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2019 12 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 12, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, December 12, 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 Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the December 12, 2019, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Johnson. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on September 12, 2019. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Robert C. Hoskins approving the September 12, 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 Pm Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes December 12, 2019 Page 2 of 18 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Samantha Eromenok has requested to appear before the City Council regarding the homeless population and drug issues in parts of the City. Ms. Samantha Eromenok stated that she lives in the Eva Maude Subdivision and noted that for some time a homeless man was occupying the median of North Alexander and Lanier Drive. She stated that she contacted Ms. Garcia, the assistant to the Chief of Police, with this concern and was informed that nothing could be done. She stated that contact was also made to her district council member, in which her husband received notice that the council member was aware of the concern. Additionally, Ms. Eromenok requested that the homeless individual be removed as the area had accumulated litter and visible drug transactions. Mayor Capetillo noted that he was made aware of the situation and it would be addressed. b. Houston/Galveston StormReady Advisory Board would like to congratulate the City of Baytown on StormReady Recognition. The success is clearly a result of leadership, hard work and commitment to the safety of the residents of Baytown. Dan Riley, National Weather Service Warning Coordination Meteorologist, presented the agenda item and stated that StonnRcady was a certification program from the national weather service to give credit to communities that go the extra mile regarding weather planning. He noted that the City of Baytown communicated greatly with the national weather service, as well as, the public and kept the community informed of the weather headed to the area. He stated that the emergency management team continued to be active regarding weather related outreach, hurricane preparedness, and flood preparedness. Mr. Riley stated that Baytown was one of the first communities in southeast Texas to become a Weather Ready Nation Ambassador, which is a program of weather service directed at educating the public on what to do in the event of severe weather. Additionally, he presented the City of Baytown with a StormRcady sign. C. Presentation of a Certificate of Distinction in Performance Management to the City of Baytown from the International City/County Management Association (ICMA). Public Affairs Director, Mark Miller, presented the agenda item and stated that Baytown was one of 63 cities nationwide recognized for performance management by the 1CMA. Additionally, he stated that as pan of ICMA's efforts to advance the practice of professional local government management, ICMA awards certificates each year to recognized programs that instill a culture of such performance. d. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the City of Baytown employees for their years of service. City Council Regular Meeting Minutes December 12, 2019 Page 3 of 18 25 Years John Lansford, Police Patrol Officer Derrick Gaskin, Fire Battalion Chief 30 Years Minh Kotlarz, Parks Foreman 3. PROPOSED ORDINANCES a. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 3.67 acres, located at 6700 Interstate Highway 10, and legally described as Tract IA-1 Abstract 683 W Ritchie Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. Director of Planning and Community Development, Tiffany Foster, presented the agenda item and stated that this item was previously held over from the last City Council meeting since the property owner was unable to attend. Additionally, she stated that there was an existing building, along with an improved parking area, on the property and the owner requested to rezone the property from Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. Council Member Presley inquired of the approximate square footage of the building. Mrs. Foster noted that the building was approximately 8,500 square feet. Council Member Himsel inquired as to how long the building was abandoned. Mrs. Foster stated that the building was abandoned prior to the year 2017, but noted that she was not certain m to how long. Mayor Capetillo inquired if LI uses would be available for the existing building and if future expansion of the building would be allowed. Mrs. Foster stated that LI uses would be allowed as the building currently existed and with regards to future expansion she noted that all development standards with LI would come in to play; therefore, with the OR zoning being around this particular parcel, the buffers would make it not possible. Additionally, Mrs. Foster noted that if the rezoning did not occur, LI uses would not be allowed in the building and if zoned for General Commercial (GC) some uses would be limited. During further discussion, Mrs. Foster stated that the property owner was seeking to lease or sale with the intent for an equipment rental business which was not allowed, as this type of outdoor storage use was only accessory in GC. Mayor Capetillo inquired if any type of screening in LI use would be required. Mrs. Foster stated that some of the uses in LI require screening, but it would depend on the exact uses on all of the conditions that would be included. City Council Regular Meeting Minutes December 12, 2019 Page 4 of 18 Council Member Alvarado inquired if there were comments from any of the surrounding area property owners. Mrs. Foster noted that they were aware of a project in the design phase to the west; whereas, the property owners were informed of each other's projects and were given contact information for one another. Mrs. Foster further noted that the existing uses going towards the east side were industrial in nature, but there were no questions received from the owner of such. Council Member Betancourth inquired as to how LI aligned with the Future Land Use Plan (FLUP). Mrs. Foster stated that LI was consistent with the FLUP and noted that in August there was an amendment to the FLUP that extended a business park, which is a designation to allow LI use to this property. David Evegliate registered to speak regarding agenda item 3.a. Mr. Evegliate, the property owner, stated that they were trying to stay consistent with the existing use and the FLUP until they were annexed. He clarified that the previous building, which is no longer there, was 16,000 square feet, but currently there was a 16,000 square feet slab and an 8,000 square feet building. Mr. Evegliate further inquired of the definition of expansion of the building. In response to Mr. Evegliate's inquiry, Mrs. Foster stated that she would not be able to provide an answer without an actual layout of the subject. Council Member Hoskins inquired if the fees associated with the item were waved. Mrs. Foster stated that there was an ordinance that waived the fees in this area. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 14,285, 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, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,285 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 3.67 ACRES, LOCATED AT 6700 INTERSTATE HIGHWAY 10, AND LEGALLY DESCRIBED AS TRACT IA-1, ABSTRACT 683, W. RITCHIE, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACEIRECREATION (OR) ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS City Council Regular Meeting Minutes December 12, 2019 Page 5 of 18 ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Interlocal Agreement with Harris County Flood Control District for the South Main Storm Sewer Project. Public Works and Engineering Director, Frank Simoncaux presented the agenda item and stated that Ordinance No. 14,286 authorizes an Interlocal Agreement with Harris County Flood Control District (the "District") for the South Main Storm Sewer Project (the "Project"). He stated that the project was broken into two phases with the first phase being primarily funded through the Community Development Block Grant (CDBG) that included 750 feet of street storm drainage and detention along South Main. He stated that the second phase would be mostly funded by the Harris County Flood Control District Grant, in which the grant requires 50% participation from the City of Baytown, in which the CDBG grant from phase one would go towards the 50% match. Mr. Simoneaux stated that phase two included improvements to South Main street from the point where phase one terminated to Republic Avenue, along with a detention pond. He stated that the CDBG was approximately $1.8 million and the Harris County Flood Control District grant was $2.26 million. He further stated that the combined project was estimated to cost $4.52 million for construction and there was a design contract for preliminary engineering for both phases for $112,000, along with, a final design for phase one of $285,000. Additionally, Mr. Simoneaux stated that the City of Baytown would have to fimd the design portion of phase two, which Council would see in the year 2020. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 14,286, regarding agenda item 3.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 ORDINANCE NO. 14,286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE SOUTH MAIN STORM SEWER PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 12, 2019 Page 6 of 18 C. Consider an ordinance authorizing the Professional Service Agreement with 5engineering, LLC., for the Sjolander and Crosby Cedar Bayou Water and Wastewater Annexation Project. Mr. Simoneaux presented the agenda item and stated that Ordinance No. 14,287 authorizes a Professional Service Agreement with 5engineering, LLC, for the Sjolander and Crosby Cedar Bayou Water and Wastewater Annexation Project, in an amount not to exceed $917,221.66. Additionally, he stated that this area was annexed in the year 2017, and the City is required to provide the area with utility services. Council Member Johnson inquired as to how long after being annexed does the City have to provide services. Mrs. Foster stated that upon annexation the City has to provide similar utilities to the type of land between 2 1/2 to 4 1/2 years. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving Ordinance No. 14,287, 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, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,287 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 FIVENGINEERING, LLC, FOR ENGINEERING SERVICES ASSOCIATED WITH THE SJOLANDER AND CROSBY CEDAR BAYOU WATER AND WASTEWATER ANNEXATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINE HUNDRED SEVENTEEN THOUSAND TWO HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($917,221.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution accepting a donation from Exxon Mobil Corporation in support of a community project located in West Baytown. City Council Regular Meeting Minutes December 12, 2019 Page 7 of 18 Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the City of Baytown accepted a $15,000 donation in support of a community project located in West Baytown. A motion was made by Council Member Laura Alvarado and seconded by Council Member David Himsel approving Resolution No. 2627, 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 Tom Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO.2627 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF SIXTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($16,500.00) FROM EXXON MOBIL CORPORATION FOR PARKS IN COUNCIL DISTRICT NO. 1: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting the petition of Andal Saw USA LLC, for the proposed annexation of approximately 63.57 acres, located along the northern boundary of FM 565 Road approximately 1,000 feet east of FM 1405 Road, addressed as 1411 S. FM 565, and situated in the R.A. Porter Survey, Abstract 205 and the B.B.B. & C. Railroad Survey, Abstract 61, Chambers County, Texas. Mrs. Foster presented the agenda item and stated that the petitioner requested to annex the subject property, in which there was development on it. She noted that the petitioner had a large portion of land already in the City limits. Additionally, she stated that after receiving the petitioner's request, staff would work with the departments to do a service plan with the hearings and readings to follow. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member David Himsel approving Resolution No. 2628, 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 RESOLUTION NO.2628 City Council Regular Meeting Minutes December 12, 2019 Page 8 of 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF JINDAL SAW USA, LLC, FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 63.57 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF FARM -TO - MARKET 565 ROAD APPROXIMATELY 1,000 FEET EAST OF FARM -TO - MARKET 1405 ROAD, ADDRESSED AS 1411 S. FARM -TO -MARKET 565 ROAD, AND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT 205 AND THE B.B.B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS a. Receive and discuss a report regarding the Brunson Entrepreneurial Center. At 7:27 P.M., Mayor Capetillo left the meeting and Mayor Pro Tern Hoskins presided in his stead. At 7:30 P.M., Mayor Capetillo returned to the meeting. Mr. BJ Simon of the Baytown -West Chambers County Economic Development Foundation presented the report concerning the Brunson Entrepreneurial Center. He noted that the project was rebranded to the Brunson Entrepreneurial Center and in 2017, a survey was done to understand what the ecosystem to entrepreneurship was, in which the items reviewed of such included technical assistance, networks, capitalization, and community infrastructure. He further noted that incubation space, along with, co -working space was lacking. He explained that incubation offered space, flexible lease terms, access to technology, and technical assistance and proximity to other same like entrepreneurs. He stated that some of the types of incubators that exist across the country included mixed use, technology, manufacturing, and service. He noted that the hybrid was the most appropriate for the marketing opportunity in Baytown. Mr. Simon stated that the Brunson Entrepreneur Center was a co -working space and entrepreneur development consistent with the EDF's Economic Vitality Program (EVP) that was adopted in 2017. He stated that the biggest challenge was getting Brunson stabilized and finding it's most appropriate management, but noted that the foundation was moving forward. He stated that the entrepreneur development recommendation came from the EVP with the timeline to start in 2020. He defined co -working as an environment for the use to share equipment, ideas, and knowledge. He stated that according to the Houston Chronicle, co -working space and other work environments occupy more than 1.4 million square feet in buildings throughout the Houston area, which is three times as much since 2010. He further stated that CBRE estimated that by 2030, there would be approximately 600 million square feet of flexible space. City Council Regular Meeting Minutes December 12, 2019 Page 9 of 18 Mr. Simon stated that the targeted space for such users included finance, insurance, and real estate professionals, in which potential employment would increase with such use. He noted that potential users may also include e-learners, artists, direct sales professionals, instructional designers, coaches/speakers, trainers, consultants, software developers, social media consultants, content writers/bloggers, project professionals, community development experts, creative professionals and real estate agents/brokers. He stated that the point of obtaining access to a unit would be through the Nexudus portal with the proposed cost for part-time access of $125 monthly and full-time access of $175 monthly. He stated that other proposed access fees included dedicated full-time desk at $275 monthly, a ten day pass at $8.50 a day or a 41 day pass at a cost of $10 a day. Further during the presentation, Mr. Simon stated that the plan was to utilize the market platform for this program through Houston Business Journal, ABC 13, SBDC Network, and possibly coworker.com. Council Member Johnson recommended having designated parking for the renters. Additionally, Council Member Alvarado recommended having a fee for such designated space. b. Receive and discuss a presentation regarding the Imagine Baytown Strategic Plan Year 2 Progress Report. Assistant City Manager, Nick Woolery presented the agenda item and stated that in 2017, City Council adopted a 5-year Strategic Plan based on the input from citizens during the Imagine Baytown process. He stated that Year 1 was implemented from October 2017 through September 2018 and Year 2 was completed in October 2019. He noted that the Strategic Planning Advisory Committee was presented with a similar report and the feedback was positive. Mr. Woolery stated that there was significant progress on the Year 2 strategies that were still in progress, which included revisiting franchise agreements to address low -hanging wires and leaning poles; augmenting the egress safety at Fire Station 1, augmenting Animal control officer deployment to potentially include evenings, and stiffening the penalties for loose/stray animals. With regards to community reputation and image, Mr. Woolery noted that some of the key successes for Year 2 included the implementations of the new Public Affairs team, the second phase of Here, We Grow Giants campaign, as well as, a mini mural program; the replacement of street signage; median landscaping improvements on Garth Road and Rollingbrook; the installation of trash fences at several prominent commercial locations; funding secured and design started on the new Animal Control & Adoption Center; and the addition of a new TxDOT right-of-way maintenance crew. He noted that the decrease in crime rate continues to be a positive trend. Additionally, he stated that the three main initiatives for Year 3 regarding reputation and image was to build relationships to attract and market high quality housing in Baytown, continue to enrich the marketing of Baytown's unique qualities, and enhance overall City appearances through targeted infrastructure. With regards to infrastructure and mobility, Mr. Woolery stated that the key successes included the completions of San Jacinto Boulevard, Hunt Road from John Martin to North Main, and the Centerpoint LED conversion; the secured approval for a SEP project to assist homeowners in City Council Regular Meeting Minutes Dmetuber 12, 2019 Page 10 of 18 repairing private sewer lines, as well as, the secured grant funding for major drainage improvements near West Texas and South Main; major progress on a new surface water treatment plant; and the continued implementation of new pavement management techniques. He noted that improvements on traffic and congestion management was still in progress and further noted that the roadway accident rate continued to decrease with a 15% reduction over the past years. Additionally, he stated that the main initiatives for Year 3 regarding infrastructure and mobility included the continued expansion of marketing the trail system and implementing strategies to facilitate safe and efficient traffic flow in and around Baytown. With regards to community amenities, Mr. Woolery stated that the key successes included the completion of the redevelopment of Brunson; improvements to Holloway and Central Heights Parks, Jenkins Dog Park, Hutto Parkway Trail, and the San Jacinto Mall demolition; the Hotel Convention Center redesign with final agreements nearing completion; additional events to Town Square; and the addition of a Marketing/Outdoor Event Coordinator. He noted that the hotel occupancy rate was trending down, but started to trend upward. Additionally, he stated that the Year 3 initiatives and strategies for community amenities were to implement strategies that further the revitalization of the Downtown Arts District, continue to increase the amount and variety of community events, and to continue to pursue redevelopment in targeted areas throughout the community. With regards to neighborhood quality, Mr. Woolery stated that the key successes included the continuation of proactive enforcement of city codes, an additional Community Engagement Coordinator position, completion of a Market Street Corridor plan, funding for the Bayway Corridor Plan, four additional Animal Control Officers, and a pilot program to create neighborhood associations in older areas of the City. He noted that there was an incline in the average sales price of residential units. Additionally, he stated that the Year 3 initiatives and strategies for neighborhood quality included continuing to enhance community engagement in Baytown, as well as, efforts to improve compliance with City codes. With regards to operational excellence, Mr. Woolery stated that the key successes included the securing of $66 million in funding from Enterprise Products to build a new Public Safety Headquarters facility, implementation of an emergency response improvement plan, continued implementation of the Process Improvement & People Empowerment (PIPE) program, and the City receiving the Certificate of Distinction in Performance Management from ICMA. He stated that the initiatives and strategies for operational excellence included continuing to look at development and permitting processes. Additionally, he noted that the City's Imagine Baytown Community Scorecard could be viewed at www.imaginebavtown.com. Council Member Alvarado inquired as to when the plan to begin the next five years would start. Mr. Woolery stated the beginning of Year 5, the process for the next five years would start. City Manager Davis stated that he would like to expand on citizen's participation 6. CONSENT City Council Regular Meeting Minutes December 12, 2019 Page 11 of 18 A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving consent agenda items 6.a. through 6.n. 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 a. Consider an ordinance approving a construction contract between the Baytown Area Water Authority and LEM Construction Co., Inc., for the Fritz Lanham Surface Water Treatment Plant Chemical Improvements Project. ORDINANCE NO. 14,288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CONSTRUCTION CONTRACT AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND LEM CONSTRUCTION CO., INC., FOR THE FRITZ LANHAM SURFACE WATER TREATMENT PLANT CHEMICAL IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving Change Order No. 7 between the Baytown Area Water Authority and Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface Water Treatment Plant. ORDINANCE NO. 14,289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 7 TO THE BAYTOWN AREA WATER AUTHORITY 6 MOD SURFACE WATER TREATMENT PLANT PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PEPPER LAWSON WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance rejecting the bids for the N. Main Concrete, Paving and Preservation Project received on November 19, 2019. ORDINANCE NO. 14,290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS RECEIVED FOR THE N. MAIN City Council Regular Meeting Minutes December 12, 2019 Page 12 of 18 CONCRETE, PAVING AND PRESERVATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance renewing the 2018 Annual Sanitary Sewer Rehabilitation Project with Texas Pride Utilities, LLC. ORDINANCE NO. 14,291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2018 ANNUAL SANITARY SEWER REHABILITATION PROJECT FOR YEAR 2 WITH TEXAS PRIDE UTILITIES, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving the payment to the Texas Commission on Environmental Quality for the City of Baytown's water system fee. ORDINANCE NO. 14,292 AN ORDINANCE OF THE Crl'Y COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF EIGHTY- FIVE THOUSAND ONE HUNDRED FIFTY-FOUR AND 65/100 DOLLARS ($85,154.65) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the purchase of (i) one (1) Ford F-150 crewcab, (ii) two (2) F-250 supercab Trucks with SWAB Animal Transport Bodies from Silsbee Ford Inc., through GoodBuy Purchasing Cooperative, for the Public Works Department and the Health Department's Animal Control Division. ORDINANCE NO. 14,293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY- FIVE THOUSAND SEVEN HUNDRED SIXTEEN AND 75/100 DOLLARS ($125,716.75) TO SILSBEE FORD INC., THROUGH GOODBUY PURCHASING COOPERATIVE, FOR THE PURCHASE OF ONE (1) FORD F-150 CREWCAB AND TWO (2) F-250 SUPERCABS WITH SWAB ANIMAL TRANSPORT BODIES FOR THE PUBLIC WORKS DEPARTMENT AND THE HEALTH DEPARTMENT'S ANIMAL CONTROL DIVISION; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 12, 2019 Page 13 of la g. Consider an ordinance authorizing the Second Amendment to the Lease of Premises with Solid Waste, Ltd. Inc., for the Baytown Marina. ORDINANCE NO. 14,294 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 THE SECOND AMENDMENT TO THE LEASE OF PREMISES WITH SOLID WASTE, LTD. INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the First Amendment to the Collective Bargaining Agreement with the Baytown Professional Firefighters' Association to delay the TCFP Driver/Operator-Pumper Certification promotional eligibility requirement until July 01, 2020. ORDINANCE NO. 14,295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL It 73; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the purchase of ninety-one (91) sets of bunker gear and nine (9) pair of harnessed pants from Casco Industries, Inc., through the Texas Local Government Purchasing Cooperative (BuyBoard) for the Fire Department. ORDINANCE NO. 14,296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FORTY- EIGHT THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($248,600.00) TO CASCO INDUSTRIES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF NINETY-ONE (91) SETS OF BUNKER GEAR AND NINE (9) PAIRS OF HARNESSED PANTS FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance renewing an agreement with The Lincoln National Life Insurance Company as the carrier/administrator for the City of Baytown's long-term disability benefits. City Council Regular Meeting Minutes December 12, 2019 Page 14 of 1s ORDINANCE NO. 14,297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL LIFE INSURANCE COMPANY AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND AND NO1100 DOLLARS ($180,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing a Service Agreement with ReliaStar Life Insurance Company, as the carrier/administrator for the City of Baytown's stop loss coverage. ORDINANCE NO. 14,298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICE AGREEMENT WITH RELIASTAR LIFE INSURANCE COMPANYNOYA FINANCIAL AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE MILLION NINE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($1,930,000.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. ORDINANCE NO. 14,299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2020 TAX YEAR IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-THREE THOUSAND ONE HUNDRED FOUR AND NO/100 DOLLARS ($233,104.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider an ordinance authorizing the purchase of a mobile command center from LDV, Inc., through Houston -Galveston Area Council (H-GAC) for the Police Department. City Council Regular Meeting Minutes December 12, 2019 Page 15 of 18 ORDINANCE NO. 14,300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED FIVE AND NO/100 DOLLARS ($371,205.00) TO LDV, INC., THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF A MOBILE COMMAND CENTER FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution opposing any federal legislation that further infringes upon local government's ability to manage its public rights -of -way, to provide for local media through PEG channel obligations, and to receive appropriate fees and in -kind contributions for the use of the public rights -of -way by cable companies. RESOLUTION NO.2629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OPPOSING FEDERAL LEGISLATION THAT INFRINGES UPON LOCAL GOVERNMENT'S ABILITY TO MANAGE ITS PUBLIC RIGHTS - OF -WAY, TO PROVIDE FOR LOCAL MEDIA THROUGH PEG CHANNEL OBLIGATIONS, AND TO RECEIVE APPROPRIATE FEES AND IN -KIND CONTRIBUTIONS FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY BY CABLE COMPANIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider three (3) appointments to the Community Development Advisory Committee (CDAC). City Clerk, Leticia Brysch presented the agenda item to consider the appointments of Mr. Antonio Hinojosa, District 1; Mr. Roberto Diaz, District 2; and Ms. Lauren Heffernan, District 4 to the Community Development Advisory Committee. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth approving the appointments of Mr. Antonio Hinojosa, District 1; Mr. Roberto Diaz, District 2; and Ms. Lauren Heffernan, District 4 to the CDAC. 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 City Council Regular Meeting Minutes December 12, 2019 Page 16 of 18 Nays: None Approved b. Consider five (5) appointments to the Planning and Zoning Commission. Mrs. Brysch presented the agenda item to consider the appointments of Jeffrey Walters, Mayor At Large; Agustin Loredo, District l; Tracey Wheeler, District 3; and Shawn McDonald, District 5. Additionally, she noted that there was still a vacancy for the City Manager ETJ position. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Charles Johnson approving the appointments of Jeffrey Walters, Mayor; Agustin Loredo, District 1; Tracey Wheeler, District 3; and Shawn McDonald, District 5 to the Planning and Zoning Commission. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourtb, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved Consider one (1) City Manager's appointment to the Civil Service Commission. Mrs. Brysch presented the agenda item to consider the appointment of Mr. David Jirrels to the Civil Service Commission. She stated that Mr. lirrels served his sixth consecutive term as a civil service commissioner; therefore, per the rules, his appointment would have to be confirmed by two-thirds majority vote of all the members of Council. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving the appointment of Mr. David Jirrels to the Civil Service Commission. The vote was confirmed by raising the right hand as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancwurth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved 8. MANAGER'S REPORT City Council Regular Meeting Minutes December 12, 2019 Page 17 of 18 City Manager Davis recognized Officers Bryce Perkins and Kevin Zinter for being instrumental after responding to a suicide attempt. He also recognized Officers Natalie Robinson and Robert Parker for going over and beyond to assist an officer from the City of New Orleans who was involved in an accident in Baytown. He further acknowledged Detective Nathan Gallop for receiving his Master's Peace Officers Certificate. Additionally, City Manager Davis stated that an individual, who decided to pursue a career as a paramedic because of the treatment received by Engine 4 responders, EMS, and a life flight crew after being involved in a motor vehicle crash, received a visit from the current Engine 4 responders at San Jacinto College. 9. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 8:14 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 8:50 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. 10. MOTIONS a. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. Mrs. Brysch noted that the Municipal Court Judge's appointment would be considered at the first meeting in January. A motion was made by Council Member Heather Betancourth and seconded by Council Member Chris Presley approving the salary increase of the Municipal Court Judge to midpoint of grade E81. 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 11. ADJOURN City Council Regular Meeting Minutes December 12, 2019 Page 18 of 18 With there being no further business to discuss, Mayor Capetillo adjourned the December 12, 2019, City Council Regular Meeting at 8:51 P.M. LetABBrysch, City Clerk � y 30Citwn °°"