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2018 08 09 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 09, 2018 The City Council of the City of Baytown, Texas, met in a Regular Meeting on August 09, 2018, at 6:30 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 Himsel Council Member Chris Presley Council Member Heather Betancourth Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Alisha Segovia Deputy City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the August 09, 2018, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Betancourth. 1. MINUTES a. Consider the approval of the minutes of the City Council Work Session and Regular Meeting held on July 12,2018. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Robert C. Hoskins approving the July 12, 2018, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes August 09,2018 Page 2 of 21 2. SPECIAL DISTRICT BUDGETS FISCAL YEAR 2018-19 a. Conduct a public hearing on the Baytown Crime Control and Prevention District Fiscal Year 2018-19 Proposed Budget. At 6:34P.M., Mayor DonCarlos opened and conducted a public hearing regarding the Baytown Crime Control and Prevention District("CCPD") Fiscal Year 2018-19 Proposed Budget. Finance Director, Wade Nickerson presented a summary of the agenda item and stated that the CCPD Board adopted the budget on July 10, 2018, and submitted it to City Council on July 12, 2018. He further stated that the budget included revenues of$1,871,338 and expenditures of $2,427,558 leaving a fund balance of zero at the end of next year. With there being no one registered to speak regarding agenda item 2.a., Mayor DonCarlos closed the public hearing at 6:35 P.M. b. Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2018-19 Proposed Budget. At 6:36 P.M., Mayor DonCarlos opened and conducted a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD") Fiscal Year 2018- 19 Proposed Budget. Mr. Nickerson presented a summary of the agenda item and stated that the FCPEMSD Board adopted the budget on July 17, 2018, and submitted it to City Council on July 26, 2018. He further stated that the budget included revenues of$1,872,762 and expenditures of$2,270,915 leaving a zero fund balance at the end of next year. With there being no one registered to speak regarding agenda item 2.b. Mayor DonCarlos closed the public hearing at 6:36 P.M. Mayor DonCarlos noted that agenda item 3.a. was scheduled to begin at 6:45 P.M., so the agenda was taken out of order and agenda items 3.a. and 3.b. were tabled until such time during the meeting. He further noted that agenda items 4.a. and 4.b. would be the subject of some discussion during the executive session and needed to be tabled as well; therefore, agenda items 5.a. through 5.d. were considered. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Heather Betancourth approving to table agenda items 3.a. and 3.b., until later in the meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley City Council Regular Meeting Minutes August 09,2018 Page 3 of 21 Nays: None Approved A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Heather Betancourth approving to table agenda items 4.a. and 4.b. until after the executive session of the meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing the issuance of the City of Baytown, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2018. Mr. Nickerson presented the agenda item and stated that Ordinance No.13,822, authorizes the issuance of the City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 2018. He further introduced the financial advisor from Hilltop Securities, David Medanich to present the details of the bid. Mr. Medanich stated that there were seven (7) bids and noted that First National Bank had the lowest bid of 2.94%, but the bonds were non-callable. Additionally, he stated that the second bid from Amegy Bank was right at 3% and noted that the bonds could be called at any time and there were no bank cancel or paying agent fees. Mr. Nickerson explained that the Amegy Bank bid was a better bid for the City based on its availability to be flexible with regards to unforeseen situations, in which the City would be able to either refund or pay off the debt at any time, whereas, the lowest percentage bid did not provide the ability for such. Council Member Johnson inquired of the difference between callable, non-callable, and anytime bonds. In response to Council Member Johnson's inquiry, Mr. Nickerson explained that the non- callable is a ten year issue, in which the City pays the bond when due over a ten year span and it could not be prepaid. He further stated that the anytime feature was chosen to account for any unforeseen circumstances, whereas the City is then able to prepay and eliminate the debt. Additionally,he noted that the rate is a fixed rate. Council Member Hoskins inquired if the bond is called early would the full interest have to be paid or is the interest paid on the unpaid balance. In response to Council Member Hoskins City Council Regular Meeting Minutes August 09,2018 Page 4 of 21 inquiry, Mr. Medanich stated that the City would pay off the principle and accrue the interest from the last interest payment. A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13 822 regarding agenda item 5.a. The vote was as pp g g g g follows: • Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,822 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2018; LEVYING A TAX IN PAYMENT THEREOF, ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Street Light Agreement Letter with CenterPoint Energy for the replacement, installation and maintenance of street lighting along Emmett Hutto Boulevard and the Hutto Parkway Trail. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that Ordinance No.13,823 authorizes a Street Light Agreement Letter with CenterPoint Energy (CenterPoint) for the replacement, installation and maintenance of street lighting along Emmett Hutto Boulevard and the Hutto Parkway Trail in the amount of $81,254.00. He stated that residents requested lighting the Hutto Parkway Loop Trail to extend the use of the heavily used trail into the evening. He further stated that CenterPoint agrees to remove the existing sixteen (16) 100 watt streetlights and replace them with a total of 36 decorative poles that will light both the trail and street. A motion was made by Council Member Heather Betancourth and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,823, regarding agenda item 5.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley City Council Regular Meeting Minutes August 09,2018 Page 5 of 21 Nays: None Approved ORDINANCE NO. 13,823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, FOR THE REPLACEMENT, INSTALLATION AND MAINTENANCE OF STREET LIGHTING ALONG EMMETT HUTTO BOULEVARD AND THE HUTTO PARKWAY TRAIL IN THE AMOUNT OF EIGHTY-ONE THOUSAND TWO HUNDRED FIFTY-FOUR AND NO/100 DOLLARS ($81,254.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a proposed ordinance authorizing the First Amendment to the Economic Development Agreement with San Jacinto Retail Associates, LLC, for the development of the San Jacinto Mall Town Center. Deputy City Manager Bottoms presented the agenda item and stated that in the year 2015, the City entered into an economic development agreement with the Developer, wherein the City would fund up to $7.25 million as an incentive that included the funds being used for locating HEB to the mall. He noted that the developer was going to extend Independence Boulevard from Garth Road over to San Jacinto, but that was removed. He further noted that there were other changes since then with one being that Sears is now willing to sale its property to Fidelis,but under the current agreement the incentive funds could not be used to purchase such property. He stated that there's a balance of approximately $4 million of the incentive funds left available and this amendment would allow for those funds to be used to purchase the Sears property. Deputy City Manager Bottoms stated that this delays getting signatures from the anchors from the original date of December 2018 to March 2019. Additionally, he noted that Council agreed to provide property and sales tax rebates, so this amendment will defer such rebates until the property is developed. Council Member Betancourth inquired if the construction was still to commence on December 31, 2018. In response to Council Member Betancourth's inquiry, Deputy City Manager Bottoms stated that the construction start date will depend on when all of the agreements can be executed by the anchors. Council Member Presley inquired as to what portion of the remaining incentive funds would've been applied to extending Independence Boulevard. In response to Council Member Presley's inquiry, Deputy City Manager Bottoms stated that the agreement for the incentive funds was setup to where any remaining incentive funds were to be used on for incentives such as, anchor incentives, demolition, and ongoing maintenance. He further noted that the extension of Independence Boulevard was to be done with separate funding. City Council Regular Meeting Minutes August 09,2018 Page 6 of 21 A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,824, regarding agenda item 5.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,824 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 THE FIRST AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH SAN JACINTO RETAIL ASSOCIATES, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a services agreement with Media Rushworks, LLC to update the audio and presentation systems in Council Chambers and BTV16 production system. Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that Ordinance No.13,825 authorizes a Services agreement with Media Rushworks, LLC, in the amount of$108,583.24 to upgrade the audio and presentation systems in the Council Chambers and production system for BTV16. He stated that the funding for this project comes from the City's PEG Fund, which is funded through a fee paid on cable TV bills that can only be used for capital improvements to the City's cable TV station. He stated that the system was originally installed in July of 2013, with some of the equipment being recycled from the previous audio/presentation system. He further noted that a typical replacement/upgrade cycle for this type of system is 4-5 years; thus, the City is on schedule with improvements. Mr. Woolery stated that the City would be working with Comcast on improving the transmission from the City's fee to Comcast system to improve the quality of the audio. Additionally, he noted that currently watching the video on the website has a better visual quality than watching on Channel 16. A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving Ordinance No.13,825, regarding agenda item 5.d. The vote was as follows: City Council Regular Meeting Minutes August 09,2018 Page 7 of 21 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley None: Nays Approved ORDINANCE NO. 13,825 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE AUDIO AND PRESENTATION SYSTEMS UPGRADE AGREEMENT WITH MEDIA RUSHWORKS, L.L.C., D/B/A RUSHWORKS TO UPGRADE THE AUDIO AND PRESENTATION SYSTEMS IN COUNCIL CHAMBERS AND UPGRADE THE PRODUCTION SYSTEM FOR BTV 16; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED EIGHT THOUSAND FIVE HUNDRED EIGHTY-THREE AND 24/100 DOLLARS ($108,583.24);MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos presented agenda items 3.a. and 3.b. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Charles Johnson approving to resume agenda items 3.a. and 3.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved 3. MUNICIPAL BUDGET FISCAL YEAR 2018-19 a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2018-19 Proposed Budget. At 6:50 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the City of Baytown Fiscal Year 2018-19 Proposed Budget. Mr. Nickerson presented a summary of the City of Baytown Fiscal Year 2018-19 Proposed Budget and stated that it was presented with a balanced budget with Council's goal and City Council Regular Meeting Minutes August 09,2018 Page S of 21 implementation plan. He stated that operating and capital expenditures were included in the discussion of the budget, as well as, operating and reserves. Additionally, he stated that the operating funds for the budget were$202,451,875. With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed the public hearing at 6:35 P.M. b. Consider adopting or postponing the adoption of the City of Baytown Fiscal Year 2018-19 Proposed Municipal Budget. Council Member Alvarado noted with regards to the Community Engagement position that she strongly feels that more community engagement is needed and looks forward to the results of such. Council Member Presley inquired if the budget could be revisited at a later time after it's adopted as allocated. In response to Council Member Presley's inquiry, City Manager Davis stated that he would not move forward with the budget until more discussion is made on this particular component, if that was Council's desire. He stated that the volunteer portion of this position is approximately 85% of the position and that the program itself of community engagement or neighborhood coordination would be brought back to Council as a proposed program for review before moving forward. Additionally, he noted that he would like to bring back the formalized volunteer program as well. For clarity purposes, City Manager Davis stated that Council authorized for him to seek someone for that amount of expenditure to fill the position, but the work that comes out of that was collaborative with Council. He further stated that before recruiting he would provide a future pre-meeting for more discussion. City Attorney, Ignacio Ramirez requested clarity as to what exactly in the budget is being included. Mr. Nickerson stated that there were no changes and that Council was adopting the budget that was presented. He noted that the budget could be adopted without the funds being spent and that this position would be revisited, but would not change the budget. Mr. Ramirez stated that there were some things added at the last meeting, but it was clarified that there were changes to the MDD Budget and not the City of Baytown Fiscal Year 2018-19 Proposed Municipal Budget. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving Ordinance No. 13,826, regarding agenda item 3.b., to adopt the City of Baytown Fiscal Year 2018-19 Proposed Municipal Budget. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes August 09,2018 Page 9 of 21 Approved ORDINANCE NO. 13,826 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Agenda item 6.a. was considered. 6. REPORTS a. Receive a report on the Comprehensive Plan Annual Report and Strategic Action Plan. Director of Planning and Community Development, Tiffany Foster presented the agenda item and stated that this annual report comprised from staff along with the Planning and Zoning "P&Z" Commission to provide updates of the implementation of the Comprehensive Plan. She noted that the Comprehensive Plan was adopted by City Council in May 2007, in which the process for new updates would begin within a few months, but this plan looks at different elements in today's comprehensive plan that talks on mobility, quality of life, growth capacity, and utilities of sort. Additionally, she stated that the P&Z reviewed the report and voted to forward it to Council. Mayor DonCarlos noted that the report was received. 7. CONSENT With regards to consent agenda item 7.r., Mayor DonCarlos stated that there were some issues with the company not being able to produce poles timely because of a backorder and further inquired if this was an industry issue. Director of Public Works, Frank Simoneaux stated that his understanding was that the poles were ordered separately from this agreement. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles Johnson approving consent agenda items 7.a. through 7.w. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes August 09,2018 Page 10 of 21 Approved a. Consider an ordinance authorizing the closeout and acceptance of the repair and improvements for four of the City's water front parks: Bayland Park, Britton Park, Eddie V. Gray Wetlands Center and Roseland Park and the final payment and release of retainage to Crawley's Shoreline Construction, Inc. ORDINANCE NO. 13,827 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BOAT RAMP PROJECT FOR BAYLAND PARK, BRITTON PARK, EDDIE V. GRAY WETLANDS CENTER AND ROSELAND PARK; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY- EIGHT THOUSAND SIX HUNDRED THIRTY-FOUR AND 27/100 DOLLARS ($38,634.27) TO CRAWLEY'S SHORELINE CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the Bayland Marina and Channels Dredging Project. ORDINANCE NO. 13,828 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE BAYLAND MARINA AND CHANNELS DREDGING PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the Goose Creek Trail Heads Project. ORDINANCE NO. 13,829 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE GOOSE CREEK TRAIL HEADS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District to install park lighting at the Jenkins Dog Park. City Council Regular Meeting Minutes August 09,2018 Page 11 of 21 ORDINANCE NO. 13,830 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE INSTALLATION OF PARK LIGHTING AT THE JENKINS DOG PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the ExxonMobil EPA Tree Planting Project. ORDINANCE NO. 13,831 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE EXXONMOBIL EPA TREE PLANTING PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for improvements to the Park Service Center. ORDINANCE NO. 13,832 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS TO THE PARK SERVICE CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for improvements to the Holloway Park Tennis Courts. ORDINANCE NO. 13,833 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS TO THE HOLLOWAY PARK TENNIS COURTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 09,2018 Page 12 of 21 h. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the purchase and installation of a roof over the Central Heights Park Basketball Court. ORDINANCE NO. 13,834 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE PURCHASE AND INSTALLATION OF A ROOF OVER THE CENTRAL HEIGHTS PARK BASKETBALL COURT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for District-wide landscape improvements. ORDINANCE NO. 13,835 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR DISTRICT- WIDE LANDSCAPING IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the Jenkins Park Drainage and Water Line Project. ORDINANCE NO. 13,836 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE JENKINS PARK DRAINAGE AND WATER LINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for improvements to the Baytown sports league facilities. ORDINANCE NO. 13,837 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR City Council Regular Meeting Minutes August 09,2018 Page 13 of 21 IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the operation of the Ice Rink at Town Square. ORDINANCE NO. 13,838 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE OPERATION OF THE ICE RINK AT TOWN SQUARE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District to construct the Ward Road Park Walking Trail. ORDINANCE NO. 13,839 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE CONSTRUCTION OF THE WARD ROAD PARK WALKING TRAIL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an agreement with Exxon Mobil Corporation for the planting of trees at designated locations within the City of Baytown. ORDINANCE NO. 13,840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH EXXON MOBIL CORPORATION FOR THE PLANTING OF TREES AT DESIGNATED LOCATIONS WITHIN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing fmal payment to the State of Texas through the Texas Department of Transportation for the construction of traffic improvements on Spur 330 frontage road to include signing and pavement markings at Spur 330 and I-10 pursuant to the Advance Funding Agreement. City Council Regular Meeting Minutes August 09,2018 Page 14 of 21 ORDINANCE NO. 13,841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF ONE HUNDRED FIFTEEN THOUSAND TWO HUNDRED NINETY-FIVE AND 69/100 DOLLARS ($115,295.69) FOR THE CONSTRUCTION OF TRAFFIC IMPROVEMENTS ON SPUR 330 FRONTAGE ROAD PURSUANT TO THE ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing the renewal of the Annual Thermo Pavement Markings Contract to Stripe Lines, Inc. ORDINANCE NO. 13,842 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT WITH STRIPE LINES, INC., FORMERLY STRIPE-A-LINE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN , IN THE SUM OF THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing the renewal of the Annual Hot-Mix Asphalt Contract with Century Asphalt Ltd. ORDINANCE NO. 13,843 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT-MIX ASPHALT CONTRACT WITH CENTURY ASPHALT LTD., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT THOUSAND AND NO/1 DOLLARS ($108,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc. ORDINANCE NO. 13,844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN City Council Regular Meeting Minutes August 09,2018 Page 15 of 21 IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s. Consider an ordinance authorizing the sludge and grit removal from the East District Wastewater Treatment Plant aeration basin. ORDINANCE NO. 13,845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED THIRTY-FOUR THOUSAND EIGHT HUNDRED AND N0/100 DOLLARS ($134,800.00) TO MAGNA-FLOW ENVIRONMENTAL, INC., FOR SLUDGE AND GRIT REMOVAL IN THE AERATION BASINS AT THE EAST DISTRICT WASTEWATER TREATMENT PLANT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider an ordinance authorizing payment to Goose Creek Consolidated Independent School District for ad valorem tax assessment and collection services. ORDINANCE NO. 13,846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT AND COLLECTION SERVICES FOR FY 2017-2018 TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF SIXTY-NINE THOUSAND FIFTY-FOUR AND 75/100 DOLLARS ($69,054.75); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. u. Consider an ordinance authorizing the annual renewal of Versaterm software. ORDINANCE NO. 13,847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY-FIVE THOUSAND ONE HUNDRED NINETY-THREE AND NO/100 DOLLARS ($165,193.00) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 09,2018 Page 16 of 21 v. Consider an ordinance authorizing the closeout and acceptance of the CDBG Non- Housing Central District Wastewater Treatment Plant Flood Improvements Project. ORDINANCE NO. 13,848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CDBG NON-HOUSING CENTRAL DISTRICT WASTEWATER TREATMENT PLANT FLOOD IMPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHT HUNDRED TWENTY-NINE THOUSAND EIGHT HUNDRED EIGHTY AND 22/100 DOLLARS ($829,880.22) TO LEM CONSTRUCTION CO., INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. w. Consider a resolution adopting Civil Rights and Fair Housing policies in relation to Community Development Block Grant- Disaster Recovery(CDBG-DR) funding. RESOLUTION NO. 2532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING CIVIL RIGHTS AND FAIR HOUSING POLICIES IN RELATION TO COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY (CDBG-DR) FUNDING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider appointments to the Baytown Area Water Authority(BAWA). City Clerk, Leticia Brysch presented the agenda item to consider the appointments of Brenda Bradley Smith and Brandon Benoit to the BAWA Board. Additionally, she stated that this is a two (2) year term beginning on September 01, 2018, and ending on August 31, 2020. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Heather Betancourth approving the appointments of Brenda Bradley Smith and Brandon Benoit to the BAWA Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes August 09,2018 Page 17 of 21 b. Consider appointments to the Baytown Crime Control and Prevention District (CCPD). Mrs. Brysch presented the agenda item to consider the appointments of Anesia Lamont, District 1; Dr. Chris Warford, District 2; Steele Arthur, District 3; and Rikki Wheeler, District 5 to the CCPD Board. Additionally, she stated that the approved appointees would serve another two (2) year term beginning on September 01, 2018 and ending on August 31, 2020. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving the appointments of Anesia Lamont, District 1; Dr. Chris Warford, District 2; Steele Arthur, District 3; and Rikki Wheeler, District 5 to the CCPD Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved • c. Consider appointments to the Baytown Fire Control, Prevention, and Emergency Medical Services District(FCPEMSD). Mrs. Brysch presented the agenda item to consider the appointments of Brenda Bradley Smith, Mayor's appointment; John Adkins, District 1; Richard (James) Carr, District 2; and Barry L. Hawkins, District 5 to the FCPEMSD Board. Additionally, she stated that all members desire reappointment and will serve a two (2) year term, beginning on September 01, 2018, and ending on August 31, 2020. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley approving the appointments of Brenda Bradley Smith, Mayor's appointment; John Adkins, District 1; Richard (James) Carr, District 2; and Barry L. Hawkins, District 5 to the FCPEMSD Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes August 09,2018 Page 18 of 21 d. Consider one (1) appointment to the Baytown Housing Authority. Mrs. Brysch presented the agenda item to consider the Mayor's appointment to the Baytown Housing Authority Board. She stated that Mr. Jim Giroir was appointed to such position, but was unable to serve the full two (2) year term; therefore, Ms. Grace Coronado, would complete Mr. Giroir's unexpired term, which is set to expire on March 31, 2020. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Robert C. Hoskins approving the appointment of Grace Coronado to the Baytown Housing Authority Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved 9. MANAGER'S REPORT City Manager Davis stated that visit Baytown and visit Dallas was the two (2) finalists for the Texas Association of Convention and Visitors Bureau's (TACVB)Judges Choice Best Overall Award in the 2018 Texas Tourism Idea Fair. He expressed appreciation to all who contributed towards making visit Baytown reach such accomplishment. He further recognized life guard, Cameron Cassidy for assisting an elder patron at the Pirates Bay Waterpark and Detectives Farabee and White, along with Officer Richter for assisting a stranded motorist on Highway 146. City Manager Davis noted that the City of Baytown received a compliment from the Department of Housing and Urban Development for being superb with regards to CDBG timeliness. Additionally, he recognized Jared Wilkerson for volunteering to assist with raising over$6,000 for Special Olympics athletes. 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys on competitive procurement matters. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding Cause No. 4:18-cv- 02597; Donald Eugene Railsback v. City of Baytown, TX; Julie Escalante; Michael Garner; Ignacio Ramirez; Chris Curry; Karen Rodriguez; Bryan Thompson; C. Keith Dougherty; John Does 1-50, in the United States District Court for the Southern District of Texas, Houston Division. City Council Regular Meeting Minutes August 09,2018 Page 19 of 21 At 7:10 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys on competitive procurement matters and regarding Cause No. 4:18-cv-02597; Donald Eugene Railsback v. City of Baytown, TX; Julie Escalante; Michael Garner; Ignacio Ramirez; Chris Curry; Karen Rodriguez; Bryan Thompson; C. Keith Dougherty; John Does 1-50, in the United States District Court for the Southern District of Texas, Houston Division. At 8:52 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. Mayor DonCarlos requested that agenda items 4.a. and 4.b. be removed from being tabled and they were considered. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Charles Johnson approving to go back and table agenda items 4.a. and 4.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved 4. CONVENTION CENTER/HOTEL PROJECT a. Consider an ordinance authorizing the Master Development Agreement with Garfield Public Private LLC, and Cedar Trinity, Corporation,for the Baytown Hotel and Convention Center Project. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 13,849, regarding agenda item 4.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes August 09,2018 Page 20 of 21 ORDINANCE NO. 13,849 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 A MASTER DEVELOPMENT AGREEMENT WITH GARFIELD PUBLIC/PRIVATE LLC, AND CEDAR TRINITY, CORPORATION, FOR THE BAYTOWN HOTEL AND CONVENTION CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN ACCORDANCE THEREWITH IN AN AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Design-Build Agreement and General Conditions with Garfield Public/Private LLC and DPR Construction, Inc., for the Baytown Conference Center. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 13,850, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,850 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 THE DESIGN-BUILD AGREEMENT WITH GARFIELD PUBLIC/PRIVATE LLC, AND DPR CONSTRUCTION, INC., FOR THE CITY FACILITIES AND PARKING FACILITIES ASSOCIATED WITH THE HOTEL AND CONVENTION CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN ACCORDANCE THEREWITH NOT TO EXCEED ONE MILLION EIGHT HUNDRED SEVENTY-FIVE THOUSAND AND NO/10 DOLLARS ($1,875,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 09,2018 Page 21 of 21 11. ADJOURN A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Charles Johnson approving to adjourn the August 09, 2018, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member 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 August 09, 2018, City Council Regular Meeting at 8:53 P.M. fthgnz6cek__ ,0 tl Leticia Brysch, City Clerk a �c'� I* City of Baytown �'�ww`}}•m„ r �A•m•a •f