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2018 12 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 13, 2018 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, December 13, 2018, at 6:36 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 Chris Presley Council Member Heather Betancourth Council Member Brandon Capetillo Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the December 13, 2018, City Council Regular Meeting with a quorum present at 6:36 P.M., all members were present with the exception of Council Member Himsel who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on September 27, 2018. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Charles Johnson approving the September 27, 2018, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) City Council Regular Meeting Minutes December 13, 2018 Page 2 of 17 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Michael Palmer requested to appear before the Council regarding the need for bike lanes in the City of Baytown. Mr. Michael Palmer stated that bike lanes are needed in the City of Baytown as it's difficult for pedestrians and bikers to share lanes. Additionally, he noted that this would enhance mobility and promote good health and fitness. b. Presentation of the Police Purple Heart Medal to Officer Rooming Bi. Police Chief, Keith Dougherty presented to Officer Rooming Bi the Police Purple Heart Medal for his service on September 29, 2018. Chief Dougherty stated that Officer Bi made contact with an intoxicated driver who was passed out behind the wheel of his vehicle with his foot on the brake and the transmission in drive. He stated that Officer Bi entered the vehicle through the passenger door, whereas, the driver woke up and attacked him. Chief Dougherty stated that Officer Bi was able to deploy his taxer at the suspect and hold him at bay until other officers were able to respond. He further stated that Officer Bi was transported to the hospital as he sustained multiple injuries. Additionally, Chief Dougherty stated that in recognition for his bravery and willingness to risk his life in the service of the Citizens of Baytown, Officer Rooming Bi was awarded the Police Purple Heart. C. Recognize Baytown Firefighters Robert Hebert, Alfred Duran, Keith Lowell, and Aaron McNeil for their efforts in fighting the devastating California Woolsey Fire. Fire Chief, Kenneth Dobson recognized the Baytown Fire Department TIFMAS (Texas Intrastate Fire Mutual Aid System) unit along with four (4) personnel that included Firefighters Robert Hebert, Alfred Duran, Keith Lowell, and Aaron McNeil for their efforts in fighting the devastating California Woolsey Fire located in south of the Simi Valley in Ventura County. He stated that the fire burned approximately 100,000 acres, destroyed over 1,500 structures and killed three (3) people. Additionally, Chief Dobson noted that the team was deployed to southern California on November 12 and returned to Baytown on November 21. 3. VOLUNTARY ANNEXATION OF APPROXIMATELY 31.3 ACRES OF LAND a. Conduct the second public hearing regarding the proposed voluntary 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. At 6:49 P.M., Mayor Capetillo opened and conducted the second public hearing regarding the proposed voluntary 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 City Council Regular Meeting Minutes December 13, 2018 Page 3 of 17 Tompkins Road and addressed as 2015 Massey Tompkins Road, legally described as part of Tract 3, C Smith Survey, Abstract 69, Hams County, Texas. Director of Planning and Community Development, Tiffany Foster presented a summary of the agenda item which also relates to agenda item 3.b. She noted that this particular tract had a development agreement and under the new annexation laws the City could still voluntary annex land and include the types of services to be provided, which in this case was provided to Council at the first public hearing. Mrs. Foster stated that this second public hearing completes the annexation process and will be followed by the first and second readings of such annexation. Additionally, she noted that the land would automatically be zoned as Open Space Recreation (OR), but at the time when the property owner would like to develop the land for anything else other than a park, they would have to go through a rezoning process. With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed the second public hearing at 6:52 P.M. b. Consider an ordinance for the first reading of the proposed voluntary 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. Mrs. Foster presented agenda item 3.b. which was the first reading of agenda item 3.a. and stated that there would be a second reading of the same described voluntary annexation. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 13,960, regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 31.3 City Council Regular Meeting Minutes December 13, 2018 Page 4 of 17 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, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 4. PROPOSED ORDINANCES a. Consider an ordinance approving Change Order No. 3 to the Baytown Area Water Authority 6 MGD Surface Water Treatment Plant Project between the Baytown Area Water Authority and PLW Waterworks, LLC. Director of Engineering, Jose Pastrana presented the agenda item and noted that all agreement all agreements must be approved by Council before being approved by BAWA. He stated that the BAWA Board of Directors approved this change order, subject to City Council's approval, at its meeting on December 05, 2018. He stated that during a meeting with the contractor to engage them for valued engineering efforts for this project, it was agreed upon to delete the backup generator from this project in an effort to reduce costs. He stated that since then, it was determined that it was better to keep the generator in place; therefore, Change Order No. 3 restores the backup generator and its appurtenances in whole for the exact same amount that was reduced to the project value of $1,658,000. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 13,961, regarding 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 3 TO THE BAYTOWN AREA WATER AUTHORITY 6 MOD SURFACE WATER TREATMENT PLANT PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PLW WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 13, 2018 Page 5 of 17 b. Consider an ordinance awarding the Sludge and Grit Removal Project at the Central District Wastewater Treatment Plant aeration basins to Magna -Flow Environmental, Inc. Public Works Director, Frank Simoneaux presented the agenda item and stated that Ordinance No. 13,962 authorizes the award of the Sludge and Grit Removal Project to Magna -Flow Environmental, hic., in the amount of $638,844.00, to remove over 3,336 cubic yards of sludge and grit from the bottom of the aeration basins at the Central Wastewater Treatment Plant. He stated that for several years the plant operated without a grit removal system which has caused the solids to accumulate to the point that the blowers which provide air necessary for aerobic digestion of the wastewater to not function properly further causing the plant to exceed its permitted discharge levels for ammonia. Mr. Simoneaux stated that cleaning the basins would bring the plant into compliance and within the discharge limits. Additionally, he stated that a grit removal system is currently operating at the plant and future projects to remove solids should be done on a regular basis of about every four (4) years and should be less costly at that point. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,962, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 13,962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MAGNA-FLOW ENVIRONMENTAL, INC., FOR THE SLUDGE AND GRIT REMOVAL PROJECT AT THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT AERATION BASINS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MAGNA-FLOW ENVIRONMENTAL, INC., FOR THE SLUDGE AND GRIT REMOVAL PROJECT AT THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT AERATION BASINS; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF SIX HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED FORTY-FOUR AND NO/100 DOLLARS ($638,844.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 13, 2018 Page 6 of 17 5. PROPOSED RESOLUTIONS a. Consider a resolution granting consent to the inclusion of 369.706 acres out of the Christian Smith League, Abstract 22, and the Thomas Shepherd Survey, Abstract 229, Chambers County, Texas, into Chambers County Improvement District No. 1. Assistant City Attorney, Karen Homer presented the agenda item and stated that Resolution No. 2553 grants consent to the inclusion of 369.706 acres out of the Christian Smith League, Abstract 22, and the Thomas Shepherd Survey, Abstract 229, Chambers County, Texas, into Chambers County Improvement District No. I (the "District'). She stated that this property is just north of its current boundary, south of the boundary of CCID #2, and west of Highway 99. Additionally, she noted that the request was made by the Board of Directors of the District, all of the landowners along with thew lienholders. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Resolution No. 2553, regarding agenda item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved RESOLUTION NO. 2553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 369.706 ACRES OUT OF THE CHRISTIAN SMITH LEAGUE, ABSTRACT 22, AND THE THOMAS SHEPHERD SURVEY, ABSTRACT 229, CHAMBERS COUNTY, TEXAS, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution supporting the creation of the Chambers County Municipal Utility District No. 2, and providing such district the authority to impose assessments, fees, and taxes and to issue bonds. City Council Regular Meeting Minutes December 13, 2018 Page 7 of 17 Mrs. Horner presented the agenda item and stated that Resolution No. 2554 the legislation for the creation of the Chambers County Municipal Utility District No. 2 (the "MUD"). She stated that City Council will have another opportunity to discuss this matter once the legislation is created to consent to the creation of the District, in which at that time the City's requirements relative to developing and improving the land would be considered. Council Member Presley made mention that when it's time to consider the consent for the developer's agreement that the developers should provide more details regarding the mixed lot widths, as well as, the product. A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving Resolution No. 2554, regarding agenda item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved RESOLUTION NO. 2554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE PASSAGE OF A BILL RELATING TO THE CREATION OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2; GRANTING A LIMITED POWER OF EMINENT DOMAIN; PROVIDING AUTHORITY TO ISSUE BONDS; PROVIDING AUTHORITY TO IMPOSE ASSESSMENTS, FEES AND TAXES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution supporting the creation of the Chambers County Municipal Utility District No. 3, and providing such district the authority to impose assessments, fees, and taxes and to issue bonds. Mrs. Homer presented the agenda item and stated that Resolution No. 2555 also supports the legislation for the creation of the Chambers County Municipal Utility District No. 3 (the "MUD"). A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tent Charles Johnson approving Resolution No. 2555, regarding agenda item 5.c. The vote was as follows: City Council Regular Meeting Minutes December 13, 2018 Page 8 of 17 Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved RESOLUTION NO. 2555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE PASSAGE OF A BILL RELATING TO THE CREATION OF THE CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.3; GRANTING A LIMITED POWER OF EMINENT DOMAIN; PROVIDING AUTHORITY TO ISSUE BONDS; PROVIDING AUTHORITY TO IMPOSE ASSESSMENTS, FEES AND TAXES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving consent agenda items 6.a. through 6.j. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Chambers County Logistics Terminal, LP, for Building No. 8. ORDINANCE NO. 13,963 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 CHAMBERS COUNTY LOGISTICS TERMINAL, LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 13, 2018 Page 9 of 17 b. Consider an ordinance authorizing an Interlocal Agreement with Harris County Flood Control District for the maintenance of the 40-toot bridge located approximately 228 feet upstream of South Civic Drive. ORDINANCE NO. 13,964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT CONCERNING THE MAINTENANCE OF THE 40-FOOT BRIDGE LOCATED APPROXIMATELY 228 FEET UPSTREAM OF SOUTH CIVIC DRIVE, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Service Agreement with Unum Group, as the carrier/administrator for the City of Baytown's stop loss coverage. ORDINANCE NO. 13,965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICE AGREEMENT WITH UNUM GROUP AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($1,540,000.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance renewing an agreement with The Lincoln National Life Insurance Company as the carrier/administrator for the City of Baytown's long-term disability benefits. ORDINANCE NO. 13,966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL LIFE INSURANCE COMPANY AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND AND NO/100 DOLLARS ($180,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 13, 2018 Page 10 of 17 e. Consider an ordinance authorizing an agreement with Labor First LLC dba Retiree First for Retiree Medicare Supplemental Insurance under the medical carrier Humana. ORDINANCE NO. 13,967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH LABOR FIRST, LLC,D/B/A RETIREE FIRST FOR RETIREE MEDICARE SUPPLEMENTAL INSURANCE FOR THE CALENDAR YEAR OF JANUARY 1, 2019, THROUGH DECEMBER 31, 2019; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY-EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($658,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance awarding the Annual Fire Uniforms Contract with Galls, LLC, formally known as Red the Uniform Tailor, through a cooperative agreement with the City of Frisco. ORDINANCE NO. 13,968 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE ANNUAL FIRE UNIFORM CONTRACT TO GALLS, LLC, F/K/A RED THE UNIFORM TAILOR, THROUGH A COOPERATIVE AGREEMENT WITH THE CITY OF FRISCO, FOR THE PURCHASE OF FIRE UNIFORMS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND AND NO/100 DOLLARS ($65,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a service agreement with Xerox Corporation for the lease of multi -function devices. ORDINANCE NO. 13,969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY- TWO THOUSAND AND NO/100 DOLLARS ($132,000.00) TO XEROX CORPORATION FOR THE LEASE OF MULTI -FUNCTION DEVICES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the Interlocal Agreement for Emergency Services with Harris County Emergency Services District No. 75. City Council Regular Meeting Minutes December 13, 2018 Page 11 of 17 ORDINANCE NO. 13,970 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 AN INTERLOCAL AGREEMENT FOR EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. ORDINANCE NO. 13,971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2019 TAX YEAR IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($223,865.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the City Manager to Negotiate a Professional Service Agreement with Public Management for the Administration of Disaster Recovery Funding. ORDINANCE NO. 13,972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE ADMINISTRATION OF DISASTER RECOVERY FUNDING WITH PUBLIC MANAGEMENT, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($363,538.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. a. Consider the appointment of Mr. Brandon Capetillo, City of Baytown Mayor, to fill the unexpired term of former Mayor Stephen H. DonCarlos to the Baytown Municipal Development District. City Council Regular Meeting Minutes December 13, 2018 Page 12 of 17 City Clerk, Leticia Brysch presented the agenda item and considered the appointment of Mr. Brandon Capetillo, City of Baytown Mayor, to fill the unexpired term of former Mayor Stephen H. DonCarlos to the Baytown Municipal Development District. Additionally, she stated that Mayor Capetillo's appointment would begin on December 13, 2018, and end May 31, 2019, and at such will be appointed for another term. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado approving the appointment of Mr. Brandon Capetillo, City of Baytown Mayor to fill the unexpired term of former Mayor DonCarlos. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved b. Consider four (4) appointments to the Community Development Advisory Committee. Mrs. Brysch presented the agenda item and considered the four (4) appointments of Ms. Terry Presley, District 5; Ms. Mary Flores, At -Large; Mr. Luis Munoz, At -Large; and Mr. Norman Barnett, At -Large to the Community Development Advisory Committee (CDAC), in which the terms begin January 01, 2019, and ending December 31, 2021. Additionally, she noted that Districts 3 and 6 appointments were vacant. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Heather Betancourth approving the four appointments of Ms. Terry Presley, District 5; Ms. Mary Flores, At -Large; Mr. Luis Munoz, At -Large; and Mr. Norman Barnett, At -Large to the Community Development Advisory Committee (CDAC). The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved C. Consider two (2) appointments to the Baytown Animal Control Advisory Committee. City Council Regular Meeting Minutes December 13, 2018 Page 13 of 17 Mrs. Brsych presented the agenda item to consider two (2) appointments to the Baytown Animal Control Advisory Committee. She stated that both Mr. Richard W. Park who, serves as an Interested Citizen and Mr. Jay Tyler Garrett Jr., who serves as a representative from an Animal Welfare Organization desire reappointment to the board. She noted that there was no application on file for the Interested Citizen position, but there's was an application from Ms. Lou Sisk, a resident and local owner of an animal rescue non-profit organization who would like Council's consideration for the Animal Welfare Organization position. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado approving the appointments of Mr. Richard W. Park and Mr. Jay Tyler Garrett Jr. to the Baytown Animal Control Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved d. Consider four (4) appointments to the Planning and Zoning Commission. Mrs. Bryych presented the agenda item to consider four (4) appointments to the Planning and Zoning Commission (P&Z). She stated that the terms for Mr. Spencer Carries, District 6; Mr. Pete Cote, District 4; and Ms. Donna Winfrey, City Manager Real Estate Agent expires on December 31, 2018, but they all desired reappointment. She further stated that Mr. Benjamin Boul's, a District 2 appointment term also expire on the same date, however, he requested not to be reappointed, which leaves a vacant position on the P&Z Commission. Mrs. Brsych noted that Mr. Boul would continue to serve in his position until such time that someone else is appointed. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley approving the appointments of Mr. Spencer Carnes, District 6; Mr. Pete Cote, District 4; and Ms. Donna Winfrey, City Manager Real Estate Agent to the Planning and Zoning Commission. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) City Council Regular Meeting Minutes December 13, 2018 Page 14 of 17 Approved e. Consider one (1) City Manager's appointment to the Civil Service Commission. Mrs. Brysch presented the agenda item and considered the City Manager's appointment of Mr. Dennis Amujo to the Civil Service Commission. Additionally, she noted that the members of this board were term limited unless Council had a two-thirds majority vote in favor of the commissioner. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Charles Johnson approving the City Manager's appointment of Mr. Dennis Araujo to the Civil Service Commission. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tom Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved L Conduct the election of the Baytown City Council Mayor Pro Tem. Mrs. Brysch presented the agenda item to conduct the election of the Baytown City Council Mayor Pro Tem. She stated that in the year 2011, Council adopted rules regarding the Mayor Pro Tem to include a six (6) month term on a rotating basis. Additionally, she stated that Council Member Betancourth was next for consideration as Mayor Pro Tem. The newly elected Mayor Pro Tem shall serve for six months, beginning January 01, 2019, and ending on June 30, 2019. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado approving the election of Council Member Betancourth as the Mayor Pro Tem for the term beginning January 01, 2019 through June 30, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes December 13, 2018 Page 15 of 17 8. APPEAL a. Conduct an appeal hearing regarding the Fire Chiefs decision to uphold the Fire Marshal's finding that the 14-foot-wide access gate restricting access into the James Place Subdivision does not meet the provisions of the Fire Code. At 7:08 P.M., Mayor Capetillo opened and conducted an appeal hearing regarding the Fire Chief s decision to uphold the Fire Marshal's finding that the 14-foot-wide access gate restricting access into the James Place Subdivision does not meet the provisions of the Fire Code. Additionally, he swore in all who testified. Chief Dobson presented a timeline of events that led up to this appeal hearing. He stated that the property owner of such location had a rod iron fence and automated access gate installed. He stated that a short time afterwards, they contacted the Fire Marshal's office to come and put a lock on the gate control, which is part of the code requirement. He stated that when the Fire Marshal went out to the property and inquired when the gate was installed he was informed that it was recently installed, which at that point the Fire Marshal realized it was installed without a permit; therefore, the fire department was unaware of such installation. Chief Dobson stated that in discussion with the property owner, the Fire Marshal approved a variance from the original code requirement that reduced the required fire lane opening from 24 to 20 feet for access purposes. He stated that the property owner decided to appeal the decision of the Fire Marshal, in which the appropriate process is that the appeal is made to the Fire Chief. Chief Dobson stated that he reviewed and further denied the appeal and agreed with the Fire Marshal's modification reducing the opening to 20 feet to allow the fire department access. Chief Dobson stated that Mr. Samson Artis, who lives on the property and who was involved in the installation requested a meeting with him to further discuss the requirement and the appeal. He stated that he and Mr. Artis walked the property together, but afterwards he had more concerns to include there being only one (1) access point for four (4) buildings of eighteen attached residents, as well as, there being no hydrants to assist with a fire if necessary. He stated that he contacted Mr. Atria and informed him that the decision to deny the appeal and affirm the Fire Marshal's decision would still stand. Additionally, Chief Dobson further explained to Mr. Artis that he could appeal the Fire Chief s decision. Chief Dobson provided a photo of the property and noted that there was a private hydrant next to a fence in between buildings that's not maintained by the City and therefore would not be used in the event of an operation. He noted that the residents are attached and having a fire to any one of them could quickly move to another one and the water on the fire trucks would not suffice to fight such fire. Additionally, he stated that the modification recommended would be the only way to get an established water supply to this community based on its layout. Mr. Bernal was not present when called upon to present his testimony. During closing statement, Mr. Bernal was not present and staff had no further comments Mayor Capetillo closed the appeal hearing at 7:18 P.M. City Council Regular Meeting Minutes December 13, 2018 Page 16 of 17 b. Consider affirming, reversing or modifying the decision of the Fire Chief to uphold the FSre Marshal's finding that the 14-foot wide access gate restricting access into the James Place Subdivision does not meet the provisions of the Fire Code. Chief Dobson noted for clarity purposes, that if the property owner had gone through the permit process prior to installation they would have been informed of all the necessary requirements. Council Member Alvarado inquired if the property owner would be able to sustain the additional six (6) feet with the existing motor. In response to Council Member Alvarado's inquiry, Chief Dobson stated that he was not sure. Council Member Johnson inquired of the timeframe in which the property owner would have to complete the recommended modification and what would be the consequence if the modification was not done by the allowed timeframe given. It was noted that the property owner would have 15 days to comply with the modification and Chief Dobson stated that the property owner would be given a fine if the modification was not done by the designated timeframe. City Attorney, Ignacio Ramirez stated that if the property owner continued to not comply, the City had the option of taking the case to the court to have the fence removed. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving to affirm the decision of Chief Dobson and uphold the Fire Marshal's to modify the required gate opening from 24 feet to 20 feet. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member David Himsel (Absent) Approved 9. MANAGER'S REPORT City Manager Davis noted that the next Council Meeting would be on January 10, 2019. Additionally, he noted that he along with Mayor Capetillo would be in Dallas at the ICSC Conference. 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 to seek the advice of the City's attorneys on contemplated litigation. City Council Regular Meeting Minutes December 13, 2018 Page 17 of 17 At 7:27 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Section 551.071 to seek the advice of the City's attorneys on contemplated litigation. At 7:55 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular City Council Meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. 11. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the December 13, 2018, City Council Regular Meeting at 7:55 P.M. ��D ddb a icia Brysch, City of Baytown ,n, ,