Loading...
2019 05 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 23, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, May 23, 2019, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Chris Presley Council Member Charles Johnson Council Member Heather Betancourth Council Member Robert Hoskins Council Member David Himsel Council Member Brandon Capetillo Mayor Ron Bottoms Deputy City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the May 23, 2019, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Johnson. Mayor Capetillo requested for informational purposes that City Attorney, Ignacio Ramirez explain some of the general rules of the council meeting and processes. Mr. Ramirez stated that all City Council meetings were open meetings and adhered to the Open Meetings Act, which had regulations of what could or could not be discussed. He stated that the public had to be informed of a topic to be discussed at an open meeting in the event someone was interested in attending a meeting; therefore, the topic had to be posted. He stated that there's a process through the City Clerk's office for those who desire to bring a topic before Council for discussion and further noted that there were rules, as well as, state statues regarding what's put on the agenda for discussion. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on February 28, 2019. City Council Regular Meeting Minutes May 23, 2019 Page 2 of 10 A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Heather Betancourth approving the February 28, 2019, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating May as Motorcycle Safety and Awareness Month in Baytown. Mayor Capetillo presented to some of the motor cycle riders from the Axemen and Warriors Bikers 4 Charity clubs a proclamation designating May as Motorcycle Safety and Awareness Month in Baytown. b. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown employees for their years of service. 5 Years Sylvia Gonzales, Parks and Recreation Facilities Specialist Zachary Start, Planning and Development Plans Examiner Daniel Killebrew, Public Works Water Plant Operator I 10 Years Jason Cochran, Firefighter James Miller, Fire Lieutenant Aaron Sheffield, Fire Mechanic 15 Years Craig Contreras, Firefighter Leonard Graham, Parks and Recreation Crewleader City Council Regular Meeting Minutes May 23, 2019 Page 3 of 10 3. PROPOSED RESOLUTION a. Consider a resolution authorizing and approving the creation of the Baytown Hospitality Public Facilities Corporation to act on behalf of the City regarding the City's Hotel/Convention Center Project and approving the Articles of Incorporation for such corporation. Deputy City Manager Bottoms presented the agenda item and stated that Resolution No. 2587, simplifies the process and organizes the structure of the project to make it easier to follow. Additionally, he noted that the Baytown Hospitality Public Facilities Corporation would own both the hotel and conference center. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving Resolution No. 2587, regarding agenda item 3.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO. 2587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND APPROVING THE CREATION OF BAYTOWN HOSPITALITY PUBLIC FACILITIES CORPORATION; AUTHORIZING AND APPROVING THE ARTICLES OF INCORPORATION FOR THIS PUBLIC FACILITIES CORPORATION; MAKING OTHER APPROPRIATE DETERMINATIONS IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. CONSENT Mayor Capetillo noted that consent agenda item 4.c. was not ready and would be removed from the consent agenda. Council Member Betancourth requested that consent agenda item 41 be considered separately. City Council Regular Meeting Minutes May 23, 2019 Page 4 of 10 A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving consent agenda items 4.a. through 41. with the exception of 4.c. and 41.. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved a. Consider an ordinance authorizing payment to Winstead PC, for legal services in connection with the Hotel/Convention Center Project. ORDINANCE NO. 14,084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT TO WINSTEAD PC, FOR SERVICES AS BOND COUNSEL AND OTHER LEGAL SERVICES IN CONNECTION WITH THE HOTEL/CONVENTION CENTER PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout and acceptance of the Pruett Estates Pipebursting Project and the release of retainage to Texas Pride Utilities, LLC. ORDINANCE NO. 14,085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PRUETT ESTATES PIPEBURSTING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTEEN THOUSAND NINE HUNDRED EIGHTY AND 30/100 DOLLARS ($15,980.30) TO TEXAS PRIDE UTILITIES, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of sixty-three (63) sets of bunker gear for the Fire Department from Casco Industries, Inc., through the Texas Local Government Purchasing Cooperative (BuyBoard). City Council Regular Meeting Minutes May 23, 2019 Page 5 of 10 ORDINANCE NO. 14,086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY- THREE THOUSAND SIX HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($163,665.00) TO CASCO INDUSTRIES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF SIXTY-THREE (63) SETS OF BUNKER GEAR FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the sale of property located off Pine Street, being legally described as Lot 25, Block 7, Amelia Afrliart, Baytown, Harris County, Texas, to Mr. Edward Garza. ORDINANCE NO. 14,087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SALE OF THE PROPERTY LOCATED OFF PINE STREET, BEING LEGALLY DESCRIBED AS LOT 25, BLOCK 7, AMELIA AIRHART, BAYTOWN, HARRIS COUNTY, TEXAS, TO MR. EDWARD GARZA, IN THE AMOUNT OF SEVEN THOUSAND AND NO/100 DOLLARS ($7,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution authorizing the City of Baytown to apply to the Office of National Drug Control Policy for a 2019 grant for the Houston High Intensity Drug Trafficking Area Program. RESOLUTION NO. 2588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR A 2019 GRANT FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM IN THE AMOUNT OF ONE MILLION FIVE HUNDRED THIRTY-EIGHT THOUSAND NINE HUNDRED SIXTEEN AND NO/100 DOLLARS ($1,538,916.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes May 23, 2019 Page 6 of 10 h. Consider a resolution designating authorized signatories for the Community Development Block Grant (CDBG) Program. RESOLUTION NO. 2589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4.c. Consider an ordinance granting a pipeline permit to FLST, LLC d/h/a Lavaca LST Pipeline LLC, for one new pipeline. Consent agenda item 4.c. was suspended not to exceed 30 days. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving to remove consent agenda item 4.c. from the consent agenda for postponement not to exceed 30 days from May 23, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tom Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved 4.f. Consider a resolution confirming the names and spellings of various streets within the City of Baytown. ITS Director, Ed Tomjack stated that the intent of Resolution No. 2590, was to align the City of Baytown's GIS map and street names to that of Harris County 911, as they won't make any changes to their GIS until the City adopts such resolution and provide them with the information. Council Member Betancourth noted that a citizen expressed concern with changing the street name from Barkuloo to Barkaloo and further requested an explanation for the choosing Barkaloo instead of Barkuloo as it would be an issue for the school, as well as, the school district. Mr. Tomjack stated that the names were based on legal documentation when the street was defined. Council Member Betancourth further inquired if the school would have to do anything to correct any mailing issue that may arise. In response to Council Member Betancourth's referenced inquiry, Mr. Tomjack replied that he would provide an answer to her inquiry. City Council Regular Meeting Minutes May 23, 2019 Page 7 of 10 Council Member Hoskins further noted for clarity that this change would correct misspelled street names that were incorrect for years and/or perhaps have been corrected. Council Member Johnson noted that a letter change from the legal name could possibly affect the history of the street. Mr. Tomjack stated that from a documentation perspective staff would have the alias information associated that would relate to the street. Mrs. Foster noted that in the 911 system there is a history of the street, but every change creates another file for that street which causes an issue; therefore, this change would allow for the City of Baytown's GIS system to be consistent with Harris County's system. Mayor Capetillo stated that once the City of Baytown officially corrects the names and 911 makes the adjustment to their system, would a person have to change the address on their driver's license to reflect such change. Mrs. Foster stated that a person would not have to change their driver's license in such case. Mayor Capetillo further noted that Baytown's Martin Luther King Street is listed as Stadium Street for the 911 street name list and what used to be called Memorial Stadium is presently called Pete Sultis Stadium, in which their access is off of Market Street. He further inquired for clarity that once the corrected changes were made if Stadium Street would no longer exist and if so, why not. Mr. Dietrich noted that the street in the GIS is not one length and some of it is marked as small segments. He stated that the segment of Martin Luther King called Stadium Street was actually Martin Luther King because it was not part of the Ordinance that changed that segment to Stadium Street. Mayor Capetillo inquired that since there were no known addresses listed as Stadium Street, if there could be an action by Council to correct all with the same street name. Mr. Dietrich stated that with all of the changes that were done there was no impact on addresses or locations and the intent of this process would include correcting street names to be used as a street name log for when the time comes to actually change the street name. Additionally, Mr. Dietrich noted for clarity, that the postmaster was notified of the changes being made and there should be no issues. Mayor Capetillo inquired as to how the differences of the street names were created, in particular Causeway Rd and Lee Dr. In response to Mayor Capetillo's inquiry, Mr. Dietrich stated that staff reviewed old maps for verification and everything south of Highway 146 was considered Causeway Rd. and everything north was considered Lee Dr. Council Member Himsel inquired if there would be a follow up for verification purposes. Mr. Dietrich stated that there would be a follow up and noted that Resolution No. 2590, was needed in order for the 911 changes to be made. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving consent agenda item 4.f, regarding Resolution No. 2590. The vote was as follows: City Council Regular Meeting Minutes May 23, 2019 Page 8 of 10 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO. 2590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONFIRMING THE NAMES AND SPELLINGS OF VARIOUS STREETS WITHIN THE CITY IN ORDER FOR THE MAPS USED BY FIRST RESPONDERS TO BE UPDATED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. F arlJCflofS3EY�11;3I1 a. Pirates Bay Water Park and Calypso Cove will be open for the Memorial Day weekend. b. The Annual Memorial Day Service will be held at the Veterans Memorial Plaza at Bicentennial Park, 1001 Market Street, on Monday, May 27, 2019, at 11:00 A.M. C. The Summer Meals in the Park program will begin on Tuesday, June 03, 2019, at six neighborhood parks and the Sterling Municipal Library. Parks and Recreation Director, Scott Johnson presented the agenda items and stated that Pirates Bay Water Park and Calypso Cove would open for the Memorial Day weekend. He stated that the parks would also open daily for the summer on Friday, May 31, 2019, until August 11, 2019, and on weekends through Labor Day. He stated that the Annual Memorial Day Service would be held at the Veterans Memorial Plaza at Bicentennial Park, 1001 Market Street, on Monday, May 27, 2019, at 11:00 A.M and in the event of rain, would be moved to the Baytown Community Center, located at 2407 Market Street. Additionally, he stated that the Summer Meals for Kids program would begin on Monday, June 03, 2019, at Bergeron Park, Central Heights Park, McElroy Park, Jenkins Park, Roseland Park, Pelly Park, the Sterling Municipal Library, and the Baytown Community Center Summer Camps Program. Additionally, he noted that the program was in partnership with the Goose Creek Consolidated Independent School District (GCCISD). City Council Regular Meeting Minutes May 23, 2019 Page 9 of 10 6. 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 and/or contemplated litigation involving the City of Baytown. At 7:13 P.M., Mayor Capetillo 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 and/or contemplated litigation involving the City of Baytown. 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. PROPOSED ORDINANCE a. Consider an ordinance authorizing the Conditional Settlement Agreement and Mutual Release concerning TD BEO Fund LLC tc City of Baytown; Cause No. 2016-06852, in the 80th Judicial District Court, Harris County, Texas, and authorizing an earnest money contract with TD REO Fund LLC, for the purchase of the old San Jacinto Hospital property located at 1105 Decker Drive, Baytown, Harris County, Texas. A motion was made by Council Member Chris Presley and seconded by Council Member David Himsel approving Ordinance No. 14,088, regarding agenda item 7.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CONDITIONAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE CONCERNING TD REO FUND LLC V. CITY OF BAYTOWN; CAUSE NO. 2016-06852, IN THE 80TH JUDICIAL DISTRICT COURT, HARRIS COUNTY, TEXAS; AUTHORIZING AN EARNEST MONEY CONTRACT WITH TD REO FUND LLC, FOR THE PURCHASE OF THE OLD SAN JACINTO HOSPITAL PROPERTY LOCATED AT 1105 DECKER DRIVE, BAYTOWN, HARRIS COUNTY, City Council Regular Meeting Minutes May 23, 2019 Page 10 of 10 TEXAS, AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT OF ONE MILLION TWO HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED SEVENTEEN AND 10/100 DOLLARS ($1,248,117.10); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the May 23, 2019, City Council Regular Meeting at 8:13 P.M. Leticia Brysch, City Clerk y City of Baytown �f