Minutes of the Specialmeeting of the City Council

City Council Special Meeting Minutes

March 19, 2012

Page 12 of 12

D R A F T

MINUTES OF THE SPECIALMEETING OF THE CITY COUNCIL

OF THE CITY OF BAYTOWN

March 19, 2012

The City Council of the City of Baytown, Texas, met in aSpecialMeeting on Monday, March 19, 2012,at6:31P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:

Brandon Capetillo Council Member

Robert Hoskins Council Member

David McCartney Council Member

Terry Sain Council Member

Scott Sheley Council Member

Stephen H. DonCarlos Mayor

Robert D.Leiper City Manager

Ron Bottoms Deputy City Manager

Ignacio Ramirez City Attorney

Leticia Brysch City Clerk

Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the March 19, 2012, City Council SpecialMeeting with a quorum present at 6:31P.M., all members were present with the exception of Council Member Mercedes Renteria III who arrived at 6:40 P.M.

Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain.

1. MINUTES

a. Consider Approving the Minutes of the City Council Regular Meeting for March 08, 2012 - City Clerk.

A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the March 08, 2012, City Council Regular Meeting minutes as submitted. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, and Council Member Scott Sheley

Nays: None

Other: Council Member Mercedes Renteria III (Not present for vote)

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Citizen Communication: Daniel McFarland.

Mayor DonCarlos presented the agenda item and stated that Mr. Daniel McFarland requested to address Council regarding the lack of restrooms for jurors at the Baytown Municipal Court, but was not present at the meeting.

b. Proclamation: National Library Week – Library.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to members of the Friends of the Sterling Municipal Library for National Library Week, April 8-14, 2012.

c. Proclamation: National Public Safety Telecommunications Week - Communications.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation declaring National Public Safety Telecommunications Week from April 8 - 14, 2012, to Mr. Ray Pheris, Communications Coordinator for the City of Baytown.

d. Proclamation: National Community Development Week - Planning and Development Services.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation declaring the week of April 9-14, 2012, as National Community Development Week to Ms. June Tyler, CDBG Program Manager and Mr. Norman Barnett, CDAC Board Member.

e. Recognition: San Jacinto Hospital's Recognition of Mr. Dana Dalbey.

Mayor DonCarlos stated that due to personal reasons, Mr. Dana Dalbey could not be present this evening to receive said recognition. Mayor DonCarlos requested that staff place this item on a future Council agenda.

f. Presentation: The Baytown Police Department Receives Recognized Status for Best Practices and Policies and Procedures - Police.

Mayor DonCarlos presented the item and asked Chief Keith Dougherty, Police Chief for the City of Baytown to speak on the item.

Police Chief Dougherty introduced Police Chief Dave Barber, Police Chief of the City of Flower Mound and Committee Chair of the Texas Police Chief's Association to present the Baytown Police Department with a recognized status for best practices and policies.

Police Chief Dougherty received the recognition and stated that when he was appointed as police chief by former city manager Garry Brumback, he was tasked with finding an alternative to the CALEA certification that the department was undertaking. Police Chief Dougherty stated that he recommended this program, which was also supported by current City Manager Leiper, and he could not have accomplished this great task without the help and support of Assistant Chief David Alford and Assistant Chief Roger Clifford.

g. Present Years of Service Awards - Human Resources.

City Manager Leiper presented the item and recognized City of Baytown employees for their years of service.

5 Years:
DrewPotts, Purchasing Manager, Finance
Jesse Gutierrez, Detention Officer, Police
Mark Miller, Paramedic, Health
25 Years:
Kenneth Dew, Sergeant, Police

30 Years:

Mark Medrano, Equipment Operator, Fire

h. Present the Employee and Team of the Month - Human Resources.

City Manager Leiper presented the item and stated that Ms. Veronica Arenas, Parks and Recreation Department, is the employee of month for February 2012, but would have to be recognized at the next council meeting.

City Manager Leiper presented the February team of the month to Mr. Bill Baylis, Ms. Amy Haire, Mr. Barry Hawkins, Ms. Carol Howell, Ms. Leasa Lopez, Ms. Misty Lowe, Mr. Shawn Fischer, Mr. Mark Freeman, Mr. Drew Potts, Mr. Shawn Russiand Mr. Russell White for their work on the FEMA and NIMS training audit.

3. PROPOSED ORDINANCES

a. Consider Awarding A Construction Contract for the Business 146 Waterline Project- Engineering.

City Manager Leiper presented the agenda item and stated thatOrdinance No.11,894 awards aconstruction contract for Business 146 Waterline to ISIContracting, Inc., for an amount not to exceed $164,780.00. The scope includes constructing approximately 530 feet of flanged steel waterline attached to a new West Bound TxDOT bridge, connecting the line to existing waterlines. Onebidwas received and publicly opened on March 8, 2012, at 2:30 P.M. in the City Council Chambers.

A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 11,894. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain and Council Member Scott Sheley

Nays: None

Approved

ORDINANCE NO. 11,894

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ISI CONTRACTING, INC., FOR THE BUSINESS 146 WATERLINE PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY AND NO/100 DOLLARS ($164,780.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

b. Consider Authorizing the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc.,for the Baytown Marina - Administration.

City Manager Leiper presented the agenda item and stated that Ordinance No. 11,895authorizes the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc. ("Solid Waste") for the Bayland Marina.

City Manager Leiper stated that on February 04, 2002, the City entered into a Lease of Premises Agreementwith Solid Wastefor the lease and operation of the Harbor Master Facility located on a portion of Bayland Island.Because of the damage to the Marina during Hurricane Ike, Solid Waste has been unable tooperate the Marina and the City has suspended its rental payments during thistime. However, with the opening of the new marina, the City andSolid Waste wish to amend the agreement (i) to clarify themaintenance of the marina to ensure that it is consistent with and does not invalidate the newwarranty on the floating dock system and (ii) to update thelease to reflect the appropriate rental paymentsrecognizing that the marinaiscurrently not occupied.City Manager Leiper stated that as proposed, thefuture monthly rental payments will be as follows:

Monthly Base Rental Payment*

· For the first four months, April 01, 2012 – July 31, 2012, the cost is that of $1.00

· For the time period of August 01, 2012 – March 31, 2013, the payment will be calculated as follows: $3,905 x (# Occupied Slips/Total Slips)

· From April 01, 2013 – March 2014, the payment will be calculated as follows: $3,905 x ((# Occupied Slips X 2) /Total Slips) or $3,905 once at least half of the slips are occupied From April 01, 2014 to the end of remaining option periods $3,905

City Manager Leiper stated that in any case in the during second year, when the occupancy reaches 50 %the rental payment will go to full rent and remain at such. Additionally, the beginningApril 01, 2013, the monthly rental payment shall be increased yearly by the applicable CPI-U.

Mr. Tim Hazelwood requested to speak on this item and stated that he would like Council to consider adding another option of 42 months to the current contract to allow him an opportunity to recover the money of approximately $30,000 that was spent while the marina was out of service. Mayor DonCarlos inquired of the expiration of the contract. City Manager Leiper stated that the contract expires in 2020, and that Mr. Hazelwood renewed his second option contract in 2010. Additionally, the options are for a five (5) year period and Mr. Hazelwood’s second option expires in 2015, leaving him with a remainder of one option that expires in 2020. City Manager Leiper stated that Mr. Hazelwood is requesting to add an additional option of 42 months on the end of the contract so that in 2020 he would have one more option period of operations.

City Manager Leiper stated that staff came up with the structure of Mr. Hazelwood’s request, however, because of the time period in which the Marina was not operable, it was not due to the City’s fault or negligence, and hence staff did not add it to the proposal. City Manager Leiper stated that there is a change in the contract amendment adding a catastrophic loss clause, which states that either party can void the contract in the event of a catastrophic event. City Manager Leiper also stated that this clause was not in place with the past contract, which resulted in a number of issues once the marina was destroyed in Hurricane Ike because neither the City or Mr. Hazelwood were at fault, but the terms of the contract had to be met.

A motion was made by Council Member McCartney and seconded by Council Member Mercedes Renteria III to approve the contract as is and then consider the additional option at a later date as he prefers to have more time to review all of the details related to possible amendment.

Council Member Capetillo recommended tabling the item until a later date, in order to give Council more time to review Mr. Hazelwood’s request. City Manager Leiper stated that he recommended that Council take action on the item this evening, and allow staff to bring back an amendment to this contract at another meeting. He further stated that both staff and Mr. Hazelwood supported the adoption of the contract being presented to Council this evening. City Manager Leiper further stated that this item is time sensitive as the Marina’s opening is imminent and this structure needs to be put in place. Additionally, City Manager Leiper stated that there is enough time for an amendment to be made, if need be. Council Member Capetillo inquired, for verification purposes, of the expiration of Mr. Hazelwood’s contract and if it is under the option of the City or himself. City Manager Leiper stated that Mr. Hazelwood is currently in his second option until 2015. City Manager Leiper further stated that as long as the operator is paying the rent and abiding by the rules of the contract, then the City should stay out of their business. Mr. Hazelwood agreed that he was in support of the contract and requested that Council consider adding the option at a later date.

Mayor DonCarlos stated that he supported taking action on the current contract this evening and wanted more time to consider all the implications of Mr. Hazelwood’s proposed option.

A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 11,895. The vote was as follows:

Nays: None

Approved

ORDINANCE NO. 11,895

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 FIRST AMENDMENT TO THE LEASE OF PREMISES WITH SOLID WASTE, LTD. INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

4. PROPOSED RESOLUTIONS

a. Consider a Resolution Amending the Baytown Downtown Façade Improvement Program Guidelines - Planning and Development Services.

City Manager Leiper presented the agenda item and stated thatResolutionNo. 2,187amends the Downtown Façade Improvement Program (BDFIP) guidelines to increase the amount of the foregivable loan for side facades to up to 50% of the cost of construction or up to $20,000, whichever is less; provided the following conditions are met:

1. the Side Façade improvements are made in conjunction with a Front Façade project approved by the Task Force,

2. the Front Façade is located in the first five blocks of West Texas Avenue between Main and Pruett Street,and

3. the Side Façade is located adjacent to Main Street, Commerce Street, Ashbel Street, Gaillard Street, Jones Street, or Pruett Street.

City Manager Leiper stated that if such conditions are not satisfied for a side facade improvement, the amount of the foregivable loan shallremain at 50% of the cost of construction or$10,000, whichever is less. City Manager Leiper stated that this proposed change was brought to light by Dr. Warford who is working on updating his building on Texas Avenue.

Council Member Capetillo asked how much money is left in this program. City Manager Leiper stated that there would be enough money for this project and one more.

Chris Presley requested to speak on this item and stated that he was happy that this program was getting better and less restrictive in its guidelines. Mr. Presley recommended that there be more members of the public on the façade committee, and felt that most if not all the members of the committee should be citizens in lieu of staff. He further stated that he supported a differentiation of areas on Texas Avenue as it relates to the façade program, allowed uses and architectural standards.

A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving Ordinance No. 2187. The vote was as follows: