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2019 10 24 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 24, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 24, 2019, at 6:31 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 Robert Hoskins Council Member Brandon Capetillo Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the October 24, 2019, City Council Regular Meeting with a quorum present at 6:31 P.M., all members were present with the exception of Council Members Betancourth and Himsel who were both absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Alvarado. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a Proclamation designating November 4-8, 2019, as Municipal Courts Week in Baytown. Mayor Capetillo presented to Judge Escalante a proclamation designating November 4-8, 2019, as Municipal Courts Week in Baytown. b. Present recognition to the City of Baytown Municipal Court clerks that have achieved their Municipal Court Clerk's Certification. Municipal Court Judge Escalante recognized the municipal court staff members that achieved their certification and thanked them for their commitment to providing exceptional service to their customers. She presented to the clerks awards for such achievements and further noted that the program had three levels of certification, which require hours of continuing education, exams and attendance to certain classes and/or online courses. C. Recognize City of Baytown Employees for their Years of Service City Council Regular Meeting Minutes October 24, 2019 Page 2 of 30 HR Specialist, Tracy Woolston presented the agenda item and recognized City of Baytown employees for their years of service. 5 Years: Beverly Mount, Municipal Court Clerk Eric Sullivan, Firefighter 10 Years: David Johnston, Police Patrol Officer Cliff Hatch, Parks Superintendent of Recreation Earl Hams, Public Works Heavy Equipment Operator 11 2. PROPOSED ANNEXATION OF 67.82 ACRES OF LAND Planning and Community Development Director, Tiffany Foster requested to summarize agenda items 2.a. and 2.b. together. a. Conduct a first public hearing regarding the proposed annexation of approximately 67.82 acres, located along the northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the Gorge Ellis League, Abstract 21, Harris County, Texas. b. Consider an ordinance authorizing a Service Agreement with Goose Creek Consolidated Independent School District, concerning the annexation of approximately 67.82 acres, located along the northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the Gorge Ellis League, Abstract 21, Harris County, Texas. At 6:49 P.M., Mayor Capetillo opened and conducted a fast public hearing regarding the proposed annexation of approximately 67.82 acres, located along the northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the George Ellis League, Abstract 21, Harris County, Texas. Mrs. Foster stated that the intent of the annexation was to build a new middle school adjacent to Goose Creek Memorial High School for the Goose Creek Consolidated Independent School District (GCCISD). She stated that agenda item 2.b. was the service plan agreement of how the City would provide municipal services to the property due to the voluntary annexation request. With there being no one registered to speak regarding agenda item 2.a., Mayor Capetillo closed the first public hearing at 6:50 P.M. Mrs. Foster noted that the agenda item would come before Council for the second public hearing. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 14,222, regarding agenda item 2.b. The vote was as follows: City Council Regular Meeting Minutes October 24, 2019 Page 3 of 30 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT CONCERNING THE ANNEXATION OF APPROXIMATELY 67.82 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF EAST WALLISVILLE ROAD APPROXIMATELY 1,800 FEET WEST OF NORTH MAIN STREET, ADDRESSED AS 6427 EAST WALLISVILLE ROAD, AND SITUATED IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. PROPOSED ORDINANCES a. Consider an ordinance approving the continued receipt of the share of bingo prize fee funds collected on charitable bingo activity that occur within the city Waits of Baytown. City Attorney, Ignacio Ramirez presented the agenda item and noted that this agenda item was discussed in the previous work session. He stated that in order for the City to continue receiving the percentage of the prize money fee required by statue, the City must opted in and pass Ordinance No. 14,223, but if the City wanted the money to go back to the bingo operator after November 1 st, the City would have to opted out. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 14,223, 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 Robert C. Hoskins Nays: None City Council Regular Meeting Minutes October 24, 2019 Page 4 of 30 Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CONTINUED RECEIPT OF ITS SHARE OF BINGO PRIZE FEE FUNDS; IMPOSING SUCH FEE FOR BINGO GAMES CONDUCTED IN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. In. Consider an ordinance authorizing a professional service agreement for the Baytown Public Safety Facility with Architects Design Group, Inc. Public Works and Engineering Director, Frank Simoneaux presented the agenda item and stated that Ordinance No.14,224, authorizes a professional services agreement for the Baytown Public Safety Facility with Architects Design Group, Inc., in the amount of $3,838,107.25. He further stated that the scope of work included schematic design, final design, bid phase services, and construction phase services necessary for the completion of the project which consists of: • Public Safety Facility (104,000 SF); • Police Vehicle Maintenance & Storage Areas (9,800 SF); • Fire Vehicle Maintenance & Storage Areas (13,700 SF); • Demolition of Existing Buildings and Construction of a new plaza; and • Future Facilities Mayor Capetillo inquired of the completion of the design phase of the project. In response to Mayor Capetillo's inquiry, Mr. Simoneaux stated that the timeframe would be estimated at one year. Additionally, Mr. Simoneaux noted that once the design was completed the estimated construction would be 14 to 15 months. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 14,224, regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Lawn Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None City Council Regular Meeting Mmutes October 24, 2019 Page 5 of 30 Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT WITH ARCHITECTS DESIGN GROUP, INC., FOR THE BAYTOWN PUBLIC SAFETY FACILITY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE MILLION EIGHT HUNDRED THIRTY-EIGHT THOUSAND ONE HUNDRED SEVEN AND 25/100 DOLLARS ($3,838,107.25); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Professional Service Agreement with Transmap Corporation for citywide pavement management and asset management services. Mr. Simoneaux presented the agenda item and stated that Ordinance No.14,225, authorizes a professional service agreement with Transmap Corporation for citywide pavement management and asset management services in the amount of $99,216.93, to include the assessment of the street conditions within the City, along with the following services: • Citywide pavement condition assessment: o Raw data will be collected of 334 centerline miles of street in Baytown using an ON - SIGHT' HD mapping vehicle. o Perform advanced inspections using a pro-filometer for delivery of Crack Map ortho- photogmphy and citywide rutting. o MicroPaver will be used to identify the pavement condition index some for each segment of roadway. Transmap will meet with City staff to review maintenance/rehabilitation activities, analysis procedures, and load roadways into MicroPaver, including those added since the original survey in 2015. o On -Site MicroPaver I Training for two days, covering every phase of MicroPaver work flow. Transmap shall complete all of the required services within 117 calendar days of the effective date of the agreement. During further discussion, Mr. Simoneaux stated that a street rehabilitation plan was already in place and once updated, adjustments would be made accordingly. He further noted that recommendations from Council would be taken into consideration. City Council Regular Meeting Minutes October 24, 2019 Page 6 of 30 Council Member Hoskins inquired if the width of the road was considered and recommended that the narrow streets be widened to accommodate emergency service vehicles for safety purposes. Mr. Simoneaux stated that the width was taken into an account, but it was not a factor to analyze, but noted that it would be taken into consideration. Assistant City Manager, Nick Woolery noted that Transmap would provide the assessment for the physical condition of the street and not necessarily the width. Council Member Alvarado inquired if the PCI rated sidewalks. Mr. Simoneaux stated that the PCI did not rate sidewalks, but there was a separate program for such. Assistant City Manager Woolery noted that because sidewalks take a little more manual labor, an intem program was being utilized for such, as it would include every sidewalk in the City being looked at. He further noted that there was a Sidewalk Master Plan that looked at which sidewalks were missing and the sidewalks that needed to be replaced would be added to such plan. A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 14,225, regarding agenda item 3.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tom Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH TRANSMAP CORPORATION FOR CITY-WIDE PAVEMENT MANAGEMENT AND ASSET MANAGEMENT SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-NINE THOUSAND TWO HUNDRED SIXTEEN AND 93/100 DOLLARS ($99,216.93); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Third -Party Supplemental Environmental Project Agreement with the Texas Commission on Environmental Quality (TCEQ) regarding funding for the Residential Sewer Line Repair and Replacement Program. City Council Regular Meeting Minutes October 24, 2019 Page 7 of 30 Mr. Simoneaux presented the agenda item and stated that Ordinance No. 14,226, authorizes a Third -Party Supplemental Environmental Project ("SEP") Agreement with the Texas Commission on Environmental Quality ("TCEQ") regarding funding for the Residential Sewer Line Repair and Replacement Program. He stated that the agreement agrees to accept what violators could contribute to in lieu of paying for violations. Additionally, he stated that the SEP would have the purpose of improving residential sewer lines to reduce inflow and infiltration ("I&I") to the City's wastewater collection system. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 14,226, regarding agenda item 3.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE THIRD -PARTY SUPPLEMENTAL ENVIRONMENTAL PROJECT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Professional Service Agreement with HIT Professionals, Inc., for engineering services related to the Hurricane Harvey FEMA Section 404 and Section 406 Project for East District Wastewater Treatment Plant. Mr. Simoneaux presented the agenda item and stated that Ordinance No.14,227, authorizes a professional service agreement with KIT Professionals, Inc., for the Hurricane Harvey FEMA Section 404 and Section 406 Project for East District Wastewater Treatment Plant (EDWWTP) in the amount not to exceed $1,179,079.00. He stated that the Project includes preliminary engineering analysis, design, bidding, construction administration and related design services for improvements to facilities damaged during Hurricane Harvey and provides mitigation against future hazards. He stated that the facilities include the following: Influent Lift Station No. 1; Sludge Dewatering Building and equipment; Disinfection Building and equipment; Grit Pump Station; Wasting Pump Station; and the Sludge Pump Station. He further stated that the City applied for reimbursement from Federal Emergency Management Agency (FEMA), in which if approved, FEMA would cover 90% of the design and construction expenses while the City City Council Regular Meeting Minutes October 24, 2019 Page a of 30 would be responsible for 10%. Additionally, he noted that Staff reviewed rankings of consultants with the A&E Committee on July 17, 2019. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 14,227, regarding agenda item 3.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIT PROFESSIONALS, INC., FOR ENGINEERING SERVICES RELATED TO THE HURRICANE HARVEY FEMA SECTION 404 AND SECTION 406 PROJECT FOR EAST DISTRICT WASTEWATER TREATMENT PLANT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED SEVENTY-NINE THOUSAND SEVENTY-NINE AND NO/100 DOLLARS ($1,179,079.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance adopting the Incentive Policy for the Baytown Revitalization Incentive Zone to exercise certain municipal powers in such neighborhood empowerment zone. Mrs. Foster presented the agenda item and stated that the Baytown Revitalization Incentive Zone (the "Zone") Ordinance No.14,228, adopts the Incentive Policy for the "Zone" to exercise certain municipal powers in such neighborhood empowerment zone. She stated that the existing revitalization zone area was expanded to add the frontage of the local Highway 146 and the Bayway Drive corridor. She stated that a requirement was added so that anyone seeking to utilize the program would adhere to the design and masonry standards in the ULDC. She noted that HB 2439 took away the City's allowance to employ those types of standards on new construction; therefore, this would require anyone seeking assistance through the City through this particular program to adhere to such standards. Jason Butler registered to speak regarding agenda item 3.f. City Council Regular Meeting Minutes October 24, 2019 Page 9 of 30 Mr. Butler, a retail business owner at 207 W. Defee, stated that he has been in business for approximately six (6) months, in which about five (5) months prior to this meeting, he applied for a permit for an awning, but there was no real guidelines or direction for such. He stated that although staff was very helpful, the process was grueling and after getting the license agreement approved, he was then asked to provide drawings for a 150mh wind rating, which is not required if the area was less than 350 ft. Additionally, he noted that his awning area space was only 280 ft. Council Member Presley stated with regards to the empowerment zone that the City of Baytown was on the lighter side of incentives with the average being seven (7) years compared to other cities throughout the state of Texas. He stated that in such areas there should be less burden and bureaucracy on those who are trying to take advantage of incentives and further proposed to have a discussion with regards to the possibility of streamlining the permit process. Mayor Capetillo requested for staff to address the reason for such a prolonged process for Mr. Butler. Assistant City Manager Woolery noted that this particular concern in question was not regarding the typical permit, as the awning is a bit different. Council Member Alvarado inquired that if the permit was already approved, why would Mr. Butler need to provide additional engineering drawings and further inquired if Mr. Butler could receive reimbursement if it was determined that the drawings were unnecessary. Mayor Capetillo recommended to not have such discussion, but stated that Council Member Alvarado's inquiry regarding reimbursement would be considered. Council Member Johnson inquired of the steps it would take to increase the City of Baytown's tax abatement to seven (7) years. Mayor Capetillo further inquired if the policy could be amended at the current meeting. Mr. Ramirez recommended that more time be allowed in order to appropriately draft such amendment. During further discussion, Mayor Capetillo inquired if there was an additional code that should be put in place or if there were exemptions that Council should consider in the future. Mrs. Foster stated that the existing building code is included in the current codes, in which, rehabilitating an existing building would have a different standard from that of a new building. She noted that she was not familiar with any other codes to add other than safety, but further noted that historical preservation was considered and although it could be beneficial it was costly to maintain. Additionally, Mrs. Foster stated that the time period for the tax abatement would be reviewed for consideration. Council Member Presley inquired if the City of Baytown did local amendments to the building code. Mrs. Foster stated that in Chapter 18 was the City's local building code, which included international codes and amendments. City Council Regular Meeting Minutes October 24, 2019 Page 10 of 30 A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 14,228, regarding agenda item 3.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE INCENTIVE POLICY FOR THE BAYTOWN REVITALIZATION INCENTIVE ZONE TO EXERCISE CERTAIN MUNICIPAL POWERS IN SUCH NEIGHBORHOOD EMPOWERMENT ZONE; EXPANDING THE BAYTOWN REVITALIZATION INCENTIVE ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the First Amendment to the Professional Services Agreement with HR Green, Inc., for the S. Main Street and E. Republic Avenue Storm Sewer Project. Mr. Simoneaux presented the agenda item and stated that Ordinance No.14,229, authorizes the First Amendment to the Professional Services Agreement with HR Green for the CDBG Disaster Recovery Program, Drainage System Improvements for the S. Main Street and E. Republic Avenue Storm Sewer Project ("Project") in the amount of $285,281.16, to include services for the final design, bidding, and construction phase. He stated that City Council approved the original agreement with HR Green, Inc., for the preliminary engineering services for this Project on August 08, 2019, in the amount of $112,086.25 and noted that this amendment brought the total contract price to $397,367.41. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 14,229, regarding agenda item 3.g. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None City Council Regular Meeting Minutes October 24, 2019 Page 11 of 30 Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE CDBG DISASTER RECOVERY PROGRAM, S. MAIN STREET AND E. REPUBLIC AVENUE STORM SEWER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY- FIVE THOUSAND TWO HUNDRED EIGHTY-ONE AND 16/100 DOLLARS ($285,281.16); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution granting the petition of Developers Diversified Realty Corporation for the proposed annexation of approximately 4.86 acres, located approximately 285 feet west of West Road and 670 feet north of West Cedar Bayou Lynchburg Road and situated in the Ed. T. Schaffer (W.C. & R.R.) Survey, Abstract No. 1224, Harris County, Texas. Mrs. Foster presented the agenda item and noted that the petition, which is considered a voluntary annexation, was a little different than the typical annexation. She stated that the property was outside of the city limits in the year 2012, in which there was a development agreement with the City done in lieu of annexation, so that the property could remain outside of the City for seven (7) years. Additionally, she stated that the year 2019 was the seventh year and the property was vacant with a portion of it being used for detention. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Robert C. Hoskins approving Resolution No. 2616, 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, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved RESOLUTION NO.2616 City Council Regular Meeting Minutes October 24, 2019 Page 12 of 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF DEVELOPERS DIVERSIFIED REALTY CORPORATION, FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 4.86 ACRES, LOCATED APPROXIMATELY 285 FEET WEST OF WEST ROAD AND 670 FEET NORTH OF WEST CEDAR BAYOU LYNCHBURG ROAD AND SITUATED IN THE ED. T. SCHAFFER (W.C. & R.R.) SURVEY, ABSTRACT NO. 1224, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting the petition of Ray Mandl for the proposed annexation of approximately 35.1 acres, located along the southern boundary of Hunt Road approximately 2,040 feet west of North Main Street, addressed as 703 Hunt Road, and situated in Ashbel Smith Survey, Abstract No.1562, Harris County, Texas. Mrs. Foster presented the agenda item and stated that the subject property also had a 2012 development agreement. She stated that they were moving forward with the voluntary annexation, but noted that there was a pipeline in the middle of the property that may cause a challenge, in which the interested parties were made aware of. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Resolution No. 2617, 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 Johnston, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved RESOLUTION NO.2617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF RAY MAHDI, FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 35.1 ACRES, LOCATED ALONG THE SOUTHERN BOUNDARY OF HUNT ROAD APPROXIMATELY 2,040 FEET WEST OF NORTH MAIN STREET, City Council Regular Meeting Minutes October 24, 2019 Page 13 of 30 ADDRESSED AS 703 HUNT ROAD, AND SITUATED IN ASHBEL SMITH SURVEY, ABSTRACT NO. 1562, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution supporting the United States Census Bureau by establishing the Mayor's Complete Count Committee to coordinate effort and increase community awareness to achieve the most accurate and complete population count in the 2020 Census. Mrs. Foster presented the agenda item and stated that April 01, 2020 was Census count day. She stated that the reason for this resolution request was to start a Complete Count Committee to engage the community for the census count. She stated that the census number count stays for ten years and noted that it was important as it's used for many things done in the City. She further noted that there would also be subcommittees created and introduced Melissa Allala, Senior Parmenhip Specialist for the US Census Bureau office to provide more information on the importance of the census. Ms. Allala stated that the constitution requires that the census counts every resident in the country whether a citizen or not. She stated that the law protects census responses, in which the law did not change. She stated that the questions, on average, takes approximately ten minutes for responses, but may vary depending on how many live in the home. She stated that people would be able to respond online, by phone, by mail, or when an enumemtor knocks on the door, as early as, March 12, 2020. Ms. Attalla stated that the census information would be available in thirteen languages online and by phone. She stated that the results of the census determine representation and at a national level the population counts determine the number of seats for each state U.S. House of Representatives. She noted that various programs were funded by an annual budget of approximately $675 billion dollars, but in order to assure that people can have access to such resources, everyone's participation is needed as the success of the census program depends on such. Additionally, she stated that three easy ways to assist with such endeavors include the City encouraging census participation through the formation of a Complete Count Committee, everyone responding to the census, and everyone help promoting census jobs. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving Resolution No. 2618, regarding agenda item 4.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes October 24, 2019 Page 14 of30 RESOLUTION NO.2618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE UNITED STATES CENSUS BUREAU BY ESTABLISHING A COMPLETE COUNT COMMITTEE TO COORDINATE EFFORTS AND INCREASE COMMUNITY AWARENESS TO ACHIEVE THE MOST ACCURATE AND COMPLETE POPULATION COUNT IN THE 2020 CENSUS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution canceling the Thursday, November 14, 2019, and Monday, November 25, 2019, City Council Meetings and calling for a Special City Council Meeting to be held on Monday, November 18, 2019, at 6:30 P.M. City Clerk, Leticia Brysch noted that the canvass for the November 2019 election would be scheduled for November 18, 2019. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Resolution No. 2619, regarding agenda item 4.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved RESOLUTION NO.2619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELLING THE REGULAR MEETINGS SCHEDULED FOR NOVEMBER 14, 2019, AND NOVEMBER 25, 2019; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON NOVEMBER 18, 2019; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CONSENT A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving consent agenda items 5.a. through 5.ii., with the exception of 5.1. The vote was as follows: City Council Regular Meeting Minutes October 24, 2019 Page 15 of 30 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved a. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordinances, to authorize the installation of one stop sign on the eastbound approach of Morrell Street to Cornell Street and one stop sign on the westbound approach of Morrell Street to Cornell Street. ORDINANCE NO. 14,230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1) STOP SIGN ON THE EASTBOUND APPROACH OF MORRELL STREET TO CORNELL STREET AND ONE (1) STOP SIGN ON THE WESTBOUND APPROACH OF MORRELL STREET TO CORNELL STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordinances, to authorize the installation of one stop sign on the southeastbound approach of Savell Drive to Summer Lane and one stop sign on the northwestbound approach of Savell Drive to Summer Lane. ORDINANCE NO. 14,231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV 'SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD City Council Regular Meeting Minutes October 24, 2019 Page 16 of 30 INTERSECTIONS' OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1) STOP SIGN ON THE SOUTHEASTBOUND APPROACH OF SAVELL DRIVE TO SUMMER LANE AND ONE (1) STOP SIGN ON THE NORTHWESTBOUND APPROACH OF SAVELL DRIVE TO SUMMER LANE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordinances, to authorize the installation of one stop sign on the southwest -bound approach of Mississippi Street to Kentucky Street. ORDINANCE NO. 14,232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS' OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1) STOP SIGN ON THE SOUTHWEST -BOUND APPROACH OF MISSISSIPPI STREET TO KENTUCKY STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. it. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordinances, to authorize the installation of one stop sign on the southeast -bound approach of Louisiana Street to Utah Street. ORDINANCE NO. 14,233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1) STOP SIGN ON THE SOUTHEAST -BOUND APPROACH OF LOUISIANA City Council Regular Meeting Minutes October 24, 2019 Page 17 of 30 STREET TO UTAH STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. e. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordinances, to authorize the installation of one stop sign on the eastbound approach of Fleetwood Drive to Oakmont Street and one stop sign on the westbound approach of Fleetwood Drive to Oakmont Street. ORDINANCE NO. 14,234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1) STOP SIGN ON THE EASTBOUND APPROACH OF FLEETWOOD DRIVE TO OAKMONT STREET AND ONE (1) STOP SIGN ON THE WESTBOUND APPROACH OF FLEETWOOD DRIVE TO OAKMONT STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing a professional service agreement with Dannenbaum Engineering Corporation for the City of Baytown Master Drainage Plan. ORDINANCE NO. 14,235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH DANNENBAUM ENGINEERING CORPORATION FOR ENGINEERING SERVICES ASSOCIATED WITH THE CITY OF BAYTOWN MASTER DRAINAGE PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October24,2019 Page IS of30 g. Consider an ordinance authorizing the fourth renewal of the Annual Concrete Work Contract with Teamwork Construction Services, Inc. ORDINANCE NO. 14,236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED TWO MILLION AND NO/100 DOLLARS ($2,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of one thermoplastic trailer and grinder package from Transtex Transportation Products of Texas, Inc., through the Buyboard Cooperative Purchasing for the Public Works Department. ORDINANCE NO. 14,237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-FOUR THOUSAND SIX HUNDRED ONE AND NO/100 DOLLARS ($74,601.00) TO TRANSTEX TRANSPORTATION PRODUCTS OF TEXAS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) THERMOPLASTIC TRAILER AND GRINDER PACKAGE FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the purchase of two (2) KX 0574R3A and (1) one Kubota KX-080-4SR3A Track Units from Kubota Tractor Corporation through the Buyboard Cooperative Purchasing for the Public Works Department. ORDINANCE NO. 14,238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FORTY THOUSAND SIX HUNDRED EIGHTY-SEVEN AND 07/100 DOLLARS ($240,687.07) TO KUBOTA TRACTOR CORPORATION THROUGH WOWCO EQUIPMENT COMPANY THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) KUBOTA KX080-4SR3A AND TWO (2) KUBOTA KX-057-4R3A TRACK UNITS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October24,2019 Page 19 of 30 j. Consider an ordinance authorizing payment for the third year of the Annual Residential Solid Waste Collection, Disposal, and Recycling Services Contract with Waste Management of Texas, Inc. ORDINANCE NO. 14,239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR MILLION EIGHT HUNDRED SEVENTY-SEVEN THOUSAND FOUR HUNDRED NINETY-SIX AND N0/100 DOLLARS ($4,877,496.00) TO WASTE MANAGEMENT OF TEXAS, INC., AS THE COST FOR CURBSIDE RECYCLING AND RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. it. Consider an ordinance authorizing an Industrial District Agreement with CenterPoint Energy Houston Electric, LLC. ORDINANCE NO. 14,240 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 CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance approving the purchase and installation of recreation management software from CivicPlus through the General Services Administration (GSA). ORDINANCE NO. 14,241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($55,400.00) TO CIVICPLUS, THROUGH CONTRACT GS-35F-0124U OF THE UNITED STATES GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE AND INSTALLATION OF RECREATION MANAGEMENT SOFTWARE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the purchase of Microsoft Office 2019 from SHI Government Solutions. ORDINANCE NO. 14,242 City Council Regular Meeting Minutes Octobef 24, 2019 Page 20 of 30 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-FOUR THOUSAND NINE HUNDRED FIFTY-EIGHT AND 08/100 DOLLARS ($134,958.08) TO SHI GOVERNMENT SOLUTIONS, FOR THE PURCHASE OF MICROSOFT OFFICE STANDARD 2019 SOFTWARE LICENSES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the sole source purchase of a portable stage from Stageilne Mobile Stage Inc. ORDINANCE NO. 14,243 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY-ONE THOUSAND SIX HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($91,695.00) TO STAGELINE MOBILE STAGE, INC., FOR THE SOLE - SOURCE PURCHASE OF A STAGELINE SL75 MOBILE STAGE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing an amendment to the Tree Planting Agreement with Exxon Mobil Corporation. ORDINANCE NO. 14,244 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 AMENDMENT TO THE TREE PLANTING AGREEMENT WITH EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance awarding the Tree Planting and Irrigation Project to Environmental Tree and Design, Inc., and authorizing Change Order No. 1 for the deletion of the second year of the warranty on trees and irrigation. ORDINANCE NO. 14,245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ENVIRONMENTAL TREE AND DESIGN, INC., FOR THE TREE PLANTING AND IRRIGATION PROJECT; AUTHORIZING CHANGE ORDER NO. 1 TO REMOVE THE SECOND YEAR OF THE WARRANTY ON THE TREES AND IRRIGATION SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT City Council Regular Mm ing Minutes October 24,2019 Page 21 of 30 NOT TO EXCEED FIVE HUNDRED SIXTEEN THOUSAND ONE HUNDRED FIFTY-ONE AND 67/I00 DOLLARS ($516,151.67); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance approving a Professional Services Agreement with Quorum Architects, Inc., for design services related to the new Roseland Park Pavilion Facility Project. ORDINANCE NO. 14,246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH QUORUM ARCHITECTS, INC., FOR DESIGN SERVICES RELATED TO THE ROSELAND PARK PAVILION FACILITY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ELEVEN THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($111,200.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance approving the refinishing of slides and the active water play equipment at Pirates Bay Water Park with Progressive Commercial Aquatics, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 14,247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY- EIGHT THOUSAND THREE HUNDRED FORTY-TWO AND N0/100 DOLLARS ($188,342.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR SLIDE REFINISHING AT PIRATES BAY WATER PARK, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance approving the purchase of a Toro Groundsmaster 4000-D 11-foot wide Bat Wing Mower from with Professional Turf Products, LP, through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 14,248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-EIGHT THOUSAND SIX HUNDRED SIXTY-THREE AND 34/100 DOLLARS ($68,663.34) TO PROFESSIONAL TURF PRODUCTS, LP, THROUGH THE TEXAS LOCAL City Council Regular Meeting Minutes October 24, 2019 Page 22 of 30 GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF A TORO GROUNDSMASTER 4000-D 11-FOOT-WIDE BAT WING MOWER FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance awarding the Annual Portable Toilet Rental and Service to Sprint Waste Services, LP. ORDINANCE NO. 14,249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SPRINT WASTE SERVICES, LP, FOR THE ANNUAL PORTABLE TOILET RENTAL AND SERVICE CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-EIGHT THOUSAND SIX HUNDRED THIRTY- EIGHT AND 10/100 DOLLARS ($78,638.10); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider an ordinance authorizing the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations, Grito Fest, and other events in 2020. ORDINANCE NO. 14,250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TEXAS SOUNDS ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWNS JULY 3RD AND 4TH CELEBRATIONS, GRITO FEST, AND OTHER EVENTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($175,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. W. Consider an ordinance authorizing the renewal of the Agreement for Emergency Protection Services with Chambers County Improvement District No. 2 for a term expiring June 30,2021. ORDINANCE NO. 14,251 City Council Regular Meeting Minutes October 24, 2019 Page 23 of 30 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 A MEMORANDUM OF RENEWAL OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. X. Consider an ordinance authorizing the renewal of the Agreement for Emergency Protection Services with Chambers County Improvement District No. 3 for a term expiring June 30, 2021. ORDINANCE NO. 14,252 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 A MEMORANDUM OF RENEWAL OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Y. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire." ORDINANCE NO. 14,253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Z. Consider an ordinance authorizing an agreement with Labor Fast LLC, dba Retiree First for Retiree Medicare Advantage Plan Insurance under the medical carrier Humana. ORDINANCE NO. 14,254 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, 2020, THROUGH DECEMBER 31, 2020; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($725,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 24, 2019 Page 24 of 30 as. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage. ORDINANCE NO. 14,255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2020; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND SEVEN HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($110,769.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. bb. Consider an ordinance authorizing the First Amendment to the Services Agreement with General Industrial Polymers, LLC, concerning the commercial development located at 4735 Decker Drive (5110 Decker Drive), Harris County, Texas. ORDINANCE NO. 14,256 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 SERVICES AGREEMENT WITH GENERAL INDUSTRIAL POLYMERS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CC. Consider an ordinance awarding a contract for the preparation of a Storm Water Prevention Plan, asbestos abatement, and demolition of 3102 Market Street, Baytown, Texas, to Grant Mackay Company, Inc. ORDINANCE NO. 14,257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GRANT MACKAY COMPANY, INC., FOR THE PREPARATION OF A STORM WATER PREVENTION PLAN, ASBESTOS ABATEMENT, AND DEMOLITION OF 3102 MARKET STREET, BAYTOWN, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SEVENTY-EIGHT THOUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($78,450.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. dd. Consider an ordinance renewing the Annual Large Meter Testing and Repair of Neptune Water Meters Contract with Southern Flowmeter, Inc. City Council Regular Meeting Minutes October 24, 2019 Page 25 of 30 ORDINANCE NO. 14,258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL LARGE METER TESTING AND REPAIR OF NEPTUNE METERS CONTRACT WITH SOUTHERN FLOWMETER, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF EIGHTY-EIGHT THOUSAND EIGHT HUNDRED NINETY AND NO/100 DOLLARS ($88,890.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ee. Consider an ordinance renewing the Annual Repair Clamps Contract with ACT Pipe and Supply. ORDINANCE NO. 14,259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL REPAIR CLAMPS CONTRACT WITH ACT PIPE & SUPPLY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF NINETY-EIGHT THOUSAND EIGHT HUNDRED EIGHT AND 07/100 DOLLARS ($98,808.07); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ff. Consider an ordinance renewing the Annual Janitorial Supplies contract with Great Southwest Paper. ORDINANCE NO. 14,260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SUPPLIES CONTRACT WITH GREAT SOUTHWEST PAPER AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY-FIVE THOUSAND THREE HUNDRED TWENTY-THREE AND 20/100 DOLLARS ($55,323.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. gg. Consider an ordinance authorizing a Memorandum of Understanding for Shelter and Evacuation Assistance during Emergencies with the Goose Creek Consolidated Independent School District. ORDINANCE NO. 14,261 City Council Regular Meeting Minutes October 24, 2019 Page 26 of 30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF UNDERSTANDING FOR SHELTER AND EVACUATION ASSISTANCE DURING EMERGENCIES WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. his. Consider an ordinance accepting right-of-way dedications for Santavy Road from Golden Voyage Hospitality, LLC; Garth -Archer, Charles H. Grube, Ltd.; and Spirit TS Baytown TX, LLC. ORDINANCE NO. 14,262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING RIGHT-OF-WAY DEDICATIONS FOR SANTAVY ROAD FROM GOLDEN VOYAGE HOSPITALITY, LLC; GARTH-ARCHER, CHARLES H. GRUBE, LTD.; AND SPIRIT TS BAYTOWN TX, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. it. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston -Galveston Area Council for the year 2020. Mrs. Brysch noted for clarity that Mayor Capetillo designated Council Member Johnson as the representative and Council Member Presley as the alternate. RESOLUTION NO.2620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON- GALVESTON AREA COUNCIL FOR THE YEAR 2020; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5.1. Consider an ordinance authorizing the sale of a 20' x 100' tract of land located south of the property addressed as 1211 S. Airhart Drive and being a part of Lots 4, 5, and 6 Block 14 of Amelia Airhart Subdivision, and Tr. 3C4 Abstract 66 of the W. Scott Survey, Harris County, Texas, to Mist Mahi Corporation. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to suspend consent agenda item 5.1. indefinitely. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins City Council Regular Meeting Minutes October 24, 2019 Page 27 of 30 Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved 6. MANAGER'S REPORT Parks and Recreation Director, Scott Johnson presented agenda items 6.a. through 6.e. a. The Annual Heritage Festival will be held at the Republic of Texas Plaza on Saturday, October 26, 2019, from 10:00 A.M. to 4:00 P.M. b. The Environment Protectors Initiating Change (EPIC) Spooktacular will be held at the Eddie V. Gray Wetlands Education Center on Saturday, October 26, from 6:00 P.M. to 9:00 P.M. C. The first Treats on the Trail on the Jenkins Park Cary Bayou Trail is scheduled for Thursday, October 31 from 5:30-10:00 at Jenkins Park, 4334 Crosby Cedar Bayou Road. d. The "Be Well Baytown Day" will be held on Saturday, November 02, 2019, from 9 A.M. - 12:00 P.M. at the Ross S. Sterling High School Parking Lot, 300 W. Baker Road. e. The Annual Veterans Day Service will be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Monday, November 11, 2019, at 11:00 A.M. Mr. Scott Johnson stated that the Baytown Historical Preservation Association would present its annual Heritage Festival, held at the Republic of Texas Plaza on Saturday, October 26, 2019, from 10:00 A.M. to 4:00 P.M. He stated that also on Saturday, October 26, the EPIC Spooktacular would be held at the Eddie V. Gray Wetlands Education Center from 6:00 P.M. to 9:00 P.M. for an admission fee of $5 per person that would benefit activities to include face painting, a mad scientist lab, crafts and games, photo booths, indoor trick or treating and live tarantulas, snakes, and more. Mr. Scott Johnson stated that the first Treats on the Trail on the Jenkins Park Cary Bayou Trail was scheduled for Thursday, October 31, 2019, from 5:30-10:00 P.M., at Jenkins Park, 4334 Crosby Cedar Bayou Road. He stated that `Be Well Baytown Day" would be held on Saturday, November 02, 2019, from 9 A.M. - 12:00 P.M. at the Ross S. Sterling High School Parking Lot, 300 W. Baker Road. Additionally, he stated that the Annual Veterans Day Service would be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Monday, November 11, 2019, at 11:00 A.M., and in the event of bad weather, would be moved to the Community Center, 2407 Market Street, same time and date. City Council Regular Meeting Minutes October 24, 2019 Page 29 of 30 City Manager Davis recognized the public works and health departments, along with the community in west Baytown for the success of the fall cleanup held on Saturday, October 12a'. He noted that Officers Harold Jackson, Stuart LaGrone, and Jason Cox were recognized by individuals for being very helpful after responding to an accident to which they responded to. He also recognized Officer Tobias for assisting a woman with the recovery of her jewelry. He acknowledged Tele-communicator Timara Simmons for being instrumental in the delivery of twins. Additionally, he stated acknowledged Officers Cody Farrant and Walter Rauno for receiving their Advanced Officer Certificates. Council Member Alvarado noted that while at the TML Conference City Manger Davis and Assistant City Manager Woolery were recognized by a councilman from the City of Glenrose Texas for the Community Based Strategic Planning process that resulted in him being inspired to request a similar process at his city. Mayor Capetillo noted that he received many letters from some of the youth in the City of Baytown that were getting involved in the local community. 7. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding pending litigation involving the City of Baytown. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attornelys regarding Cause No. 2019-34444, Huff & Mitchell, Inc. v. City of Baytown, in the 125t Judicial District Court of Harris County, Texas. At 7:55 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 litigation involving the City of Baytown and regarding Cause No. 2019-34444, Huff & Mitchell, Inc. v. City of Baytown, in the 125" Judicial District Court of Harris County, Texas. At 8:19 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. 8. PROPOSED ORDINANCES Agenda items 8.a. and 8.b. were considered together a. Consider an ordinance authorizing a Settlement Agreement and Mutual Release regarding Cause No. 2019-34444, Huff & Mitchell, Inc. v. City of Baytown, in the 125'h Judicial District Court of Harris County, Texas. City Council RegalarMeetiag Minutes October 24, 2019 Page 29 of 30 b. Consider an ordinance authorizing the closeout, acceptance and release of the Garth Road Lift Station and Force Main Project and retainage to Huff & Mitchell, Inc. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 14,263, regarding agenda item 8.a. and Ordinance No. 14,264, regarding agenda item 8.b. The vote was as follows: Ayes: Mayor Brandon Capefillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Absent), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SETTLEMENT AGREEMENT AND MUTUAL RELEASE REGARDING CAUSE NO. 2019- 34444, HUFF & MITCHELL, INC Y. CITY OF BAYTOWN, IN THE 125TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($175,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 14,264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE GARTH ROAD LIFT STATION AND FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED SEVENTY-THREE THOUSAND SIX HUNDRED SIXTY-TWO AND 89/100 DOLLARS ($173,662.89) TO HUFF At MITCHELL, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Mmting Minutes October 24, 2019 Page 30 of 30 9. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the October 24, 2019, City Council Regular Meeting at 8:20 P.M. � �`"paeaaaaya sV Leticia Brysch, City Clerk City of Baytown$