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2019 04 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 11, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 11, 2019, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Chris Presley Council Member Charles Johnson Council Member Robert Hoskins Council Member David Himsel Council Member Brandon Capetillo Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Alisha Segovia Deputy City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the April 11, 2019, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Members Alvarado and Betancourth who were absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by the Student Council of Dr. Antonio Banuelos Elementary School. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating April 14-20, 2019, National Public Safety Week in Baytown. Mayor Capetillo presented to Steve Jones a proclamation designating April 14-20, 2019, National Public Safety Week in Baytown. The recording experienced technical difficulty prior to agenda item l.b. being considered and during such time agenda items Lb. through consent agenda item 3.1. was discussed and considered. b. Present the 3rd and 4th of July Celebration schedule and entertainment for 2019. Director of Parks and Recreation, Scott Johnson presented the 3rd and 4th of July Celebration schedule and entertainment for 2019. The presentation included a short commercial that was aired on Channel 16 and placed on the City's website. City Council Regular Meeting Minutes April 11, 2019 Page 2 of 10 2. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 98 "Utilities," Article IV "Sewer Service," Section 98- 91 "Sewer Service Charge" of the Code of Ordinances, Baytown, Texas, to update sewer service fees. Finance Director, Wade Nickerson presented the agenda item and stated that there was an 8% increase to fund five (5) year project, in which was approved with the budget. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins approving Ordinance No. 14, 050, regarding agenda item 2.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Laura Alvarado (Absent), Mayor Pro Tem Heather Betancourth (Absent) Approved ORDINANCE NO. 14,050 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE IV "SEWER SERVICE," SECTION 98- 91 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 3. CONSENT A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving consent agenda items 3.a. through 3.1, excluding 3.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None City Council Regular Meeting Minutes April 11, 2019 Page 3 of 10 Other: Council Member Laura Alvarado (Absent), Mayor Pro Tern Heather Betancourth (Absent) Approved a. Consider an ordinance authorizing the closeout and acceptance of the Bay Oaks Harbor Reconstruction Project and the release of retainage to Angel Brothers Enterprises Ltd. ORDINANCE NO. 14,051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAY OAKS HARBOR RECONSTRUCTION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY- FIVE THOUSAND THREE HUNDRED NINETEEN AND 301100 DOLLARS ($35,319.30) TO ANGEL BROTHERS ENTERPRISES LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Third Amendment to the Interlocal Agreement with the Baytown Municipal Development District to fund the Brunson Theater Project. ORDINANCE NO. 14,052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO FUND THE BRUNSON THEATER PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing Change Order No. 7 with Crain Group, LLC, for the Brunson Theater Renovation Project. ORDINANCE NO. 14,053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 7WITH CRAIN GROUP, LLC, FOR THE BRUNSON THEATER RENOVATION PROJECT, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED TWENTY-SIX THOUSAND EIGHT AND 81/100 DOLLARS ($126,008.81); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 11, 2019 Page 4 of 10 d. Consider an ordinance authorizing an earnest money contract with Kristin N. Conway Trust for the purchase of property within the Baytown Nature Center, being more particularly described as Lots 1, 2, & 3 Block XE and Lot 6, Block AA of the Brownwood Subdivision, Harris County, Texas. ORDINANCE NO. 14,054 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 EARNEST MONEY CONTRACT WITH KRISTIN N. CONWAY TRUST FOR THE PURCHASE OF PROPERTY WITHIN THE BAYTOWN NATURE CENTER, BEING MORE PARTICULARLY DESCRIBED AS LOTS 1, 2, & 3 BLOCK XE AND LOT 6, BLOCK AA OF THE BROWNWOOD SUBDIVISION, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT OF SIX THOUSAND AND NO/100 DOLLARS ($6,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the renewal of the Annual Janitorial Services Contract with McLemore Building Maintenance, Inc. ORDINANCE NO. 14,055 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SERVICES CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY-FOUR THOUSAND NINE HUNDRED NINETY-EIGHT AND 76/100 DOLLARS ($174,998.76); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the first renewal of the Annual Roll -Off Container Services Contract with Sprint Waste Services, LP. ORDINANCE NO. 14,056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL ROLL -OFF CONTAINER SERVICES CONTRACT WITH SPRINT WASTE SERVICES, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THREE HUNDRED TWENTY-NINE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($329,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 11, 2019 Page 5 of 10 It. Consider an ordinance renewing the Annual Mowing, Edging and Trimming Services Contract with Grant Smith Mowing, Inc. ORDINANCE NO. 14,057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES CONTRACTWITH GRANT SMITH MOWING, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THREE HUNDRED THIRTEEN THOUSAND TWO HUNDRED FORTY AND 93/100 DOLLARS ($313,240.93); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the renewal of an Emergency Services for Food and Supplies Pre -Event Agreement with Ben E. Keith Company. ORDINANCE NO. 14,058 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE EMERGENCY SERVICES FOR FOOD AND SUPPLIES PRE-EVENTAGREEMENT WITH BEN E. KEITH COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase and installation of upgraded audio - video equipment from Ford Audio -Video Systems, LLC, for Houston HIDTA. ORDINANCE NO. 14,059 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-SEVEN THOUSAND SIX HUNDRED THREE AND NO/100 DOLLARS ($57,603.00) TO FORD AUDIO - VIDEO SYSTEMS, LLC, FOR THE PURCHASE AND INSTALLATION OF UPGRADED AUDIO -VIDEO EQUIPMENT FOR HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance authorizing the purchase of one (1) 2019 Ford F350 Prime Mover from Rockdale Country Ford through a cooperative purchasing agreement with Tarrant County funded by a direct award from the Houston Ship Channel Security District in the 2018 Direct Funding Project. City Council Regular Meeting Minutes April 11, 2019 Page 6 of 10 ORDINANCE NO. 14,060 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-FOUR THOUSAND EIGHT HUNDRED NINETY AND NO/100 DOLLARS ($54,890.00) TO ROCKDALE COUNTRY FORDFOR THE PURCHASE OF ONE (1) 2019 FORD F350 PRIME MOVER FOR THE POLICE DEPARTMENT, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider a resolution adopting the City of Baytown's Water Conservation/Emergency Water Demand Management and Drought Contingency Plans. RESOLUTION NO. 2580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S WATER CONSERVATION/EMERGENCY WATER DEMAND MANAGEMENT AND DROUGHT CONTINGENCY PLANS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3.e. Consider an ordinance authorizing an Interlocal Agreement with Harris County to construct a non-standard element and related appurtenances within the existing right -of way of Cedar Bayou Lynchburg at San Jacinto Blvd located in Harris County. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving to suspend agenda item 3.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Laura Alvarado (Absent), Mayor Pro Tern Heather Betancourth (Absent) Approved The recording resumed with discussion regarding agenda item 4.a., whereas, the five (5) appointments of Donald Spencer Cannes, Jr., Engineer; Mike Chatham, General Contractor; Dustin Eaton, Master Plumber; Kenneth R. McVay, Member at Large; and Thomas (Tom) W. Hughes, Member at Large were considered for approval to the Construction Board of Adjustments and Appeals. Mayor Capetillo noted that there were two vacancies for an Architect City Council Regular Meeting Minutes April 11, 2019 Page 7 of 10 and Journeyman Plumber for the board and further encouraged the community to apply with the City Clerk's Office if interested. While some of the agenda items were being considered during the technical difficulty, agenda item 2.b. was inadvertently omitted, but was considered after the conclusion of agenda item 4.a. 4. APPOINTMENTS a. Consider seven (7) appointments to the Baytown Construction Board of Adjustments and Appeals. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Donald Spencer Carnes, Jr., Mike Chatham, Dustin Eaton, Kenneth McVay, and Thomas Hughes to the Baytown Construction Board of Adjustments and Appeals. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Laura Alvarado (Absent), Mayor Pro Tem Heather Betancourth (Absent) Approved 2.b. Consider an ordinance authorizing an agreement for advertising services with Kenneth Benitez, LLC, for Phase If of the Here, We Grow Giants Campaign. Mark Miller presented the agenda item and stated that Ordinance No. 14,061, authorizes an agreement for advertising services with Kenneth Benitez, LLC, for Phase II of the Here, We Grow Giants Campaign. He stated that the campaign is an ongoing process with the City and Goose Creek Consolidated Independent School District (GCCISD) promoting career and college readiness offerings. He stated that the school district would cover the marketing portion of the project and the City would cover the production portion. Mr. Miller noted that the production could be used for as long as necessary and GCCISD would provide the matching production costs. Additionally, he introduced Dr. O'Brien to provide more information on the partnership moving forward and noted that Kenneth Benitez, LLC was also providing the documentary on the Brunson Theater. Dr. O'Brien, GCCISD Superintendent of School Administration, expressed appreciation for the City leadership recognizing the need and partnership with the school district. Additionally, he noted that the first campaign was successful and presented to each council member a Here, We Grow Giants button. City Council Regular Meeting Minutes April 11, 2019 Page 8 of 10 Mr. Rick King, a representative of Kenneth Benitez, LLC, noted that they were ready to move forward with providing the services for Phase II of the campaign project. Mr. Matt Bollinger, also a representative of GCCISD, stated that the primary goals of Phase II of the project included strengthening the internal culture of stakeholders by making certain citizens know how GCCISD provides services to students for success and to attract new home buyers to the Baytown community. He stated that the school district plays a major role in the home buyer decisions and GCCISD wants to be certain that a positive impact is made when such decision is made. He stated that the campaign would help deliver a positive message and they have a six (6) month marketing plan starting in August 2019 through January. He stated that the advertising methods would include forms of traditional, modem, and print. He further noted that the advertisement platforms used would target demographics and zip codes. Mr. Bollinger stated that during the campaign, GCCISD would collect data to monitor progress and receive a report at the end of the six (6) month campaign for review and effectiveness. Additionally, he stated that the City would own the deliverables for personal use. Council Member Johnson inquired if there would be a third phase and if the proposed plan being promoted provided through six months. In response to Council Member Johnson's inquiry, Mr. Bollinger stated that funds devoted to the project was for an aggressive advertising campaign that would provide through six months and beyond that they would make a decision on how to move forward. A trailer of the Brunson Theater was presented. A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving Ordinance No. 14,061, regarding agenda item 2.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Laura Alvarado (Absent), Mayor Pro Tern Heather Betancourth (Absent) Approved ORDINANCE NO. 14,061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR City Council Regular Meeting Minutes April 11, 2019 Page 9 of 10 ADVERTISING SERVICES WITH KENNETH BENITEZ, LLC, FOR PHASE II OF THE HERE, WE GROW GIANTS CAMPAIGN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SEVENTY- TWO THOUSAND TWO HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($72,256.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. MANAGER'S REPORT a. The Annual Nurture Nature Festival will be held at the Baytown Nature Center on Saturday, April 13, 2019, from 10:00 A.M. to 4:00 P.M. It. The 4th Annual Baytown Easter Egg Hunt will be held in Town Square on April 13, 2019 from 9:00 A.M. to 1:00 P.M. in conjunction with the Bayshore Fine Rides Car Show. C. The Parks and Recreation Department invites the public to the open house at the Clubhouse at Evergreen Park on Thursday, April 25, 2019, beginning at 5:30 P.M. to 7:30 P.M. Mr. Scott Johnson presented agenda items 5.a., 5.b., and 5.c. He stated that because of the predicted storm, the Nurture Nature Festival was canceled with plans of being rescheduled for a date to be determined. He stated that the Easter egg hunt was moved to the Wetlands Center, on April 13, 2019 from 12:00 P.M. to 3:00 P.M., but that the Bayshore Fine Rides Car Show would remain at Townsquare. Additionally, he stated that on Thursday, April 25, 2019, beginning at 5:00 P.M. to 8:00 P.M., there would be an open house for the public at the Clubhouse at Evergreen Park. A video of the lineup for the 3b and 4" of July Celebration was presented. Mr. RL Bell, a performer for the 4th of July Celebration expressed his appreciation for an opportunity to give back to the Baytown community where he grew up. Additionally, he requested for some of the students from each high to also participate with him during his performance. 6. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto. At 7:09 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto. City Council Regular Meeting Minutes April 11, 2019 Page 10 of 10 At 8:12 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular Meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. 7. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the April 11, 2019, City Council Regular Meeting at 8:12 P.M. Leticia Brysch, City Clerk City of Baytown