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2017 10 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 26, 2017 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 26, 2017, at 6:32 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 26, 2017, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. RECOGNITIONS a. The City Council recognized local businesses and organizations that provided help and support to the City during Hurricane Harvey. Mayor DonCarlos presented the agenda item and stated that Hurricane Harvey was unlike anything the City had ever seen or experienced as thousands of people had to be rescued from their homes while faced with life and death situations. He stated that it's a testament to this community, its residents, churches, first responders and City staff that not one life was lost during this disastrous event nor was there any looting. Mayor DonCarlos stated that this item is a way of telling all that provided thank you for your help during this difficult time and Council appreciates their service; the recognitions were as follows: 1. First Baptist Church 2. 84 Lumber 3. Academy City Council Regular Meeting Mmutes October 26,2017 Page 2 of 12 4. Airgas On-site Safety Services 5. Baytown Rotary 6. Baytown United Seventh Day Adventists 7. Beef Products, Inc. 8. Brewings 9. BRP US Inc. 10. Buffalo Wild Wings 11. Cajun Navy 12. Cedar Bayou Baptist 13. Celebration of Life 14. Chevron Phillips 15. Chick Fil A 16. Church of Jesus Christ of Latter Day Saints 17. City of Bayonne,NJ 18. Covestro 19. Cty. Comm. Jack Morman 20. D.R.Horton 21. Dirty Bay Graphics 22. Eagle Heights Church 23. ExxonMobil 24. Faith Family Church 25. Fischer's Hardware 26. GCCISD 27. HEB 28. HIDTA/Victoria Sherriff Dept 29. Houston Food Bank 30. International Association of Fire Fighters (IAFF) 31. Jason's Deli 32. Krispy Kreme 33. Kroger(Garth) 34. Lee College 35. Memorial Baptist 36. Mercy Gate 37. Modern Dentistry 38. O'neals Pub 39. Panera Bread 40. Pipeline Grill 41. Rho Omicron Omega Alpha Kappa Alpha 42. Salata 43. Seabrook Cooking Teams 44. Second Baptist Church 45. Stripes(Wallisville Rd.) 46. Target 47. Templo Emanuel 48. Texas Roadhouse(many times) 49. The Chute City Council Regular Meeting Minutes October 26,2017 Page 3 of 12 50. The Pentecostals of Baytown 51. Tractor Supply 52. USAR from California 53. Wal-Mart 54. Wismer Distributing 2. YEARS OF SERVICE AWARDS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director, Carol Flynt presented the agenda item and recognized the City of Baytown employees for their years of service. 5 years: Mark Gexler Christina Butcher Daniel Ali 15 years: Terry Lindsey Jamie Eustace Todd Guidry 35 years: Chief Keith Dougherty 3. PROPOSED ORDINANCES a. Consider an ordinance awarding a contract to Crawley's Shoreline Construction, Inc., for the repair and improvements for four (4) of the City's water front parks: Bayland Park, Britton Park,Eddie V. Gray Wetlands Center and Roseland Park. Parks and Recreation Director, Scott Johnson presented the agenda item and stated that Ordinance No. 13,610 awards a contract to Crawley's Shoreline Construction, Inc., for the repair and improvements for four(4) of the City's water front parks: Bayland Park, Britton Park, Eddie V. Gray Wetlands Center and Roseland Park in the amount of$637,173.80. He stated that the scope of work for this project includes the complete renovation to all three (3) boat ramps located at Bayland Park, Roseland Park and the Wetlands Center and the heavily used five (5) fishing piers located at Bayland Park and Britton Park. Additionally, he stated that a new kayak launch would be added at Bayland Park and Roseland Park, which would be funded through the Baytown Municipal Development District (MDD). He stated that construction for this project is expected to take 240 calendar days to complete. He further state that the Roseland Park boat ramps would be addressed first as the ramps were heavily damaged during Hurricane Harvey and would remain closed during the construction period. Additionally, he stated that the construction work for the Bayland Park ramps would not begin until such time as the ramps at Roseland Park are back in service, thus insuring access to the bays. City Council Regular Meeting Minutes October 26,2017 Page 4 of 12 Mr. Scott Johnson stated in response to a question from Council Member Sain, that the City did not submit repairs for the Harvey related damage to the ramp at Roseland Park, because staff already had plans in place to completely rip out and rebuild those ramps, but noted that the damage to the Pavilion was submitted to FEMA for assistance in rebuilding it completely. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Chris Presley approving Ordinance No. 13,610, regarding agenda item 3.a. 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. 13,610 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CRAWLEY'S SHORELINE CONSTRUCTION, INC., FOR THE BOAT RAMP PROJECT FOR BAYLAND PARK, BRITTON PARK, EDDIE V. GRAY WETLANDS CENTER AND ROSELAND PARK; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH CRAWLEY'S SHORELINE CONSTRUCTION, INC., FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF SIX HUNDRED THIRTY-SEVEN THOUSAND ONE HUNDRED SEVENTY-THREE AND 80/100 DOLLARS ($637,173.80); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a construction contract with Huff & Mitchell, Inc.,for the Garth Road Lift Station Project. City Engineer, Jose Pastrana presented the agenda item and stated that the Ordinance No. 13,611 awarding a construction contract to Huff& Mitchell, Inc., in the amount of$3,869,265.70, which includes $200,000 owner's contingency for the Garth Road Lift Station Project is part of the Sanitary Sewer Overflow Initiatives Agreement that was signed by the City and the Texas Commission on Environmental Quality(TCEQ). He stated that this initiative agreement calls for the City to make certain improvements to the water systems that will reduce the number of sanitary overflows that have plagued us in the recent past. He stated that the scope of work City Council Regular Meeting Minutes October 26,2017 Page 5 of 12 includes demolition of the existing lift station dry pit structure, conversion of the existing lift station wet well into a sanitary manhole, construction of a 12-foot diameter concrete wet well with three 35HP submersible pumps, piping and valves, natural gas emergency generator, electrical work, and all other appurtenances. He further stated that the work also includes the abandonment of the existing 12-inch force main and installation of approximately 8,100 linear feet of 20-inch PVC force main. Additionally, he stated that five (5) bids were received and publicly opened in the Council Chambers on October 10, 2017, and Huff& Mitchell, Inc., were the lowest responsible bidder. A motion was made by Council Member Terry Sain and seconded by Council Member Charles Johnson approving Ordinance No. 13,611 regarding agenda 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 Other: Approved ORDINANCE NO. 13,611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HUFF & MITCHELL, INC., FOR THE GARTH ROAD LIFT STATION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH HUFF & MITCHELL, INC., FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF THREE MILLION EIGHT HUNDRED SIXTY-NINE THOUSAND TWO HUNDRED SIXTY-FIVE AND 70/100 DOLLARS ($3,869,265.70); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance terminating the Declaration of Local Disaster. Interim Fire Chief, Dana Dalbey presented the agenda item and stated that the City has reached the point where the Declaration of Local Disaster, which was issued by the Mayor on August 27, 2017, and extended by the City Council on August 31, 2017, can be closed out. He noted that the City has now transitioned to the recovery phase and is working on filing its paperwork with FEMA. Council Member Hoskins asked how closing out this declaration of disaster would impact a request for a tax re-evaluation for the homes that have been damaged by Harvey. Chief Dalbey City Council Regular Meeting Minutes October 26,2017 Page 6 of 12 stated that the closing out of this declaration would have no impact on anything moving forward. Mayor DonCarlos noted that a reevaluation might be too late as tax bills have probably already gone out. Finance Director, Wade Nickerson stated that the tax rolls have been adopted and the tax bills would be sent out in the next two (2) weeks. Mr. Nickerson further stated that at this time, he was not aware of Harris County conducting any type of reevaluation of their tax rolls and noted that he didn't have details on the reevaluation process for Harris or Chambers Counties,but would research the information and provide to Council as soon as possible. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Chris Presley approving Ordinance No. 13,612 regarding agenda 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. 13,612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TERMINATING THE DECLARATION OF LOCAL DISASTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30,2017. Mr. Nickerson presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2017, and stated that he was presenting the Council with the preliminary numbers for such quarter. He noted that the Finance Committee met on October 24, 2017, for a detailed review and analysis of these reports. Additionally, he stated that there were six(6)main points related to this report,which were as follows: • the sales tax receipts for the general fund were a little high than 4% from last year and came in 101%of budget; • the total revenues came in at 104% of budget; the City had an excess for collection of delinquent property taxes, sales tax revenues and IDA revenues; Aquatics was slightly below the budgeted amount due to the number of rain days; and were right at 96% for Hotel/Motel; City Council Regular Meeting Mmutes October 26,2017 Page 7 of 12 • the Water& Sewer fund was right at 100% and the Sanitary Fund was at 98%; • we came in under budget on our expenditures for the General, Aquatics and Hotel/Motel funds; • the expenditures for Water& Sewer Fund were right at 100% and the Sanitary Fund was at 93%; and • the investments were at a total of 1.0930% yield at the end of the year, which steadily climbed throughout the year. Council thanked Council Member David McCartney for his service and guidance on the Finance Committee. 5. CONSENT Council Member Hoskins requested that item 5.c. be pulled from the consent agenda and considered separately. A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member David McCartney approving consent agenda items 5.a., 5.b., and 5.d. through 5.g. 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 a. Consider an ordinance authorizing an Industrial District Agreement with Eco Services Operations Corp. ORDINANCE NO. 13,613 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 ECO SERVICES OPERATIONS CORP.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a development agreement with Abby Baytown Sr,LLC. City Council Regular Meeting Minutes October 26,2017 Page 8 of 12 ORDINANCE NO. 13,614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A DEVELOPMENT AGREEMENT WITH ABBY BAYTOWN SR, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Concrete Work Contract with Teamwork Construction Services, Inc. ORDINANCE NO. 13,615 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED TWO MILLION AND NO 100 DOLLARS ($2,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of fourteen (14) Chevrolet Tahoe Police Patrol Vehicles (PPV) from Reliable Chevrolet through the Tarrant County Cooperative Agreement. ORDINANCE NO. 13,616 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED SIXTY-WO THOUSAND THREE HUNDRED SEVEN AND 16/100 DOLLARS $462,307.16) TO RELIABLE CHEVROLET FOR THE PURCHASE OF OURTEEN (14) 2018 CHEVROLET TAHOES FOR THE POLICE EPARTMENT, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of eight (8) Dodge Chargers from Dodge City of McKinney through the BuyBoard. ORDINANCE NO. 13,617 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY- TWO THOUSAND FOUR HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($182,474.00) TO DODGE CITY OF MCKINNEY, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF EIGHT (8) DODGE CHARGERS FOR City Council Regular Meeting Minutes October 26,2017 Page 9 of 12 THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance approving an expenditure through the Texas Local Government Purchasing Cooperative (Buyboard) with Progressive Commercial Aquatics, Inc., for slide refmishing at Pirates Bay Water Park. ORDINANCE NO. 13,618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-SIX THOUSAND NINE HUNDRED FORTY-NINE AND N0/100 DOLLARS ($86,949.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) FOR THE CLEANING, WASHING AND POLISHING (WAXING) OF THE SLIDES AT PIRATES BAY WATER PARK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos stated that the Council would now entertain item 5.c. c. Consider an ordinance amending Chapter 22 "Civil Emergencies," Article III "Pre- Disaster Management," Division 1 "Residential Board and Care Occupancy" of the Code of Ordinances, Baytown, Texas, to update the administrator of the division and to remove references to the Life Safety Code. Council Member Hoskins made a motion to suspend this item to allow time to review all of the related information and the impacts of the removal of the Life and Safety Code from this Chapter. Chief Dalbey stated that the City uses the International Building and Fire Codes and not the Life Safety Code. He stated that the only reference that's used from the Life Safety Code in this Chapter is for existing and new structure nursing homes. He stated that many of the existing nursing homes could not bring their structures up to Code and example being changing all the doors from 32 inches to 36 inches, which can be very costly. He stated that staff reviewed the Code and felt that the Life Safety Code was not necessary as the International Building and Fire Codes that are already in place are sufficient to protect the health, safety and welfare of the community without placing an excessive financial burden on these nursing homes. After further review, Council Member Hoskins withdrew his motion to suspend the item and made a motion to approve the item as submitted. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Terry Sain approving Ordinance No. 13,619 regarding agenda item 5.c. The vote was as follows: City Council Regular Meeting Minutes October 26,2017 Page 10 of 12 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. 13,619 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE - DISASTER MANAGEMENT," DIVISION 1 "RESIDENTIAL BOARD AND CARE OCCUPANCY," SECTION 22-101 "DEFINITIONS" AND SECTION 22-101.5 "STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN,TEXAS;TO REVISE THE DEFINITIONS OF "COORDINATOR" AND "EXISTING RESIDENTIAL BOARD AND CARE FACILITY" AND TO UPDATE THE STANDARDS BY WHICH RESIDENTIAL CARE AND BOARD FACILITIES MUST ABIDE; REPEALING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE - DISASTER MANAGEMENT," DIVISION 1 "RESIDENTIAL BOARD AND CARE OCCUPANCY," SECTION 22-101 "DEFINITIONS" AND SECTION 22-101.3 "LIFE SAFETY CODE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REPEAL THE DEFINITION OF "LIFE SAFETY CODE." AND TO REMOVE REFERENCES TO SUCH CODE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. MANAGER'S REPORT a. The Annual Veterans Day Service will be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Saturday, November 11, 2017, at 11:00 A.M. Mr. Scott Johnson presented the agenda item and stated that this year's Annual Veterans Day Service would be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Saturday, November 11, 2017, at 11:00 A.M. Additionally, he stated that in the event of bad weather, the Service would be moved to the Community Center, 2407 Market Street, same time and date. City Council Regular Meeting Minutes October 26,2017 Page 11 of 12 b. The Environmental Protectors Initiating Change (EPIC) Spooktacular will he held at the Eddie V. Gray Wetlands Education Center on Saturday, October 28, from 6:00 P.M. to 9:00 P.M. Mr. Scott Johnson presented the agenda item and stated this year's EPIC Spooktacular would be held at the Eddie V. Gray Wetlands Education:Center on Saturday, October 28, from 6:00 P.M. to 9:00 P.M. He stated that admission is $5 per person and would benefit the EPIC's end of year education/research trip. Additionally, he stated that the activities would include face painting, a mad scientist lab, crafts and games, photo booths, indoor trick or treating and live tarantulas, snakes, and more. City Manager Davis stated that he attended the ICMA Conference in San Antonio and was invited to participate in a panel discussion with city managers from Rockport, Alvin, and Victoria regarding Hurricane Harvey and was then broadcasted by ICMA TV. He further congratulated Officer Kevin Dunlap for attaining his peace officer certificate effective October 11, 2017. City Clerk, Leticia Brysch stated that the early voting location for the November 07, 2017, General Election differ by county and noted that they are as follows: Harris County will have a branch early voting location within the City limits of Baytown at the Baytown Community Center, 2407 Market Street, Baytown, Texas 77520. Monday, October 23 —Friday, October 2, from 8:00 A.M. -4:30 P.M. Saturday, October 28, from 7:00 A.M. - 7:00 P.M. Sunday, October 29, from 1:00 P.M. -6:00 P.M. Monday, October 30— Friday,November 3, from 7:00 A.M. - 7:00 P.M. Chambers County will have a branch early voting location within the City limits of Baytown at the Chambers County Community Building—Cedar Bayou Annex, 7711 Highway 146, Baytown, Texas, 77523. The early voting office hours are as follows: Monday, October 30—Thursday, from November 2, 7:00 A.M. - 7:00 P.M. Friday,November 3, from 7:00 A.M. - 5:00 P.M. Mayor DonCarlos stated that there were very important constitutional amendments on the ballot for this election and encouraged everyone who could to get out and vote. 7. ADJOURN A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney adjourning the October 26, 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 City Council Regular Meeting Minutes October 26,2017 Page 12 of 12 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 26, 2017, City Council Regular Meeting at 8:10 P.M. + 'u` `"c) ��J aR laircl (ft f Leticia Brysch, City Cler' f?P& °a' City of Baytown /