exhibition Ordinance regarding the distance requirement from residential areas for the Baytown Margarita & Food Truck Festival to be held on Saturday, October 28, 2017, from 2:00 p.m. to 10:00 p.m., at the Baytown Youth Fairgrounds, located at 7900 N. Main Street, Baytown,Texas 77521. Health Assistant Director, Tony Gray presented the agenda item and stated that Ordinance No. 13,595 grants AIC Enterprise a variance to the Live Outdoor Exhibition Ordinance regarding the distance requirement from residential areas for the Baytown Margarita & Food Truck Festival to be held on Saturday, October 28, 2017, from 2:00 P.M. to 10:00 P.M., at the Baytown Youth Fairgrounds ("BYF"), located at 7900 N. Main Street, Baytown, Texas 77521. He stated that this variance is to Section 42-286(e) of the Code of Ordinances which pertains to the distance requirements for live outdoor exhibitions. He stated that the live outdoor exhibition ordinance prohibits any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. He stated in this case, the actual location on the BYF property would be more than 500 feet from any residence. Mr. Gray noted that the location of the event if measured to the home is significantly larger than 500 feet; however, this distance has typically been measured from lot line to lot line,which is the reason for the variance request. Additionally, he noted that the distance issue in Section 42-286(e) is not an issue for this event. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Chris Presley approving Ordinance No. 13,595,regarding item 3.e. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council City Council Regular Meeting Minutes October 12,2017 Page 18 of 24 Member Terry Sain, Council Member David McCartney, and Mayor Pro Tern Chris Presley Nays: None Other: Approved ORDINANCE NO. 13,595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTIO42- 286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO THE DISTANCE REQUIREMENTS CONTAINED THEREIN FOR THE BAYTOWN MARGARITA&FOOD TRUCK FESTIVAL TO BE HELD ON OCTOBER 28, 2017, FROM 2:00 P.M. TO 10:00 P.M. AT THE BAYTOWN YOUTH FAIRGROUNDS; AND PROVIDING FOR THE • EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the City Manager to apply for and accept funding from the State of Texas for the FY 2017 Flood Mitigation Assistance Grant. Mayor DonCarlos noted that this agenda item was pulled from the agenda and no action was required. 5. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving consent agenda items 5.a. through 5.n. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tem Chris Presley Nays: None Other: Approved City Council Regular Meeting Minutes October 12,2017 Page 19 of 24 a. Consider an ordinance authorizing the purchase of three (3) 2018 Freightliner Trucks from Houston Freightliner, Inc., through Houston-Galveston Area Council ("H- GAC"),for the Public Works Department. ORDINANCE NO. 13,596 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIVE HUNDRED SIXTY- THREE THOUSAND EIGHT AND 60/100 DOLLARS ($563,008.60) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) 2018 FREIGHTLINER TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the purchase of one (1) Schwarze Street Sweeper Truck from Texan Waste Equipment Inc, d/b/a Heil of Texas, through Houston-Galveston Area Council ("H-GAC"), for the Public Works Department. ORDINANCE NO. 13,597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY- SEVEN THOUSAND AND NO/100 DOLLARS ($227,000.00) TO TEXAN WASTE EQUIPMENT INC., D/B/A HEEL OF TEXAS, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) SCHWARZE STREET SWEEPER TRUCK FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the purchase of one (1) set of Mohawk Column Lifts and 8 Floor Jacks from Mohawk Resources Ltd, through Houston-Galveston Area Council("H-GAC"),for the Public Works Department. ORDINANCE NO. 13,558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-EIGHT THOUSAND SEVEN AND 14/100 DOLLARS ($88.007.14) TO MOHAWK RESOURCES, LTD., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) SET MOHAWK COLUMN LIFTS AND EIGHT (8) FLOOR JACKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Mmutes October 12,2017 Page 20 of 24 d. Consider an ordinance authorizing the purchase of one (1) 2018 Model No. 7934 Pipehunter with tandem trailer from Texas Underground, Inc., through BuyBoard, for the Public Works Department. ORDINANCE NO. 13,599 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-EIGHT THOUSAND NINE HUNDRED SEVENTY-ONE AND N0/100 DOLLARS ($58,971.00) TO TEXAS UNDERGROUND, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF ONE (1) 2018 MODEL 7934 PIPEHUNTER WITH TANDEM TRAILER, MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of two (2) 2018 Kubota KX057 Excavators from Kubota Tractor Corporation, through BuyBoard, for the Public Works Department. ORDINANCE NO. 13,600 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY-SIX THOUSAND FIVE HUNDRED FIFTY-FOUR AND 40/100 DOLLARS ($156,554.40) TO KUBOTA TRACTOR CORPORATION, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF TWO (2) 2018 KUBOTA KX057 EXCAVATORS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of twelve (12) 2018 Ford Trucks from Silsbee Ford, through Houston-Galveston Area Council ("H-GAC"), for the Public Works Department. ORDINANCE NO. 13,601 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED NINETY- FOUR THOUSAND SIX HUNDRED FIFTEEN AND NO/100 DOLLARS ($394,615.00) TO SILSBEE FORD THROUGH THE HOUSTON- GALVESTON AREA COUNCIL, FOR THE PURCHASE OF TWELVE (12) 2018 FORD TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 12,2017 Page 21 of 24 g. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for funding for a 16' Toro Batwing Mower for Evergreen Park. ORDINANCE NO. 13,602 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 AGREEMENT FOR FUNDING OF A BATWING MOWER FOR EVERGREEN PARK WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance approving the purchase of a Toro Groundsmaster 5900 16 foot wide Bat Wing Mower through the Texas Local Government Purchasing Cooperative (Buyboard)with Professional Turf Products, LP. ORDINANCE NO. 13,603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-EIGHT THOUSAND FIVE HUNDRED TWENTY-ONE AND NO.100 DOLLARS ($88,521.00) TO PROFESSIONAL TURF PRODUCTS, LP, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF A TORO GROUNDSMASTER 5900 16 -FOOT -WIDE BAT WING MOWER FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving an expenditure through the Texas Local Government Purchasing Cooperative (Buyboard) with Progressive Commercial Aquatics, Inc.,to re-plaster both pools at Calypso Cove. ORDINANCE NO. 13,604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-FIVE THOUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($55,450.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE RE -PLASTERING OF BOTH POOLS AT CALYPSO COVE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage. City Council Regular Meeting Minutes October 12,2017 Page 22 of 24 ORDINANCE NO. 13,605 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2018; AUTHORIZING PAYMENT IN THE AMOUNT NOT TO EXCEED NINETY THOUSAND TWO HUNDRED SIXTY-NINE AND NO, 100 DOLLARS ($90,269.00) FOR THE EXCESS WORKERS - COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City's property and casualty insurance. ORDINANCE NO. 13,606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, AN AMOUNT NOT TO EXCEED EIGHT HUNDRED SEVENTY-NINE THOUSAND FIVE HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($879,555.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the renewal of an agreement with United Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims. ORDINANCE NO. 13,607 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN'S MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED TEN THOUSAND AND N0/100 DOLLARS ($410,000.00) FOR THE THIRD PARTY City Council Regular Meeting Mmutes October 12,2017 Page 23 of 24 ADMINISTRATOR SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the closeout, acceptance, and release of retainage to Gulf States Protective Coatings, Inc., for the Massey Tompkins Water Tower Rehabilitation Project. ORDINANCE NO. 13,608 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE MASSEY TOMPKINS WATER TOWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY THOUSAND THREE HUNDRED ONE AND 04./100 DOLLARS ($60,301.04) TO GULF STATES PROTECTIVE COATINGS, INC., FOR SAID PROJECT: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an Industrial District Agreement with Century Terminals, LLC. ORDINANCE NO. 13,609 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 CENTURY TERMINALS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Confirm the City Manager's appointment of the City of Baytown Fire Chief. Human Resources Director, Carol Flynt presented the agenda item and stated that this item allows the Council to confirm the City Manager's appointment of the Fire Chief for the City of Baytown. She stated that Kenneth Dobson has twenty-five (25) years of fire service and twelve (12) years of command experience. She noted that for eight (8) years he served as Fire Chief and Emergency Management Coordinator for the City of Fort Myers, Florida and is currently the Director of Safety and Security for the Lee County Florida School District. She stated that he has extensive experience in management, operations, training, and contract negotiations, numerous degrees and certifications, and has served on many tasks force and committees. Additionally, she stated that if confirmed, Mr. Dobson would begin his new position on October 30, 2017. A motion was made by Council Member Terry Sain and seconded by Council Member Charles Johnson approving the City Manager's appointment of Kenneth Dobson as the City of Baytown's Fire Chief. The vote was as follows: City Council Regular Meeting Minutes October 12,2017 Page 24 of 24 Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tem Chris Presley Nays: None Other: Approved 8. MANAGER'S REPORT There was no report. 9. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Laura Alvarado adjourning the October 12, 2017, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Terry Sain, Council Member David McCartney, and Mayor Pro Tern Chris Presley Nays: None Other: Approved With there being no further business to discuss, Mayor DonCarlos adjourned the October 12, 2017, City Council Regular Meeting at 10:32 P.M. :��4a ° x°°x°aa�a. , Al AOr .g': k.1 ,,et" N4'V Leticia Brysch, City Clerk—) °, -,77 City of Baytown t+'. ;�