2014 08 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
August 28, 2014
The City Council of the City of Baytown, Texas, net in a Regular Meeting on Thursday, August
28, 2014, at 6:31 PAI. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brandon Capetillo
Robert Hoskins
David McCartney
Chris Presley
Mercedes Renteria
Terry Sain
Stephen H. DonCarlos
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the August 28, 2014, City Council Regular Meeting with a quorum
present at 6 :31 P.M., all members were present with the exception of Council Member Renteria
who arrived at 6:32 P.M. and Council Member Hoskins who arrived at 7:25 P.M.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain.
I, MINUTES
a. Consider approving the minutes of the City Council Regular Meeting held on Jul)-
24, 2014..
A motion was made by Council Mcmber Terry Sain and seconded by Mayor Pro Tern Mercedes
Renteria III approving the July 24, 3014, City Council Regular Meeting minutes. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tem Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
City Council Regular Meeting Minutes
August 28, 2014
Page 2 of 21
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms, Michelle Phillips requested to address Council to give an update regarding; the
2014 Crusin' Texas Toy Drive.
Ms. Phillips stated that the 2014 Crusin' Texas Toy Drive would be on Saturday, December 20,
2014, at Tikki Bar & Grill.
b. Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Board, will
present the 2414 Parks and Recreation Annual Report.
Scott Johnson, Director of Parks and Recreation stated that Pirates Bay had 161,000 people to
pass through the gates despite the 25 stormy days when the park had to shut down early.
C. Recognize Patti Jett for completion of the Certified Public Communicator Program.
City Manager Leiper presented the agenda item and recognized Patti Jett for completion of the
Certified Public Communicator Program.
d. Recognize City of Baytown Employees for their Years of Service (5, 10, 15 plus
years).
City Manager 1 -ciper presented the agenda item and recognized City of Baytown Employees for
their Years of Service (5, 10, 15 plus years).
5 Years:
Ugeshwar Persad - Public Works, Laborer - Solid Waste
25 Years:
Suzanne Tallent - Collection Manager, Finance 1 Utility Billing
45 Years:
Bernard. Olive - Assistant Fire Chief
3. SPECIAL DISTRICT BUDGETS
.1. Consider an ordinance approving the Baytown Crime Control and Prevention
District 2414 -2015 Fiscal Year Budget.
City Council Regular Meeting Minutes
August 28, 2014
Page. 3 of 21
City Manager Leiper presented the agenda item and stated that as set forth in state law, the City
Council must approve or reject the budget adopted by the CCPD Board at least 30 days before
the beginning of the fiscal year. He stated that under state law the City Council may not amend
the budget as presented by the CCPD Board. He stated that if the City Council rejects the budget,
the City Council and the CCPD Board shall meet and together amend and approve the budget.
He further stated that the CCPD Board adopted the budget on July 08, 2014, and the City
Council held a public hearing regarding this budget at its August 14, 2014, meeting. He stated
that the proposed revenues were S 1,536,587; expenditures were $ 1,666,627; and an ending
working capital was $140,973.
A motion was made by Council Member David McCartney and seconded by Council Member
Brandon Capetillo approving Ordinance No. 12,619. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tern Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
ORDINANCE NO. 12,619
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2014 -15 'BUDGET SUBMITTED
BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL
AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b. Consider an ordinance approving the Baytown Fire Control, Prevention, and
Emergency Medical Services District 21714 -2015 Fiscal Year Budget.
City Manager Leiper presented the agenda item and stated that the same state law from agenda
item 3.a. applies to this budget. He stated that the FCPEMSD Board adopted the budget on July
15, 2014, and the City Council held it public hearing regarding the FCPEMSD Budget at its
August 14, 2014, in,ecting. He stated that the proposed revenues were $1,513,614; expenditures
were $1,955,193; and an ending working capital was $592,451.
A motion was made by Mayor Pro Tern Mercedes Renteria. III and seconded by Council Member
Brandon Capetillo approving Ordinance No. 12,620. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tern Mercedes Renteria 11I,
Council Member Terry Sain, Council Member Chris Presley
City Council Regular Meeting Minutes
August 28, 2014
Page 4of21
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
ORDINANCE NO. 12,620
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2014 -15 BUDGET SUBMITTED
BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance approving the Baytown Area Water Authority 2014 -2615
Fiscal Year Budget.
City Manager Leiper presented the agenda item and stated that state law requires that the General
Manager of BAWA formulate a budget for BAWA's fiscal year and that such budget is subject to
the approval of both the BAWA Beard and the City Council of the City of Baytown. He stated
that the BAWA Board held a public hearing on the budget and adopted the same on Wednesday,
August 20, 2014. He stated that Ordinance No. 12,621 approves the budget approved by the
BAWA Board. Additionally, fie stated that the proposed revenues were S12,277,398; the
expenditures were S 13,538,722; and an ending working capital was $4,763,955.
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Mercedes
Renteria III approving; Ordinance No, 12,621. The vote was as fellows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tern Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
ORDINANCE NO. 12,621
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER
AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2014, AND ENDING SEPTEMBER 30, 2015; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Rcgular Meeting Minutes
August 28, 2014
Page 5 of 21
4. MUNICIPAL BUDGET FY 2014-2015
a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2014 -2015
Proposed. Budget.
At 6:55 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the City of
Baytown Fiscal Year 2014 -2015 Proposed Budget.
City Manager Leiper stated that the public hearing must be held aver the 15th day after the date
that the proposed budget is filed with the City Clerk, but before the City Council makes its tax
levy. He stated that a notice of the time and date of the public hearing must be published in a
newspaper of general circulation within the City no later than the 10til day prior to the
hearing, He stated that the Proposed Budget was filed with the City Clerk on July 24, 2014, and
notice of the public hearing was published in The Bayloivii Star oil August 15, 2014. City
Manager Leifer stated that the proposed 2014 -2015 City of Baytown Municipal Budget
Including technical adjustments totals $159,358,042, which is a $3,226,766 decrease of the 2013-
14 budget. He further stated that the technical adjustments were 1) an addition of $92,500 to
transfer Mike Flinn's position from the parks department over to the aquatics fund; and 2) an
addition of S 10,000 to the sanitation fund for the tire recycling program.
With there being; no one registered to speak, Mayor DonCarlos closed the public hearing at 6:58
P.M.
b. Consider an ordinance adopting the City of Baytown Municipal Budget, Fiscal Year
2414 -2015.
A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member
David McCartney to ratify the property tax revenue increase reflected in the proposed City of
Baytown Municipal Budget FY2014 -2015 with two (2) technical adjustments. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tern Mercedes Renteria 111,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
ORDINANCE NO. 12,622
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR,
BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, IN
City Council Regular Meeting; Minutes
August 213, 3014
Page. 6 of 21
ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY
OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Chris Presley motion to adopt the City of Baytown Municipal Budget FY2014 -2015 with two (2)
technical adjustments. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tern Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
C. Consider an ordinance authorizing the Sixth Amendment to the Collective
Bargaining Agreement for October 01, 2010, through September 30, 2016, with the
International Association of Firefighters Local 1173.
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,623 ratifies the
Sixth Amendment to the Collective Bargaining Agreement (the "CBA ") and incorporates every
change rnade in the first five (5) amendments. He stated that this is a one year agreement with a
second year option in which if the City's actual revenue for a twelve month period would meet or
exceed a certain amount, than the second year kicks in, but in any case this extends the contract
into a sixth year. Additionally, he stated that if the revenue threshold is not rnct the wages are
open for negotiation.
A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member
Terry Sain approving Ordinance No. 12,623. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Mcmber David McCartney, Mayor Pro Tern Mercedes Renteria III,
Council Member Terry 'Sam, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
City Council Regular Meeting Minutes
August 28, 2014
Page 7 of 21
ORDINANCE NO. 12,623
AN ORDINANCE OF THE CITY COUNCIL OF THE CI'T'Y OF BAYTOWN,
TEXAS, AUTHORIZING THE SIXTH AMENDMENT TO THE FIRE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
d. Consider an ordinance amending; utility rates in accordance with the rate study
performed by Burton and Associates.
City Manager Lciper presenter) the agenda item and stated that in 2010, the City Council held a
.joint work session with Baytown Area Water Authority ( "BAWA ") regarding; the rates, structure,
and service fees. He stated that at that time, Council was presented with the results of the
commissioned rate study by Burton and Associates, which proposed a systematic schedule of
rate increases to ensure the City has sufficient annual revenues over a multi -year period to meet
its financial requirements. He stated that the increases are predicted but not automatic and are
only imposed it' necessary. Additionally, fie staters that the proposed utility rate increase was
5.55% effective with the first billing cycle in FY2015.
A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member
David McCartney approving Ordinance No. 12,624. The Mote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Calictillo, Council
Member David McCartney, Mayor Pro Tern Mercedes Rentcria I11,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Nat Present for Vote)
Approved
ORDINANCE NO. 12,624
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98-
59 "RATES," SUBSECTION (A) AND ARTICLE IV "SEWER SERVICE,"
SECTION 9891 "SEWER SERVICE CHARGE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO UPDATE SERVICE FEES;
PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND
NOI100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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August 28, 201.1
Page 8 of 21
5. MUNICIPAL ELECTION NOVEMBER 04, 24114
yt. Receive the Certificate of Unopposed Status For the Office of Council Member,
District Nos. Four, Five and Six.
City Manager Leiper presented the agenda item and stated that the filing deadline for a place on
the ballot for such election was August 18, 2014, the filing deadline for a declaration of write-in
candidacy was also August 18, 2014, and the deadline to file a certificate of withdrawal was
August 22, 2014. He stated that Mr. William "Terry" Sain was the only candidate to file for
the office for Council District No. Four; Mr. Robert Hoskins was the only qualified candidate to
file for the office of Council District No. Five; and Mr. David McCartney was the only
retraining candidate for the office of Council District No. Six. He stated that the City Clerk is
required to certify in writing that said candidates are unopposed and delivered a certification
concerning their unopposed status at the meeting. He further stated that no action was necessary
for this item.
b. Consider an ordinance declaring the unopposed candidates of William "Terry"
Sain as elected to the Position of Councilmember District No. Four; Robert Hoskins as
elected to the Position of Councilmernber District No. Five; and David McCartney as
elected to the Position of Councilmember, District No. Six and canceling the associated
municipal election.
City Manager Leiper stated that the November election was canceled and the reception for the
elected officials will be on December 11, 2014, prior to the council meeting..
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Mercedes
Renteria III approving Ordinance No. 12,625. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tem. Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
ORDINANCE NO. 12,625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE UNOPPOSED CANDIDATE WILLIAM
"TERRY" SAIN ELECTED TO THE OFFICE OF COUNCIL MEMBER
DISTRICT OF NO. 4 OF THE CITY OF BAYTOWN, THE UNOPPOSED
CANDIDATE ROBERT HOSKINS ELECTED TO THE OFFICE OF COUNCIL
MEMBER OF DISTRICT NO. 5 OF THE CITY OF BAYTOWN, AND THE
City Council Regular Meeting Minutes
August 28, 2014
Page 9 of 21
UNOPPOSED CANDIDATE DAVID MCCARTNEY ELECTED TO THE
OFFICE OF COUNCIL MEMBER OF DISTRICT NO. 6 OF THE CITY OF
BAYTOWN; CANCELING THE MUNICIPAL ELECTION PREVIOUSLY
ORDERED TO BE HELD ON THE 4TH DAY OF NOVEMBER, 2014, FOR
THE PURPOSE OF ELECTING THE COUNCIL MEMBERS OF COUNCIL
DISTRICT NOS. FOUR (4), FIVE (5), AND SIX (6) OF THE CITY OF
BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. PROPOSED ORDINANCES
a. Consider an ordinance authorizing a Chapter 380 Economic Development
Agreement with Gerald W. Yates for the purchase of Lots 7, 8 and 9, Block 22, of Goose
Creek, Harris County, Texas.
City Manager Leiper presented the agenda item and stated that this acquisition is contingent
upon (i) an inspection report satisfactory to the City, (ii) an environmental site assessment
satisfactory to the City, and (iii) the City Council's approval of the Chapter 380 Economic
Development Agreement concerning the Brunson Theater and the Citizens Bank Building. He
stated that the sales price is 538,000 and the closing date is October 31, 2014, or seven days after
receipt of the appraisal. City Manager Leiper stated that there's a right of reversion adder!, so that
if the Brunson project does not go through, even if it's approved and does not fret built that Mr.
Yates has the right to purchase the property from the City at the same price.
Council Member Presley inquired as to when the reversion was added and when the agreement
was signed. City Manager Leiper stated that when Mr. Yates came to sign the agreement that
was his requirement and it was signed within days prior to the August 28th Council Meeting.
Council Member Presley stated that the reason he inquired was because if the project didn't go
forward with Mr. Yates, the City would start the process over with someone else who could want
that property.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem
Mercedes Renteria III approving; Ordinance No. 12,626. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council
Member David McCartney, Mayor Pro Terri Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Haskins (Not Present for Vote)
Approved
City Council Regular Meeting Minutes
August 28. 2014
Page 111 of 21
ORDINANCE NO. 12,626
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH GERALD W. YATES
CONCERNING THE SALE OF CERTAIN PROPERTY TO BE USED IN THE
DEVELOPMENT AND OPERATION OF AN ARTS AND ENTERTAINMENT
COMPLEX IN THE BRUNSON THEATER AND THE CITIZENS BANK
BUILDING; AUTHORIZING THE CITY OF BAYTOWN'S GRANTING OF
THE INCENTIVE AS AUTHORIZED IN SAID AGREEMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
l). Consider an ordinance authorizing a Chapter 380 Economic 'Development
Agreement with Robert B. Martin, Jr., for an arts and entertainment complex in the
Brunson Theater Building, located at 315 W. Texas Avenue; and in the Citizens Bank
Property, located at 319 W. Texas Avenue.
City Manager Leiper presented the agenda item and stated that the Chapter 380 Econornic
Development Agreement with Robert B. Martin, Jr. (the "Developer ") for an arts and
entertainment complex in the Brunson Theater Building; provides for the financial incentives,
including the conveyance of property, if certain benchmarks are islet. He stated that
the benchmarks, which the Developer must meet, include:
1. the payment of 55,000, subject to refund if the third and fourth benchmarks listed below
are satisfied;
2. the submission of an application for a building permit for structural repairs within 30
calendar days of the effective date of the agreement;
3. the completion of the structural repairs within 180 calendar days of the effective date of
the agreement;
4. the installation of a new roof on the Brunson and the repair of the roof on the Citizens
Bank Building within 365 calendar days of the effective date of the agreement; and
5. the receipt of certificates) of occupancy/completion within two (2) years of the issuance
of the first building permit for the Project.
City Manager Leiper stated that the City will lease the property to the Developer for the first year
and if the roof and structural repairs arc trade, the City will convey the property to the Developer
subject to a one -year right of reversion from the issuance of the certificates of occupancy for the
Project if (i) benchmark 5 listed above is not satisfied, (ii) Developer fails to commence
operation of the Project within 60 days of the issuance of the certificate(s) of occupancy, (iii) the
Developer fails to operate the Project for a period of one year after commencement of operations,
or (iv) the Agreement is terminated due to a breach of the Developer. Additionally, lie stated
that the Developer will be eligible to apply for a facade improvement grant under the City's
Downtown Facade Improvement Program and for the waiver of certain fees and the refund of a
City Council Regular Meeting Minutes
August 28, 2014
Page 1 t of 21
portion of municipal ad valorem tares paid as specified in Baytown Revitalization Incentive
Zone Incentive Policy.
Council Member Presley stated that the language referencing the use restrictions regarding a
night club or bar was correct according to what was discussed at the last council meeting. He
further stated that at the top of page 14 below the disclaimer, it references the deed
restriction which states that such deed without warranty shall include a restrictive covenant,
which shall run with the land, prohibiting 319 W. Texas Avenue from being used as any type of
nightclub. He stated that the two statements are inconsistent and lie wanted to be sure that the
first language was the correct language. Additionally, he inquired if the first language should be
carried over to the page 14 paragraph. Mr. Ignacio Ramirez, City Attorney, stated that the deed
restriction runs with the property and the use is prohibited in the agreement, therefore the City is
comfortable with the language. During further discussion, Council Member Presley stated that
when the City purchased the property the deed restriction was not in place, but was proposed at
the time of purchase, so it would be up to the City to make sure that the deed restriction is
correctly in place when the property is conveyed. City Manager Leiper stated that when the
property was purchased the City agreed to the deed because the restriction was a condition of the
agreement.
For clarification purposes, Mayor DonCarlos inquired if the deed would clearly state the
restrictions. City Manager Leiper stated that it is going to say nightclub or bar.
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving Ordinance No. 12,627. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Meiliber David McCartney, Mayor Pro Tern Mercedes Renteria 11I,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
ORDINANCE NO. 12,627
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH ROBERT B. MARTIN,
JR., FOR THE DEVELOPMENT AND OPERATION OF AN ARTS AND
ENTERTAINMENT COMPLEX IN THE BRUNSON THEATER AND THE
CITIZENS BANK BUILDING, AUTHORIZING THE CITY OF BAYTOWN "S
GRANTING OF INCENTIVES AS AUTHORIZED IN SAID AGREEMENT;
City Council Regular Meeting Minutes
August 28, 2014
Page 12 of 21
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance for the first reading of the proposed voluntary annexation of
approximately 81.6 acres of land situated in the George Ellis Survey, legally described as
tract 43, Abstract 21, Harris County, east of the intersection of N. Main and 'Wallisville
Roads.
City Manager Leiper presented the agenda item and stated that the applicant, Nasir Panjwani,
president of South Houston Realty has indicated the intended use of the property as a single
family residential development of approximately 300 homes, as well as light commercial along
the frontage of Wallisville. He stated that annexation is being requested in order to extend city
utilities to the site. He stated that on June 26, 2014, the City Council approved a resolution
granting the annexation petition and directing staff to create a service plan for the proposed area
to be annexed. He further stated that the first and second public hearings were held by City
Council on July 24, 2014, and that the second reading of the ordinance and completion of
annexation proceedings are scheduled for September 25, 2014.
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney approving Ordinance No. 12,628. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Mayor Pro Tern Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Not Present for Vote)
Approved
ORDINANCE NO. 12,628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 81.6
ACRES OF LAND SITUATED IN THE GEORGE ELLIS SURVEY,
LEGALLY DESCRIBED AS TRACT 43, ABSTRACT 21, HARRIS COUNTY,
EAST OF THE INTERSECTION OF N. MAIN STREET AND WALLISVILLE
ROAD, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS
THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN,
TEXAS.
City Council Regular Meeting Minutes
August 28, 2014
Page 13 of 21
d. Consider an ordinance amending Chapter 102 "Vehicles for Hire," Article III "Tor" •
Trucks " of the Code of Ordinances, Baytown, Texas, by revising permit eligibility
requirements, vehicle storage facility requirements, solicitation prohibitions, and permit
application requirements as well as adding a fee for driver identification cards and making
other clarifications anti approving the standard form of agreement.
City Manager Leiper stated that Assistant City Attorney/Civil Service Legal Advisor, Deanic
King Would present the agenda item.
Ms. King stated that the proposed amendments were approved by the Tow Truck Committee and
was discussed with the tow truck companies. She stated that the focus has changed from the tow
truck operators to the towing companies. Ms. King stated that the definition of the towing
company was changed to include. all DBA's or assumed names that are under the owner's
name. She stated that this will take the towing rotation list down from 41 to 15 companies and
allow for the company to assign whichever DBA to the send to a call. She stated that the
change was also in the permitting section, as well as, an added provision that a towing company
may have only one permit. City Manager Leiper stated that the proposed change would help
minimize run time violations and Ms. King stated that it would also minimize pass violations.
During further discussion, Ms, King stated that the application fee changed from 515 to $25. She
stated that a new fee of $9,000 ($600 per company) one time per year for the 15 current
companies oil the list is being proposed to the agreement and not in the ordinance because it is
not a regulatory fee, but instead is tt merchant fee. She stated that the purpose of the fee is to
receive some of the costs of all staff members time and managing the rotation list. City Manager
Leiper stated that the fee is for an operator's permit.
During further discussion regarding the fees, Council Member Hoskins recommended having a
minimum fee and a cost per truck fee instead of the flat $600 fee. Council Member McCartney
recommended that staff spot check and contact some of the customers of the towing
companies to verify that they have been charged correctly. City Manager Leiper stated that there
would have to be staff available to maintain the intake of the tickets, so the remedy to the spot
check would be to put contact information, the rules, and fees on the ticket for the customers.
Cyndi Rogers and David Kostka both registered to speak before council regarding agenda item
6.d.
Ms. Rogers stated that she was the secretary for Kostka Auto. She stated that there are
more issues that need to be discussed regarding the amendments and recommended postponing
approving the amendments at this time.
Mr. Kostka stated that 11is concern was limiting the permit to one company. Fic; stated that the
one rotation does not pay for staff wages, insurance for each truck, or maintaining the storage
facility.
The consensus of Council was to move forward with the amendments with the exception
of adjusting the $600 fee to $300 plus $75 per truck that goes on the road.
City Council Regular Meeting Minutes
August 28, 2014
Page 14 of 21
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney to amend the proposed amendment to the point of the tow agreement rotation
document item paragraph 2,03 to change the fee from $600 to $300 for the first truck and $75 for
any additional truck thereof. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney,
Council Member Terry Sain, Council Member Chris Presley
Nays: Mayor Pro Tem Mercedes Renteria III
Approved
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
David McCartney approving the amendments. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney,
Council Member Terry Sain, Council %,Icmber Chris Presley
Nays: Mayor Pro Tern Mercedes Renteria III
Approved
ORDINANCE NO. 12,629
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III
"TOW TRUCKS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 102 "VEHICLES FOR HIRE," OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE III "TOW TRUCKS "; APPROVING
A STANDARD FORM OF AGREEMENT; PROVIDING A REPEALING
CLAUSE, CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
(S500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
7. PROPOSED RESOLUTIONS
a. Consider a resolution canceling the special City Council meeting scheduled for
Thursday, September 04, 2014.
City Council Regular Meeting Minutes
August 28, 2014
Page 15 a f 21
City Manager Leiper presented the agenda item and stated that the City Council changed the
meeting date for the first meeting in September from September 1 I th, to September 4th, in order
to accommodate the attendance and participation of Council and staff related to the September
1 I th Memorial. He stated that the budget related items were complete and staff recommends
canceling the Thursday, September 04, 2014, Special Council meeting.
A motion was made by Council Member Terry 5ain and seconded by Council Member Brandon
Capetillo approving Resolution No. 2323. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria Ill, Council Member Terry 5ain, Council
Member Chris Presley
Nays: None
Approved
RESOLUTION NO. 2323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CANCELLING THE SPECIAL MEETING SCHEDULED FOR
SEPTEMBER 4, 2014, AT 6:30 P.M.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
8. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member Robert
C. Hoskins approving consent agenda items 8.a. through 8.k. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tern Mercedes Renteria 111, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
a. Consider an ordinance authorizing the Agreement for Funding of Public
Improvements with Exxon Mobil Corporation for roadway improvements along Spur 330
frontage road.
ORDINANCE NO. 12,630
City Council Regular Meeting Minutes
August 28, 2014
Page 16 of 21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE AGREEMENT FOR FUNDING OF
PUBLIC IMPROVEMENTS WITH EXXON MOBIL CORPORATION FOR
ROADWAY IMPROVEMENTS ALONG SPUR 330 FRONTAGE ROAD;
MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing an Advance Funding Agreement with the State
of Texas through the Texas Department of Transportation for the construction of traffic
improvements on Spur 330 frontage road.
ORDINANCE NO. 12,631
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN ADVANCE
FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF TRAFFIC IMPROVEMENTS ON THE ON SPUR 330
FRONTAGE ROAD; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO MILLION FIVE
HUNDRED TWENTY THOUSAND AND NO/ 100 DOLLARS ($2,520,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing an interlocal agreement with Harris County for
the installation of new traffic signals with pedestrian indications and pushbuttons, and the
modification of striping and pedestrian ramps as necessary at the intersection of Barkuloo
Road and Blue Heron Parkway.
ORDINANCE NO. 12,632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A INTERLOCAL AGREEMENT WITH
HARRIS COUNTY FOR THE INSTALLATION OF NEW TRAFFIC SIGNALS
WITH PEDESTRIAN INDICATIONS AND PUSHBUTTONS, AND THE
MODIFICATION OF STRIPING AND PEDESTRIAN RAMPS AS
NECESSARY AT THE INTERSECTION OF BARKALOO ROAD AND BLUE
HERON PARKWAY; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO
EXCEED EIGHTY -TWO THOUSAND FIVE HUNDRED AND NO/100
DOLLARS ($82,500.00); MAKING OTHER PROVISIONS RELATED
THERE`I'O;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
August 28, 2014
Page 17 of 21
d. Consider an ordinance authorizing a Professional Services Agreement for the
Houston High Intensity Drug Trafficking Area Program with MSM Resources
Corporation.
ORDINANCE NO. 12,633
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT
WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT
FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing an interlocal agreement with the Baytown Area
Water Authority concerning the acquisition of property for the BAWA East Project.
ORDINANCE NO. 12,634
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH
THE BAYTOWN AREA WATER AUTHORITY CONCERNING THE
ACQUISITION OF PROPERTY FOR TIME BAWA EAST PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the renewal of the SunGard software
maintenance agreement.
ORDINANCE NO. 12,635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF NINETY -TWO THOUSAND
FOUR HUNDRED FORTY -FIVE AND 631100 DOLLARS ($92,445.63) TO
SUNGARI) PENTAMATION, INC., AS THE COST FOR THE ANNUAL
SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing add -on products for the SunGard FinancePlus
and CommunityPlus software.
ORDINANCE NO. 12,636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY -FIVE
THOUSAND EIGHTY -FIVE AND NO/100 DOLLARS ($95,085.00) TO
SUNGARD PUBLIC SECTOR INC., FOR THE SOLE SOURCE PURCHASE
City Council Regular Meeting. Minutes
August 28, 2014
Page 18 of 21
OF CERTAIN ADD -ON PRODUCTS FOR SUNGARD FINANCEPLUS
VERSION 5.0 AND COMMUNITYPLUS VERSION 9.0 TO FURTHER
AUTOMATE CITY FUNCTIONS; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
h. Consider an ordinance authorizing Change Order No. 17 N ith Angel Brothers
Enterprises, Ltd, for the Baker Road Extension Project.
ORDINANCE NO. 12,637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 17 WITH ANGEL
BROTHERS ENTERPRISES, LTD, FOR THE BAKER ROAD EXTENSION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN
THE AMOUNT OF SIXTY -EIGHT THOUSAND TWO HUNDRED FIFTY
AND NO /100 DOLLARS ($68,250.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing the renewal of the Annual Hot -,Mix Asphalt
Contract to Century Asphalt Ltd.
ORDINANCE NO. 12,638
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL HOT -MIX ASPHALT CONTRACT
WITH CENTURY ASPHALT LTD., AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT
THOUSAND AND NO/100 DOLLARS ($108,000.010); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel
Fuel Contract with Kendrick Oil Company.
ORDINANCE NO. 12,639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE
AND DIESEL FUEL CONTRACT WITH KENDRICK OIL CO.;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
ONE MILLION SEVENTY THOUSAND FIVE HUNDRED NINETY -EIGHT
AND 37/100 DOLLARS (51,070,598.37); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
August 28, 2014
Page 19 of 21
k. Consider an ordinance authorizing payment to Goose Creek Consolidated
Independent School District for ad valorem tax assessment and collection services.
ORDINANCE NO. 12,640
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT
AND COLLECTION SERVICES FOR FY 2013 -2014 TO GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT
OF SIXTY -EIGHT THOUSAND THREE HUNDRED TWENTY -ONE AND
501 100 DOLLARS ($68,321.50); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.472 of the
Texas Government Code to deliberate the purchase of real property for municipal
purposes.
At 8:19 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Section 551.072 of the Texas Government Code to deliberate the purchase of real property for
municipal purposes.
At 8:32 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular
Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings
Act, no action was taken in the Executive Session.
10. MANAGER'S REPORT
a. Present the schedule for the remainder of the Raytown 2014 Aquatics Summer
Season.
City Manager Leiper presented the agenda item and stated that both Pirates Bay Waterpark and
Calypso Cove ended daily operations on Sunday, August 24th, at 7:00 P.M. and will reopen for
the three day Labor Day weekend on Saturday, August 30th. He stated that Calypso Cove will
close for the 2014 Summer Season on Labor Day, Monday, September I st at 7 P.M. He stated
that Pirates Bay Waterpark will continue weekend operations through Sunday, September 21st;
however, the actual closing date for Pirates Bay is subject to weather and attendance.
Additionally, he stated that the City's five spray parks, located at Roseland Park, Bergeron Park,
McElroy Park, Central Heights Park and Pelly Park will remain open daily, from 10:00 A.M. to
8 :00 P.M., through Sunday, November 2nd.
b. City of Baytown offices will be closed on Monday, September 01, 2414, for the
Labor Day Holiday.
City Council Regular Meeting; Minutes
August 28, 2014
Page 20 of 21
City Manager Lciper stated that the City of Baytown offices will be closed can Monday,
September 01, 2014, for the Labor Day Holiday.
C, The Baytown Municipal Development District regular meeting scheduled for
Thursday, September 04, 2014, has been canceled.
City Manager Leiper stated that the Baytown Municipal Development District regular meeting
scheduled for Thursday, September 04, 2014, has been canceled.
d. Present the September 11th Event Information.
City Manager Leiper stated that on Thursday, September 11, the Baytown community will honor
those who lost their lives on 9111 and will also honor the public safety professionals which will
take place at the high school football game between Robert E. Lee and Waller at Stallworth
Stadium at 7:00 P.M. He stated that Mayor DonCarlos will participate in the coin flip at mid-
field with the Mayor of Waller and the City purchased tickets for Baytown City Council
Members, City staff and their families.
City Manager Leiper stated that there will have to be some special meetings on the tax rates. He
stated that the plan is to receive the tax rates and call the public hearings at the September 25th
Council meeting. He stated that the tax rate must be set by October 2 l st. He stated that the first
public hearing would be on October 06, 2014, the second public hearing on October 09, 2014,
and another special meeting on October 16, 2014 to adopt tax rate.
City Manager Leiper stated that Mayor DonCarlos was challenged to do the ice bucket challenge
for ALS. He stated that the Mayor, in turn, challenged each council member to complete it with
him and donate $50. Additionally, he stated that the challenge will take place on Wednesday,
September 03, 2014 at 700 P.M.
City Manager Leiper stated that Darryl Pourte was retiring from the City of Baytown.
11. ADJOURN
A motion was made by Mayor Pro Tern Mercedes Renteria III and seconded by Council Member
David McCartney adjourning the August 28, 2014, City Council Regular meeting. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Mayor
Pro Tem Mercedes Renteria III, Council Member Terry Sam, Council
Member Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
August 28, 2014
Page 21 of 21
Willi there being no further business to discuss, Mayor DonCarlos adjourned the August 28,
2014, City Council Regular Meeting at 8:40 P.M.
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