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2018 09 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 27, 2018 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 27, 2018, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Robert Hoskins Council Member Charles Johnson Council Member David Himsel 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 September 27, 2018, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present with the exception of Council Members Betancourth and Presley who were both absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Alvarado. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 23, 2018. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Charles Johnson approving the August 23, 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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved City Council Regular Meeting Minutes September 27, 2018 Page 2 of 17 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. The 13th Annual Grito Fest is scheduled for Saturday, October 06, 2018, at Bicentennial Park. Jacob Schaffer presented the schedule of activities for 13th Annual Grito Fest to be held on Saturday, October 06, 2018, at Bicentennial Park from 4:30 P.M. to 9:45 P.M. as follows: 4:30 - 5:30 P.M. Mariachi Los Gallitos 5:30 - 6:00 P.M. H.O.L.A Ballet Folklorico 6:00 - 6:15 P.M. Accordion Competition/Grito Preliminaries 6:15 - 7:45 P.M. Plan Sonidero 7:45 - 8:15 P.M. Jalapeiio, Salsa and Grito Championships 8:15 - 9:45 P.M. La Mafia b. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized Randy Burlin, Fire Lieutenant for his 40 years of service to the City of Baytown. 3. HOTEL/CONVENTION CENTER PROJECT ON BAYLAND ISLAND a. Consider an ordinance authorizing an Amended and Restated Design -Build Agreement and General Conditions with Garfield Public/Private LLC, and DPR Construction, Inc., for the Baytown Conference Center. Mayor DonCarlos noted for clarity that this item was discussed in the Municipal Development District (MDD) Meeting. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 13,880, 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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved ORDINANCE NO. 13,880 City Council Regular Meeting Minutes September 27, 2018 Page 3 of 17 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 AMENDED AND RESTATED 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/100 DOLLARS ($1,875,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District to retain the services of an independent representative for the Baytown Hotel/Conference Center Project. Deputy City Manager Bottoms noted that this item was discussed in the MDD meeting. A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,881, regarding agenda item 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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved ORDINANCE NO. 13,881 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 INDEPENDENT REPRESENTATIVE SERVICES FOR THE BAYTOWN HOTEL/CONVENTION CENTER DESIGN -BUILD AGREEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 27, 2018 Page 4 of 17 C. Consider an ordinance authorizing a Professional Services Agreement with Broaddus & Associates, Inc., to serve as an independent representative for the Hotel/Convention Center Project on Bayland Island. Deputy City Manager Bottoms noted that this item was also discussed during the MDD meeting. A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,882, regarding agenda item 3.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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved ORDINANCE NO. 13,882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH BROADDUS & ASSOCIATES, INC., FOR INDEPENDENT REPRESENTATIVE SERVICES FOR THE BAYTOWN HOTEL/CONVENTION CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED SEVENTY AND NO/100 DOLLARS ($262,570.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. CONSENT Mayor DonCarlos requested that consent agenda item 4.j. be pulled for discussion. City Attorney, Ignacio Ramirez requested that consent agenda items 4.w. and 4.x. be pulled from the consent agenda. Consent agenda item 4.f was considered separately due to an alleged amendment to the items contract. City Council Regular Meeting Minutes September 27, 2018 Page 5 of 17 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving consent agenda items 4.a. through 4.e., 4.g. through 4.i., 41. through 4.v., and 4.y. through 4.aa. 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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved a. Consider an ordinance authorizing a License Agreement with Goose Creek Live - Work, L.L.C., to allow a blade sign at 612 W. Texas Avenue to protrude into the right-of- way. ORDINANCE NO. 13,883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LICENSE AGREEMENT WITH GOOSE CREEK LIVE -WORK, L.L.C., TO ALLOW A BLADE SIGN AT 612 W. TEXAS AVENUE TO PROTRUDE INTO THE RIGHT-OF-WAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Industrial District Agreement with Hexion Inc. ORDINANCE NO. 13,884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HEXION INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the renewal of an agreement with United Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims. City Council Regular Meeting Minutes September 27, 2018 Page 6 of 17 ORDINANCE NO. 13,885 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN'S MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED NINETY-SIX THOUSAND AND NO/100 DOLLARS ($396,000.00) FOR THE THIRD - PARTY ADMINISTRATOR SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City of Baytown's property and casualty insurance. ORDINANCE NO. 13,886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWNIN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED THIRTY-FOUR THOUSAND THREE HUNDRED TWENTY- SEVEN AND NO/100 DOLLARS ($1,134,327.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOS SES,ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage. ORDINANCE NO. 13,887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2019; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND NINE HUNDRED THIRTY-NINE AND NO/100 DOLLARS ($100,939.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 27, 2018 Page 7 of 17 g. Consider an ordinance authorizing a partial release of retainage to Marcon Services, LLC., for the Garth Road Right -Hand Turn Lanes Project. ORDINANCE NO. 13,889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PARTIAL RELEASE OF RETAINAGE IN THE AMOUNT OF THIRTY-ONE THOUSAND FOUR HUNDRED TWENTY- FIVE AND 50/100 DOLLARS ($31,425.50) TO MARCON SERVICES, LLC, FOR THE GARTH ROAD RIGHT TURN LANES PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the 2018 Mill & Overlay Project - Renewal 1, with Angel Brothers Enterprises, LTD. ORDINANCE NO. 13,890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2018 MILL AND OVERLAY PROJECT FOR YEAR 2 WITH ANGEL BROTHERS ENTERPRISES, LTD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($650,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving a professional services agreement between the Baytown Area Water Authority ("BAWA") and Busch, Hutchison and Associates, Inc., d/b/a Hutchison & Associates for the BAWA FM 1405 16 -inch Waterline Project. ORDINANCE NO. 13,891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND BUSCH, HUTCHISON AND ASSOCIATES, INC., D/B/A HUTCHISON & ASSOCIATES FOR THE BAYTOWN AREA WATER AUTHORITY FM 1405 16 -INCH WATERLINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of a Kubota track excavator and a Kubota RTV from WOWCO Equipment Company, through the Texas Local Government Purchasing Cooperative (BuyBoard). City Council Regular Meeting Minutes September 27, 2018 Page 8 of 17 ORDINANCE NO. 13,892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-SEVEN THOUSAND EIGHT HUNDRED FOUR AND 72/100 DOLLARS ($57,804.72) TO WOWCO EQUIPMENT COMPANY FOR THE PURCHASE OF A KUBOTA TRACK EXCAVATOR AND A KUBOTA RTV THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the purchase of playground equipment for the year 2019 from Total Recreation Products, Inc., representing GameTime Play Equipment through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 13,893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-NINE THOUSAND SIX HUNDRED NINETY-NINE AND 52/100 DOLLARS ($99,699.52) TO TOTAL RECREATION PRODUCTS, INC., REPRESENTING GAMETIME PLAY EQUIPMENT, FOR THE PURCHASE OF PLAYGROUND EQUIPMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider an ordinance authorizing payment to Kraftsman, L.P., for the purchase and installation of a Basketball Court Pavilion at Central Heights Park through the Texas Local Government Purchasing Cooperative (Buy Board). ORDINANCE NO. 13,894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-FOUR THOUSAND EIGHT HUNDRED NINETY-THREE AND NO/100 DOLLARS ($74,893.00) TO KRAFTSMAN, L.P., FOR THE PURCHASE AND INSTALLATION OF A BASKETBALL COURT PAVILION AT CENTRAL HEIGHTS PARK THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing payment to Kraftsman, L.P., for the purchase and installation of an engineered metal building through the Texas Local Government Purchasing Cooperative (Buy Board). City Council Regular Meeting Minutes September 27, 2018 Page 9 of 17 ORDINANCE NO. 13,895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHT HUNDRED NINETY- FOUR THOUSAND FIVE HUNDRED SIXTEEN AND NO/100 DOLLARS ($894,516.00) TO KRAFTSMAN, L.P., FOR THE PURCHASE , AND INSTALLATION OF AN ENGINEERED METAL BUILDING FOR THE NEW PARK SERVICE CENTER FACILITY THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center for park cleaning, janitorial services and litter removal. ORDINANCE NO. 13,896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING, JANITORIAL SERVICES, AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance renewing the Annual Janitorial Supplies contract to Great Southwest Paper. ORDINANCE NO. 13,897 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SUPPLIES CONTRACT WITH GREAT SOUTHWEST PAPER AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY-FIVE THOUSAND THREE HUNDRED TWENTY-THREE AND 20/100 DOLLARS ($55,323.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing the renewal of the Annual Sludge Disposal Contract with Sprint Transport, LLC. City Council Regular Meeting Minutes September 27, 2018 Page 10 of 17 ORDINANCE NO. 13,898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT TRANSPORT, LLC, F/K/A RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF TWO HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($220,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the purchase of one (1) Leeboy 40OBT Roller from Associated Supply Co. (ASCO) through Houston -Galveston Area Council (HGAC) for the Public Works Department. ORDINANCE NO. 13,899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-NINE THOUSAND ONE HUNDRED FORTY-SEVEN AND 75/100 DOLLARS ($59,147.75) TO ASSOCIATED SUPPLY CO., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) LEEBOY 40OBT ROLLER FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance authorizing the purchase of two (2) John Deere 310EL Backhoe Loaders and (1) one John Deere 330G Skid Steer with Broom Attachment from Doggett Heavy Machinery through the Houston Galveston Area Council (HGAC). ORDINANCE NO. 13,900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FOUR THOUSAND FOUR HUNDRED TWENTY AND NO/100 DOLLARS ($204,420.00) TO DOGGETT HEAVY MACHINERY SERVICES, LLC, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWO (2) JOHN DEERE 310EL BACKHOE LOADERS AND ONE (1) JOHN DEERE 330G SKID STEER WITH BROOM ATTACHMENT FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 27, 2018 Page 11 of 17 t. Consider a resolution granting the petition of Soria Construction, Inc., for the proposed annexation of approximately 31.3 acres, save and except, approximately 3.5 acres previously annexed by Ordinance Number 627-A, located on the north side of Massey Tompkins Road and addressed as 2015 Massey Tompkins Road, legally described as part of Tract 3, C Smith Survey, Abstract 69, Harris County, Texas. RESOLUTION NO. 2540 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF SORIA CONSTRUCTION, INC., FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 31.3 ACRES, SAVE AND EXCEPT, APPROXIMATELY 3.5 ACRES PREVIOUSLY ANNEXED BY ORDINANCE NUMBER 627-A, LOCATED ON THE NORTH SIDE OF MASSEY TOMPKINS ROAD AND ADDRESSED AS 2015 MASSEY TOMPKINS ROAD, LEGALLY DESCRIBED AS PART OF TRACT 3, C SMITH SURVEY, ABSTRACT 69, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider a resolution directing the preparation of a service plan for the involuntary annexation of the property described in the Greentransport Facility Minor Plat, a subdivision of 74.25 -acres located in the John Steele Survey, Abstract 227, Chambers County, Texas, save and except the property that was annexed by City of Baytown pursuant to Ordinance No. 10,752, passed on January 10, 2008. RESOLUTION NO. 2541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF THE PROPERTY DESCRIBED IN THE GREENTRANSPORT FACILITY MINOR PLAT, A SUBDIVISION OF 74.25 ACRES LOCATED IN THE JOHN STEELE SURVEY, ABSTRACT 227, CHAMBERS COUNTY, TEXAS, SAVE AND EXCEPT THE PROPERTY THAT WAS ANNEXED BY CITY OF BAYTOWN PURSUANT TO ORDINANCE NO. 10,752, PASSED ON JANUARY 10, 2008; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider a resolution directing the preparation of a service plan for the involuntary annexation of a 473.8 -acre tract of land situated in the John Ijams Survey, A-15 and the John Steel Survey, A-227, Chambers County, Texas, along with approximately 10 acres of property in the John Ijams Survey, A-15 and the John Steel Survey, A-227, Chambers County, Texas, necessary to make such tract contiguous to the corporate limits of the City of Baytown. City Council Regular Meeting Minutes September 27, 2018 Page 12 of 17 RESOLUTION NO. 2542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF A 473.8 -ACRE TRACT OF LAND SITUATED IN THE JOHN IJAMS SURVEY, A-15 AND THE JOHN STEEL SURVEY, A-227, CHAMBERS COUNTY, TEXAS, ALONG WITH PROPERTY NECESSARY TO MAKE SUCH TRACT CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Y. Consider a resolution directing the preparation of a service plan for the involuntary annexation of a 29.2508 -acre tract of land situated in the R. A. Porter Survey, Abstract No. 205, and the G.L. Short Survey, Abstract No. 228, Chambers County, Texas, along with 116 acres of property in the R. A. Porter Survey, Abstract No. 205, and the G.L. Short Survey, Abstract No. 228, Chambers County, Texas, necessary to make such tract contiguous to the corporate limits of the City of Baytown. Mr. Ramirez noted that as soon as the property owner's attorney review and post the plan, a signed copy would be sent to staff and there would not be a need to proceed with the annexation. RESOLUTION NO. 2543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF A 29.2508 -ACRE TRACT OF LAND SITUATED IN THE R. A. PORTER SURVEY, ABSTRACT NO. 205, AND THE G.L. SHORT SURVEY, ABSTRACT NO. 228, CHAMBERS COUNTY, TEXAS, ALONG WITH PROPERTY NECESSARY TO MAKE SUCH TRACT CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Z. Consider a resolution directing the preparation of a service plan for the involuntary annexation of (i) an 8.190 -acre tract of land situated in the WM. D. Smith Survey, Abstract Number 23, Chambers County, Texas, (ii) a 4.810 -acre tract of land situated in the WM. D. Smith Survey, Abstract Number 23, Chambers County, Texas, (iii) an 11 -acre tract of land situated in the WM. D. Smith Survey, Abstract Number 23, Chambers County, Texas, and (iv) approximately 67 acres of property in WM. D. Smith Survey, Abstract Number 23, Chambers County, Texas, necessary to make such tract contiguous to the corporate limits of the City of Baytown. RESOLUTION NO. 2544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF (I) AN 8.190 -ACRE TRACT OF City Council Regular Meeting Minutes September 27, 2018 Page 13 of 17 LAND SITUATED IN THE WM. D. SMITH SURVEY, ABSTRACT NUMBER 23, CHAMBERS COUNTY, TEXAS, (II) A 4.810 -ACRE TRACT OF LAND SITUATED IN THE WM. D. SMITH SURVEY, ABSTRACT NUMBER 23, CHAMBERS COUNTY, TEXAS, (III) AN 11 -ACRE TRACT OF LAND SITUATED IN THE WM. D. SMITH SURVEY, ABSTRACT NUMBER 23, CHAMBERS COUNTY, TEXAS, AND (IV) PROPERTY NECESSARY TO MAKE SUCH TRACTS CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. aa. Consider a resolution directing the preparation of a service plan for the involuntary annexation of (i) a 15.83 -acre tract of land situated in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, (ii) a 13.989 -acre tract of land situated in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, (iii) a 3.6040 -acre tract of land situated in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, and (iv) approximately 115 acres of property in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, necessary to make such tracts contiguous to the corporate limits of the City of Baytown. RESOLUTION NO. 2545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF (1) A 15.83 -ACRE TRACT OF LAND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT NO. 205, CHAMBERS COUNTY, TEXAS, (II) A 13.989 -ACRE TRACT OF LAND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT NO. 205, CHAMBERS COUNTY, TEXAS, (III) A 3.6040 -ACRE TRACT OF LAND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT NO. 205, CHAMBERS COUNTY, TEXAS AND (IV) PROPERTY NECESSARY TO MAKE SUCH TRACTS CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4.f. Consider an ordinance authorizing an Interlocal Agreement with Lee College District for the use of their Wellness Center and Swimming Pool by the City Council Members and City employees. Mr. Ramirez noted that staff was told that the contract was approved with a change from three (3) years to one (1) year. ORDINANCE NO. 13,888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE City Council Regular Meeting Minutes September 27, 2018 Page 14 of 17 DISTRICT FOR THE USE OF THE WELLNESS CENTER AND SWIMMING POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving consent agenda item 41, amending to change the agreement from three (3) years to 12 months. 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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved 4.j. Consider an ordinance renewing the 2018 Annual Waterline Rehabilitation Project with SKE Construction, LLC, for an additional year. Mayor DonCarlos noted that he would vote against the approval of this item as the entity acted irresponsibly towards a City customer. He stated that SKE damaged a line that resulted in Memorial Baptist Church's entire cooling system being filled with sand and although admitting liability refused to pay for damages until the church was forced to sue them, in which they still ended up not paying all of the damages. Director of Engineering, Jose Pastrana noted that SKE Construction has proven to be a reliable and responsible party in most cases, but obviously in this case they failed. He stated that staff didn't know the interior details of the lawsuit otherwise they would have arranged for them to pay the expenses. Mr. Pastrana stated that this contract is used for emergency repairs, in which there are high priority lines in the city. He stated that SKE is not the only contractor, but noted that this is one of the contracts that are already in place and things could be done expeditiously as opposed to having to go through the bidding process which would take approximately two (2) months to complete. Council Member Hoskins recommended that consent agenda item 4.j. be pulled until after further discussion with SKE Construction. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to suspend consent agenda item 4.j. to a meeting not to exceed December 31, 2018. The vote was as follows: City Council Regular Meeting Minutes September 27, 2018 Page 15 of 17 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved 4.w. Consider a resolution directing the preparation of a service plan for the involuntary annexation of (i) an 8.836 -acre tract in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, (ii) an 11.013 -acre tract in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, (iii) a 2.6912 -acre tract of land in the R.A. Porter Survey , Abstract No. 205, Chambers County, Texas, and (iv) approximately 55 acres of property in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, necessary to make such tracts contiguous to the corporate limits of the City of Baytown. 4.x. Consider a resolution directing the preparation of a service plan for the involuntary annexation of approximately a 17.0264 -acre tract of land situated in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, along with approximately 60 acres of property in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, necessary to make such tract contiguous to the corporate limits of the City of Baytown. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to suspend consent agenda items 4.w. and 4.x. indefinitely. 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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved 5. MANAGER'S REPORT City Manager Davis acknowledged Detective Lance Watkins for achieving his Master Peace Officer Certificate. He recognized the EMS Crew at fire station #4 to include Jesse Bevins, Tret Darr, William Rynearson, Estevan Rodriguez, Clifford Smith, and Stephen Boggs for assisting a woman who passed out and the EMS team of Hayden Phillips and Jonathan Quinones who came City Council Regular Meeting Minutes September 27, 2018 Page 16 of 17 to the rescue of a 91 year old lady who suffered a fractured leg. He recognized Glenda Bruce for her polite customer service, as well as, Leticia Brysch for implementing such positive leadership in her department as it receives many compliments on customer service. City Manager Davis further acknowledged Adam Artimez for his exemplary stewardship as an inspector and the public works department for immediately responding to a call regarding a large oak tree that fell into the road and onto the residents' yard. Additionally, he recognized Nick Woolery and Jaime Eustace for being nominated by the Engaging Local Government Leaders "ELGL" Chris Trager's list which recognizes the top 100 influencers in local government. Public Works Director, Frank Simoneaux presented a public tribute to Sgt. Zachary Youngblood for his service to this country. Council Member Alvarado noted that the Central Heights community returned to the National Night Out list scheduled for October 02, 2018, and further encouraged other council members to also support this neighborhood. Additionally, she stated that Promise Center would host its 4th annual dinner this year. Mayor DonCarlos noted that during the visit to Washington D.C., meetings were held with Senators Cruz and Cornyn, Representative Babin, HUD, and the EPA. He stated that Senator Comyn was provided an estimate of how many homes were still in need of assistance due to Hurricane Harvey and he was informed that more federal aid was coming available that would not include the restrictions from prior funding assistance guidelines. Regarding the EPA meeting, he stated that they are still on track to having the waste pits removed. 6. ADJOURN A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins adjourning the September 27, 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 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Absent) Approved City Council Regular Meeting Minutes September 27, 2018 Page 17 of 17 With there being no further business to discuss, Mayor DonCarlos adjourned the September 27, 2018, City Council Regular Meeting at 7:05 P.M. CD t!a AA Leticia Brysch, City Clem City of Baytown