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2018 08 23 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 23, 2018 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 23, 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 Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the August 23, 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 Hoskins. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on July 26, 2018. A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving the July 26, 2018, City Council Work Session and Regular Meeting minutes. 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 23,2018 Page 2 of 17 b. Consider approving the minutes of the City Council Special Budget Work Session held on August 02, 2018. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving the August 02, 2018, City Council Special Budget Work Session 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 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Billy Barnett, Chairman of the Parks and Recreation Advisory Board, presented the 2018 Parks and Recreation Annual Report. Director of Parks and Recreation, Scott Johnson presented the report and stated that all of the parks were doing well. Mr. Johnson proceeded to provide highlights of the report, but there were technical difficulties with the recording. b. Mrs. Pete Lester requested to appear before Council to announce the Baytown Area Quilt Guild's (BAQG) Quilt Show scheduled for Friday, May 3 and Saturday, May 4, 2019, at the Lee College Sports Arena, and to present the Health Department with a quilt to thank staff for their efforts in supporting Keep Baytown Beautiful(KBB). There were continued technical difficulties with the recording during the beginning of Mrs. Lester's announcement, but she presented a quilt that included artwork from the Keep Baytown Beautiful t-shirts. c. Ms. Kristen Lovett requested to appear before the City Council to thank them and staff for their support and participation in the A21's Walk for Freedom and to announce the next scheduled walk event. Ms. Lovett, a representative of the Beta Lambda Kappa, which is a chapter of the Beta Sigma Phi Sorority,presented the agenda item and stated that on October 20, 2018, a Walk for Freedom fundraising event was scheduled to take place in hundreds of cities across dozens of nations. She stated that the event is operated by A21, a global anti-human trafficking organization determined to eradicate human trafficking through awareness, intervention, and after care. She stated that human trafficking is the fastest growing criminal industry in the world generating over $150 billion American dollars with only 1% of its victims ever having a chance of being rescued. Ms. Lovett noted that Houston, Texas is considered to be a hub of human trafficking and according City Council Regular Meeting Minutes August 23,2018 Page 3 of 17 to a study, is the second highest in the nation for the number of calls to the National Human Trafficking Hotline and Resource Center with Houston having the highest number of human trafficking victims in the nation. She stated that according to the Texas Attorney General's Office, Texas has over 300,000 human trafficking victims including 79,000 youth and minors who have been forced into prostitution or other forms of sex trafficking. She stated that the purpose of the walk is to fundraise and create awareness in the local communities, as well as, become a catalyst for the rescue and restoration of the human beings being exploited. She further stated that last year was A2 l's largest global campaign with over 400 walks in 50 countries, to include the City of Baytown. Additionally, she expressed appreciation to the city staff that participated in the past events and to those who would participate in future events. d. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their Years of Service. 5 Years Marshall Pigg, Police Patrol Officer 10 Years Thomas Adam, Firefighter 25 Years Karen Horner, Assistant City Attorney 3. SPECIAL DISTRICT BUDGETS FISCAL YEAR 2018-19 a. Consider an ordinance approving the Baytown Crime Control and Prevention District Fiscal Year 2018-19 Proposed Budget. Director of Finance, Wade Nickerson presented the agenda item and stated that Ordinance No. 13,851, approves the Baytown Crime Control Prevention District ("CCPD") Fiscal Year 2018- 19 Proposed Budget. Additionally, he stated that the CCPD Board adopted the budget on July 10, 2018, and the City Council held a public hearing regarding this budget at its meeting on August 09, 2018. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Charles Johnson approving Ordinance No. 13,851, regarding agenda item 3.a. 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 23,2018 Page 4 of 17 Approved ORDINANCE NO. 13,851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2018-19 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2018-19 Proposed Budget. Mr. Nickerson presented the agenda item and stated that Ordinance No. 13,852, approves the Baytown Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD") Fiscal Year 2018-19 Proposed Budget. Additionally, he stated that the FCPEMSD Board adopted the budget on July 17, 2018, and the City Council held a public hearing regarding the FCPEMSD Budget at its meeting held on August 09, 2018. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Charles Johnson approving Ordinance No. 13,852, regarding agenda item 3.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. 13,852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2018-19 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance approving the Baytown Area Water Authority Fiscal Year 2018-19 Proposed Budget. Mr. Nickerson presented the agenda item and stated that Ordinance No. 13,853, approves the Baytown Area Water Authority("BAWA") Fiscal Year 2018-19 Proposed Budget. Additionally, City Council Regular Meeting Minutes August 23,2018 Page 5 of 17 he stated that the BAWA Board held a public hearing on the budget and adopted the same on Wednesday, August 15, 2018. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 13,853, regarding agenda item 3.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. 13,853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract to Triple B Services, LLP, for the 2018 Street Reconstruction Project. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 13,854, awards a construction contract to Triple B Services, LLP, for the 2018 Street Reconstruction Project in an amount not to exceed $2,760,152.50, which includes a $50,000 owners contingency. Additionally, he stated that the scope of work includes the reconstruction of sections of the following streets: Crestmont, Craigmont, and Goose Creek Drive. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 13,854, regarding agenda item 4.a. 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 23,2018 Page 6 of 17 Approved ORDINANCE NO. 13,854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRIPLE B SERVICES, LLP, FOR THE 2018 STREET RECONSTRUCTION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TRIPLE B SERVICES, LLP, FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF TWO MILLION EIGHT HUNDRED TEN THOUSAND ONE HUNDRED FIFTY-TWO AND 50/100 DOLLARS ($2,810,152.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Project Utility Adjustment Agreement and a Utility Adjustment Agreement Amendment with Grand Parkway Infrastructure, LLC, through the Texas Department of Transportation for SH99 Grand Parkway Segments H, I- 1 and I-2. n and stated that this agreement Pastrana presented the agenda item a is for the relocation of utilities related to the Highway 99 modifications being conducted by Texas Department of Transportation (TxDOT). Additionally, he stated that the modifications are from Tri-City Beach Road to I-10 at the costs of$643,515.00, which will be shared equally in the amount of $321,757.50,between the City and TxDOT. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving Ordinance No. 13,855, 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. 13,855 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 PROJECT UTILITY ADJUSTMENT AGREEMENT AND A UTILITY ADJUSTMENT AGREEMENT AMENDMENT WITH GRAND PARKWAY INFRASTRUCTURE, LLC, City Council Regular Meeting Minutes August 23,2018 Page 7 of 17 THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR SH99 GRAND PARKWAY SEGMENTS H, I-1 AND I-2; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN ACCORDANCE THEREWITH IN THE AMOUNT OF THREE HUNDRED TWENTY-ONE THOUSAND SEVEN HUNDRED FIFTY-SEVEN AND 50/100 DOLLARS ($321,757.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing a LED Streetlight Replacement Agreement with CenterPoint Energy Houston Electric for the replacement and installation of light emitting diodes (LED)for all City of Baytown street lights. Senior Planner Manager, Nathan Dietrich presented the agenda item and stated that Ordinance No. 13,856, authorizes a LED Streetlight Replacement Agreement with CenterPoint Energy Houston Electric for the replacement and installation of light emitting diodes (LED) for all 5,213 City of Baytown street lights. He stated that because the current lights were being installed with LED, this would replace the older ones for consistency. He stated that there are no upfront costs and CenterPoint's current maintenance prices for the pole and light would not change. Mr. Dietrich noted that there would be a significant kilowatt per hour savings and that the estimated completion time for all replacements would be between 12 and 18 months. Additionally, he stated that this project is for street lights governed by CenterPoint. Council Member Presley inquired if there was a priority list and recommended consideration of such, as some of the older areas of town may have lesser lighting. Mr. Dietrich stated that staff would consider the recommendation. Council Member Presley further inquired if the current lights strapped to electrical poles would remain or would the poles be replaced. Mr. Dietrich stated that those would remain the same. Council Member Alvarado inquired if these were the same lights already being replaced that were reported for outages. In response, to Council Member Alvarado's inquiry, Mr. Dietrich stated that the lights would be the same depending if it's a local street light. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 13,856, regarding agenda item 4.c. 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 ORDINANCE NO. 13,856 City Council Regular Meeting Minutes August 23,2018 Page 8 of 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN LED STREETLIGHT REPLACEMENT AGREEMENT WITH CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance extending the term of temporary structure permits issued for single-family dwelling units damaged or destroyed as a result of Hurricane Harvey for six (6) months, authorizing the Chief Building Official to grant extensions of up to six (6) months thereafter, and providing for an appeal process should the Chief Building Official fail to grant a requested extension. Director of Planning and Community Development, Tiffany Foster presented the agenda item and stated that last year following Hurricane Harvey citizens were allowed through ordinance to have temporary housing structures for living purposes on their primary home sites, although it was a violation of the zoning code. She stated that the ordinance provided the citizens an allowance of six (6) months and the building official the authority to give them another six (6) months extension. Mrs. Foster stated that the current ordinance require the citizens to come before the Council to request additional extensions, but staff recommended that the Council give the building official the authority to give one (1) more additional extension and any other extension requests afterwards would go through an application process explaining the reason for the need of the temporary structure. She stated that there were about 55 structures permitted, with approximately 26 still permitted and some that were never permitted, in which they would be working with to get permitted. She stated that this will also put a timeline on when the temporary structures should be moved. She stated that the initial process included staff sending out notices to those who did not have permits to get them to come in, which would be done again along with giving them a timeline with enforcement afterwards. Council Member Himsel noted that in conversing with citizens many are still in litigation with their insurance company, which is the cause of some of the delays in rebuilding. Mrs. Foster also noted that federal funds were not released in some cases, as well, but staff would try and work the citizens as much as possible. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 13,857, regarding agenda item 4.d. 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 23,2018 Page 9 of 17 ORDINANCE NO. 13,857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EXTENSION OF THE TEMPORARY STRUCTURE PERMITS UNTIL FEBRUARY 28, 2019; AUTHORIZING THE CHIEF BUILDING OFFICIAL TO GRANT NEW TEMPORARY STRUCTURE PERMITS WITH A TERM NO LONGER THAN FEBRUARY 28, 2019; AUTHORIZING THE CHIEF BUILDING OFFICIAL TO EXTEND TEMPORARY STRUCTURE PERMITS UP TO AN ADDITIONAL SIX (6) MONTHS IF CERTAIN CONDITIONS ARE SATISFIED; PROVIDING FOR AN APPEAL FROM THE CHIEF BUILDING OFFICIAL'S DECISION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Consider a resolution approving a reduction in rates charged by CenterPoint Energy Resources Corporation, d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas — Texas Coast Division, related to the reduction in the federal corporate tax rate. City Attorney, Ignacio Ramirez, presented the agenda item and stated that because of the reduction from 35% to 21% in the corporate tax rate, the calculations that were agreed to in the last rate case was lacking such information, so the utility company came forward and offered to voluntarily reduce the rate. Additionally, he stated that the legal department, along with the consultants reviewed the numbers and came to the conclusion that it was a fare reduction, in which staff recommended approval. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Charles Johnson approving Resolution No. 2533, regarding agenda item 5.a. 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 RESOLUTION NO. 2533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A REDUCTION IN RATES CHARGED BY CENTERPOINT ENERGY RESOURCES CORPORATION, D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS —TEXAS COAST DIVISION RELATED TO THE REDUCTION IN THE City Council Regular Meeting Minutes August 23,2018 Page 10 of 17 FEDERAL CORPORATE TAX RATE; FINDING THE REDUCTION IN CENTERPOINT'S RATES TO BE JUST AND REASONABLE; DECLARING AN EFFECTIVE DATE; REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND SPECIAL COUNSEL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution naming the area that coincides with the boundaries of the City of Baytown's Arts, Cultural, and Entertainment Zoning District. Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that the conclusion after several meetings regarding this specific agenda item resulted in naming the area as the Downtown Arts District. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles Johnson approving Resolution No. 2534, regarding agenda item 5.b. naming the area the Downtown Arts District. 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 RESOLUTION NO. 2534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NAMING THE AREA THAT COINCIDES WITH THE BOUNDARIES OF THE CITY OF BAYTOWN'S ARTS, CULTURAL, AND ENTERTAINMENT ZONING DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution authorizing the City Manager to submit a grant application to the Anice Read Fund sponsored by the Texas Downtown Association on behalf of City of Baytown Tourism Division. Mr. Woolery presented the agenda item and stated that in an effort to put more public art in the Downtown Arts District, Resolution No.2535, authorizes the City Manager to apply for a$4,000, grant through the Texas Downtown Association on behalf of City of Baytown Tourism Division, which will be matched through the existing Public Arts Fund. A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving Resolution No. 2535, regarding agenda item 5.c. The vote was as follows: Ci hCouncil Regular Meeting Minutes August 23,2018 Page 11 of 17 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 RESOLUTION NO. 2535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE ANICE READ FUND SPONSORED BY THE TEXAS DOWNTOWN ASSOCIATION ON BEHALF OF THE CITY OF BAYTOWN TOURISM DIVISION; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution authorizing the City of Baytown to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the FY18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program on behalf of the Police Department. Police Chief, Keith Dougherty stated that this grant is one that the police department applies for every year. A motion was made by Council Member Laura Alvarado and seconded by Council Member David Himsel approving Resolution No. 2536, regarding agenda item 5.d. 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 RESOLUTION NO. 2536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. City Council Regular Meeting Minutes August 23,2018 Page 12 of 17 DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY2018 LOCAL SOLICITATION ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND FIVE HUNDRED FORTY-SEVEN AND NO/100 DOLLARS ($19,547.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30,2018. Mr. Nickerson presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, 2018, and stated that the Finance Committee thoroughly discussed the reports in detail on August 09, 2018. He stated that there was substantial discussion due to the fact that some of the revenues were much higher than anticipated. He further stated that the sales tax was up just over 14% compared to the prior year and that the general fund was at 94% of budget, which was due to most of the property tax and IDA revenues being collected early in the year. He stated that the water and sewer fund was at 75% and that the sanitation fund was at 69% of budget, which was due to the revenues being collected in the rears. Mr. Nickerson stated that the expenditures were at 72%with the general fund being under budget overall. He stated that the trend is expected to continue and there were no foreseen overages anticipated. He stated that aquatics, being a seasonal business, was at 60% and expected to meet budget as usual. He stated that the water and sewer fund expenditures were at 75% as expected and that the sanitation fund expenditures were a little behind,but expected to meet budget. With regards to the investments, Mr. Nickerson stated that the end of quarter value was $176 million with an interest earning of 2.0125% having a yielded earning of $727,000, for the quarter. 7. CONSENT Council Member Hoskins requested more details regarding consent agenda item 7.c. City Manager Davis stated that the City of Baytown is the beneficiary of a wildfire fighting apparatus, which was deployed to the California fires, whereas two (2) of Baytown's firefighters were engaged in such endeavor. Fire Chief, Kenneth Dobson further explained that Task Force 1 was different than that of the California deployment. He stated that Task Force 1 is a state program whereas, firefighters are trained in a particular area of technical rescue hazmat and if there was any type of deployment the firefighter would deploy with a team of firefighters across the state. He noted that the City Council Regular Meeting Minutes August 23,2018 Page 13 of 17 example given referenced one of Baytown's firefighters that has a technical rescue background in certifications was deployed to an area where some students in a college dorm died from a fire. Chief Dobson stated that Fire Lieutenant Duran and Equipment Operator Hebert were the two firefighters deployed in California as part of a TIFMAS Program, which is a state program for wild land firefighting that usually don't respond out of state, but was a special call because of the situation in California. Additionally, he stated with regards to Task Force 1, that occasionally a firefighter will respond as part of a team and noted that there will probably be more added to the team in the future. Chief Dougherty noted that there's a member of the police department that does the same type of training. With regards to consent agenda item 7.f., Council Member Presley noted that there was a previous discussion of providing a shade structure at the Town's Square, in which at that time was a consensus from the board to do so and further requested if the possibility of such could be revisited. Mr. Scott Johnson stated that there was a discussion with such regard, but it was not funded and further stated that one of the reasons that they stayed away from putting shade structures in the Town's Square was because it limits the park's use. A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving consent agenda items 7.a. through 7.f. 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 a. Consider an ordinance authorizing the closeout and acceptance of the Public Works Fuel Tanks Project, and release of retainage to BCK Interests, LLC. d/b/a Fuel Control Solutions. ORDINANCE NO. 13,858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PUBLIC WORKS FUEL TANKS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY-NINE THOUSAND THREE HUNDRED FORTY AND 74/100 DOLLARS ($29,340.74) TO BCK INTERESTS, LLC, D/B/A FUEL CONTROL SOLUTIONS FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 23,2018 Page 14 of 17 b. Consider an ordinance approving Change Order No. 1 to the Bay Oaks Harbor Loop Streets Project with Angel Brothers Enterprises, LTD. ORDINANCE NO. 13,859 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE BAY OAKS HARBOR RECONSTRUCTION PROJECT, IN THE AMOUNT OF FIFTY-FOUR THOUSAND EIGHT HUNDRED SIXTEEN AND NO/100 DOLLARS ($54,816.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the Memorandum of Understanding with Texas A&M Engineering Extension Service regarding Texas Task Force 1. ORDINANCE NO. 13,860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH TEXAS A&M ENGINEERING EXTENSION SERVICES (TEEX) REGARDING TEXAS TASK FORCE 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance renewing the Contract for the Collection of Delinquent Taxes and Payment in Lieu of Taxes with Randall B. Strong. ORDINANCE NO. 13,861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH RANDALL B. STRONG FOR THE COLLECTION OF DELINQUENT TAXES AND PAYMENTS IN LIEU OF TAXES AND BANKRUPTCY COLLECTIONS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THE ADDITIONAL PENALTY PROMULGATED BY THE CITY COLLECTED PURSUANT TO THE TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance awarding the annual Repair Clamps contract to ACT Pipe and Supply. ORDINANCE NO. 13,862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ACT PIPE & SUPPLY FOR THE ANNUAL REPAIR CLAMPS CONTRACT AND AUTHORIZING PAYMENT City Council Regular Meeting Minutes August 23,2018 Page 15 of 17 BY THE CITY OF BAYTOWN IN THE AMOUNT OF NINETY-EIGHT THOUSAND EIGHT HUNDRED EIGHT AND 07/100 DOLLARS ($98,808.07); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase and installation of shade structures for Unidad,Roseland and McElroy Parks through the Texas Local Government Purchasing Cooperative (Buy Board) from USA Shade and Fabric Structures, Inc. ORDINANCE NO. 13,863 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY- FOUR THOUSAND FOUR HUNDRED EIGHTY-EIGHT AND 62/100 DOLLARS ($174,488.62) TO USA SHADE AND FABRIC STRUCTURES, INC., FOR THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES FOR UNIDAD, ROSELAND, AND MCELROY PARKS THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider one (1) appointment to the Baytown Construction Board of Adjustments and Appeals. City Clerk, Leticia Brysch presented the agenda item to consider one (1) appointment to the Baytown Construction Board of Adjustments and Appeals. She stated that there's been a vacancy on this board for the position of a Master Plumber, since the year 2015. She stated that a board member application from Mr. Dustin Eaton was submitted on file, whereas, he works for Choice Plumbers LLC on Pruett Street with 15 years of experience as a plumber. Council Member Presley inquired if the application was received unsolicited. Mrs. Brysch stated that the application was not solicited from the City Clerk's office and noted that the application was received from the website then processed through to the planning department for their review. Additionally, she noted that it was not uncommon for staff to ask citizens to consider serving on a board, and specifically, there have been many attempts to fill this vacancy with notices via the City's website, social media, and word of mouth through staff and Council, since the year 2015. A motion was made by Council Member Heather Betancourth and seconded by Council Member Robert C. Hoskins approving the appointment of Mr. Dustin Eaton to the Baytown Construction Board of Adjustments and Appeals. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council City Council Regular Meeting Minutes August 23,2018 Page 16 of 17 Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Approved 9. MANAGER'S REPORT Mr. Scott Johnson noted that the open house for the Wetlands Center was scheduled for Saturday, August 25, 2018, from 10:00A.M.-4:00P.M., to celebrate 20 years of being opened. CityManager Davis stated that Baytown Tourism won three (3) awards at the Annual Texas Association and Convention and Visitor's Bureaus to include: The People's Choice Mobile Site APP and The People Choice National Travel and Tourism Week Website for The Umbrella Alley, and The Judges Choice for the National Travel and Tourism Week Website for The Umbrella Alley. 10. EXECUTIVE SESSION Council Member Presley left the meeting at 7:32 P.M. 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 Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a fmancial or other incentive with Goose Creek Live-Work, LLC., and to seek the advice of the City's Attorneys on legal matters related thereto. At 7:32 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 pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive with Goose Creek Live- Work, LLC., and to seek the advice of the City's Attorneys on legal matters related thereto. At 8:16 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. 11. MOTIONS a. Consider whether to offer of a financial or other incentive with Goose Creek Live- Work,LLC, for the multi-family dwelling complex located at 612 W. Texas Avenue. City Council Regular Meeting Minutes August 23,2018 Page 17 of 17 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving to deny an incentive to Goose Creek Live-Work, LLC for the multi- family dwelling complex located at 612 W. Texas Avenue. 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 Nays: None Other: Council Member Chris Presley(Not Present for Vote) Approved 12. ADJOURN A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth adjourning the August 23, 2018, City Council Regular Meeting. 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 Nays: None Other: Council Member Chris Presley(Not Present for Vote) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the August 23, 2018, City Council Regular Meeting at 8:17 P.M. 'sop• •aeve I'" c9 �;4" IPS, Leticia Brysch, City Cler % i- ` d City of Baytown i°% h hth%W11/44G.1. •6�Oir