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2018 10 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 25, 2018 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 25, 2018, at 6:51 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 October 25, 2018, City Council Regular Meeting with a quoram present at 6:51 P.M., all members were present with the exception of Council Members Himsel and Hoskins who were both absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Mark David Sherron requested to appear before the Council to present a painting titled "Hell Fighters" by Albert L. Tauch. At the request of his parents David Dave and Doris Sherron, Mr. Sherron presented to the City of Baytown a painting titled "Hell Fighters" by Albert L. Tauch. b. Mr. Herbert R. Lorfmg requested to appear before the Council regarding the old Walgreen's building on Alexander Drive. Mr. Lotting stated his concerns with regards to the old Walgreen's building on Alexander Drive which included high grass, graffiti, broken windows, drug trafficking, and it being a haven for the homeless. He stated that Walgreen's Corporate Office informed him that they no longer owned the building, so in doing more research to the best of his knowledge the building is owned City Conned Regular Meeting Minutes October 25, 2018 Page 2 of 36 by Diamond Rock Investments. He further requested if the City could hold the building owner responsible for the maintenance and security of the building. Planning and Community Development Director, Tiffany Foster stated that the building was purchased and a permit was approved as of April 2018, in which the applicant requested for their permit to be extended because of financing issues. She stated that staff reached out to the owner with regards to development and maintenance of the building and was informed that development on the building would start soon. Additionally, she noted that the owner did address the graffiti complaints, but since then there's been more graffiti and staff has made the owner aware of such to further address. Council Member Betancourth inquired of the type of development being proposed for use of the building. In response to Council Member Betancourth's inquiry, Mrs. Foster stated that the development would be a meat market that includes a deli and juice bar. Council Member Presley noted that there was a Vacant Building Ordinance established in past and recommended that it be revisited for enforcement. Council Member Alvarado noted that commercial establishments should have stiffer penalties for violations with this regard. Council Member Presley made mention of possible incentives for businesses that are being good neighbors. Mayor DonCarlos requested that there be an agenda item regarding the vacant building ordinance on the next council meeting agenda. C. Present a proclamation designating October as National Community Planning Month in Baytown. Strategic Communications Manager, Natasha Barrett presented that agenda item and Mayor DonCarlos presented to staff of the planning department, as well as, members of the planning and zoning commission and board of adjustments a proclamation designating October as National Community Planning Month in Baytown. d. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized the following City of Baytown employees for their years of service: 10 Years Dallas Bish, Patrol Officer Kevin Troller, Assistant City Manager 20 Years Glenn Striven, Police Lieutenant City Council Regular Meeting Minutes October 25, 2018 Page 3 of 36 2. CHEVRON PHILLIPS CHEMICAL COMPANY PROPERTY DEDICATION a. Consider an ordinance authorizing a Property Dedication Agreement with Chevron Phillips Chemical Company regarding an 81.589-acre tract of land adjacent to Russell Park. City Attorney, Ignacio Ramirez presented the agenda item and stated that Ordinance No. 13,901, authorizes a Property Dedication Agreement with Chevron Phillips Chemical Company for a 81.589-acre tract of land adjacent to Russell Park, in which the agreement is contingent upon the City obtaining an environmental site assessment satisfactory to the City and pursuant to the agreement as follows: • the property may only be used for for trails, watering holes, hitching posts, retention ponds, benches, hash cans, signage, and any other municipal use approved in writing by Chevron; • Chevron may reclaim the property at any time within the next 50 years, provided Chevron: • gives 12 months prior written notice of its request for re -conveyance; and • pays the fair market value of all improvements the City makes to the property, as determined by an appraisal obtained by Chevron. • Chevron retains the tight to obtain right-of-way on the property for its pipelines; and • the City provides an annual report of the property, including a description of the improvements made along with the City's maintenance plans for the property. Mr. Ramirez further stated that the City would get a title policy for the property and shall be responsible for the expenses associated with the appraisal; environmental inspections; preparation of deed; escrow fee, and recording fees. Additionally, he stated that the conveyance of the property will be "AS IS, WHERE IS AND WITH ALL FAULTS." Council Member Betancourth abstained from this agenda item and filed the necessary documents with the City Clerk's office. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley approving Ordinance 13,901, regarding agenda item 2.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent), Council Member Heather Betancourth (Abstain) Approved City Council Regular Meeting Minutes October 25, 2018 Page 4 of 36 ORDINANCE NO. 13,901 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 PROPERTY DEDICATION AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00); MAKING OTHER PRO VISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. RECREATION CENTER FEASABILITY STUDY a. Receive and discuss the Baytown Recreation Center Feasibility Study regarding a proposed City of Baytown Recreation Center. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that there's been work for the past 6-8 months on the feasibility study for the possible future recreation center. He further noted that representatives from Burditt Land Place: Eric Geppelt, Director of Architecture; Courtney Brinegar, Project Manager; and Shane Howard, Senior Vice President would present their findings and recommendations for a proposed Recreation Center. Ms. Brinegar presented an overview of the study and stated that some of the key attributes to the recreation center facility included flexibility for growth, economical and safe location, durability, and programmable spaces for various ages and interest levels. She stated that they did a site assessment to find the appropriate location, a stakeholder engagement, a monthly analysis, a programming process to see what spaces should be in the facility, a pre -schematic design, and a cost recovery model. Ms. Brinegar stated that based on the 2025 Comprehensive Plan and the Playbook 2020 Strategic Parks and Recreation Master Plan this type of facility is a desire for the City of Baytown. She stated that the evaluation criteria used for consideration of the proposed site was walk ability, nearby amenities, site potential and real estate catalyst. She noted that of the three (3) sites reviewed, the vacant lot by Kroger on the north portion of Alexander Drive. She further noted that this recommended site is city -owned property that's already cleared with available utilities. Ms. Brinegar presented photos of demographic comparisons in which it showed that in comparison to the county there's a low -median income and lots of investments were made in home ownership and childcare, which gives the impression that despite their income status local residents care a lot about establishing families and taking care of themselves. She further noted that there's a high percentage of youth in the area, which decreases the median income. She stated that limitation factors such as mobility and exercise commitment were because of not having access to a local facility to exercise. Mr. Geppelt noted that although the community members may not have formal opportunities for exercise there's a commitment to exercise, which is a positive note. City Council Regular Meenng Minutes October 25, 2018 Page 5 of36 Further during the presentation, Ms. Brinegar noted that there were other comparable community recreational facilities to include Pearland, Mont Belvieu, and La Porte and she also noted that all of these facilities had indoor gyms along with an aquatic feature. Ms. Brinegar stated that they received much input from the public, key stakeholders and city staff as to what type of amenities would be fit for the facility in Baytown. She stated that out of the 69 different amenities listed many agreed heavily on some of the same type of interest. She stated that there were four (4) main categories on the online survey: indoor programs, outdoor programs, supplemental amenities, and location. She noted that of the main desires from the online survey regarding indoor was an indoor pool, for outdoor was a walking trail, for supplemental amenities was 24 hour access or extra pavilion, and for location was the Kroger site previously mentioned. Ms. Brinegar stated that during the site study process they created three (3) design concepts to see if all of the 69 amenities requested could be included, but the option chosen included a two (2) story facility at an estimate cost between $35.5 million to $50.2 million. She stated the facility would be designed with transparency, so that it would be appealing for socializing and working out. She noted that the first level floor would be provided for shared space for socializing and memberships and the second level floor would be for membership access only. Additionally, she noted that the facility would provide for diversity and have amenities for all ages, as well as, be designed for future expansion. Further during the presentation, Mr. Geppelt stated that they envision a full development of the corridor in the proposed area. He stated that the costs for the project would be between $23.6- $32.6 million to include 25% overhead costs and 5% contingency. He stated that they included additional options for future growth and development expansions with a cost range of $3.5-$4.9 million for a natatorium; $3.9-$5.5 million for indoor courts; and $3.6-$5.7 million for site upgrades. Mr. Shane Howard provided the cost projections and noted that the location of the proposed site is projected to be predominantly a public recreational facility; therefore, the costs projections are based on such. He stated that the maximum annual operating costs would be an estimated $1.1 million to include the bulk of the cost being on personnel and services. Mr. Howard noted that they projected for the peek revenue hours to be between 3:00-8:00 P.M. He stated that the cost recovery should be approximately 60% of operating cost at 50% maximum activity capacity level. He further stated that they reviewed the budgets of the other surrounding recreational facilities already mentioned and within the last year the patron visits ranged from 100,000 to 300,000 with net revenues ranging from $400,000 to $900,000. He stated that the proposed Baytown facility, if at 75% capacity would have approximately 119,000 patron visits with an operating subsidy of about $195,000. Additionally, Mr. Howard noted that with this project being a public facility there would be some operating subsidy, so the goal would have to be to develop programs and pricing that fits the program spaces. Council Member Presley inquired if there were other site possibilities. City Manager Davis stated that the initial step was to get Council comfortable with the project, but noted that the City Council Regular Meeting Minutes October 25, 2018 Page 6 of 36 desired amenities would determine which site works best. Ms. Brinegar noted that this project could be reformatted for a different location. Additionally, City Manager Davis stated that moving forward this project would be explored with potential partnerships from all other parties interested in seeing the development of this facility. b. Consider a resolution adopting the Baytown Recreation Center Feasibility Study. A motion was made by Council Member Heather Betancounh and seconded by Mayor Pro Tem Charles Johnson approving Resolution No. 2546, regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved IESOLUTION NO. 2546 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE BAYTOWN RECREATION CENTER FEASIBILITY STUDY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REZONING OF APPROXIMATELY 2.3 ACRES OF LAND, 7304 EAST FREEWAY a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 2.3 acres at 7304 East Freeway, located on the south side of Interstate Highway 10 East (IH-10) approximately 1900 feet west of the intersection of Sjolander Road and I11-10, legally described as Lot 2, Block 1, Simpson Acres, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 7:56 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 2.3 acres at 7304 East Freeway, located on the south side of Interstate Highway 10 East (I11-10) approximately 1900 feet west of the intersection of Sjolander Road and IH-10, legally described as Lot 2, Block 1, Simpson Acres, City Council Regular Meeting Minutes October 25, 2018 Page 7 of36 Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Senior Planner Manager, Nathan Dietrich presented a summary of the agenda item and stated that the request is to rezone this 2.3 acre tract from OR to GC zoning. He stated that this area was recently annexed into the City during the involuntary annexation last November. He stated that land owners want to come into the City and do a commercial development. Additionally, he noted that this rezoning is in line with the Future Land Use Plan (FLUP). With there being no one registered to speak regarding agenda item 4.a., Mayor DonCarlos closed the public hearing at 7:58 P.M. b. Consider an ordinance amending the official zoning map to rezone approximately 2.3 acres at 7304 East Freeway, located on the south side of Interstate Highway 10 East (I1110) approximately 1900 feet west of the intersection of Sjolander Road and I11-10, legally described as Lot 2, Block 1, Simpson Acres, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado approving Ordinance No. 13,902, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tom Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 2.3 ACRES AT 7304 EAST FREEWAY, LOCATED ON THE SOUTH SIDE OF INTERSTATE HIGHWAY 10 EAST (IH-10) APPROXIMATELY 1900 FEET WEST OF THE INTERSECTION OF SJOLANDER ROAD AND IH-10, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, SIMPSON ACRES, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND N0/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A City Council Regular Meeting Minutes October 25, 2018 Page 8 of 36 SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. REZONING OF APPROXIMATELY 0.39 OF AN ACRE OF LAND, 1001 SOUTH MAIN STREET a. Conduct the a public hearing concerning a request to amend the official zoning map to rezone approximately 0.39 of an acre, at 1001 South Main Street, located on the west side of South Main Street approximately 850 feet north of the intersection of South Main Street and South Alexander Drive, legally described as Lots 1, 2, 3, and 4, Block 5, Lamar Court, Harris County, Texas, from a Mined Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. At 7:59 P.M., Mayor DonCarlos opened and conducted the a public hearing concerning a request to amend the official zoning map to rezone approximately 0.39 of an acre, at 1001 South Main Street, located on the west side of South Main Street approximately 850 feet north of the intersection of South Main Street and South Alexander Drive, legally described as Lots 1, 2, 3, and 4, Block 5, Lamar Court, Hams County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. Director of Planning and Community Development, Tiffany Foster presented a summary of the this agenda item and stated that the purpose of this request is to rezone the existing business located across the street from a park on South Main. She stated that there's a convenient store and a small restaurant inside of the business, in which the actual property owner and operator of the store is also the resident next door. She stated that they're currently zoned as Single Family, but request to be zoned as Neighborhood Serving Commercial (NSC), in which there's plans to expand in the future to enhance the business. She further noted that the Planning and Zoning Commission (P&Z) are excited about this because it shows that the City is lining up with the FLUP and this will provide a service to an area that is underserved for commercial development. With there being no one registered to speak regarding agenda item 5.a., Mayor DonCarlos closed the public hearing at 8:00 P.M. b. Consider an ordinance amending the official zoning map to rezone approximately 0.39 of an acre, at 1001 South Main Street, located on the west side of South Main Street approximately 850 feet north of the intersection of South Main Street and South Alexander Drive, legally described as Lots 1, 2, 3, and 4, Block 5, Lamar Court, Harris County, Texas, from a Mined Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 13,903, regarding agenda item 5.b. The vote was as follows: City Council Regular Meeting Minutes October 25, 2018 Page 9 of 36 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,903 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 0.39 OF AN ACRE, AT 1001 SOUTH MAIN STREET, LOCATED ON THE WEST SIDE OF SOUTH MAIN STREET APPROXIMATELY 850 FEET NORTH OF THE INTERSECTION OF SOUTH MAIN STREET AND SOUTH ALEXANDER DRIVE, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING DISTRICT TO A NEIGHBORHOOD SERVING COMMERCIAL (NSC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED ORDINANCES a. Consider an ordinance renewing the 2018 Annual Waterline Rehabilitation Project with SKE Construction, LLC, for an additional year. Director of Engineering, lose Pastrana presented the agenda item and stated that every year the City of Baytown awards a contract typically in the amount of $1,000,000 to rehab critical waterlines throughout the City. He stated that in the year 2018, SKE Construction, LLC was awarded the contract which included two (2) renewal options. He stated that the contractor performed well and staff recommended approval of this first renewal in the amount of $1,000,000. Mayor DonCarlos noted that this was the contractor that had the issue with the church that was discussed at the last council meeting and since has resolved such issue. A motion was made by Council Member Chris Presley and seconded by Council Member Heather Betancourth approving Ordinance No. 13,904, regarding agenda item 6.a. The vote was as follows: City Council Regular Meeting Minutes October 25, 2018 Page 10 of 36 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2018 ANNUAL WATERLINE REHABILITATION PROJECT FOR YEAR 2 WITH SKE CONSTRUCTION LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO1100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 4 of the Code of Ordinances, Baytown, Texas, relating to the on -premise use of devices or any other items intended to provide sexual stimulation or sexual gratification. Municipal Court Prosecutor, Mike Gamer presented the agenda item and stated that the proposed amendments would prohibit the use of such devices or objects for entertainment at such businesses, as well as, regulate the display and accessibility. Additionally, he stated that a violation of the ordinance allows the City to revoke the permit or authorize the city attorney to enjoin the operation of the business. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 13,905, regarding agenda item 6.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes October 25, 2018 Page Il of36 ORDINANCE NO. 13,905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 4 "ADULT COMMERCIAL ESTABLISHMENTS," ARTICLE II "SEXUALLY ORIENTED COMMERCIAL ENTERPRISES," DIVISION 1 "GENERALLY, SECTION 4- 26 "DEFINITIONS" AND SECTION 4-29 'PROHIBITED ENTERPRISES," DIVISION 2 'PERMITS," SECTION 4-58 "APPLICATION," SUBSECTION (D)(7), SUBSECTION (E), AND SUBSECTION (F)(4)A, AND SECTION 4-62 "ISSUANCE OR DENIAL," SUBSECTION (E)(1)B.10, DIVISION 3 "OPERATING REGULATIONS," SECTION 4-87 "ADDITIONAL REGULATIONS FOR ADULT MOTELS," SUBSECTION (C), SECTION 4-88 "REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS," AND SECTION 4-92 "ENTERPRISE OPERATING RESTRICTIONS," SUBSECTIONS (A)(4), (5), AND (18) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, RELATING TO THE ON -PREMISES USE OF DEVICES OR ANY OTHER ITEMS INTENDED TO PROVIDE SEXUAL STIMULATION OR SEXUAL GRATIFICATION; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Professional Service Agreement with fundey- Horn and Associates, Inc., for the Garth Road Widening Project. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,906, authorizes a Professional Service Agreement with Kimley-Hom and Associates, Inc., for surveying and environmental services, design, and right-of-way services necessary for the Preliminary Engineering Report for the Garth Road Widening Project in an amount not to exceed $715,083. He noted that this project has two major intersections: (1) 1-10 to Baker Road and (2) Baker Road to Highway 146. He further noted the northern section would receive additional lands; whereas, the southern section would not. Mr. Pmtrana stated that the scope of the work includes putting the drainage underground, relocating utilities as necessary, raising the medians, and overall improvements to the intersection as necessary. Additionally, he stated that any rights -of - way acquisitions would be included as necessary and noted that sidewalks would also be included. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 13,906, regarding agenda item 6.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley City Council Regular Meeting Minutes October 25, 2018 Page 12 of 36 Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,906 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR PRELIMINARY DESIGN SERVICES ASSOCIATED WITH THE GARTH ROAD WIDENING PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTEEN THOUSAND EIGHTY-THREE AND NO/100 DOLLARS ($715,083.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance establishing the City of Baytown's 2018-19 Tourism Partnership Grant Program allocations. Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that each year the tourism division accepts applications for this grant program for which the procedures were adopted by council in the year 2012. He stated that Texas Tax Code allows for a portion of the Hotel Occupancy Tax (HOT) fund revenues to be awarded to qualifying non-profit organizations and that the applications for FY 2018-19 were due on or by September 14, 2018. He noted that of the thirteen applications eleven returned from last year. He stated that all the following thirteen applicants qualified to receive funding, which totaled to the amount of $87,500. 2018-19 Funding Recommendations: Organization Event Amount Art League of Baytown Culture of Tea, Jan 2019 $5,900 Art League of Baytown International Photography Exhibit, Jul I -Aug 31, 2019 $4,600 Art League of Baytown Regional Art Show, Feb 26-Mar 2, 2019 $1,500 Baytown Family YMCA Gator Ride, Mar 2, 2019 $2,800 Baytown Historical Preservation Association Historical Preservation Project, Bert Brown House $5,500 Baytown Little Theater Summer Musical, Jul 26-28 and Aug2A, 2019 $10,000 Baytown Youth Fair and Rodeo Concert and Rodeo, May 3-4, 2019 $10,000 Highlands Sports Association Basketball Tournaments, Apr 19-21 & Aug9-11, 2019 $11,000 Historic Baytown's Arts, Culture, and Entertainment Council ACE District) Christmas on Texas Avenue and Concert, Dec 8-9, 2018 $5,200 City Council Regular Meeting Minutes October 25,2018 Page 13 of36 Lee College's Performing Arts Center The Nutcracker Ballet, Dec 14-16, 2019 $8,000 Project Blue I Jail Break Run, Feb 23, 2019 $10,000 Promise Center Eastern Rim Funny Book and Vintage Con, Apr 13-14, 2019 $10,000 Texas Nonprofit Theatres TEXFest Annual Conference, Mar 13-17, 2019 $3,000 Total Recommended Grant Allocations $87,500 Further during the presentation, Mr. Woolery stated that the two (2) applicants that did not return from last year were the Bayou Bowl and the Vietnam Veterans of America, but further noted that they plan to return in the future. He stated that the Texas Non Profit Theaters and the Lee College Performing Arts Center would be returning with different events. He stated that there would be three (3) new visual arts event provided by the Art League and the Promise Center, in which this year is the Promise Center's first time applying for such grant. Mr. Woolery noted that there was a change to the Highlands Sports Association (HSA) plans of hosting two (2) tournaments in Baytown, whereas, the August tournament would be a special needs tournament. Council Members Johnson and Alvarado recused themselves from this agenda item due to a conflict of interest of being involved with their respective participating applicants. It was further inquired as to how the vote would be impacted due to the fact that they recused themselves. For clarity purposes, Assistant City Attorney, Karen Homer stated that it takes the majority of those qualified to vote. Jerry Shafer, Walter Strickland, Veronique Tran, Marsha Landers, Steve Knight, Karen Knight, Jim Zaruba Jr., Kim Martin, Mike Dean, Berry Gonzales, and Chuck Chatham all registered to speak regarding agenda item 6.d. All of the registered speakers expressed appreciation to the City of Baytown for considering their organization's respective events for funding support. Mr. Shafer represented the Promise Center and noted that their event is free admission and extended an invitation for all to attend. Mr. Walter Strickland noted that the City of Baytown's advertisement would be presented on all of their outgoing publicity notices, for the Nutcracker event that will be performed at the Lee College Performing Arts Center. Ms. Veronique Tran, the new Vice President of Instructions, extended an invitation to the events held at the Performing Arts Center. Ms. Marsha Landers stated that in the year 2018, the Art League of Baytown celebrated its tenth year on 110 West Texas Avenue made possible through the support they received from the City of Baytown and further noted that they would host a month long event during January 2019, with events scheduled for every weekend. Steve and Karen Knight represented the Art League of Baytown's International Photography event. Mr. Knight noted that the event is year round and Baytown would be the first stop to host City Council Regular Meeting Minutes October 25,2018 Page 14 of 36 in the year 2019. Mrs. Knight noted that the grant funds that they receive allow them to promote the visual arts and keep the league active in the area. Mr. Jim Zaruba stated that the jailbreak run event would be in its ninth year and noted that last year there were runners from 14 different states, but his goal this year is to have runners from at least 25 different states. Mr. Kim Martin, a representative of the Texas Nonprofit Theatres, stated that Baytown has become a very important destination for their organization and that 12 theatres from around the state of Texas would be performing at the Lee College Performing Arts Center for their TEXFest Annual Conference. Mike Dean stated that the Highlands Sports Association (HSA) offers basketball, softball, baseball, and special needs softball. He stated that they added an additional event from last year and plan to host two (2) tournaments, in which they requested additional funding for such, if possible. Chuck Chatham, Vice President of the Baytown Historical Preservation Association noted that Bert Brown served on the first Goose Creek School Board from 1919-1923 and the Bert Brown House is used to some extent to include being the venue where the association hosts its Christmas parties. Additionally, he stated that the house has lots of Baytown history involved with it and the association has other historical houses on display. Council Member Betancourth inquired as to how would the request from HSA for additional funding affect the current vote. In response to Council Member Betancourth's inquiry, Mr. Woolery stated that due to staff finding out about the new event on the day of this meeting, his recommendation would be to exclude HSA to allow staff time to converse with them further and provide the updated funding amount to Council afterwards. A motion was made by Council Member Chris Presley and seconded by Council Member Heather Betancourth approving Ordinance No. 13,907, regarding agenda item 6.d. A motion was made by Council Member Chris Presley and seconded by Council Member Heather Betancourth approving to amend Ordinance No. 13,907, regarding agenda item 6.d. and exclude Highlands Sports Association (HSA). A motion was made by Council Member Chris Presley and seconded by Council Member Heather Betancourth approving the amendment to Ordinance No. 13,907, regarding agenda item 6.d., which excludes Highlands Sports Association (HSA). The vote was as follows: Ayes: Mayor Stephen DonCados, Council Member Heather Betancourth, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes October 25, 2018 Page 15 of 36 Other: Mayor Pro Tern Charles Johnson (Abstain), Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent), Council Member Laura Alvarado (Abstain) Approved ORDINANCE NO. 13,907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S 2018-19 TOURISM PARTNERSHIP GRANT PROGRAM ALLOCATIONS; AUTHORIZING THE EXPENDITURE OF SUCH ALLOCATIONS IN THE AMOUNT OF SEVENTY-SIX THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($76,500.00) SUBJECT TO THE RECIPIENT'S EXECUTION OF A TOURISM PARTNERSHIP GRANT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. FRIENDSWOOD DEVELOPMENT COMPANY a. Consider a resolution granting the consent for the inclusion of an additional 13.86 acres within the extraterritorial jurisdiction of the City of Baytown into Harris County Municipal Utility District No. 213-A. b. Consider an ordinance authorizing the First Amendment to the Development Agreement with Friendswood Development Company. City Attorney, Ignacio Ramirez presented the agenda items 7.a. and 7.b. together. He stated that on January 11, 2018, the City Council adopted Resolution No. 2507, which granted consent to the creation of Hams County Municipal Utility District No.213-A (the "District") to be developed by Friendswood Development Company in accordance with a development agreement. He stated that since such time, Friendswood Development Company has acquired an additional 13.86 acres adjacent to the property subject to such agreement; therefore, Resolution No. 2547 authorizes the inclusion of the 13.86 acres into the District and Ordinance No. 13,908, regarding agenda item 7.b., amends the agreement in order to include the additional 13.86 acres. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Resolution No. 2547, regarding agenda item Ta. and Ordinance No. 13,908, regarding agenda item 7.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes October 25, 201 g Page 16 of 36 Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved RESOLUTION NO. 2547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 13.86 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, INTO HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,908 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 DEVELOPMENT AGREEMENT WITH FRIENDSWOOD DEVELOPMENT COMPANY FOR THE DEVELOPMENT OF AN ADDITIONAL 13.86 ACRES OF LAND ADJACENT TO THE PROPERTY CURRENTLY SUBJECT TO THE DEVELOPMENT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. a. Consider a resolution authorizing the City to submit a grant application in response to the Houston -Galveston Area Council FY2019 - 2022 Transportation Improvement Program (TIP) call for projects. Traffic Engineer, Matthew Johnson presented the agenda item and stated that Resolution No. 2548 authorizes the City to submit applications to the Houston -Galveston Area Council (H- GAC) for the 2019-2022 Transportation Improvement Program (TIP). Additionally, he stated that the TIP requires a commitment of funding from the applying agency and that the City of Baytown applied for the following six (6) projects: FY2019 - 2022 TIP Budget Project 80% TIP 20% Match Project Total Garth Road Raised Medians $1,240,000 $310,000 $1,550,000 Texas/Market/Lee/Decker Intersection Improvements $880,000 $220,000 $1,100,000 Baker at Garth Intersection Improvements $2,640,000 $660,000 $3,300,000 IH-10 EB ramp reversal $3,520,000 $880,000 $4,400,000 City Council Regular Meeting Minutes October 25, 2018 Page 17 of 36 Rollin brook Drive reconstruction $2,400,000 $600,000 1 $3OOQ000 Cedar Ba ou Crossin $60,000,000 $15,000,000 $75:000,000 Additionally, Mr. Matthew Johnson noted that the determination of the approval of these submittals would be sometime during the month of March. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley approving Resolution No. 2548, regarding agenda item 8.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved RESOLUTION NO. 2548 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 HOUSTON- GALVESTON AREA COUNCIL (H-GAC) FOR THE FY2019-2022 TRANSPORTATION IMPROVEMENT PROGRAM; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED SEVENTEEN MILLION SIX HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($17,670,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2018. Finance Director, Wade Nickerson presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2018 and stated that the Finance Committee met on Tuesday, October 23, 2018, for a detailed review and analysis of these reports. He stated that the year ended with the sales tax collections being just over a 9% increase from the prior year. With regards to revenues, Mr. Nickerson stated that the general fund along with the water and sewer fund met budget expectations. He stated that the aquatics fund came in under budget, City Council Regular Meeting Minutes October 25, 2018 Page 18 of 36 because of the substantial budget increase and further noted that it's revenues came in higher than the previous year, as well as, surprised the previous year's ticket sales. Mr. Nickerson stated that the hotel/motel fund revenues were collected at 153% as expected and noted that the sanitation collections are received in the rears, but once the accruals were complete it would be slightly over budget. Regarding expenditures, Mr. Nickerson stated that the general and aquatics funds both met budget expectations. He stated that the hotel/motel fund had money available for the hotel convention center that was not spent yet, which is the reason that the budget percentage was low. He stated that the water and sewer fund was at 100% and the sanitation fund was at 94% of budget. He further noted that because of being billed in the arrears, the sanitation fund would be right at 99% of budget. Additionally, Mr. Nickerson stated that the last quarter ended with 2.2% investment yield. 10. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Heather Betancourth approving consent agenda items 10.a. through 10.z. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Hhnsel (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Rubiales Consulting, Inc. ORDINANCE NO. 13,909 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 RUBIALES CONSULTING, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Mewing Minutes October 25, 2018 Page 19 of 36 It. Consider an ordinance authorizing an Industrial District Agreement with Wal-Mart Stores East, LP. ORDINANCE NO. 13,910 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 WALrMART STORES EAST, LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an Industrial District Agreement with LS Energy Properties, LLC. ORDINANCE NO. 13,911 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 LS ENERGY PROPERTIES, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 2, LLC. ORDINANCE NO. 13,912 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 AMERIPORT BUILDING 2, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an Industrial District Agreement with Rail Logix Ameriport, L.L.C. ORDINANCE NO. 13,913 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 RAIL LOGIX AMERIPORT, L.L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 25, 2018 Page 20 of 36 I. Consider an ordinance amending Chapter 2 "Administration," Article IV 'Boards and Commissions," Division 10 'Board of Adjustment," Section 2-542 "Composition; terms" of the Code of Ordinances, Baytown, Texas, to add an alternate member to the Board of Adjustment to serve in the absence of a regular member. ORDINANCE NO. 13,914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION 10 'BOARD OF ADJUSTMENT," SECTION 2-542 "COMPOSITION; TERMS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT TO SERVE IN THE ABSENCE OF A REGULAR MEMBER; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance awarding the Pruett Estates Pipebursting Project to Texas Pride Utilities, LLC. ORDINANCE NO. 13,915 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEXAS PRIDE UTILITIES, LLC, FOR THE PRUETT ESTATES PIPEBURSTING PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TEXAS PRIDE UTILITIES, LLC, FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF TWO HUNDRED SIXTY-THREE THOUSAND EIGHT HUNDRED AND NO1100 DOLLARS ($263,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider authorizing Change Order No. 9 to the San Jacinto Blvd. Phase 1 Project with Angel Brothers Enterprises, LLC. ORDINANCE NO. 13,916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 9 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE SAN JACINTO BLVD PHASE 1 PROJECT, DECREASING THE CONTRACT AMOUNT BY SIXTY-NINE THOUSAND SEVEN HUNDRED FIFTY AND NO1100 DOLLARS ($69,750.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 25, 2018 Page 21 of 36 I. Consider an ordinance authorizing the Fence Agreement for the San Jacinto Boulevard Project with Gulf Equities Realty Advisors, Inc. ORDINANCE NO. 13,917 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A FENCE AGREEMENT FOR THE SAN JACINTO BOULEVARD PROJECT WITH GULF EQUITIES REALTY ADVISORS, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY-NINE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($69,750.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance to award the Annual Water Meter Valve Replacement Contract to SKE Construction, LLC. ORDINANCE NO. 13,918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SKE CONSTRUCTION, LLC, FOR THE ANNUAL WATER METER VALVE REPLACEMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of seven (7) 2019 Ford Trucks from Silsbee Ford, through Houston -Galveston Area Council (H-GAC) for the Public Works Department ORDINANCE NO. 13,919 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THIRTY- FOUR THOUSAND THREE HUNDRED THIRTY-SEVEN AND NO1100 DOLLARS ($234,337.00) TO SILSBEE FORD, THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF SEVEN (7) 2019 FORD TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the purchase of emergency equipment for the 2019 Police units from Fleet Safety Equipment Inc., through the Texas Local Government Purchasing Cooperative (BuyBoard). City Council Regular Meeting Minutes October 25, 2018 Page 22 of 36 ORDINANCE NO. 13,920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY- FOUR THOUSAND FIVE HUNDRED TWENTY-NINE AND 59/100 DOLLARS ($124,529.59) TO FLEET SAFETY EQUIPMENT, INC., FOR THE PURCHASE AND INSTALLATION OF POLICE EMERGENCY EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, LIGHT BARS, PRISONER PARTITIONS/SEATS, SIREN SPEAKERS/CONTROL SYSTEMS, AND EMERGENCY LIGHTING, FOR NEW POLICE VEHICLES, 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 the purchase of nine (9) Dodge vehicles from Dodge City of McKinney through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 13,921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FIFTEEN THOUSAND FOUR HUNDRED FORTY-TWO AND NO/100 DOLLARS ($215,442.00) TO DODGE CITY OF MCKINNEY, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF NINE (9) DODGE VEHICLES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the purchase of twelve (12) Chevrolet Tahoe Police Patrol Vehicles from Reliable Chevrolet through the Tarrant County Cooperative Agreement. ORDINANCE NO. 13,922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED ONE THOUSAND SEVEN HUNDRED FOURTEEN AND 28/100 DOLLARS ($401,714.28) TO RELIABLE CHEVROLET FOR THE PURCHASE OF TWELVE (12) 2019 CHEVROLET TAHOE POLICE PATROL VEHICLES FOR THE POLICE DEPARTMENT, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 25, 2018 Page 23 of 36 o. Consider an ordinance authorizing payment for the second year of the Annual Residential Solid Waste Collection, Disposal, and Recycling Services Contract with Waste Management of Texas, Inc. ORDINANCE NO. 13,923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR MILLION SEVEN HUNDRED FIFTY-EIGHT THOUSAND EIGHTY-SEVEN AND 84/100 DOLLARS ($4,758,087.84) TO WASTE MANAGEMENT OF TEXAS, INC., AS THE COST FOR CURBSIDE RECYCLING AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire." ORDINANCE NO. 13,924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance approving an amendment to the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2018-19 Budget in order to transfer monies from Contingency/New Initiatives to Machinery & Equipment in order to purchase fire props for the Baytown Fire Training Facility. ORDINANCE NO. 13,925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO 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. r. Consider an ordinance approving an amendment to the Baytown Fire Control, Prevention, and EMS District's Fiscal Year 2017-18 Budget in order to reclassify budgeted funds. City Council Regular Meeting Minutes October 25, 2018 Page 24 of 36 ORDINANCE NO. 13,926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2017-18 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. S. Consider an ordinance authorizing the sole source purchase of four (4) Stryker Power Load Systems from Stryker Medical for the front -Rue ambulances for the Baytown Fire Department. ORDINANCE NO. 13,927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY-FIVE THOUSAND SIX HUNDRED NINETY-EIGHT AND 92/100 DOLLARS ($95,698.92) TO STRYKER MEDICAL FOR THE SOLE -SOURCE PURCHASE OF FOUR (4) STRYKER POWER LOAD SYSTEMS FOR THE FRONT-LINE AMBULANCES FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider an ordinance authorizing the purchase of one (1) Frazer Ambulance from Frazer, Ltd. through the Houston -Galveston Area Council (H-GAC) for the Baytown Fire Department. ORDINANCE NO. 13,928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THIRTY- ONE THOUSAND FOUR HUNDRED FORTY AND 61/100 DOLLARS ($231,440.61) TO FRAZER, LTD., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2018 FORD F-450, DIESEL CHASSIS AND FRAZER TYPE 1 14' MODULE FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance authorizing the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations, Grito Fest for 2019, and other small events. City Council Regular Meeting Minutes October 25, 2018 Page 25 of 36 ORDINANCE NO. 13,929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TEXAS SOUNDS ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATIONS, GRITO FEST, AND OTHER SMALL EVENTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-TWO THOUSAND AND NO/100 DOLLARS ($172,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas Local Government Purchasing Cooperative (BuyBoard), for construction of a concrete parking lot at JC Hollaway Park and at Pirates Bay Water Park. ORDINANCE NO. 13,930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED THIRTY- ONE THOUSAND FOUR HUNDRED TWENTY AND NO/100 DOLLARS ($431,420.04) TO KRAFTSMAN, L.P., FOR THE CONSTRUCTION OF A CONCRETE PARKING LOT AT JC HOLLAWAY PARK AND AT PIRATES BAY WATER PARK THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. W. Consider an ordinance approving an expenditure through the Texas Local Government Purchasing Cooperative (BuyBoard) with Progressive Commercial Aquatics, Inc., for slide refinishing at Pirates Bay Water Park and Calypso Cove. ORDINANCE NO. 13,931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY- SEVEN THOUSAND SIXTY-SEVEN AND NO/100 DOLLARS ($157,067.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR SLIDE REFINISHING AT PIRATES BAY WATER PARK AND CALYPSO COVE, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 25, 2018 Page 26 of 36 X. Consider a joint resolution requesting that the members of the 86th Legislative Session of the State of Texas to support legislation that provides for (i) stewardship, health and well-being, and connectivity for local and state parks, (if) a fair and equitable distribution of the sporting goods sales tax revenue for local and state parks, and (iu) all funding for Texas Recreation & Parks Account and Urban Account Projects be subject to the established Texas Parks & Wildlife Department competitive scoring system. RESOLUTION NO. 2549 A JOINT RESOLUTION OF THE PARKS AND RECREATION BOARD OF THE CITY OF BAYTOWN, TEXAS, AND THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE MEMBERS OF THE 86TH LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT PROVIDES STEWARDSHIP, HEALTH AND WELL- BEING, AND CONNECTIVITY FOR LOCAL AND STATE PARKS AS WELL AS LEGISLATION THAT PROVIDES A FAIR AND EQUITABLE DISTRIBUTION OF THE SPORTING GOODS SALES TAX REVENUE FOR LOCAL AND STATE PARKS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Y. Consider a resolution authorizing the City Manager to submit a grant application for the Texas Hurricane Harvey (DR-4332) CDBC-Disaster Recovery (DR) - Round 1 Non- Housing/Infrastructure program to Harris County in response to their Request for Proposal. RESOLUTION NO.2550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO HARRIS COUNTY FOR THE TEXAS HURRICANE HARVEY (DR4332) COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY - ROUND 1 NON-HOUSING/INFRASTRUCTURE PROGRAM FOR THE EAST WASTEWATER TREATMENT PLANT; DESIGNATING AN AUTHORIZED REPRESENTATIVE FOR PURPOSES OF REPRESENTING THE CITY FOR ALL PURPOSES ASSOCIATED WITH THE APPLICATION; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM AND TO EXECUTE ANY RESULTING RESERVATION SYSTEM PARTICIPATION AGREEMENT; AUTHORIZING LOCAL MATCH IN THE AMOUNT OF THREE HUNDRED FORTY-ONE THOUSAND ONE HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($341,174.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 25, 2018 Page 27 of 36 Z. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston -Galveston Area Council for the year 2019. RESOLUTION NO. 2551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON- GALVESTON AREA COUNCIL FOR THE YEAR 2019; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. APPOINTMENTS a. Confirm the City Manager's appointment of the City of Baytown Public Affairs Director. City Manager Davis presented the agenda item to allow the Council to confirm his appointment of Mr. Mark Miller as the Public Affairs Director for the City of Baytown. Mr. Miller's resume was attached to the agenda for review and consideration. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Charles Johnson approving City Manager Davis's appointment of Mr. Mark Miller, as the City of Baytown Public Affairs Director. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved b. Consider one (1) appointment to the Parks and Recreation Board. City Clerk, Leticia Brysch presented the agenda item to consider the appointment of Terry Sain to the Parks and Recreation Board to complete the expired tern of Mr. Hunt. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley approving the appointment of Mr. Terry Sain to the Park and Recreation Board. The vote was as follows: City Council Regular Meeting Minutes October 25, 2018 Page 28 of 36 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved 12. MANAGER'S REPORT City Manager Davis recognized Tiffany Foster, Director of Planning and Community Development and Linda Newsted, Engineer Coordinator for accomplishing the Black Belt status. He also acknowledged Carla Hommel, Contract Administrator for achieving the Certified Texas Contractor Developer and Certified Texas Contractor Manager Designations, which are the two (2) of the highest recognitions in the state of Texas. He noted that Mr. James Springer expressed appreciation to the public works crew of Hanchal Small, Roy Gonzalez, Yorel Stanley, Kedrick Williams, Andrew Lopez, Reggie Williams, and Rolston Henry for their quick response of the removal of tree that blocked off a street, as well as, fell onto his property. City Manager Davis acknowledged Ferdinand Henley and Brian Helm for demonstrating the core value of caring to a person that appeared to be homeless. He further noted that the City of Bellaire expressed their appreciation to Alisha Segovia, Rachel Martinez, Lloyd Lively and Lettie Brysch for showing them around the City of Baytown's agenda program and processes, as well as, the public information program and recording system in the council chamber. City Manager Davis stated that the national night out events were threatened to derail due to the influx of mosquitos in this area, but the health department's mosquito abatement team sprayed the participating sites and the citizens were please as they voiced thew appreciation of such. Additionally, he acknowledged Angela Jackson for exemplifying kindness, knowledge and willingness to help, in which this comment was mentioned to Council Member Johnson from another staff person and mayor of a neighboring community. a. The Environmental Protectors Initiating Change (EPIC) Spooktacular will be held at the Eddie V. Gray Wetlands Education Center on Saturday, October 27, from 6:00 P.M. to 9:00 P.M. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the EPIC Spooktacular event would be held at the Eddie V. Gray Wetlands Education Center on Saturday, October 27, from 6:00 P.M. to 9:00 P.M. for an admission fee of $5. b. The Annual Heritage Scaritage Festival will be held at the Republic of Texas Plaza on Saturday, October 27, 2018, from 10:00 A.M. to 4:00 P.M. City CouncLI Regular Meeting Minutes October 25, 2018 Page 29 of 36 Mr. Scott Johnson stated that the Baytown Historical Preservation Association would host its annual Heritage Scaritage Festival, at the Republic of Texas Plaza on Saturday, October 27, 2018, from 10:00 A.M. to 4:00 P.M. C. The "Be Well Baytown Day" will be held on Saturday, November 03, 2018, from 9:00 A.M. - 12:00 P.M. at the Ross S. Sterling High School Parking Lot, 300 W. Baker Road. Mr. Scott Johnson stated that the "Be Well Baytown Day" would be held on Saturday, November 03, 2018, from 9:00 A.M. - 12:00 P.M. at the Ross S. Sterling High School Parking Lot, 300 W. Baker Road. Additionally, he noted that the free event is sponsored by MD Anderson Cancer Center and ExxonMobil. Mr. Woolery noted that the ribbon cutting for San Jacinto Boulevard was scheduled for Tuesday, October 30, 2018. 13. 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 regarding pending litigation involving the City of Baytown. b. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to see the advice of the City's attorneys on competitive procurement matters. At 9:02 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 regarding pending litigation involving the City of Baytown and the competitive procurement matters. At 10:26 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. 14. TOWING AND STORAGE SERVICES a. Consider an ordinance accepting the bid of Baytown Wrecker Service, Inc., for Towing and Storage Services and authorizing Addendum No. 1 to remove language regarding a rotation process. Bryan Mourfield, David Kostka, Robert Kostka, Jesse Olivares, Tanya Kostka, Robert Kelley, Kameron Price, Cheryl Kelley, Don Graham, Suyen Arana, Frank McClosky, Lee Bates, Calvin Mundinger, Issa Khoury, Kevin Garrett, David McCartney all registered to speak regarding agenda item 14.a. City Council Regular Meeting Minutes October 25, 2018 Page 30 of 36 Robert Kostka and Tonya Kostka deferred their speaking time to David Kostka Jesse Olivares and Robert Kelley deferred their time to Kameron Price. Cheryl Kelley defected her time to Don Graham. Mr. Calvin Mundinger was not present when called upon to speak. Kevin Garrett deferred his time to David McCartney Mr. Bryan Mourfield of Lindsey's Wrecker Service stated that he protest the consideration of Baytown Wrecker Service, also known as, Baytown Collision Center as they have bad business practices and further requested that council not approve their bid. Additionally, he provided Council with copies of the entity's negative social media reviews, as well as, their Better Business Bureau's "BBB" rating of a D+. Mr. David Kostka stated that in his belief the reason many of the other wrecker services did not submit a bid was due to the fact that at the instruction meeting they were told that they were in violation of charging a $50 notification fee and a $20 impound fee. He noted that to his understanding the City did not regulate storage lots and further noted that those charges were state regulated which helps cover the expense of the storage facility having to send notifications to registered owners and end holders. Mr. Kostka stated according to the application bid of Baytown Wrecker Services the property was grandfathered in while under the ownership of Kenneth Hammers, in which he was doing storage lot when the city annexed the property. He noted that to his knowledge of grandfathering is that if there were any changes all of the current regulations were to be followed; therefore, the property would have to be zoned Light Industrial (LI) or Heavy Industrial (HI), in which this property is zoned as General Commercial (GC). Additionally, he stated that the owner is in violation with where the property is currently with the change as it is no longer grandf rthered. Council Member Presley inquired if staff could address the zoning concern mentioned by Mr. Kostka. Mr. Ramirez stated that Mr. Kostka brought this to his attention and he investigated such concern, whereas, they reviewed online maps, the maps provided by Mr. Kostka, and discussed with the planning department. Mr. Ramirez stated that the additional property was outside of the city limits when it was being used for a storage yard, so it was also grandfathered in and further noted that it was not annexed into the city until afterwards in the year 2017. Mr. Ramirez noted that the property is in the wrong zoning, but the whole property is grandfathered in and is a nonconforming use. During further discussion, Mr. Kostka stated that the property was being used under Kenneth Paint and Body approximately three (3) years prior to the current meeting and inquired as to how was this property a city lot prior to being annexed. Mr. Ramirez stated that the property was not in the city prior to being annexed in 2017. Mrs. Brysch noted that the vehicle storage facility "VSF" was in place according to the City's inspectors and had a complaint been submitted to the City Council Regular Meeting Minutes October 25,2018 Page 31 of 36 City Clerk's office it would have been dealt with accordingly, but the City Clerk's office was unaware at that time of any expansion. For clarity purposes, Mr. Ramirez noted the triangular portion of the property that fronts North Main was grandfathered into the City and the portion that's not fronted on North Main was the portion that they started to use in the year 2016, but it was not annexed until the year 2017 and is grandf ithered in also. Mr. Kostka further inquired if the applicant currently had a permit under the additional address for additional adjacent property. In response to Mr. Kostka's inquiry, Mrs. Brych stated that in the year 2017, the VSF definition was changed; therefore, the City Clerk no longer permits VSF's, but does permit junkyards. Mr. Ramirez noted that the applicant has enough space in the original tract of land to satisfy the bid. Additionally, Mr. Kostka stated that he believed there was a misinterpretation with regards to the administration charge. For clarity purposes, Mrs. Brysch explained that in the agreement it stated that the company agreed to not charge any other fees, including administrative fees, other than the ones listed in the agreement. Ms. Kameron Price of Graham's Towing read the concern of Mr. Jesse Olivares's of J&J's Towing which stated that the City's process of a single company operation doesn't give a small business owner, such as himself a chance. She further stated that for approximately four (4) years the City of Baytown has tried to revise the wrecker contract that's been in place for about 20 years, in which each attempt went from bad to worse. She stated that they've met with city staff to come up with a new proposal that would be beneficial to all parties, but it did not happen. She further stated that the lack of knowledge of the towing business, laws and requirements that the towing companies must follow caused said proposals to fail. Ms. Price stated that the current bid proposal is another example of why the towing community must be involved. She stated that the $150 tow rate has not increased in over ten (10) years, yet the cost to do business drastically changed during such time. She stated that towing companies currently on the towing rotation did not submit a bid, because the proposal is not profitable, it's unsafe, and too time consuming. She noted that the $150 wrecker fee would be reduced due to the lack of ability by the City to charge state recognized fees, the response time was reduced to 25 minutes, and they would have to be accessible from 7:00 A.M. 7:00 P.M., seven (7) days a week for 365 days. Additionally, she noted that the state has mandated hours for the towing companies to abide by. Ms. Price stated that to her understanding the City's goal is to accept bids that are in the best interest of the City and farther noted that in the year 2014, the towing Committee unanimously voted to revoke Mr. Cunningham Jr.'s permit, in which such violations does not comply with the invitation to bid guidelines. For clarity purpose, Ms. Price stated years prior to this meeting she inquired of the statement regarding no administrative/impound fees and was informed then that those fees were not going to be intended as the state recognizes, but rather a fee to be added just because they wanted it to be added; therefore, the towing community followed such clarity to the present and was unaware City Council Regular Meeting Minutes October 25, 2018 Page 32 of 36 of it being a violation until the meeting when mentioned of. Additionally, she recommended that Council deny the bid. Council Member Presley requested staff to address Ms. Price's comment regarding the bid requirements for drivers. Mr. Ramirez stated that Ms. Price's comment references Cunningham Jr. who was suspended, in which he did not submit a bid, but Cunningham Sr. did submit a bid, in which he's never been on the rotation or suspended. Council Member Presley inquired if Cunningham Sr. had experience. Mrs. Brysch stated that in the bid it was listed as having previous experience in the towing community outside of Baytown. She further noted that the City is expected to be available to citizens during an accident whereas, the City's EMS, Police, and Fire departments respond 24 hours a day seven (7) days a week, which is the same type service requested from the towing company representing the City during a non -consent tow. Council Member Alvarado noted that the Council is tasked with making decisions for the best interest of the citizens of Baytown and the reason for the bidding process is because of the complaints from the citizens. Mayor DonCarlos inquired of Cunningham Jr.'s position and what would he not be allowed to do. Mr. Ramirez stated that Mr. Cunningham Jr. is listed as the Manager on the application. Ms. King stated that Mr. Cunningham Jr. would not be allowed as a driver until he meets the criteria. Council Member Alvarado stated she looked at the reviews that she received and five (5) of them were recent and the others were older; therefore, it's uncertain as to whether or not the complaints were corrected since that time. Mr. Ramirez stated that he received a packet with reviews and after he compiled a tally of the reviews there were actually more positive reviews than there were negative reviews. Mr. Don Graham stated that the City tried to have one (1) ambulance service, which didn't work out and further stated with regards to not charging any other fees that the IRS mandates that a tax be charged on the $20. Ms. Suyen Arms stated that she works for and is representing her mother who is the owner of Bay Area Towing. She stated that their small family owned business that consists of her mother, her brother, and herself has been in Baytown for 28 years with 20 of those years being in towing. She stated that this bid may cause them to close their doors; therefore they recommend that Council considers an alternative process beneficial to both the City of Baytown and the towing companies. Additionally, she noted that the City should hold each company accountable for their own complaints instead of the entire towing community. Mr. Frank McClosky stated that he owns Franks Collision and with his years of experience body shop painting, he doesn't see how one (1) company will be able to service this area and further City Council Regular Meeting Minutes October 25, 2018 Page 33 of 36 noted that although he's not in the towing community more discussion should be made with such regards in order to do what's best for the citizens. Mr. Lee Bates stated that in his opinion the bid process is a bad system and something must be wrong with the packet when there were two (2) bids with only one (1) responding bidder. Additionally, he stated that Council should reconsider the bid process. Mr. Issa Khoury stated that he represents Sammy's Towing as the Manager and also District Towing, as well as, is the owner of Auto District in Baytown. He stated that there was a vehicle on his car lot that was wrecked and sent to Baytown Towing which within five (5) days his bill was approximately $1,400. He stated that he was able to contact his insurance company to collect the vehicle, but noted that someone else may not be able to so. Additionally, he noted that for five (5) days storage fees should not be that excessive and that he does not agree with not being able to charge state imposed fees. Mr. David McCartney stated this is not the type of RFP process he proposed and that there should not be a set rate established. He stated that the only way this company is going to make money is by steering the vehicles to their body shop which is not what's best for the citizens. Additionally, he stated that this process should be reconsidered to allow more companies to bid and adjust the bid for more flexibility on the fees for profitability. Council Member Betancourth requested Police Chief Dougherty's opinion with regards to safety concerns having one (1) towing company. Chief Dougherty stated that Ms. King would respond to Council Member Betancourth's request. Ms. King stated that she contacted dispatch with regards to such question to bring before the evaluation committee and she received a print out of all incident management tows for the past year and within that time period there were never more than 20 tows in a day. She noted that the communications supervisor was included in the evaluation meeting and had no concems with one (1) towing company servicing the City. Ms. King stated that there would be another bid for backup purposes although staff believes that this company has the capacity to handle his job, in which the company has more capacity than the City was anticipating having gone with in-house towing. With regards to the issue with the arrival time for the tow companies being 25 minutes or less, Ms. King stated that majority of tow companies arrival times were typically between 15-25 minutes. In an effort to address a comment that this process was being rushed, Council Member Betancourth inquired how long this process has been going on since the time of communicating with the towing community to present. In response to Council Member Betancourth's inquiry, Ms. King stated that this process has been going on for 3 1/2 years. Council Member Presley noted that he had a hard time going to one (1) company, especially one with unknown experience and stated that he believes it would be a mistake to accept the bid of the considering entity with a D+ credit rating with the Better Business Bureau with no track record. Additionally, he noted that if another bid is done there should be consideration of increasing the $150 fee and recommended that this process be revisited one (1) final time. City Council Regular Meeting Minutes October 25, 2018 Page 34 of36 Council Member Johnson stated it is uncertain as to whether the towing community will collude being that their track record has shown that they've done it twice even after being told not to do so and further noted that Council should consider such behavior if considering another bid opportunity. Council Member Betancourth stated that although she agrees that the new rules are stringent they're not illegal or unethical. She noted that the rules do not apply to all towing business that the towing companies may obtain throughout the city, but does apply when the City of Baytown is the customer and making the call for a tow. She further stated that if the company breaks the rules of the contract they will be terminated from the contract, which will then open up and allow for other companies to bid. Additionally, she noted that she has no logical reason to deny the contract between Baytown Wrecker Service and the City of Baytown. Council Member Alvarado noted that Council provided a fair opportunity for the towing community to submit bids. With regards to the $150 fee that has not changed in ten years, Mr. Ramirez stated that as a directive from Council, fees we done based on the average from comparisons of the neighboring communities with Baytown remaining in the middle, in which the $150 is sufficient. Mrs. Brysch noted that the City of Baytown's fee was higher than the surrounding community's fee. In closing, Mayor DonCarlos stated that the towing committee did not do themselves a favor by not responding to the bid process and the time to express concerns about the bid packet or the RFP was during the pre -bid process. He stated that he would not be in favor of choosing one (1) towing company particularly one with a body shop. He stated that his preference would be to find a suitable agreement, whereas if a complaint was received that the towing company would then be removed off the list. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Heather Betancourth approving Ordinance No. 13,932, regarding agenda item 14.a. The vote by a show of raising their right hand was as follows: Ayes: Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth Nays: Mayor Stephen DonCarlos, Council Member Chris Presley Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes October 25, 2018 Page 35 of 36 ORDINANCE NO. 13,932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN WRECKER SERVICE, INC., FOR TOWING AND STORAGE SERVICES; AUTHORIZING AN ADDENDUM RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance accepting the bid of Dan Wheeler Wrecker Service, Inc., for Heavy Duty Towing and Storage Services and authorizing Addendum No. I to remove language regarding a rotation process. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Charles Johnson approving Ordinance No. 13,933, regarding agenda item 14.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tom Charles Johnson, Council Member Laura Alvamdo, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DAN WHEELER WRECKER SERVICE, INC., FOR HEAVY-DUTY TOWING AND STORAGE SERVICES; AUTHORIZING AN ADDENDUM RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 15. ADJOURN A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Charles Johnson adjourning the October 25, 2018, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Charles Johnson, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley City Council Regular Meeting Minutes October 25, 2018 Page 36 of 36 Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member David Himsel (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the October 25, 2018, City Council Regular Meeting at 11:43 P.M. p R.P.N 4 Leticia Brysch, City Clerk t^e �"�-- City of Baytown"•: