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2019 07 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 25, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 25, 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 Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the July 25, 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 Presley. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on May 09, 2019. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving May 09, 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, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes July 25, 2019 Page 2 of IS b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on May 23, 2019. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Robert C. Hoskins approving May 23, 2019, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved 2. BAYTOWN HISTORIC WEST END A. Present a proclamation to the West Baytown Civic Association's for its 30th Anniversary. Mr. Jeff Wolverton, a representative for Mary Ann Perez of District 144; Gretchen Knowles, a representative for Commissioner Adrian Garcia of Harris County Precinct 2; and Council Member Alvarado on behalf of Mayor Capctillo presented to the West Baytown Civic Association proclamations for its 30th Anniversary. b. Consider a resolution designating the area for the Historic West End in Baytown, Texas. Planning and Community Development Director, Tiffany Foster presented the agenda item and stated that Resolution No. 2597, designated the areas along the Market Street Corridor as the Historic West End in Baytown, Texas for branding purposes. She stated that staff would continue to work to implement the plan, which included but were not limited to: • creation of logo and/or symbol for branding purpose, • demolition of building slabs, • installation of streetscape trees near industrial parking areas, and • application of a street overlay between Minnesota Street to S. Airhart Drive. Mrs. Foster noted that initially the boundary of the three (3) areas was to define the physical area, but after further research was determined that each area had unique opportunities. She noted that any development in the aligned boundary of the corridor directly impacts the residents, whereas the other areas of the corridor did not. Additionally, she noted that the boundary for the Historic West End could be used for the entire area and would further be discussed during the implementation phase with regards to incentives benefits and possibly land. City Council Regular Meeting Minutes July 25, 2019 Page 3 of 18 Mr. Shane Howard, Vice President of Burditt Consultants LLC expressed appreciation to Council for the opportunity to participate in the Market Street study and for the steps being taken towards developing the area. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley approving Resolution No. 2597, regarding agenda item 2.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO. 2597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE AREA FOR THE HISTORIC WEST END IN BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized staff for theirs years of service. 5 Years: Lisa Laredo, Library Senior Customer Service Specialist 20 Years: John Tacito, Police Patrol Officer 4. VOLUNTARY ANNEXATION AND REZONING OF APPROXIMATELY 0.47 ACRES OF LAND, 2401 I-10 a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 0.47 acres located along the east bound frontage road of I-10 approximately 2,536 feet east of Thompson Road, addressed as 2402 Interstate 10 Hwy, and legally described as Tract 2G-2, Block 2, Elena Fruit & Cotton Farms D, Harris County, Texas. City Council Regular Meeting Minutes July 25, 2019 Page 4 of 18 Mrs. Foster presented the agenda item and stated that Ordinance No. 14,115, was the second and final reading regarding the annexation of approximately 0.47 acres located just south of I-10. Additionally, she noted that there was an existing building on the property and agenda item 4.b. would place the property in a council district. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 14,115, regarding agenda item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,115 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 0.47 ACRES LOCATED ALONG THE EAST BOUND FRONTAGE ROAD OF I-10 APPROXIMATELY 2,536 FEET EAST OF THOMPSON ROAD, ADDRESSED AS 2402 INTERSTATE 10 HWY, AND LEGALLY DESCRIBED AS TRACT 2G-2, BLOCK 2, ELENA FRUIT & COTTON FARMS D, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance for the newly annexed properties generally described as approximately 0.47 acres located along the east bound frontage road of I-10 approximately 2,536 feet east of Thompson Road, addressed as 2402 Interstate 10 Hwy, and legally described as Tract 2G-2, Block 2, Elena Fruit & Cotton Farms D, Harris County, Texas, to be placed into Council District No. 3. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth approving Ordinance No. 14,121, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth., Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,121 City Council Regular Meeting Minutes July 25, 2019 Page 5 of 1S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 0.47 ACRES LOCATED ALONG THE EAST BOUND FRONTAGE ROAD OF I-10 APPROXIMATELY 2,536 FEET EAST OF THOMPSON ROAD, ADDRESSED AS 2402 INTERSTATE 10, AND LEGALLY DESCRIBED AS TRACT 2G-2, BLOCK 2, ELENA FRUIT & COTTON FARMS D, HARRIS COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 0.47 acres, located at 2402 Interstate Highway 10 (IH 10), legally described as TR 2G-2 Blk 2 Elena Fruit & Cotton Farms D, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 7:01 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 0.47 acres, located at 2402 Interstate Highway 10 (11110), legally described as TR 2G-2 Blk 2 Elena Fruit & Cotton Farms D, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Mrs. Foster presented a summary of the public hearing and stated that since the property was previously placed into the city limits of Baytown, per the code, newly annexed property is zoned as open space recreational (OR) and because of such, the applicant requested to zone the property to general commercial (GC). Additionally, she stated that the applicant has the support of the request from the Planning and Zoning Commission and the GC zone is compatible with the Future Land Use Plan (FLUP). Richard Gannet registered to speak at the public hearing and represented the land owner in regards to agenda item 4.c. to answer any questions from Council. At 7:03 P.M., Mayor Capetillo closed the public hearing regarding agenda item 4.c. d. Consider an ordinance amending the official zoning map to rezone approximately 0.47 acres, located at 2402 Interstate Highway 10 (I1110), legally described as TR 2G-2 Blk 2 Elena Fruit & Cotton Farms D, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. City Council Regular Meeting Minutes July 25, 2019 Page 6 of 18 A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 14,122, regarding agenda item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tent Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,122 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 0.47 ACRES LOCATED AT 2402 INTERSTATE 10, AND LEGALLY DESCRIBED AS TRACT 2G-2, BLOCK 2, ELENA FRUIT & COTTON FARMS D, 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 NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. MUNICIPAL BUDGET FISCAL YEAR 2019-20 a. Receive the City Manager's proposed municipal budget and budget message for Fiscal Year 2019-20. Finance Director, Wade Nickerson presented to Council the City Manager's proposed municipal budget and budget message for Fiscal Year 2019-20. b. Consider an ordinance setting the date, time and place for a public hearing regarding the City of Baytown Fiscal Year 2019-20 Proposed Budget. Mr. Nickerson presented the agenda item and stated that Ordinance No. 14,123, sets the date, time and place for a public hearing regarding the City of Baytown Fiscal Year 2019-20 Proposed Budget on Thursday, August 08, 2019, at 6:45 P.M. in the City Council Chamber of Baytown City Hall. A motion was made by Mayor Pro Tent Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 14,123, regarding agenda item 5.b. The vote was as follows: City Council Regular Meeting Minutes July 25, 2019 Page 7 of 18 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2019-2020 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution setting a budget work session to discuss the Fiscal Year 2019- 20 Municipal Budget. Mr. Nickerson presented the agenda item and stated that Resolution No.2598 sets a budget work session to discuss the Fiscal Year 2019-20 Municipal Budget for Tuesday, August 06, 2019, at 5:00 P.M. Council Member Hoskins inquired if any recommended changes to the budget would be adjusted by August 08, 2019. In response to Council Member Hoskins inquiry, Mr. Nickerson stated that the public hearing would be written in a way that Council would be able to adopt or postpone the budget in order to make changes. Mayor Capetillo inquired of the last day to adopt the budget. Mr. Nickerson stated that the second meeting in September would be the last day to adopt the budget, as it would have to he approved by the end of the fiscal year. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley approving Resolution No. 2598, regarding agenda item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes July 25, 2019 Page 8 of 18 RESOLUTION NO.2598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON AUGUST 6, 2019, AT 5:00 P.M IN THE COUNCIL CHAMBER OF CITY HALL OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. SPECIAL DISTRICT BUDGET FISCAL YEAR 2019-20 a. Receive the Fiscal Year 2019-20 Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District "FCPEMSD". Mr. Nickerson presented to Council the Fiscal Year 2019-20 Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District and stated that the ("FCPEMSD") approved such budget on Tuesday, July 16, 2019. 7. PROPOSED ORDINANCES a. Consider an ordinance amending the official zoning map to rezone approximately 15 acres, located near the northwest corner of the intersection of Interstate Highway 10 (IH 10) Frontage Road and John Martin Road, legally described as a part of and out of Tract 1, Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas, from a General Commercial (GC) Zoning District and a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Mid -rise Mined Residential (MF2) Zoning District. Mayor Capetillo noted that agenda item Ta. was not ready for consideration and would be suspended to a meeting no later than August 30, 2019. A motion was made by Mayor Pro Tent Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to suspend agenda item Ta. to a meeting no later than August 30, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes July 25, 2019 Page 9 of 18 b. Consider an ordinance authorizing the Third Amendment to the Agreement for Professional Services and Employment as City Manager with Richard L. Davis. City Attorney, Ignacio Ramirez presented the agenda item and noted that City Manager Davis signed the agreement. Additionally, Mayor Capetillo noted that the agreement was reviewed by himself and Council Member Hoskins in debt to insure the inclusion of recommendations from Council. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Heather Betancourth approving Ordinance No. 14,124, regarding agenda item 7.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER WITH RICHARD L. DAVIS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTIONS a. Consider a resolution canceling the City Council Regular Meeting scheduled for Thursday, October 10, 2019. City Clerk, Leticia Brysch presented the agenda item and stated that Resolution No. 2599 cancels the City Council Regular Meeting scheduled for Thursday, October 10, 2019, to accommodate the City Council and City Management travel and participation in this year's TML Conference scheduled in the City of San Antonio from October 9 - 12, 2019. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson approving Resolution No. 2599, regarding agenda item 8.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council City Council Regular Meeting Minutes July 25, 2019 Page 10 of 18 Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO.2599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETING SCHEDULED TO BE HELD ON OCTOBER 10, 2019; 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 June 30, 2019. Mr. Nickerson presented to Council the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, 2019, and stated that the Finance Committee reviewed them in detail on Tuesday, July 23, 2019. He stated with regards to the revenues that the general fund was at 94% of budget due primarily to the IDA's being received during the fast quarter. He stated that the aquatics fund, being a seasonal business, would obtain its budget revenues in the fourth quarter and the hotel/motel fund was on target as budgeted. He stated that the water and sewer fund was slightly under budget for the quarter, but was expected to meet budget. He further stated that the sanitation fund was also on budget due to receiving funds in the arrears, but was also expected to meet budget. With regards to the expenditures, Mr. Nickerson stated that the general, aquatics, water and sewer, and sanitation funds were on budget as expected and further noted that the hotel/motel fund still had money reserved for the hotel convention center that was yet to be spent. Additionally, Mr. Nickerson stated that the investment yield was at 2.4725%, which was slightly lower than the previous year, but ahead of the benchmark of 2.075%. 10. CONSENT Mayor Capetillo noted that consent agenda item 10.d. was removed from the consent agenda, so that Council Member Johnson could recuse himself, as he filed the conflict of interest forms with the City Clerk's office. A motion was made by Council Member Chris Presley and seconded by Council Member Chutes Johnson approving consent agenda items 10.a. through 10.c. and 10.e. through 10.g. The vote was as follows: City Council Regular Meeting Minutes July 25, 2019 Page 11 of 18 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved a. Consider an ordinance approving a construction contract to Angel Brothers Enterprises, Ltd, for the Baytown Area Water Authority FM 1405 16-inch Waterline Project. ORDINANCE NO. 14,125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CONSTRUCTION CONTRACT AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND ANGEL BROTHERS ENTERPRISES, LTD, FOR THE BAYTOWN AREA WATER AUTHORITY FM 1405 16-INCH WATERLINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Change Order No. 2 to the Hunt Road Extension East of Garth Road to N. Main Street and Hunt Road Extension west from San Jacinto Blvd. to John Martin Road Project with Angel Brothers Enterprises, LTD. ORDINANCE NO. 14,126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE HUNT ROAD EAST OF GARTH ROAD TO N. MAIN STREET AND HUNT ROAD WEST FROM SAN JACINTO BLVD. TO JOHN MARTIN ROAD PROJECT, IN THE AMOUNT OF FIFTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($59,885.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing Change Order No. 11 to the San Jacinto Blvd Phase 1 Project with Angel Brothers Enterprise, Ltd. ORDINANCE NO. 14,127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 11 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE SAN JACINTO BLVD PHASE 1 PROJECT, INCREASING THE CONTRACT AMOUNT BY SEVENTY- City Council Regular Meeting Minutes July 25, 2019 Page 12 of 18 EIGHT THOUSAND TWO HUNDRED EIGHTY-THREE AND NO/100 DOLLARS ($78,283.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the School Zone Agreement with the Goose Creek Consolidated Independent School District for extra patrol and flashers in school zones. ORDINANCE NO. 14,128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SCHOOL ZONE AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing a construction contract with Kirlla Fire Training Facilities, Inc., for industrial exterior gas fired training props and thermal lining, for the Fire Training Center. ORDINANCE NO. 14,129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSTRUCTION CONTRACT WITH KIRILA FIRE TRAINING FACILITIES, INC., FOR INDUSTRIAL EXTERIOR GAS FIRED TRAINING PROPS AND THERMAL LINING FOR THE FIRE TRAINING CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED EIGHTTHOUSAND AND NO/100 DOLLARS ($808,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution amending the City of Baytown's Investment Policy and Strategy Statement in accordance with the Public Fund's Investment Act to add a new brokerage fain and to update the policy based upon recent legislative changes. RESOLUTION NO.2600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND STRATEGY STATEMENT IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 25, 2019 Page 13 of 1g 10.d. Consider an ordinance authorizing the First Amendment to the 2018-19 Tourism Partnership Grant Agreement with Highlands Sports Association concerning its basketball tournament. Public Affairs Director, Mark Miller presented the agenda item and stated that the subject grant was already issued, but was amended due to tournament date changes, along with an additional symposium clinic. Additionally, he noted the no additional funds were permitted to the funds already awarded. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 14,130, regarding consent agenda item 10.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Charles Johnson (Abstain) Approved ORDINANCE NO. 14,130 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 FIRST AMENDMENT TO THE 2018-19 TOURISM PARTNERSHIP GRANT AGREEMENT WITH HIGHLANDS SPORTS ASSOCIATION CONCERNING ITS BASKETBALL TOURNAMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. TRAFFIC SIGNAL AT MARKETPLACE DRIVE AND GARTH ROAD a. Conduct an appeal hearing of the Planning and Zoning Commission's decision to deny the request to place a traffic signal at Marketplace Drive and Garth Road. City Attorney Ramirez presented a summary of the appeal hearing and stated that this agenda item was presented to the Planning and Zoning Commission (the "Commission" and/or "P&Z"), but was denied. He noted that typically all decision from P&Z comes before City Council for final action. He stated that decisions concerning requests for changes regarding traffic signals, traffic control devices, or the exceptions were only presented to Council, if the Commission approves the request for change, but if the request is denied, the Commission's decision was final unless there was an appeal. City Council Regular Meeting Minutes July 25, 2019 Page 14 of 18 At 7:17 P.M., Mayor Capetillo opened and conducted an appeal hearing of the Planning and Zoning Commission's decision to deny the request to place a traffic signal at Marketplace Drive and Garth Road. Mrs. Foster presented a summary of the Commission's decision regarding the subject matter and stated that the Commission had comments about the existing traffic along Garth Road, specifically between the times of 5:00 P.M. - 7:OOP.M., and was concerned that an additional traffic signal light would add more trouble to the existing congested traffic condition in the area. Traffic Engineer, Matthew Johnson and Ms. Donna Winfrey, a representative from the Commission was swom in by Mayor Capetillo. Mr. Matthew Johnson presented evidence to support the requested subject matter. He stated that the request was made to address the Amendment 1 of the agreement Council entered into in July of 2015 with the San Jacinto Retail Associates, specifically, Section 16 of the amendment, which stated that the City would install a traffic signal at a location indicating on an exhibit that happened to be on Marketplace Drive on Garth Road. He noted that reasons for the traffic signal included that the City was obligated to install the traffic light based on the agreement and it would assist in facilitating the ingress to egress of the future traffic from the mall. He stated that a signal warrant study was submitted as part of the submission and request to the Commission, but was extracted from the TIA. During further presentation, Mr. Matthew Johnson stated that due to the Commission's traffic congestion concern, he created a traffic model, with the future traffic, based on the existing signal timing perimeters and further noted that the proposed traffic signal would have the same type service level as Independence Boulevard. He stated that with the same traffic model, without the requested traffic signal, the service levels would decrease at Sharon Lane and Independence Boulevard and additionally noted that staff recommended the reversal of the Commission's decision. Ms. Winfrey noted that the Commission was not aware of the various service levels information and further stated that because of the existing congestion from 1-10 to Independence Boulevard the additional traffic light would cause more congestion. She stated that the Commission inquired if either traffic light from Sharon Road or Independence could be removed and received no for an answer. She stated that the Commission also an inquired if whether the lights could be staggered. Additionally, she noted that there was no proof that the requested traffic light would eliminate the bottle necking and the Commission was not informed of the City's obligation of the agreement. Council Member Alvarado inquired if there was a deadline included in the agreement as to when the traffic light should be installed. Mr. Matthew Johnson stated that according to the agreement the traffic light was to be installed by September 2019, but noted that due to the delay regarding the mall, but noted that he was not privy to any discussions with such regard. Mr. Ignacio Ramirez noted that the contract provided for September 30, 2019, as the date in question from City Council Regular Meeting Minutes July 25, 2019 Page 15 of 18 Council Member Alvarado. Additionally, Mr. Matthew Johnson stated that staff was working on addressing the existing congestion concerns. Mr. Ramirez noted that Council could approve to have the traffic signal light installed and it not be activated until the appropriate time. He stated that if Council did not approve, but decided to do it later, the existing agreement would not be binding and the bidding process would have to be done over. Mr. Matthew Johnson stated that staff worked on addressing congestion issues with the testing to start with Hwy 146 to I-10 and based on some of the changes made to signal timing sequencing, there were improvements. Additionally, he stated that the lights on Garth Road were modified and there should be improvements as well. In conclusion, Mr. Mathew Johnson noted that the inforaation presented to Council was not submitted to the Commission. At 7:52 P.M., Mayor Capetillo closed the appeal hearing regarding agenda item 1 La. b. Consider affirming, reversing, or modifying the decision of the Planning and Zoning Commission to deny the request to a place traffic signal at Marketplace Drive and Garth Road. Mayor Capetillo inquired from City Attorney, Ignacio Ramirez the most prudent option for Council to approve regarding agenda item I I.b. Mr. Ramirez recommended that Council suspend the agenda item until additional information could be provided. Mrs. Foster noted that additional information could be provided even after a final decision from Council. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Heather Betancourth approving to suspend agenda item I I.b. to be reconsidered on or before May 30, 2020. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes July 25, 2019 Page 16 of lb C. Consider an ordinance amending Chapter 94, Article IV, Section 94-121 of the Code of Ordinances, Baytown, Texas, to update Schedule IX by adding one (1) traffic signal at the intersection of at the intersection of Marketplace Drive and Garth Road. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Heather Betancourth approving to postpone agenda item 1 I.e. on or before May 30, 2020. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Term Robert C. Hoskins, Council Member David Himsel Nays: None Approved d. Consider an ordinance awarding a construction contract to Statewide Traffic Signal Company for the Garth Road at Marketplace Drive Traffic Signal Project. A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to postpone agenda item 1 Ld. indefinitely. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved 12. APPOINTMENTS a. Consider one (1) appointment to the Planning and Zoning Commission. Mayor Capetillo presented the agenda item and considered the appointment of Mr. Jeffrey L. Walters to the Planning and Zoning Commission, which was vacated by Mr. Oscar Chaps's resignation. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving the appointment of Mr. Jeff Walters to the Planning and Zoning Commission. The vote was w follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council City Council Regular Meeting Minutes July 25, 2019 Page 17 of 18 Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved b. Consider one (1) appointment to the Tax Increment Reinvestment Zone No. One, City of Baytown, Texas (TIRZ). Consider one (1) appointment to the Baytown Redevelopment Authority. Mayor Capetillo recommended that agenda items 12.b. and 12.c. be considered together and he appointed Mr. Oscar Chapa to both the TIRZ and the BRA. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth approving the appointment of Mr. Oscar Chaps. to the Tax Increment Reinvestment Zone (TIRZ) No. One and the Baytown Redevelopment Authority (BRA). The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancwu tb, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved 13. MANAGER'S REPORT Mayor Capetillo expressed appreciation to staff for presenting Council with the necessary information regarding the budget in order to properly prepare for the budget work session. Assistant City Manager Troller further acknowledged the West Baytown Civic Association, Staff, and Council for their time and service to the City. 14. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending litigation. b. Recess into and conduct an executive session pursuant to 551.072 of the Texas Government Code to deliberate the purchase of real property in the Downtown Arts District for a development project. City Council Regular Meeting Minutes July 25, 2019 Page 18 of 18 At 8:01 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending litigation and pursuant to 551.072 of the Texas Government Code to deliberate the purchase of real property in the Downtown Arts District for a development project. At 10:02 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. 15. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the July 25, 2019, City Council Regular Meeting at 10:03 P.M.