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2014 03 27 CC MinutesMINUTES O T11U REGULAR MEFITING OF THE CITY COUNCIL Cell{` THE : TY OF BAYTOWN MARCH 27,2014 The City Council of the City of Baytown, '1 Teri nic°t in a Regular Meeting on ml hursday, fir` €arc 27, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the followinty in attendance; Brandon C"apetillo Council Mcrrrb r Robert Hoskins Council ncil Member David McCartney ___ Mayor Pro Tern Chris Presley Council Member Terry Sain Council Member Stephen 11. DonCarlc s Mayer Ron l ottonis Deputy City Manager Kevin 'Troller assistant City Manager Ignacto Ramirez City Attorney Leticia Brysch City Cblcrk Keith DOLIgIlctly Sergeant at Arms Mayor- DonCarlos convened the March, 27. 2014, City Council Regular Mecting with a quorum present at :30 P.M., all members were present with the exception of Council Mernber Mercedes Renteria III, who was absent. Pledge of allegiance, Texas fledge, and Invocation was led by Council Member David McCartney. 1. MINUTES Mayor DonCarlos stated that items La and 1.b would be taken together. a. Consider approving the minutes of the City Council Regular Mecting held on February 27, 2014. b. Consider approving the ruinutes of the City Council Work Session and Regular lccti g held on March 13, 21114 A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Cap tilfo with corrections of David avid McCartney as Mayor Pro Tern. The vote was as follows:_ City Comi it Regular Meeting Minutes March 27. 2014 Ayes: Mayor Stephen DonCarlos Council Member Braudo ll Capetillo, Council Member Robert C. Hoskins, Mayor rear Prc Tern David McCartney, Council Member Terry Sain, Council Member Chris Presley _ Nays: None Other: Council Member Mercedes l enteria 111 (Absent) Approved . RECOGNITIONS ITION AND CITIZEN COMMUNICATIONS a. Recognize the four ( age group Nvinn rs and the overall `vinner of the 2014 Trash- Off art contest: Assistant Director l leaalth, Tony Gray presented the agenda item and recognized (lie four (4} age group winners, and the overall winner of the 2014 Trash-Off art contest. He stated that the Trash- Off art c0a7test k utl is vaas held on February 7tla at the Art l eague aand the jud es avcre Virginia Hoskins, Antoinette Woodward, Priscilla Hopkins, and Scott Slicley. Additionally, Mn Gray stated that the loth annual Trash-Off and Household Hazardous Waste collection event is Saturday, April 05, 2014; from :00 A.M. to 2.00 P.M. Ms. Melissa Sorenson Presented the winners as follows: -? airl I" - Juan Enciso Cesar Garc i a 3`1 - Jacquelynn lie Shazo 3rd-5th lea Jeremy Nicantschlik 2` Sara Kirby 3 n Miley Kimble 6th-8th I" - Nicole >Cava rubia 2"d - Nancy P Pere 3`d , Cristiian Matchett 9th -1 2tla I" - Kevin Vargas " Dai sy C'aaaalicas 3"1 - C "amryn Toney Overall Winner Jeremy Ni nitsclik City Council Regular Nileetirig Minutes Nlarcti 27. 2014 li. f ecca ni C °ity° of l ay°trrwwrr Employees for their Years cif c.�rsice (5, 111, 15 pills years). Assistant Director Of Human Resources Lioncl Williams presented and recognized City of Baytown Employees for their years of service (5, lt;t. 15 Talus years). T Years: Anthony l l wskin - Public Works Wastewater Operator III 15 Years: Millard Williams Firefighter 20 `ears: Lorenzo Goodley - Parks & Recreation Heavy Equipment Ope actor [ 3. AN INTEXATION OF APPROXIMATELY 28.2 ACRES OF LAND a. Conduct the first public hearing regarding, the proposed d voluntar ' annexation of approximately 28.2 acres of land situated in Block 20 Highland lMarnis '.C.R.R Co. Survey No.1, Abstract No. 899, 11arris County, Texas. At :44 P.M., Mayor DonCarlos opened and conducted the first public hearing regarding the Proposed voluntary annexation cat` apprc xitaaatcly 28.2 acres cif' land situated in Block 20, Highland Fairurs W.C.R.R Co. Survey No.1, Abstract No, 899, Harris, County, Texas. Interim Director cif® Planning, `T i1'lainy Foster Presented the agenda itcm and stated that the annexation is for appro itanartels 28 acres that's South of Interstate 10 slightly west of Garth Roaa& She stated the intended rise: of the; property is for commercial development ol° above 60 commercial reserves. She ftirther stated that this is the site for tlae new Krogers. With there being, no one registered to speak, Mayor DonC'aarliis closed the first public hearing at 6:45 P.M. li. __ Conduct the second public hearing regarding the proposed voluntary annexation of approximately 28.2 acres of land situated in Block 20, Highland Farms W.C'.R.R Co. Survey No.1, Abstract Nay. 899, llairris co nty 'rexas. At 665 P.M., Mayor DonC "aar'los opened and conducted the second; Public hearing, regarding the proposed voluntary annexation of approximately 2 .2 acres Of' land situated in Block 20, Highland Fanns W.CR, l CO urvcy No. 1, Abstract No. 899, 1lairris county, `rexas. With there being no one registered to speak, Mayor DonC"arrlos closed the second public licarring atCaA6P.M. 4. REZONING OF APPROXIMATELY 35.8 ACRES OF LAND City Council Regular Meeting Minutas March 27. 2014 Pate 4 of a. Conduct the public hearing concerning a proposed amendment to the official zoning map for approximately 35.8 acres legally described as a portion of Tract 94 -0.1: out of the Christian Smith Survey Abstract 22 & John Steele Survey Abstract 227, Chambers County, Texas, located Crest of West Bay Road and east of Cedar Bayou, from an Open Space /Recreation (OR) District to Light Industrial (LI) District. At 6:46 P.M., Mayor DonCarlos opened and conducted the public hearing concerning a proposed amendment to the official zoning met) for approximately 35.8 acres legally described as a portion of Tract 94 -0 -1 out of the Christian Smith .Survey Abstract 22 & John Steele Survey Abstract .227, Chambers County, Texas, located west of West Bay Road and east of Cedar Bayou, from an Open Space/Recreation (OR) District to tight Industrial (LI) District. Todd Riedel, Victoria Fayle, Keith Coburn, and Clads Buckner all registered to speak at the public hearing regarding agenda item 4.a .Interim Director of Planning, Tiffany Foster stated d ro the public hearing concerns an :application to rezone approximately 35.8 acres of land from an Open Space,,Recreation (OR) District to Light Industrial (LI) District. She stated that the majority of the . tract is outside the city limits; however, 500 feet closest to Cedar Bayou is within the city and currently zoned OIL Mrs. Foster stated that the intended use of this land is for outdoor storage to support the industrial fabrication business that is on the portion of land that is outside of the city limits. She stated that the Planning and Zoning Commission held two public hearings and on February 18,.2014, voted to recommend denial of the proposed zoning amendment from OR to Ll. She stated that since that time, staff has worked with the applicant and discussed the option of rezoning this area as General Commercial (GC) as it is a less intensive use and allows for outdoor storage. She stated that the GC requires for an opaque screening which could be in the form of beans, trees; or a fence. She further stated that whether the property is zoned LI or GC. the first two hundred feet from Cedar Bayou is protected by the w =atershed protection zone, in which nothing would be able to be constructed there unless they complete an application and no through a completely separate review. Additionally, she stated that the applicant provided a complete site plan of the entire property for review. Mayor DonCxrlos inquired as to what would be stored on the storage facility. Mrs.. postal stated that the materials for the fabrication business would be stored on the storage facility and that the building would potentially be covered storage without walls. Mir. 'Todd Riedel, state that his request is for the proposed property to be zoned 1.1, He stated that the future plan is to move one of their current locations to tine proposed site. He stated that they manufacture products in the oil field industry primarily fabrication for vessels and pumps. but that they were not a pipe yard. fie stated that of the proposal, the 200 feet of heavy wooded natural vegetation area Gone the Bayou would remain that way and serve as a sufficient screen for the storage yard. He stated that their current location in Houston is heavily populated by residents and they have not had any complaints or problems, During further discussion, an inquiry was made as to what type of material would be stored at the outdoor facility and the concern of ndrse. Mr. Riedel stated that they would store large valves, City Council Regular Meeting.Minutes March 27, 2014 Page 5 of and nothing vertical but relatively horizontal. Poe stated that they currently do not operate at night, but was aware of the noise, as well as, the light ordinance and would adhere to them. Fie further stated that in their application they stated that they would face all lighting to the east. He :stated that they would reluctantly agree to the zoning of GC because they're not sure as to how much latitude it would provide them for the storage yard. Restated that they don't anticipate building within the 500 feet section and that they would work closely with the neighbors to make sure that whatever is put there would be neighborly. During further discussion, there was in an .inquiry regarding the reason for this site location. Mr. Riedel stated that they believe in the future that they'd be able to use the barge access successfully from this location. An inquiry was made as to why the reluctantly bf agreerngto the GC zoning if it allows for what the application is requesting. Mi..Riedel stated that the reluctantly is because they don't know enough about the GC zoning, but they are very familiar with the LI zoning because thin's what their business is. Ms. Victoria Faylerstated that she lives at 1224 Kilgore Road and is against the proposal. Mr. Keith Coburn stated that he lives at 1224 Kilgore Road and asks that Council give something less, if possible, and maintains some type of bander for this business. Mr.,Chris Buckner stated that his request is for Council not change the 500 Feet open recreation designation. At 7i08 P.M., Mayor DonCarlos closed the public hearing. It. Consider an ordinance .rezoning a property of 35.8 acres legally described as a .portion of Tract 94 -0 -1 out of the Christian Smith Survey Abstract 22,:& John Steele Survey Abstract 227, Chambers County; Texas, located west of West Bay Road and east of Cedar Bayou, from an Open Space /Recreation (OR) District to Light Industrial (Lt) District. -After further discussion, it was the consensus of the Board d to approve the rezoning of this property from OR to GC A.motion was made by Council Member Chris Presley and seconded by Council Member Terry Sam approving the rezoning of this property from OR to GC. All board members acknowledged approval by raising their night hands. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Terry Sam, Council Member Chris Presley ..........Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,502 Chy Council Regular Meeting Mines March 27. 2014 Page of 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,. AMENDING 'fHE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 35,8 ACRES LEGALLY DESCRIBED AS A POR I'ION OF TRACT 94 -0 -1 OUT OF THE CHRISTIAN :SMITH SURVEY. ABSTRACT 22 AND JOHN STEELE SURVEY_ ABSTRACT 227, CH ANIBERS COUNTY, TEXAS, LOCATED WEST Of- WEST BAY ROAD AND EAST OF CEDAR BAYOU, FROM AN OPEN SPACE/RECREATION (OR) DISTRICT TO A..LIGHT INDUSTRIAL (LI) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF I'WO THOUSAND AND NO/100 DOLLARS (52,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE: AND PROVIDING FOR 'IHE PUBLICATION AND EFFECTIVE DATE TI IEREOF. 5. PROPOSED ORDINANCES ou Consider an ordinance setting a public hearing to discuss and review the update of the land use assumptions, capital improvements plan and impact fee. Director of 1 n dnecring, Jose Pastrana presented the agenda item and stated that the City Council is required by the Local Government Code to set a public healing to discuss and review, the update of the land use assumptions and capital improvements plan ( "CIP ") and impact fee, as well as, to determine whether to amend the plan. lie stated that the City is required to update this plan every five (5) years. He Further stated that the City is seeking to unread the. CIP to expand the eligible projects that can use impacts fees to assist with funding. lie stated that the public hearing is set for May 08. 2014, to 0A0 P.M. in the Council Chambers. A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12.503. The vote was as follows: Ayes: Nlayor` Stcpiien DonCarlos,.Couneil Member Brandon Capetilia, CotiiScil Member Robert C. Hoskins, Mayor Pro Tam David McCartney, Council Member 'I'orry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria HI. (Absent) Approved ORDINANCE NO 12,503 Gity C�nuneil Regular Meeting Minutes March 27,'014 Page 7 ,123 AN ORDINANCE OF THE CITY COUNCIL. OF THE (TI Y OF I3AYPOWN, TEXAS, ICI: FERMINiNG `1IEVI THE LAND USE ASSUMPI IONS AND CAPITAL IMPROVEMENT'S PLAN SHOULD BE AMENDED; SETTING A TIME, DATE ANT) PLACE FOR A PE13LIC I [FARING TO DISCUSS AND REVIEW THE PROPOSED UPDATED LAND USE, ASSUMPTIONS, CAPITAL [IMPROVEMENTS PLAN, MAXIMUM IMPACT EEL": PER SERVICE UNIT AND TILE.. CORRESPONDING ORDINANCE; ANTI 'PROVIDING FOR T HE FFP1 C FIVE DATE E THEREOF- It. Consider an ordinance authorizing a professional service agreement oath cirrus Engineers. Inc., for the John iilartin Road improvements South of 11110 Project. NE Pasti"lm c Engineering Director presented the agenda item and stated that Ordinance No. II_: 04 authorizes a Professional Service Agreement. with Sims Fns ;insets, Ina, for the John Marrin Road Improvements South of 11110 Project in an amount not to exceed S12L2fi4.9ti. Iie stated that tilt scope of the work for this prgject includes the preliminary design, the final design, the construction phase services, and all engineering, services necessary to provide COnStrnCt1011 documents For the poliect. He stated that the roadway is being, designed as a five lime Boulevard, but the .initial improvements rally only include three lanes clue to funding Innitations. Ile Portlier stated that the unprovcmerus to John Martin are bcing coordinated with Harris County who is partnering with the City to design John Martin from where our improvements leave off south to Hour Road, including the intersection at Htint and the Mgnalizationh Additionally.. Mr. Pasnana stated that the County is also using Sinus Engineers for design continuity. A motion was made by Council Member Brandon C'apetillo and seconder( by Council Member Robert C. Hoskins applovmg Ordinance.No. 17,504, The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon C"apetillo, Council Member Robert C Hoskins, Mayor Pro Tem David McCartney, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria fit (Absent) :Approved ORDINANCE NO. 12,504 City Council Regular %lectog Minutes iMamh 27:2014 Page 8 of 23 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF BAYTOWN, TEXAS. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERIC TO ATTEST TO A PROFESSIONAL SERVICES ACRE EMIfNF WITH SIRRUS ENGINEERS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE JOAN MARTIN ROAD IMPROVEMENTS SOUTH OF 11-1 -10 PROJECT: AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -ONE THOUSAND TWO HUNDRED SIXTY -FOUR AND NOl100 DOLLARS ($121.264.00); MAKING OTHER PROVISIONS RELATED THERE`FO; AND PROVIDING FOR THE EFFECTIVE, DATE THEREOF. C. Consider an ordinance authorizing an interlocai agreement with the Raytown Municipal Development District for funding the Sanitary Sewer Extension near 4080 East Freeway, Deputy City Manager Bottoms; presented the agenda nevi and stated that Ordinance N6: 12,565 authorizes an interlocal agreement with the'Bm town Municipal Development District ( "MDD ") for funding the Sanitary Sewer Extension for the surroundinb areas of and including the new Bn- cee's. A motion was tirade by Council Member Terry Sain and seconded by Mayor Pro Tern David McCartney approving Ordinance No. 12,505. The vote lvas as follows: Ayes: Mayor Stephen DonCarlos; Couneil Member Brandon Capetillo, Council Member Robert C. Hoskins „Mayor Pro Tem David McCartney, Conned Member Terry Saim Council Member Chris Presley Nays: Note Other: Council Member Mercedes Renteria III (Absent) .Approved ORDINANCE NO 12,505 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVE,LOPiNIENT' DISTRICT FOR THE FUNDING OF THE SANITARY SEWER EXTENSION NEAR 4080 EAST FREEWAY PROJECT.; AND PROVIDING FOR THE I FFF,CTIVE DATE THEREOF. d. Consider an ordinance awarding a construction contract for the Sanitary Server Extension near 4080 East Freeway Project. City Council Regular Meeting Milt's March 27, 2014 Page 1) of 23 Mr. Pastrana presented the agenda item and stated that Ordinance No 12;506 awards a construction contract for the Sanitary Sewer Extension near 4080 East Freeway Project to Horseshoe Construction, Inc., in the amount of 5304,335 plus S25,000 for Otuner Contingency and 515,000 for Testing Serviees (if needed) avhich brings the contract total to S344,335. He stated that three (3) bids were received and publicly opened on March 04, 2014, at 230 P.M. in the Council Chambers and Horseshoe Construction Inc., was the lowest bidder Ile stated that he .scope of work consists of the construction of approximately 400 linear feet of 18 inch diameter sewer line across the I -10 and all pertinetices -and manholes necessary to lie into the Sift station on the north side of MIT He stated that thk nets sewer line will serve the new, Bu -ece's and additional development in the area. Mayor DonCarlos inquired if' the City would have to continue to boar under I -10 for the development in this area or is staff comfortable with the capacity up and down the interstate from this stretch of road to Garth. Mr. Pastrana stated that on the east side near Sjolander there is a major line crossing under I -10 that provides enounh capacity on the east side. He stated that on the west side there is a lack near the Cheddars and dealership side which is not capable of handling the growth in thatarea, so the 18 inch line Would provide for that growth. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12;506 The vote a as as follows: Ayes: Mayor Stephen DonCarlos, Council McnnbeiBrandon Capetillo, Council Member Robert C. Haskins, Mayor Pro Tern David McCartney, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) .:Approved ORDINANCE NO. 12.506 SAN 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 HORSESHOE CONSTRUCTION, INC., FOR THE SANITARY SEWER EXTENSION NEAR 4080 EAST FREEWAY PROJECT CONTINGENT UPON THE RECEIPT OF FUNDING BY THE BAYTOWN MUNICIPAL "DEVELOPNIE.NT DISTRICT; AUTHORIZING PAYMENT OF A SUM OF THREE HUNDRED FORTY -FOUR "THOUSAND THREE HUNDRED THIRTY -FIVE AND NO /100 DOLLARS (5344,335.00); MAKING OTHER .PROVISIONS RELATED THERETO; AND PROVIDING FOR THE ..:EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 27, 2014 Puze 10 of 23 6. CONSENT A motion was made by Council Member Chris Presley and seconded by Mayon' ['to Tern David McCartney approving consent agenda items 6.a: through 6.m., excluding rem 6.i. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Terry Sam, Council Member Chris Presley Nays:: None :Other: Council Member Mercedes Renterla 111 (Absent) Approved a. Consider an ordinance authorizing a Contract Amendment to the Amended. and .Restated Water Supply Contract with the Baytown Area Water Authority, to increase the contract quantity. ORDINANCE NO. 12569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE AMENDED AND RESTATED WATER SUPPLY CONTRACT WITH THE BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing an industrial District Agreement with Gulf Coast Fractionators. ORDINANCE NO. 12,508 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 GULF COAST FRACTIONATORS; AND PROVIDING FOR THE EFFECTIVE DATE T] I EREOF. C. Consider an ordinance repeating Ordinance Nos. 12,476 and 12,453, 'which were passed on March 13, 2014, concerning the second and final reading for the proposed annexation of approximately 125.65 acres of land located at the northwest corner of Garth and Wallisville Roads and the addition of such property into Council District No. 3. City Council Rgn0ar Mecting Minutes March 27, 2614 Page It o123 ORDINANCE NO. 12.509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. REPEALING IN (HEIR ENTIRET "IE:S ORDINANCE :NOS. 12,476 AND 12,493, WHICH WERE PASSED ON MARCH 13. 2014. CONCERNING THE ANNEXATION OF APPROXIMATELY 125.69 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF GARTH AND WALLISVILLE ROADS AND THE ADDI I ION OF THE SUCH PROPERTY INTO COUNCIL DISTRICT NO. : AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DAII TH REOF. - (L Consider a resolution granting the petition of Sowell Wallisville Partners, L.P., for annexation of approximately 111.82 acres of land situated in the Talcott Patching Survey, A -620, Harris County, Texas, located northwest of the intersection of Garth and Wallissnlle Roads. RESOLUTION NO. 2302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, GRANTING THE PETITION OF SOWELL WALLISVILLE PARTNERS, LP, REQUESTING ANNI {XATION OF .APPROXIMATELY 111.52 ACRES OI'' LAND SITUATED IN THE TALCOTT PATCHING "SURVEY, A -620, HARRIS COUNTY, TEXAS, AND LOCATED NORTHWEST OF ']HE INTERSECTION OF GARI "H ROAD AND WALLISVILLE ROAD: AUTHORIZING THE PREPARATION OF A :SERVICE PLAN'; AND PROVIDING FOR 'THE. 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 amend Schedule VIII "Designation - No Parking Zones" to designate :portions of State Highway 146, Chambers County, at the shoulder of the road from .Country Squire Blvd. to Sterling St. ORDINANCE NO. 12..510 AN ORDINANCE OF THE CITY COUNCIL OF IIIE CITY OF BAYTOWN. TEXAS, AMENDING CHAPTER 94" TRAFFIC AND VEHICLES,' ARTICLE IV "SPECIFIC sTRF'ET REGULATIONS," SUCTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE III "DESIGNATION —NO PARKING ZONES" TO DESIGNATE A "NO PARKING ZONE" ALONG PORTIONS OF STATE HIGHWAY 146 WITHIN THE CITY IN CHAMBERS COUNTY REPEALING ORDINANCES INCONSISTENT HEREWITH: PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS (5200:00) FOR Cite Council Regulm Meeting Mmute< March 37,_014 Page 12 EACH VIOLA "LION; AND PROVIDING FOR 'T'HE PUBLICATION AND EFFECTIVE DA "fE THEREOF. E Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street ltrgul ttions," .Section 94 -121 "Schedules enumerated" of the Code of Urdinanees, Bavton•n, Texas, to authorize the installation of one (1) stop sign on Parsle} .Avemae at Old Oaks Drive. ORDINANCE. NO. 12,511. SAN ORDINANCE OF T IIC' CITY COUNCIL OF THE crn OF BAY FOVn N, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES,- ARTICLE' 1%, `SPECIFIC SIRFIET REGULATIONS,' SFC "LION 94 -121 "SCHEDIILI:S ENUMPRAI'ED," SCHEDULE VIII "DESIGNATION - -.STOP AND YIELD INTE RSFCTIONS" OF THE CODE OF ORDINANCES OF T11I1 CM' OF BAYTOWN. TEXAS, TO AUTHORIZE F1 IF INSTALLAI ION OF ONE (1) STOP SIGN ON PARSLEY AVENUE AT ITS INTERSECTION WITH OLD OAKS DRIVE; AUTHORIZING THE POS"I'ING OF PROPIFR SIGNS: REPEALING CONFLICTING ORDINANCES: CONIAININ'G A SAVINGS CLAUSE: PRESCRIBING A MAXIMUM PENALTY OF 'I WO HUNDRED AND NOi100 DOLLARS (5200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE - TiIEREOF. g. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94- 121 "Schedules enumerated" of the Code of "Ordinances, Baytown, Texas. to authorize the installation of one (1) stop sign on Scottwood Drive at its intersection with Old Oaks Drive. OR:DINANC'E.'.NO.:12.51 _> AN ORDINANCE OF 'THE CITY COUNCIL OF 'CITE CII Y OF BAYTOWN, TEXAS, AME.?NDING. CHAPTER B4 °Ili AFFIC rAND V FE IICI,F.S " ARTICLE 1V `SPECIFIC STREET REGULATIONS," SECTION 94- 121 "SCHEDULES ENUMFRATF.D ' SCHEDULE F, Vill "DCSI(.,NA'I'ION — STOP AND YIELD IN'TERSEC;TIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS. 1'0 AUTHORIZE THE INSTALLATION OP (1) STOP SIGN ON SCOTIWOOD DRIVE AT ITS INI E:RST C LION WITH 01 1) OAKS DRIVE, A(!'1 "HORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING .A SAVINGS CLAUSE: PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRtFD AND NMOO - DOLLARS ( 520000) FOR EACH VIOLATION THEREOF: AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. h. Consider an ordinance unending Chapter 94 "Traffic and Vehicle,." Article 1V "Specific Street Regulations," Section 94-121 "Schedules enumerated " of the Code of City Council Regular Meeting Minutes March 27, 2014 Page 13 of 23 Ordinances, Baytown, Texas, to authorize . the installation of one (1) _yield sign at southbound Market Street merging onto Bayway Drive. ORDINANCE NO. 11513 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) YIELD SIGN ON SOUTHBOUND MARKET STREET .MERGING ONTO BAYWAY DRIVE; AUTHORIZING ]'HE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS (5200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. j, Consider an ordinance intending. Chapter 94 `Traffic and Vehicles," 'Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of 'Ordinances, Baytown, Texas, to authorize the installation of three stop signs in the Pruett Estates Subdivision one on Freamon Street at W. Defeo Avenue, one on Roland Street at W. Sterling Avenue, and one on Polly Avenue at West Sterling Avenue. ORDINANCE NO. 12,514 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 Vill "DESIGNATION — STOP AND YIELD INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS. TO AUTHORIZE THE INSTALLATION OF THREE (3) .STOP SIGNS IN THE PRUETT ESTATES SUBDIVISION -- ONE (1) ON - PREAMON STREET AT W. DEFEE AVENUE, ONE (1) ON ROLAND STREET AT W. STERLING AVENUE, AND ONE (1) ON FOLLY AVENUE AT WEST STERLING AVENUE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS (5200.00) FOR EACH VIOLATION TI- IERIEOF; AND PROVIDING FOR TILE PUBLICATION AND EFFECTIVE DATE THEREOF. k. Consider an ordinance authoring the renewal of the Annual No -Lead Brass Fittings Contract to ACT Pipe and Supply, Inc, City Council Regular Meeting Minutes March 27, 2014 Page 14 of 23 ORDINANCE NO. 12,515 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING. THE ANNUAL NO -LEAD BRASS" FITTINGS CONTRACT WITH ACT PIPE AND SUPPLY, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETY -FOUR THOUSAND ONE HUNDRED FIVE AND 20/100 DOLLARS ($94,105:20); MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider- an ordinance authorizing the purchase of one (1) 2014/2015 Dodge Rain 4500, 6.7 -liter Diesel Chassis, with an air suspension system and remount, through the Houston - Galveston Area Council for the Fire Department. ORDINANC NO. 12,516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED S EVENT EENTHOUSAND TWO HUNDRED SEVENTY-FIVE AND NO /100 DOLLARS. ($117,275.00) TO FRAZER, LTD., THROUGH THE HOUSTON - - .GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2014/2015 DODGE RAM 4500 6.7 -LITER DIESEL CHASSIS WITH AN AIR SUSPENSION SYSTEM AND REMOUNT OF FRAZER AMBULANCE: MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Wo Consider an ordinance authorizing the purchase of one (1) 2015 Ford F -550 crew cab and chassis,: and one (1) 2015 Ford F -350 crew cab and chassis, through BuyBoard. ORDINANCE NO. 12,517 AN ORDINANCE, OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY- FOUR THOUSAND NINE HUNDRED NINETY-NINE AND 94/100 (S134,99994)TO:SILSBEE FORD FOR THE PURCHASE OF ONE -(1) 2015 FORD F -550 CREW CAB AND CHASSIS AND ONE (1) 2015 FORD F =350 CREW CAB, BOTH WITH A 9 FOOT ALUMINUM FLATBED BODY, WITH ELECTRICAL, AND TRAILER TANK, THROUGH THE TEXAS .LOCAL. GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD);. MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE-THEREOF. 6,i. Consider an ordinance " amending Chapter 94 " "Traffic and Vehicles," Article TV "Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of :Ordinances, Baytown, Texas, . to authorize the installation of twenty4wo (22) stop signs City Council Regular Meeting Minutes March 27, 2014 :Page 15 of 23 located at: (1) on N. 1st at E. Hunnicutt Ave., (1) on N. tat at E. Adoue Ave.; (2) on N. lstat K Lobit Ave., (2) on N. 1st at E. Jack Ave., (2) on N. 2nd at E. Adana Ave.; (2) on N. 2nd at E. Lobit Ave., (2) on N. 2nd at E. Jack Ave., (2) on N. 2nd at E. Hunnicutt Ave., (2) on N. 3rd at E. Hunnicutt Ave., (2) on N. 3rd at E. Adana Ave., (2) on N. 3rd at E. Lobit Ave., and (2) on N. 3rd at E. Jack Ave. Council Member Presley stated that this is a large number of signs and wanted to be clear that the residents knew that their concerns regarding safety were addressed. ORDINANCE NO. 12,573 AN ORDINANCE OF THE CITY COUNCIL OF TIE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE 1V "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 TWENTY - TWO (22) STOP SIGNS -- ONE (1) ON E. HUNNICUTT AVENUE AT ITS INTERSECTION WITH N. IST STREET, ONE (1) ON E. ADOUE AVENUE AT ITS :INTERSECTION WITH N. 1ST STREET, TWO (2) ON N. IST STREET AT ITS INTERSECTION WITH E. LOBIT AVENUE, TWO(2) ON N. I ST STREET AT ITS INTERSECTION WITH E. JACK AVENUE. TWO (2) ON N. 2ND STREET AT ITS INTERSECTION WITH E. ADOUE AVENUE, TWO (2) ON N. 2ND STREET AT ITS INTERSECTION WITH E. LOBIT AVENUE, TWO (2) ON N. 2ND STREET AT ITS INTERSECTION WITH E. JACK AVENUE, TWO (2) ON N. 2ND STREET AT ITS INTERSECTION WITH E...HUNNICUTT AVENUE; TWO (2) ON N. 3RD STREET AT ITS INTERSECTION WITH E. HUNNICUTT AVENUE, TWO (2) ON N. 3RD .STREET AT ITS INTERSECTION WITH E, ADOUE AVENUE, TWO (2) ON N. 3RD STREET AT ITS INTERSECTION WITH E. LOBIT AVENUE, AND TWO (2) ON N. 3RD STREET AT ITS INTERSECTION WITH E. JACK .AVENUE; AUTHORIZING THE POSTING OF PROPER SIGNS: REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS (S200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tenn David McCartney approving consent agenda item 6.i. The vote was as follows: Ayes: Mayor Stephen DonCartos, Council Member Brandon Capetillo,.Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Terry Sam. Council Member Chris Presley Nays: None City Councit Regular steeUne VImu e: March 27, 2014 Pare 16 of 23 Other: Council. Member Mercedes Renteria III (Absent) Approved 7. APPEALS zi. Conduct an appeal hearing concerning the decision of the Too Truck Committee ordering a 30 -diry suspension of A Setter Choice Towing from tie City of ltaytown's nonconsent tow list for an alleged violation of the City of Baytown Code of Ordinances, Clo pter102, Article IIL At 7 :31 P.M., Mayor DotCarlos conducted in appeal bearing concerning the decision of tire Tow Truck Committee ordering a 30 -day suspension of A Better Choice Towing from the City of Baytown's nonconsent tow list for an alleged violation of the City of Baytown Code of Onlinances,.Chapter 101 Article II L The following witnesses regarding this appeal hear mg w ere sworn in by Mayor DonCarlos: Ray Pheris, Officer Puga, Mike Garner, Jeny Yarborough, David Kostka, Cindt Rodgers, Robert E. Kostka, Jr., Calvin Rutledge, and Chris Kee. During opening statements, Assistant General Counselor Camela Sandmann stated this hearing is lur the decision made by thvTow 'frock Committee on February 17. 2014, for A Better Choice Towing violation of Section 102 -16$, for solicitation of business at the scene which is prohibited. She stated that the committee hcaid all of the evidence and made a decision to suspend A Better Choice Poking for a period of 30 days. Mr. David Kostka, stated that he is (lie owner of Kostka Auto LLC, dba A Better Choice'Ibwiug and that his driver was told by another driver that he was the next company to Conte up from the list which is the only reason why he was at the scene. Ire stated that his driver didn't by to solicit any business and a thirty day suspension for something this minor is really Harsh. During the statement of facts regarding this case, Ms. Sandmann called to witness Mr. Pheris. Mr. Pheris stated that lie's the Communications Coordinatoi for the City of Baytown and lie manages the rotation list for the tow track companies, He stated that the CAD report for major accident in 2013, verified that Sanmty's Wrecker was requested therefore dispatched to the scene and A Better Choice towing was never dispatched to the scene. I -Ie clarified that this was a 'request and not from the tow list. Ms. Sandmann called to witness Officer Puga. Officer Puga stated that he issued a citation to Mr. Robert Kostka, a tow truck driver, on March 7th, because he was on the scene but was not called out by dispatch. Additionally, Officer Prep stated that the crash icport verified that the vehicle was towed by Same y's 'Powing. During further discussion,. Mr. David Kostka asked Officer Puga if his driver assisted the other towing company with the vehicle. Officer Puga stated that he did we him with the other driver, but was not sure if Mr. Kostka's driver's help was needed. Additionally, Officer Puga stated that the crash report regarding this accident on March 7th identified that the vehicle was towed by Sammy's' rowing, C it, L ounci! R gc ar %r,:Img %linute, `larch "._'013 Page 17 iif 23 Mi. David Kostka stated that his driver went to court for the citation and plead not guilty. He stated that the driver paid the court cost and took detened adjudication. Additionally, . he stated that lie didn't allow the driver to drive during the probation period. Mr. David Kostka stated that this violation was close to a year ago and since his been on Baytowns rotation has done approximately 3,000 totes. Ms. Sandmann called to witness Mt. Mike Garner. Mr, Garner- stated that a record tiom the Navlown Municipal Court Called the deterred disposition order ryas preen to the driver in question, which stated that the defendant liming been found guilty vs =as placed under the third disposition for 90 days begiradia, March 251h and :fined 5306. Mr. Garnet stated that the disposition order was a separate violation front the tow ordinance violation and was a violation for an unauthorized tow vehicle. Ms. Sandmann stated that tow violations are riot issued citations, but are brought before the Tow Truck Committcc. During htrthe.t discussion,. Mr. David Kostka stated that the only lime that he's been before the Committee was in a situation where his driver radio in uo forget notking. for him, pill his Harris 'County lot which is outside of die city limits and not permitted on the wrecker ticket. Mr. David Kostka stated that lie kneti the tow was not light, so lie corrected it and the t chicle did go to the correct location but the paper work did not reflect that t le stated that the driver was told that it didn't matter where the vehicle was taken because it was to piece of junk. Mr. David Kostka stated that lie spoke with the driver and told them that it can only go to this location, . which was the non - consent lot hilt the wrecker ticket had the wrong address. An inquiry was made as to whet) did this particular incident occur and Ms. Sandmann responded and stated that fire incident 'was Jul), 013. During further discussion, there was inquiry as to the timing of when the officer writes the driver a ticket once the) + show up at the scene and was not supposed to be there. 51s. Sandmann stated that it is at the discretion oftlie officer if he chooses to write a ticket at the hone of the accident. She stated that if the Police department reports fire violation to the City Clerk's Office, it is brought before the Tow Truck Committee which they found the company to he in violation of the Tow Track Ordinance. Additionally, Ms. Sandmann stated that the companies that are not dispatched to a scene cannot he within 500 feet of the accident scene. During Further discussion, an inquiry was made its to why the delay in timing of this situation.. Ms. Sandmann stated that it take Some time to proper], investigate complaints before being( brought before the Commivae. She stated that the past violation for Kostka was oil July 02,. 2013, when an abandoned vehicle was requested to be towed which should have gone to a city's storage lot, but was not Inoren that the vehicle went to the city stomp lot. Mt Kostka stated that the vehicle was taken the correct lot, but it (tile ticket) just didn't say it a as: Ms. Hrysch stated that a new process was setup with the Tow Truck C laurnittec around [lie fall to start receiving reports from the police department negar'ding violations inclusive to the other reports firm the City Clerk's Office and the Communications department. She stated than she received the complaint around December an(] file investigating started then. Dining further discussion. Council Member Hoskins asked the tow truck driver (Koheit Kostka) City Council Regular 3ieering Minutes March 27, 2014 Page 18 of 23 how close did he get to the vehicle involved. Mr. Robert Kostka stated that he pulled up behind the vehicle about 500 feet away. Officer Pugs stated that the driver pulled up behind the vehicle about 30 to 50 feet away. Council Member Hoskins further asked the driver :why was he so far �back if he thought he was next on the list. Mr. Robert Kostka stated that he was that far back so that lie could talk with the officer to find out the situation before he hooked up the vehicle "During closing statements, Ms. Sandmann stated that the code states that the truck will not be 'within 500 feet of the scene, consent or non- consent tow unless the towing company is dispatched to the scene by a city official and the company was not dispatched which is a violation. Mr. Kostka stated that his driver made an honest mistake and the 30 day suspension is a little harsh. -Mr. Jerry Yarborough stated that he is a 30 year resident of Baytown and that as a citizen requested for Council to back up the Tow Truck Committee At 8:03 P.M., Mayor DonCarlos closed the appeal "hearing. h.. Consider affirming, reversing or modifying the decision of the Tow Truck Committee ordering a 30 -day suspension of A Better Choice Towing, from the City of Baytown noneonsent tow list for an alleged violation of the City of Baytown Code of Ordinances, Chapter 102, Article 111.. A motion was made by Mayor Pro Tom David McCartney and seconded by Council Member Brandon Capetillo to upheld the 30 day suspension. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro'rem David McCartney, Council Mc mber Terry Sam, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved C. Conduct an appeal hearing concerning the decision of the Tow Truck Committee ordering a 30 -day suspension of ABC Auto Towing from the City of Baytown noneonsent tow list for an alleged violation of the City of Baytown Code of .Ordinances; Chapter 102, Article 111. At 8:04 P.M.. Mayor DonCarlos conducted an appeal hearing concerning the decision of the `.low Truck. Committee ordering a 30 -day suspension of ABC Auto Towing from the City of Baytown non - consent tow list fm an alleged violation of the City of Baytown Code of Ordinances, Chapter 102, Article III. City Council Rettulxr %leering Minutes $larch 27.2014 Page 19 of 23 All witnesses were sworn do by Mayor DonCarlos During opening statements, Ms. Sandmtum stated that this appeal is for the decision made front the Tow Truck Committee on February 17. 2014. for a violation of Section 102- 107(a). She stated -that a low Company performing it non - consent tow shall tow the vehicle to a storage yard :within the corporate limns of Baytown unless directed otherwise by the oNx net or it city official. She stated that the committee heard all of the evidence and made a decision to suspend ABC Auto Towing. which is also owned and operated by Kostka Auto, LLC, for a period (if 30 days. Mr. Kostka stated that per the low agreement, if there were ariangements with the owner of the vehiele or city official, the vehicle could go somewhere else Ile stated that they didn't go anywhere wash the vehicle and further stated that the wrecker slip was signed, . but the police officer must have had a problem with the company and talked with the customer, who then changed their mind after the agreement to take the vehicle al their body shop facility: During statement offacts, Ms. Sandmann called to witness Mr. pheris. Mr I'lieris stated that the CAD report for the minor aceidentdated "July 04, 2013, showed that from the rotation list the two :wrecker companies dispatched to the scene were Cove Wrecker and ,ABC Wrecker, therefore this was a non - consent tow, Mr. Kostka didn't have questions for Mr. pheris. 'Ms. Sandmarin called to witness Officer Lloyd. Officer Lloyd stated that the Crash report reflected that Highway 90 Wrecker Service ended asp towing the vehicle. He stated that when arrived on the scene of the accident there were two vehicles and neither .party involved had towing services than they requested, so he called to have the next two wied,erx fiom the rotation list. He stated that ABC" Towing arras +eel first and chose the vehicle that they wanted to tow. He stated that once the tow slip was completed the driver hand it to hint and lie observed two charges: one charge was for the base fee within the city limits of SISO and the other was a .negotiated transfer fee outside the city limits totaling S300. He stated that he also noticed that the tow to address was 613 North Main which lie knew was Kostka's Body Shop in Highlands. Ile further stated that he asked the tow driver, why was the vehicle being towed to Highlands, but the 'driver just gave him a blank stare and never answered the question. Officer l..doyd stated that he contacted the vehicle owner and asked him if he understood that the vehicle was going to Highlands. Officer Lloyd stated that the owner stated that lie asked tire tow driver several times why did tire vehicle have to go to Highlands because lie wanted it to go to a Baytown storage, bat that the tow driver told hint that Bic vehicle had to go to Highlands. Additionally, Officer Lloyd stated that lie spoke with his Sergeant who instructed hint to call another tow company and not allow ABC Towing to tow the vehicle. During further discussion, Mr. David Kostka asked Officer Lloyd if he heard the conversation between the tow truck driver and the vehicle owner. Officer Lloyd stated that he didn't hear the ([river rind the owner's conversation. Mr. David Kostka :further stated that when the driver when he arrived at the scene lie talked with the customer and asked there what they wanted to do with the vehicle, and the customer wanted to go home with it to get his items out of it and was ok with it going to their shop. Mi. David Kostka stated that his violation was towing the vehicle it) a Storage lot when they actually never towed the vehicle at all. He stated that one of his employees made contact with the vehicle owner family member and asked if they had a problem with the vehicle being towed to their shop and City Council Regular Meeting, Minutes March 27.201& Page 20 of 23 lies reply was no. During further discussion Mr. David Kostka stated that he had a copy of the :wrecker ticket regarding the vehicle in question which was towed by Cove Towing to their :police lot. During . further discussion, Mayor DonCarlos asked the officer how he contacted the vehicle owner. Officer Lloyd stated that the driver of the vehicle was the vehicle owner's son and that the owner of the vehicle showed up before the wreckers arrived, so he spoke with the vehicle owner at the scene. Council Member Capetillo inquired as to what caused the tow to go to Highlands instead of a lot in Baytown. Mr. David Kostka stated that his driver had a conversation with the vehicle driver (the son) who said that lie wanted the vehicle to go to a body shop, but then had another conversation with the vehicle owner (the dad) who showed up afterwards. Mr. David Kostka called to witness Mr. Calvin Rutledge. Mr. Rutledge stated that lie is the tow 'trick driver far ABC Towing. Ile stated that lie arrived at the scene and decided. which vehicle he would tow. He stated that after he filled out his paperwork, he asked the driver of tile vehicle if there was a place that he wanted the vehicle to go to. Mr. Rutledge stated that the driver stated that lie would like for the vehicle to go the shop on North Main and he then asked the driver - which one and started listing names of locations with the driver saying, yes to Service King. Mr. Rutledge stated that he told the driver that lie couldn't take the vehicle to Service King because lie had no way of getting paid or no way to secure the vehicle hot safety. Mr. Rutledge stated that the driver stated that he wanted to take the vehicle to his house to take his stuff out of it and if he .couldn't take it there than to take it wherever. Mr. Rutledge stated that lie continued filling out the paperwork then signed it, the dad signed it, and he proceeded to take the paperwork to the officer:. He stated that he gave the paperwork to the officer and the officer looked at it then asked the vehicle owner if he was aware that the vehicle was tieing towed outside of Baytown. Mr. Rutledge stated that the vehicle owner replied to the off cer and stated that well he (the tow truck driver) said that lie couldn't take it there because they're closed. Mr. Rutledge stated that he didn't want to leave the owner's vehicle outside because if the vehicle was broken into their (tow company's) insurance was responsible. He further stated that the official stated that he was going to call his Sergeant on this and returned stating that lie couldn't allow for him to tow the vehicle because it was not being done legit. Additionally, Mi. Rutledge stated that he got in his truck to leave; but was stopped by the owner of the vehicle to retrieve his vehicle keys. During fu thei discussion, Council Member Capetillo asked Mr. Rutledge why he didn't tale tile vehicle to their storage lot on Bayway Drive. Mr. Rutledge stated that the owner stated that he (the owner) wanted the vehicle towed to his house so he could get his belongings out of it, then to take it where ever. Mr. Rutledge stated that the put the fees on the ticket, he then he signs it and explains everything to the vehicle owner before theysign, because if they have a problem lie can ,just scratch it out. He stated that the owner wanted the vehicle towed to his house, so he asked the owner where did he live and the owner stated that he lived near Crosby. Pie further stated that he'd already put the $150 on the ticket, but when the owner said that, lie put the other $150 then told the owner that he had to put the total. on it before he signed. He stated that when he went to the officer he had a problem signing it. During further discussion, Council Member Capetillo asked if all city tows have to stay in die city. Ms. Sandmann stated that they don't have to and that they can be negotiated. She further asked Mr. Rutledge if lie informed the owner that the tow could go to a city lot within the city limits. Mr. Rutledge stated that when the owner asked him to City Council Regular ptecai,g Minutes Match 27,2014 Pane 21 of 23 tow the vehicle to Service King, he informed him that he couldn't because they were closed. Ms. Sandmann asked him if he gave the owner any other options. Mr. Rutledge stated that the owner - wanted the vehicle to go m his house and that lie didn't give other options. Ms. Samimann asked Mr. Rutledge if it should have been noted on the ticket that the driver wanted it towed to his house. Mr. Rutledge agreed and state that it should have been noted. Mayor DonC.arlos asked Min Rutledge in reference to tows involving North Main, if they would normally list Highlands on the ticket, because the specific ticket in question didn't have it listed. Mr. Rutledge stated that lie would give a card that has their address in Highlands. Ile stated that he offered to tear this receipt up and do a different receipt with the $150, but wasn't allowed to 'do so. During dallier discussion, an inquiry was made to Mr. Rutledge if Ire offered their storage lot to the vehicle owner and Mr. Rutledge stated that he did not. Another inquiry was made to Mn Rutledge if lic told the owner that the charge to tow= the u chicle out tof the city would bean additional 5150 verse somewhere else in the city that was out) S65 and Mr. Rutledge stated that he did. Mr,. David Kostka stated that since this incident, lie only charges SI50 even it' towed to lghlands. lie stated that he only have four (4) drivers for his thirteen companies. There was inquiry as to why there were so many companies and only four drivers. In response to the inquiry, Mr. David Kostka stated because he don't get calls but every two to three days zinc] it's a lot easier to bet it call. Mr. David Kostka further stated that he had no further witnesses. ht closing statements, Ms. Sandmann stated that under the section 102 -167 it is that it shall be towed to a city limits fiuuhty. She stated that under the agreement 304(c) it says that it should be an informed negotiation, in which she doesn't believe that the driver was informed of what.was happening. She stated that during prior testimony at the hearing before the Committee. from the officer and the vehicle driver, that the tow truck drive- told wouldn't allow the v chicle driver to get items hour his vehicle and told the vehicle drive that the vehicle had to be towed to his, house in order for him to do so. She further stated that the Tow Truck Committee made it decision to suspend 'Mr. Kostka for this violation that was also based on a previous violation for lowing a vehicle outside of the limits. Ms.. Sandmann stated that time Tow Truck Committee's ruling is that the suspensions don't run concurrently, but back to back. Additionally, she clarified that Mr. Kostka remains in business to tow, but lie's removed and is unable to tow from the City of Baytown tow list, During closing statements. Mr. Kostka stated Ire doesn't know of any company oil the rotation list that has received it suspension for 30 days for this type of situation which he believes is extensive. At 9:06 P.M., Mayor DonCarlos closed the appeal hearing- it. Consider affirming, reversing . or modifying the decision of the Tow Truck Cmirmittec ordering a 30 -day suspension of ABC Auto Towing front the City, of Baytown's nonconsent tow list for an alleged violation of the City of Baytown Code of Ordinances, Chapter 102, . Article Ili, City Council Regular Mectine Mirmtes March 27, 2014 Pace 22 ol'23 A motion was made by Council Member Chris Presley and seconded by Council Member Terry Sam to modify wbereby the suspensions run concurrently. '1' he vote was as follows: Ayes: Council Member Chris Presley Nays: Mayor Stephen DonCarlos, Council Membei Brandon C'apetillo,.Council Member Robert C. Hoskins, Mayor Pro'rem David McCartney, Council Member Terry Sain O lici= Council Member Mercedes Renterm it (Absent) Rejected A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Tent' Sam to modify the order for an additional 15 days suspension consecutively with the previous suspension for a total of 45 days suspension. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo; Council Member Robert C. Hoskins, Mayor Prof cin David McCartney.. Council Member Terry Sain, Council Member .Chris Piesicy "Nays: None Other:: Council Member Mercedes Renteria III (Absent) Approved S. MANAGER'S REPORT a. The City, of Baytown will hold its 14th Annual Trash -Off in conjunction Willi the State of'f'ezas Annual Trash -Off activities on Saturday, April 05, 2014, from 9:00 A.M. to 2:00 P.M., its well as, the Household hazardous Waste Collection Day on Saturday, April 05, 2014, from 9:00 A.M. to 2:00 P.M. Dcpuiy City Manager Bottoms presented the agenda item and stated that City of Baytown's Annual Trash -Off will be on Saturday, April 05, 2014, from 9:00 A.M. to 2:00 P.M. b. The ribbon cutting ceremony for the newly constructed Fire Station No. 7, located at 7215 Eastpohrt Boulevard, Bayto n, Texas 77521, is scheduled for Wednesday, April 02. 3014, at 5:00 P.M. Deputy ('try Manager Bottoms stated that the Fire Station No. 7 ribbon cutting ceremony is delayed until further notice. '9. ADJOURN City Council Regular Meeting, Minuses 'March 27. 7014 Paper 23 ol'23 A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins adjounung the March 27, 2014, City Council Regular Meeting. The vote was as follows:. Ayes: .Mayor Stephen DmnCaflos, Council Member Brandon Capetillo. Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member'rerry Sabi, Council Member Chris Presley Naos::None Other: Council Member Mercedes Renteria Ill (Absent) Approved With there being no further business to discuss. Mayor DonCa'los adjourned the March 27, 2014, City Council Regular Meeting at 9:07 P.M. err '