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
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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 '