2015 08 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
August 27, 2015
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August
27, 2015, at 6:30 P.M. 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
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Stephen H. DonCarlos Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Alisha Segovia
Deputy City Clerk
Mike Holden
Sergeant at Arms
Mayor DonCarlos convened the August 27, 2015, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present with the exception of Council Member Renteria
who arrived at late and Council Member Presley who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo.
1. MINUTES
a. Consider approving the minutes of the City Council Regular Meeting held on
August 13, 2015.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins to approve the August 13, 2015, City Council Regular Meeting minutes. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo,
Council Member David McCartney, Council Member Terry Sain
Nays: None
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August 27, 2015
Page 2 of 18
Other: Council Member Chris Presley (Absent), Council Member Robert
C. Hoskins (Abstain), Council Member Mercedes Renteria III (Not
Present for Vote)
Approved
b. Consider approving the minutes of the City Council Regular Meeting held on July
23, 2015.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Terry Sain to approve the July 23, 2015, City Council Regular Meeting minutes. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent), Council Member Mercedes
Renteria III (Not Present for Vote)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Mr. Rudy Rocha requested to address council in regards to the need for
accountability for uninsured motorist commuting within the City Limits of Baytown.
Mr. Rocha stated that his street address is 7907 East Point Boulevard, Baytown, Texas and that
he presented to Council copies of a petition and 4500 signatures, as well as, comments regarding
this agenda item. He stated that the request is for the City to create an ordinance that enforces
tougher consequences on driving without insurance in order to protect the citizens and make the
uninsured drivers accountable for their actions. He stated that on June 23, 2015, a tragic
accident took place at the intersection of Garth Road and Cedar Bayou Lynchburg that was
caused by uninsured driver who was never given a breath test although being arrested 13 times,
but rather was allowed to leave the scene and given a fine which was reduced. He further stated
that the police stated that they could not establish probable cause to arrest the uninsured driver.
He stated that in the city ordinance of Humble, Pearland and Sugarland it is clear that if you don't
have insurance you are arrested and the car is impounded which is the request for the same to be
for Baytown.
Mayor DonCarlos stated that some years ago there was a discussion in regards to impoundment
and inquired of City Attorney, Ignacio Ramirez as to the results from that discussion. In regards
to Mayor DonCarlos's inquiry regarding impoundment, Mr. Ramirez stated that the police
department has a policy regarding impounding and prior practices were that the vehicle would be
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August 27, 2015
Page 3 of 18
impounded and not released until insurance was verified, but that the problem was that the state
statute requires the City to pay for the time that the vehicles is on someone else lot as the City
does not have an impound lot. Mr. Ramirez further stated that there was an AG opinion that
was about two weeks old that says a municipality cannot place a hold on an impound vehicle
therefore, theoretically the police can impound a vehicle but can't hold it. Mayor DonCarlos
further inquired if the City has the legal authority to make a fine mandatory and take away the
courts right to reduce that fine. In response to Mayor DonCarlos's inquiry regarding making a
fine mandatory, Mr. Ramirez stated that a fine could be made mandatory.
Mrs. Johnna Crianza, Ms. Ashlee Rocha, Mr. Ken Sandor, and Mr. Anthony Crianza all
registered to speak regarding agenda item 2.a.
Mrs. Johnna Crianza stated that her son was killed in the accident on June 23rd that was caused
by the uninsured driver who had other offenses of not having insurance. She further requested
that steps be taken to make uninsured drivers more accountable for their decisions.
Ms. Rocha and Mr. Anthony Crianza stated that they request that there are tougher consequences
for those who drive without insurance.
Mr. Ken Sandor stated that he supports the petition in regards to the request for tougher
consequences because this is an ongoing widespread problem.
Mayor DonCarlos requested that the City Attorney and Legal Advisor present information to
Council at the first meeting in October regarding the City's options on a local level as it relates to
stiffer penalties regarding this concern, as well as, drug or alcohol testing regarding fatal
accidents. Council Member Hoskins requested information in regards to if there were charges
that should or could have been applied to the uninsured driver that was in the accident on June
23, 2015, and if there were any why they were not applied.
b. Recognize City of Baytown Employees for their years of service (5, 10, 15, plus
years).
Director of Human Resources, Carol Flynt presented and recognized the following City of
Baytown Employees for their years of service (5, 10, I5, plus years):
15 Years
Katherine Sheppard, Storm Water Specialist
25 Years
James Kerr, Patrol Officer
30 Years
Kenneth Terry, Patrol Officer
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August 27, 2015
Page 4 of 18
3. REZONING OF APPROXIMATELY 0.73 ACRES OF LAND
a. Conduct a public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 0.73 acres located at 5303 Crestmont Street on the northwest
corner of Decker Drive and Crestmont Street, Baytown, Texas, locally known as Marvin's
Performance Cycles and legally described as Reserves A and 1A, Craigmont Place Section
1, Harris County, Texas, from Mixed Residential at Low to Medium Density (SF2) to
General Commercial (GC).
At 7:16 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map to rezone approximately 0.73 acres located at 5303
Crestmont Street on the northwest comer of Decker Drive and Crestmont Street, Baytown,
Texas, locally known as Marvin's Performance Cycles and legally described as Reserves A and
IA, Craigmont Place Section 1, Harris County, Texas, from Mixed Residential at Low to
Medium Density (SF2) to General Commercial (GC).
Director of Planning and Development, Mrs. Tiffany Foster stated that this property is currently
being operated as a motorcycle repair shop in which the location was originally zoned as
commercial use prior to the City's rezoning effort in 2013, when it was zoned SF2. She stated
that the Planning and Zoning Commission previously held public hearings on this item and voted
to recommend approval to City Council to amend the zoning district designation from S172 to
GC.
Council Member McCartney inquired if the business had adequate screening and fencing
between the business and the neighboring residence. In response to Council Member
McCartney's inquiry, Mrs. Foster stated that when there is commercial next to residential there's
a 20 feet open space and fencing requirement in which this business is well beyond that. She
further stated that if any improvements are made to this property fencing would be required, but
no improvements are being made at this time.
Mr. Marvin Bennett registered to speak regarding agenda item 3.a. and stated that he's the owner
of Marvin's Performance Cycles. He additionally stated that he has no problem with putting up a
fence as he would be fencing the entire property in the future.
Mayor DonCarlos closed the public hearing regarding agenda item 3.a. at 7:22 P.M.
b. Consider an ordinance regarding a proposed amendment to the official zoning map
to rezone approximately 0.73 acres located at 5303 Crestmont Street on the northwest
corner of Decker Drive and Crestmont Street, Baytown, Texas, locally known as Marvin's
Performance Cycles and legally described as Reserves A and 1A, Craigmont Place Section
1, Harris County, Texas, from Mixed Residential at Low to Medium Density (SF2) to
General Commercial (GC).
A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member
Mercedes Renteria III to approve Ordinance No. 12, 933. The vote was as follows:
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August 27, 2015
Page 5 of 18
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Mercedes Renteria III, Council
Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
ORDINANCE NO. 12,933
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 0.73 ACRES LOCATED AT
5303 CRESTMONT STREET ON THE NORTHWEST CORNER OF DECKER
DRIVE AND CRESTMONT STREET, BAYTOWN, TEXAS, AND LEGALLY
DESCRIBED AS RESERVES A AND IA, CRAIGMONT PLACE SECTION 1,
HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO
MEDIUM DENSITY (SF2) DISTRICT TO GENERAL COMMERCIAL (GC)
DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
4. SPECIAL DISTRICTS
a. Consider an ordinance approving the Baytown Crime Control and Prevention
District FY 2015 -2016 Budget.
A motion was made by Council Member David McCartney and seconded by Council Member
Mercedes Renteria III to approve Ordinance No. 12,934. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Mercedes Renteria III, Council
Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
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August 27, 2015
Page 6 of 18
ORDINANCE NO. 12,934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2015 -16 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 Fiscal Year 2015 -2016 Budget.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III to approve Ordinance No. 12,935. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David McCartney,
Council Member Mercedes Renteria III, Council Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
ORDINANCE NO. 12,935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2015 -16 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.
5. MUNICIPAL BUDGET FY 2015 -2016
a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2015 -2016
Proposed Budget.
At 7:26 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the City of
Baytown Fiscal Year 2015 -2016 Proposed Budget.
City Manager Davis stated that the Texas Local Government Code, Section 102.006 requires that
the City Council hold a public hearing on the proposed budget that allows any person to attend
and participate in the public hearing. He stated that the public hearing must be held after 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.
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August 27, 2015
Page 7 of 18
Council Member Capetillo inquired for clarity purposes about the City's approach for non -civil
service employee's compensation increases and adjustments. In response to Council Member
Capetillo's inquiry, City Manager Davis stated that current budget proposes a 3% merit based
compensation increase for non -civil service employees. Mrs. Flynt further stated that the pot
of funds would be distributed based on each department having an equivalent to a 3% per all
non -civil service employees' salaries.
Council Member Hoskins stated that last year there was a commitment to bring employees up to
a certain level and inquired if the levels were met or if there's still ways to go to them being
complete. City Manager Davis stated that the commitment to bringing employees to market is
still effective, but the timing based on the position or department is going to be addressed over a
period of time.
Mr. Jesus Favela, Austin Little, Daniel Soape, and Anthony East, all registered to speak
regarding agenda item 5.a.
Mr. Favela stated that he's been a city employee for approximately 25 years and that there needs
to be a change in the way the public works department is treated when it comes to raises being
that they receive 3% across the board, the police department 4 %, and the fire department 2% in
addition to their 3% merit increase.
Mr. Little, Mr. Soape, and Mr. East all passed on their time to speak.
b. Consider postponing the adoption of the FY 2015 -2016 Municipal Budget until
September 10, 2015.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III to approve postponing the adoption of the FY 2015 -2016 MDD Budget till
September 10, 2015. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
6. REPORTS
a. Receive the Certification of the 2015 Anticipated Collection Rate from the City of
Baytown Tax Assessor /Collector.
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August 27, 2015
Page 8 of 1S
Acting Director of Finance, Mr. Carl Curry presented the agenda item and stated that the City of
Baytown Tax Assessor /Collector has certified the anticipated tax collections for the 2015 tax
year to be 100 %, in accordance with Section 26.04(b) of the Texas Property Tax Code.
7. PROPOSED ORDINANCES
a. Consider an ordinance authorizing a refund of utility service overpayments made
by Spring Meadow Municipal Utility District.
Mr. Carl Curry presented the agenda item and stated that the municipal utility districts
(MUD) are charged per rooftop rate in addition to the outer city rate whereas their billing is
based upon this information being reported to the City. In reference to this agenda item, he stated
that after some period of time the district notified the City that they misreported the rooftop rate
count to the utility billing department. Mr. Curry stated that this authorization rectifies the
discrepancy from the districts inaccurate reporting. He further stated that they've verified that the
correct counts were accurate and has since instituted a program to make certain that the MUD's
are in compliance with the correct rooftop counts that are being reported.
A motion was made by Council Member David McCartney and seconded by Council Member
Mercedes Renteria III to approve Ordinance No. 12,936. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
ORDINANCE NO. 12,936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A REFUND OF THREE HUNDRED THIRTY -
THREE THOUSAND FOUR HUNDRED SEVENTY -SEVEN AND 64/100
DOLLARS ($333,477.64) FOR OVERPAYMENT OF CERTAIN UTILITY
ACCOUNTS OF SPRING MEADOWS MUNICIPAL UTILITY DISTRICT;
AUTHORIZING PAYMENT OF SUCH REFUND THROUGH A CREDIT TO
THE APPLICABLE UTILITY ACCOUNTS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the abandonment and sale of the City's interest
in the surface portion of Old Cedar -Bayou Lynchburg Road right -of -way, located
southwest of the intersection of Cedar Bayou- Lynchburg Road and North Main Street to
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August 27, 2015
Page 9 of 18
the immediately adjacent landowners Eddie V. Gray, Trustee and Eddie Vaughn Gray,
Trustee; Fred C. Dittman, Jr.; Nisha Dittman; Jesus Ceja Flores, and Celia Torres.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Robert C. Hoskins to approve Ordinance No. 12,937. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
ORDINANCE NO. 12,937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE
CITY'S INTEREST IN THE CITY'S SURFACE RIGHTS TO A PORTION OF
OLD CEDAR -BAYOU LYNCHBURG ROAD RIGHT -OF -WAY LOCATED
SOUTHWEST OF THE INTERSECTION OF CEDAR BAYOU - LYNCHBURG
ROAD AND NORTH MAIN STREET TO EDDIE V. GRAY, TRUSTEE;
EDDIE VAUGHN GRAY, TRUSTEE; FRED C. DITTMAN, JR.; NISHA
DITTMAN; JESUS CEJA FLORES; AND CELIA TORRES, CONTINGENT
UPON THE RECEIPT OF CONSIDERATION AS EXPRESSED HEREIN;
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON
RECEIPT OF CONSIDERATION FOR THE ABANDONMENT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8. CONSENT
Council Member Sain requested that consent agenda item 8.h. be pulled. Council Member
Hoskins requested that consent agenda items 8.d. and 81. be pulled. Council Member Capetillo
requested that consent agenda item 8.m. be pulled.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Terry Sain to approve consent agenda item 8.a. through 8.c., 8.e. through 8.g.,
81, 8.j., 81, and 8.n through 8.p. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain
Nays: None
City Council Regular Meeting Minutes
August 27, 2015
Page 10 of 18
Other: Council Member Chris Presley (Absent)
Approved
a. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the construction of the Lincoln Cedars Park Fence.
ORDINANCE NO. 12,938
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
LINCOLN CEDARS PARK FENCE PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for Community Center Path Improvements.
ORDINANCE NO. 12,939
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
COMMUNITY CENTER PATH IMPROVEMENTS PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for improvements to the Baytown sports league facilities.
ORDINANCE NO. 12,940
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 MUNICIPAL DEVELOPMENT DISTRICT FOR
IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the development and construction of a loop trail at
Pelly Park.
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August 27, 2015
Page 11 of 18
ORDINANCE NO. 12,941
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
DEVELOPMENT AND CONSTRUCTION OF A LOOP TRAIL AT PELLY
PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the construction of a fence at Westwood Park.
ORDINANCE NO. 12,942
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
CONSTRUCTION OF A FENCE AT WESTWOOD PARK; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the Roseland Park Restroom Replacement Project.
ORDINANCE NO. 12,943
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
ROSELAND PARK RESTROOM REPLACEMENT PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District to paint bridge overpasses throughout the City.
ORDINANCE NO. 12,944
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
PAINTING OF BRIDGE OVERPASSES THROUGHOUT THE CITY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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August 27, 2015
Page 12 of 18
j. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the construction and installation of a kayak launch at
Roseland and Bayland Parks.
ORDINANCE NO. 12,945
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
CONSTRUCTION AND INSTALLATION OF A KAYAK LAUNCH AT
ROSELAND AND BAYLAND PARKS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Consider an ordinance authorizing an earnest money contract with Margaret
McCaleb for the purchase of 7028 Bayway Drive, described as Tract 9A Steinman, Harris
County, Texas.
ORDINANCE NO. 12,946
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 EARNEST MONEY AGREEMENT WITH
MARGARET MCCALEB FOR THE PURCHASE OF PROPERTY LOCATED
AT 7028 BAYWAY DRIVE, AND DESCRIBED AS TRACT 9A STEINMAN,
BAYTOWN, HARRIS COUNTY, TEXAS, AUTHORIZING AN AMOUNT
NOT TO EXCEED FORTY -TWO THOUSAND SEVEN HUNDRED THIRTY -
SEVEN AND NO /100 DOLLARS ($42,737.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
n. Consider an ordinance rejecting the bids received for the Pedestrian Bridge Hike
and Bike Trail Project for the Goose Creek Phase V Trail.
ORDINANCE NO. 12,947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BID RECEIVED FOR THE PEDESTRIAN
BRIDGE HIKE AND BIKE TRAIL PROJECT FOR THE GOOSE CREEK
PHASE V TRAIL; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
o. Consider an ordinance amending Chapter 34 "Environment," Article III "Junked,
Wrecked, Abandoned Property," Division 2 "Vehicles" of the Code of Ordinances,
Baytown, Texas, to amend the division to reflect changes to the Texas Transportation
Code.
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August 27, 2015
Page 13 of 18
ORDINANCE NO. 12,948
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 34 'ENVIRONMENT," ARTICLE III "JUNKED, WRECKED,
ABANDONED PROPERTY," DIVISION 2 "VEHICLES," SECTION 34 -91
"DEFINITIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS, IS HEREBY AMENDED TO ADD DEFINITIONS OR CHANGE THE
DEFINITIONS OF "ABANDONED MOTOR VEHICLE," COLLECTOR OR
MOTOR VEHICLE COLLECTOR," CONTROLLED ACCESS HIGHWAY,"
"INOPERABLE," "JUNKED VEHICLE," "MOTOR VEHICLE," AND
"VEHICLE "; SECTION 34 -93 "JUNKED VEHICLES DEEMED
NUISANCES "; SECTION 34 -95 "NOTICE TO ABATE; HEARING;
DISPOSAL "; SECTION 34 -97 "REMOVAL OF ABANDONED VEHICLES';
AND SECTION 34 -98 "DISPOSITION OF ABANDONED VEHICLES" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE
REGULATIONS CONCERNING JUNKED AND ABANDONED VEHICLES;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
P. Consider an ordinance authorizing an Agreement with Goose Creek Consolidated
Independent School District for a truancy officer.
ORDINANCE NO. 12,949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR LAW ENFORCEMENT
SERVICES WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT FOR THE TRUANCY PROGRAM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
8.d. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the Town Square Phase II Project.
A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member
David McCartney to approve consent agenda item 8.d., regarding Ordinance No. 12,950. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member David McCartney, Council Member Mercedes Renteria III,
Council Member Terry Sain
Nays: Council Member Robert C. Hoskins
Other: Council Member Chris Presley (Absent)
Approved
ORDINANCE NO. 12,950
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August 27, 2015
Page 14 of 18
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
TOWN SQUARE PHASE II PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
8.h. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for repairs to the Firefighter Memorial at Bicentennial
Park.
Council Member Sain inquired as to the other partner sharing the costs of the repairs to the
Firefighter Memorial at Bicentennial Park. Mr. Ron Bottoms stated that he suggested that
the-Baytown Professional Firefighters Association split the costs on this project since it is a fire
fighter's memorial and to his understanding they'd agreed with it until he received message the
morning of this meeting that they were not in agreement. He further stated that there are still
funds in MDD's budget for the project.
During further discussion, Council Member Capetillo inquired as to what type of memorial this
would and who would be responsible for it. Director of Parks and Recreation, Mr. Scott Johnson
stated that he feels that the Fire Fighter's Memorial is a City memorial just as the Veteran's
Memorial in which the parks department also maintains.
A motion was made by Mayor Pro Tem Brandon Capetillo and seconded by Council Member
Mercedes Renteria III to approve consent agenda item 8.h., regarding Ordinance No. 12,951. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
City Council Regular Meeting Minutes
August 27, 2015
Page 15 of 18
ORDINANCE NO. 12,951
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
BICENTENNIAL PARK FIREFIGHTER MEMORIAL REPAIR PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8.k. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the rent -to- own /purchase of an Ice Rink for Town
Square.
A motion was made by Mayor Pro Tem Brandon Capetillo, and seconded by Council Member
David McCartney to approve Ordinance No. 12,952. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member David McCartney, Council Member Mercedes Renteria III,
Council Member Terry Sain
Nays: Council Member Robert C. Hoskins
Other: Council Member Chris Presley (Absent)
Approved
ORDINANCE NO. 12,952
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 MUNICIPAL DEVELOPMENT DISTRICT FOR THE
TOWN SQUARE ICE RINK PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
8.m. Consider an ordinance authorizing the renewal of the SunGard software
maintenance agreement.
Council Member Capetillo stated that he has reservations with renewing this software that is
problematic and inquired if the City should continue to utilize it. Director of ITS, Mr. Ed
Tomjack stated that SunGard product is a suite of applications and therefore it functions for
multiple departments such as permitting, code enforcement, utility billing, finance, and payroll.
Mr. Tomjack stated that there are always issues but none that can't be worked out. He further
stated that currently there are issues that are being worked out and there are some dislikes to the
way the software does business compared to the way the City processes are.
City Council Regular Meeting Minutes
August 27, 2015
Page 16 of 18
Mayor DonCarlos requested for the next budget year that other options be presented. City
Manager Davis stated that in his career he's been through three (3) enterprise resource
projects (ERP) and there's an extensive amount of work that goes into it and recommended that
this be discussed during the retreat.
The first vote failed; therefore, Mr. Tomjack reminded the Council Members and stated that
r. without the maintenance agreement, the City would not be able to run payroll and financial
obligations.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member David McCartney to approve consent agenda item 8.m., regarding Ordinance No.
12,953. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council
Member Mercedes Renteria III
Nays: Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins,
Council Member Terry Sain
Other: Council Member Chris Presley (Absent)
Rejected
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III to approve bringing previous consent agenda item 8.m for vote. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member David McCartney to approve to reconsider consent agenda item 8.m. and approve
Ordinance No. 12,953. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Mercedes Renteria III,
Council Member Terry Sain
Nays: Mayor Pro Tem Brandon Capetillo
Other: Council Member Chris Presley (Absent)
Approved
ORDINANCE NO. 12,953
City Council Regular Meeting Minutes
August 27, 2015
Page 17 of 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY -
NINE THOUSAND EIGHT HUNDRED SIXTY -ONE AND 20/100 DOLLARS
($79,861.20) TO SUNGARD PUBLIC SECTOR INC., FOR THE RENEWAL
OF THE SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
9. MANAGER'S REPORT
a. Present the schedule for the remainder of 2015 for the Baytown Aquatics facilities.
Mr. Scott Johnson presented the agenda item and stated that both Pirates Bay Water Park and
Calypso Cove ended daily operations on Sunday, August 23rd. He stated that both
parks would reopen for the August 29 - 30 weekend, as well as, Labor Day weekend starting
on Saturday, September 5th through Monday, September 07, 2015, and then close for the 2015
Summer Season. He further stated that the City's five spray parks would remain open daily
through Sunday, November 1st, and that on September 10, 2015, at 5:00 P.M., there would be a
ribbon cutting at Bowie Elementary for the special needs playground.
b. City of Baytown offices will be closed on Monday, September 07, 2015, for the
Labor Day Holiday.
City Manager Davis presented the agenda item and stated that the City of Baytown offices will
be closed on Monday, September 07, 2015, for the Labor Day Holiday.
Mayor DonCarlos stated that the Kroger Company's corporate office announced that they are
going to fund a new large Kroger on the east side of Baytown to replace the existing store
located on the corner of Alexander Drive and Ward Road.
10. ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III adjourning the August 27, 2015, City Council Regular meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain
City Council Regular Meeting Minutes
August 27, 2015
Page 18 of 18
Nays: None
Other: Council Member Chris Presley (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the August 27,
2015, City Council Regular Meeting at 8:10 P.M.
City of Baytown