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2018 07 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 12, 2018 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 12, 2018, at 6:33 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Robert Hoskins Charles Johnson David Himsel Chris Presley Heather Betancourth Stephen H. DonCarlos Rick Davis Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the July 12, 2018, City Council Regular Meeting with a quorum present at 6:33 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on June 14, 2018. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Laura Alvarado approving the June 14, 2018, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes July 12, 2018 Page 2 of 14 2. AMENDMENT TO THE BAYTOWN 2025 COMPREHENSIVE PLAN'S FUTURE LAND USE a. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) from Low -Medium Density Residential to Commercial Corridor along Massey Tompkins Road from North Main Street to Crosby Cedar Bayou Road. At 6:35 P.M., Mayor DonCarlos opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) from Low -Medium Density Residential to Commercial Corridor along Massey Tompkins Road from North Main Street to Crosby Cedar Bayou Road. Director of Planning and Community Development, Tiffany Foster summarized the public hearing and stated that the Comprehensive Plan from 2025 includes the Future Land Use Plan (FLUP). She stated that in the year 2013, the Council adopted a new zoning code, as well as, a FLUP, in which at that time the Massey Tompkins Corridor in total was designated as a low to medium density area, which means that should drive that type of development that would go along that corridor in the future. Mrs. Foster stated that there were many properties along the corridor that were not consistent with the FLUP. She noted that there's been interest for new and redevelopment along Massey Tompkins. She stated staff s recommendation is to change the future land use designation for a portion of Massey Tompkins being just east of North Main to Crosby Cedar Bayou to a commercial corridor. She stated that the remaining portion on the east of Crosby Cedar Bayou would remain as a low to medium density corridor. Mrs. Foster noted that the in reviewing the area, staff found that the zoning of the portion to Crosby Cedar Bayou was already zoned general commercial (GC) and many of the uses were consistent with such zoning, but in going east of Crosby Cedar Bayou most of that area was residential. She further noted that in the low medium residential designation in the FLUP, some small scale commercial is allowed, but the GC designation is too intense in a low medium designation. With there being no one registered to speak regarding agenda item 2.a., Mayor DonCarlos closed the public hearing at 6:39 P.M. b. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) from Low -Medium Density Residential to Commercial Corridor for the area located along the Massey Tompkins Road corridor from its intersection with North Main Street to Crosby Cedar Bayou Road. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 13,804, regarding agenda item 2.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,804 City Council Regular Meeting Minutes July 12, 2018 Page 3 of 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO CHANGE THE THOROUGHFARE PLAN ALONG THE MASSEY TOMPKINS ROAD CORRIDOR FROM ITS INTERSECTION WITH NORTH MAIN STREET TO CROSBY CEDAR BAYOU ROAD FROM LOW - MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL CORRIDOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. REZONING OF APPROXIMATELY ONE ACRE TRACT OF LAND AT 3318 MASSEY TOMPKINS ROAD a. Conduct a public hearing regarding a request to amend the official zoning map to rezone approximately 1.0 acre of land located at 3318 Massey Tompkins Road, about 2,300 feet west of State Highway 146 and 900 feet east of Raccoon Road on the south side of Massey Tompkins Road, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. At 6:41 P.M., Mayor DonCarlos opened and conducted the public hearing regarding a request to amend the official zoning map to rezone approximately 1.0 acre of land located at 3318 Massey Tompkins Road, about 2,300 feet west of State Highway 146 and 900 feet east of Raccoon Road on the south side of Massey Tompkins Road, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. Mrs. Foster summarized agenda item 3.a. and stated that the applicant purchased the subject property with the goal of relocating her existing furniture store at 2209 W. Main Street to the proposed new location, which is zoned for single-family residential land uses. She stated that this meets the intent of the FLUP and the applicant's desire is to rezone the property from single family to neighborhood serving commercial (NSC). Norma Torres registered to speak at the public hearing, regarding agenda item 3.a. Council member Presley inquired if the building was the renovation of existing or new construction. Ms. Torres stated that the building would be new construction. Mayor DonCarlos inquired of the square footage of the building. Ms. Torres stated that the existing building is approximately 2,200 sq. ft., but the new facility would be bigger. She further noted that she was not certain of the footage, because she wasn't sure if she would be able to move forward with the building. City Council Regular Meeting Minutes July 12, 2018 Page 4 of 14 Council Member Alvarado asked Ms. Torres of her intent for the existing building once she moves. Ms. Torres stated that she plans to keep the existing building with the possibility of remaining to sale furniture from it or turning it into a salon. b. Consider an ordinance amending the official zoning map to rezone approximately 1.0 acre of land located at 3318 Massey Tompkins Road, about 2,300 feet west of State Highway 146 and 900 feet east of Raccoon Road on the south side of Massey Tompkins Road, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. Council Member Himsel noted that when this item was discussed at the planning and zoning meeting there was no opposition from the residents that were in attendance. Additionally, Council Member Alvarado noted that Ms. Torres was a good neighbor in the area and there were no complaints. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 13,805, 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 David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 1.0 ACRE OF LAND, LOCATED AT 3318 MASSEY TOMPKINS ROAD, ABOUT 2,300 FEET WEST OF STATE HIGHWAY 146 AND 900 FEET EAST OF RACCOON ROAD ON THE SOUTH SIDE OF MASSEY TOMPKINS ROAD, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING DISTRICT TO A NEIGHBORHOOD SERVING COMMERCIAL (NSC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. CITY OF BAYTOWN GENERAL AND SPECIAL ELECTIONS City Council Regular Meeting Minutes July 12, 2018 Page 5 of 14 a. Consider an ordinance ordering the City of Baytown General Election to be held on November 06, 2018, for the purpose of electing a Mayor. A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving Ordinance No. 13,806, regarding agenda item 4.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF NOVEMBER, 2018, FOR THE PURPOSE OF ELECTING A MAYOR OF THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance ordering a City of Baytown Special Election to be held on November 06, 2018, for the purpose of voting for or against a proposition calling for the continuation of the street maintenance sales tax for another four (4) years. Mayor DonCarlos noted that all of the money from the street maintenance sales tax is spent on fixing streets and requested the support of the citizens for the renewal of such proposition. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Heather Betancourth approving Ordinance No. 13,807, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,807 City Council Regular Meeting Minutes July 12, 2018 Page 6 of 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 6`h DAY OF NOVEMBER, 2018, FOR THE PURPOSE OF REAUTHORIZING THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance amending Chapter 2 "Administration," Article VIII "Code of Ethics," Division 2 "Standards," Section 2-803 "Standards of Conduct" of the Code of Ordinances of the City of Baytown, Texas, to establish a procedure to address potential violations of Section 13 of the Charter. City Attorney, Ignacio Ramirez presented the agenda item and stated that the Charter Review Committee (the "Committee") recommended adding a procedure to address potential violations of Section 13 regarding qualifications of Council Members to the Charter. He stated that, in lieu of amending the Charter for this purpose, the Committee suggested amending the Ethics Ordinance, which already has an established procedure to address violations of the standards of conduct. Council Member Presley inquired for clarity if the process was that Council would follow the determination of the Ethics Committee and then Council would take action. Mr. Ramirez stated that Council Member Presley's inquiry for clarity was correct. Council Member Alvarado inquired if Council had to go along with the recommendation from the Ethics Committee. Mr. Ramirez stated that Council did not have to go along with the Ethics Committee recommendation. Council Member Betancourth inquired that if the process was in the Charter instead of the Code would it cut out the Ethics Committee and go directly to Council. Mr. Ramirez stated that currently in the Charter, Council could take action to investigate such complaints, but the feeling of the Charter Committee was that Council never did although there was a violation of the charter. He further noted that he explained to the Charter Review Committee that this process is not a guarantee, as these types of cases are hard to stick in court. Additionally, he noted that this is a process for another body to review and submit a recommendation. City Council Regular Meeting Minutes July 12, 2018 Page 7 of 14 A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving Ordinance No. 13,808, regarding agenda item 4.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,808 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE VIII "CODE OF ETHICS," DIVISION 2 "STANDARDS," SECTION 2-803 "STANDARDS OF CONDUCT" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ADD A STANDARD CONSISTENT WITH THE CHARTER REGARDING QUALIFICATIONS FOR OFFICE; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance ordering a City of Baytown Special Election to be held on November 06, 2018, for the purpose of voting for or against amendments to the Charter of the City of Baytown. Mr. Ramirez presented the agenda item and stated that the existing language is states that the City could annex with or without consent, but has been removed with the language added to say, "to comply with existing law". City Clerk, Leticia Brysch noted for clarification that since the Council approved the complaint process through the code, the proposition that speaks to such item need to be eliminated. In response to Mrs. Brysch noted clarification, Mr. Ramirez stated that in the previous action item, whereas, Council adopted such procedure, no longer needs to be in the Charter ballot language and would be removed; and therefore, an Ordinance B would remove such. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Laura Alvarado approving Ordinance No. 13,809, regarding agenda item 4.d., amending to remove the complaint process from Proposition K. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro City Council Regular Meeting Minutes July 12, 2018 Page 8 of 14 Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Laura Alvarado approving Ordinance No. 13,809, regarding agenda item 4.d. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,809 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 6TH DAY OF NOVEMBER, 2018, FOR THE PURPOSES OF AMENDING ARTICLE I "INCORPORATION; FORM OF GOVERNMENT; CORPORATE AND GENERAL POWERS," SECTION 5 'EMINENT DOMAIN," SECTION 6 "STREET POWERS," SECTION 7 "STREET IMPROVEMENTS," AND SECTION 9, EXTENDING LIMITS BY ACTION OF THE CITY COUNCIL" ARTICLE 11 "THE COUNCIL," SECTION 12 "NUMBER, SELECTION, TERM," SECTION 13 "QUALIFICATIONS," SECTION 21 "RIGHT OF THE CITY MANAGER AND OTHER OFFICERS IN COUNCIL," SECTION 22 "ADMINISTRATIVE DEPARTMENTS," SECTION 23 "CITY CLERK, AND SECTION 27 "RULES OF PROCEDURE; JOURNAL"; ARTICLE IV "DEPARTMENT OF LAW," SECTION 39 "CITY ATTORNEY; POWERS AND DUTIES"; ARTICLE V "THE BUDGET" SECTION 41 "PREPARATION AND SUBMISSION OF BUDGET"; ARTICLE VII "FINANCE ADMINISTRATION," SECTION 67 "DIRECTOR OF FINANCE; POWERS AND DUTIES"; ARTICLE IX "NOMINATIONS AND ELECTIONS," SECTION 96 "CANVASSING ELECTIONS"; ARTICLE XI "FRANCHISES AND PUBLIC UTILITIES," SECTION 117 "FRANCHISES; POWER OF COUNCIL," SECTION 123 "FRANCHISE RECORDS," SECTION 124 "ACCOUNTS OF MUNICIPALLY OWNED UTILITIES," SECTION 125 "REGULATION OF RATES AND SERVICE" AND ARTICLE XII "GENERAL PROVISIONS," SECTION 128 "OATH OF OFFICE," SECTION 133 "HOUSING AUTHORITY," SECTION 134 "PROVISIONS RELATING TO City Council Regular Meeting Minutes July 12, 2018 Page 9 of 14 ASSIGNMENT, EXECUTION AND GARNISHMENT," SECTION 138 "AMENDING THE CHARTER," SUBSECTION (E) "CHARTER REVIEW COMMITTEE," AND SECTION 140 "CONSTRUCTION OF CHARTER" OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS; REPEALING ARTICLE XII "GENERAL PROVISIONS," SECTION 130 "HOSPITAL; OPERATION" AND SECTION 131 HOSPITAL; FINANCES"; ARTICLE XII "GENERAL PROVISIONS," SECTION 133 "HOUSING AUTHORITY"; AND ARTICLE XII "GENERAL PROVISIONS," SECTION 136 "EFFECT OF THIS CHARTER ON EXISTING LAW" AND SECTION 137 "INTERIM MUNICIPAL GOVERNMENT" OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance on second reading extending and granting a natural gas franchise with CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Texas Gas Operations. The second reading was read via electronic recording. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Laura Alvarado approving the second reading of Ordinance No. 13,795, regarding agenda item 5.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,795 AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL, EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF BAYTOWN, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE City Council Regular Meeting Minutes July 12, 2018 Page 10 of 14 AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. 6. DISCUSSIONS a. Receive the Fiscal Year 2018-19 Budget of the Baytown Crime Control and Prevention District. Finance Director, Wade Nickerson presented the agenda item and stated that the Board of Directors ("Board") of the Baytown Crime Control and Prevention District ("CCPD") met on July 10, 2018, and approved its Fiscal Year 2018-19 budget. Additionally, he stated that the public hearing for this item was scheduled for August 9th and consideration for the budget's approval was scheduled for August 23rd. This agenda item was for the Council's receipt. 7. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving consent agenda items 7.a. through 7.g. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved a. Consider an ordinance authorizing the City Manager to negotiate and execute a Joint Election Agreement with Harris County, Texas, for the Municipal and Special Elections to be held on November 06, 2018. ORDINANCE NO. 13,810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY FOR THE MUNICIPAL AND SPECIAL ELECTIONS TO BE HELD ON THE 6TH DAY OF NOVEMBER, 2018, UNDER TERMS AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 12, 2018 Page 11 of 14 b. Consider an ordinance authorizing the City Manager to negotiate and execute a Joint Election Agreement with Chambers County, Texas, for the Municipal and Special Elections to be held on November 06, 2018. ORDINANCE NO. 13,811 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A JOINT ELECTION AGREEMENT WITH CHAMBERS COUNTY FOR THE MUNICIPAL AND SPECIAL ELECTIONS TO BE HELD ON THE 6TH DAY OF NOVEMBER, 2018, UNDER TERMS AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance awarding a construction contract to Texas Pride Utilities, LLC, for the Lakewood Pipebursting Project. ORDINANCE NO. 13,812 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEXAS PRIDE UTILITIES, LLC, FOR THE LAKEWOOD PIPEBURSTING PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TEXAS PRIDE UTILITIES, LLC, FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF TWO HUNDRED THIRTY THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($230,650.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing payment to Axon Enterprise Inc., f/k/a Taser International, Inc., for the second -year of a three-year plan for the Police Department's Body -Worn Camera Replacement Program. ORDINANCE NO. 13,813 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FOURTEEN THOUSAND FOUR HUNDRED NINE AND 40/100 DOLLARS ($114,409.40) TO AXON ENTERPRISE INC. F/K/A TASER INTERNATIONAL, INC., FOR THE PURCHASE OF ONE HUNDRED TEN (I 10) BODY -WORN CAMERAS WITH RELATED EQUIPMENT AND AN ALL-INCLUSIVE UNLIMITED DATA STORAGE PLAN FOR THE POLICE DEPARTMENT, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY City Council Regular Meeting Minutes July 12, 2018 Page 12 of 14 BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving the sole source purchase of one (1) 304SS Duplex Nema4X 480V/3 Phase Control Panel with related appurtenances from Hahn Equipment Co., Inc., for the East District Wastewater Treatment Plant Lift Station. ORDINANCE NO. 13,814 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY-EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($68,500.00) TO HAHN EQUIPMENT COMPANY, INC., FOR THE SOLE -SOURCE PURCHASE OF ONE (1) 304SS DUPLEX PHASE CONTROL PANEL WITH RELATED APPURTENANCES FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT LIFT STATION; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider a resolution authorizing the City of Baytown to submit an application to participate in the Texas Department of Housing and Community Affairs (TDHCA) HOME Single Family Program's Reservation System. RESOLUTION NO. 2528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS TO PARTICIPATE IN THE HOME SINGLE FAMILY PROGRAM RESERVATION SYSTEM FOR THE PURPOSE OF THE REHABILITATION AND RECONSTRUCTION OF SINGLE-FAMILY RESIDENCES FOR LOW TO MODERATE INCOME CITIZENS; DESIGNATING AN AUTHORIZED REPRESENTATIVE FOR PURPOSES OF REPRESENTING THE CITY FOR ALL PURPOSES ASSOCIATED WITH THE APPLICATION; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM AND TO EXECUTE ANY RESULTING RESERVATION SYSTEM PARTICIPATION AGREEMENT; AUTHORIZING AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) IN MATCHING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution authorizing the City Manager to make application to the United States Department of Housing and Urban Development (HUD) for the 2018-2019 Community Development Block Grant (CDBG) funds and designating an authorized representative to accept and affirm any grant awarded as a result of the application. City Council Regular Meeting Minutes July 12, 2018 Page 13 of 14 RESOLUTION NO. 2529 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MANAGER'S REPORT a. The City of Baytown's 6th Annual Better Homes Expo is scheduled for Saturday, July 21, 2018, from 10:00 A.M. to 2:00 P.M. in the Baytown Community Center, 2407 Market Street, Baytown, Texas. CDBG Program Manager, June Tyler presented the agenda item and stated that the City of Baytown's 6th Annual Better Homes Expo was scheduled for Saturday, July 21, 2018, from 10:00 A.M. to 2:00 P.M. in the Baytown Community. She stated that the focus was on Hurricane Harvey recovery, so there would be a number of non-profit agencies, businesses and home improvement companies in attendance, along with opportunities to receive free legal advice, get a copy of your credit report, and other important information. Additionally, she noted that the event is family friendly with door prizes, free food and activities for kids. City Manager Davis acknowledged Frank Simoneaux, Mark LeBlanc, Sam Barker, Deanie King, Chuck Jennings, and Jen Hughes for receiving their Black Belt designation from the PIPE Academy. He recognized Officers Elsa Tobias, Barry Calvert, and Nathaniel Brown for demonstrating the city's core value of caring while on and off duty. He further acknowledged Officer Macla Aguilera and K-9 Charlie for having their photos submitted into a K-9 magazine contest and calendar, as well as, Kevin Harvill for being selected to receive the 2018 Citation for exemplary service from the American Public Works Association Texas Chapter. He also recognized Officers Angel Puga and James Currie for assisting citizens with motor vehicle issues. Additionally, City Manager Davis noted that the Trash Off event was scheduled for Saturday, July 14th, from 8:00 A.M. to 12:00 P.M. Lastly, Council Johnson announced that a basketball tournament was scheduled for July 14-15 at Lee College. 9. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the City Manager. At 7:18 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to City Council Regular Meeting Minutes July 12, 2018 Page 14 of 14 Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the City Manager. At 9:32 P.M., Mayor DonCarlos reconvened the Open Meeting of the Regular City Council Meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. b. Discuss and take appropriate action regarding the City Manager's annual performance evaluation. Mayor DonCarlos stated that Council was pleased with City Manager Davis's performance and agreed to authorize a pay increase, bonus, and benefits for him. Additionally, he stated that City Attorney was instructed to amend the City Manager's contract and submit provide for approval at the next council meeting; therefore, no action was required for this agenda item. 10. ADJOURN A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member David Himsel adjourning the July 12, 2018, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro Tem Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the July 12, 2018, City Council Regular Meeting at 9:34 P.M. 4�..' tlo-a .. u,J.�Oya • Leticia Brysch, City Cler r� p City of Baytown ay V�•Og�'� y �o�