2015 11 16 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
November 16, 2015
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
November 16, 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:
Robert Hoskins
David McCartney
Chris Presley
Terry Sain
Council Member
Council Member
Council Member
Council Member
Stephen H. DonCarlos Mayor
Rick Davis
Ignacio Ramirez
Leticia Brysch
David Alford
City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the November 16, 2015, November 16, 2015, City Council
Regular Meeting with a quorum present at 6:30 P.M., all members were present with the
exception of Council Members Capetillo and Renteria who were both absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney.
1. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. Michelle Reeves requests to appear before council to invite citizens, staff and
council members to participate in the Cruisin' Texas Toy Drive on December 19, 2015.
Ms. Reeves was not present to speak regarding agenda item l.a.
b. Recognize the City of Baytown Public Safety Award of Excellence winners.
City Manager Davis presented the agenda item and recognized Corporal Ken Terry as Police
Officer of the Year and David Mendisabal as Firefighter of the Year.
Mr. Ken Terry was not present.
C. Recognize employees for their dedicated years of service to the City (5, 10, 15 +
years).
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November 16, 2015
Page 2 of 27
Director of Human Resources, Mrs. Carol Flynt presented the agenda item and recognized
employees for their dedicated years of service to the City (5, 10, 15 + years).
15 Years
Larry Martin, Police Lieutenant
Sean Saunders, Certified Firefighter Medic
Maria Porche', Accounting Specialist I
20 Years
Roger Park, Police Lieutenant
Dennis Wells, Engineering Project Manager
25 Years
Stephen Bonetti, Heavy Equipment Operator II
2. ELECTION CANVASS
a. Canvass the returns of the City of Baytown's November 03, 2015, Special Election.
Mayor DonCarlos presented the agenda item to canvass the results of the November 03, 2015,
City of Baytown Special Election final and official. He stated that the Ordinance No. 13,206
declares the results of the City of Baytown Special Election held on Tuesday, November 03,
2015, in which residents voted on 24 propositions: (1) the reauthorization of the street
maintenance sales and use tax, (2) twenty -two charter amendments and (3) the issuance of bonds
for the purchase of a municipal golf course. He stated that through the City Clerk, he received
the sealed precinct returns and read the canvass summary tabulation as follows:
• Total Early Voting: 1,837
• Total Election Day Voting: 1,948
• Total Provisional Ballots: 12 in which 5 were accepted
• Total Registered Voters: 32,812
• Total Votes Casted: 3,785
Re- authorization of the Sales Maintenance Street Tax:
Proposition No. 1
Early
Election
Total
For
1523
1531
3054
Against
244
312
556
Proposed Charter Amendments:
Proposition No. 2
Early
Election
Total
For
1467
1468
2935
Against
258
307
565
Proposition No. 3
For
Against
Proposition No. 4
For
Against
Proposition No. 5
For
Against
Proposition No. 6
For
Against
Proposition No. 7
For
Against
Proposition No. 8
For
Against
Proposition No. 9
For
Against
Early
Election
1326
1279
360
429
Early
Election
1358
1284
325
446
Early
Election
968
931
746
840
Early
Election
922
918
818
895
Early
Election
1448
1461
253
291
Early
Election
1452
1391
242
338
Early
Election
1459
1447
231
280
Proposition No. 10 Early
For 1230
Against 450
Proposition No. 11 Early
For 1446
Against 237
Proposition No. 12 Early
For 1356
Against 282
Proposition No. 13 Early
For 1334
Against 330
Election
1183
549
Election
1417
299
Election
1322
343
Election
1338
362
Total
2605
789
Total
2642
771
Total
1899
1586
Total
1844
1713
Total
2909
544
Total
2843
580
Total
2906
511
Total
2413
999
Total
2863
536
Total
2678
625
Total
2672
692
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November 16, 2015
Page 3 of 27
City Council Regular Meeting Minutes
November 16, 2015
Page 4 of 27
Proposition No.
14
Early
Election
Total
For
1429
1377
2806
Against
235
326
561
Proposition No.
15
Early
Election
Total
For
1401
1353
2754
Against
246
318
564
Proposition No.
16
Early
Election
Total
For
1345
1269
2614
Against
305
393
698
Proposition No.
17
Early
Election
Total
For
1421
1340
2761
Against
237
345
582
Proposition No.
18
Early
Election
Total
For
1247
1121
2368
Against
406
417
823
Proposition No.
19
Early
Election
Total
For
1380
1278
2658
Against
275
395
670
Proposition No.
20
Early
Election
Total
For
1461
1450
2911
Against
196
223
419
Proposition No.
21
Early
Election
Total
For
1465
1482
2947
Against
189
215
404
Proposition No.
22
Early
Election
Total
For
1477
1484
2961
Against
170
199
369
Proposition No.
23
Early
Election
Total
For
1380
1349
2729
Against
281
341
622
Proposition No.
24
Early
Election
Total
For
860
904
1764
Against
900
919
1819
City Council Regular Meeting Minutes
November 16, 2015
Page 5 of 27
Mayor DonCarlos stated that he delivered the precinct returns, tally lists, and early voting
precinct report used in the canvass to the City Clerk, whose the general custodian of election
records and will preserve them for the period for preserving precinct election records.
b. Consider an ordinance declaring the results of the City of Baytown Special Election
held on Tuesday, November 03, 2015.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving Ordinance No. 13,026. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE SPECIAL ELECTIONS HELD
NOVEMBER 3, 2015, CONCERNING (I) THE REAUTHORIZATION OF THE
LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE
RATE OF ONE - FOURTH OF ONE PERCENT TO CONTINUE PROVIDING
REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS,
(II) TWENTY -TWO (22) PROPOSED AMENDMENTS TO THE CHARTER
OF THE CITY OF BAYTOWN, TEXAS, AND (III) THE ISSUANCE OF
BONDS IN THE AMOUNT OF TWELVE MILLION FIVE HUNDRED
THOUSAND AND NO /100 DOLLARS ($12,500,000.00) FOR THE
ACQUISITION OF ALL OR A PORTION OF A GOLF COURSE LOCATED
NEAR EVERGREEN ROAD AND ADDITIONAL PROPERTY IN THE
VICINITY OF SAID GOLF COURSE AND THE CONSTRUCTION,
REDEVELOPMENT, RENOVATION, IMPROVEMENT AND EQUIPMENT
OF A PUBLIC GOLF COURSE AND RELATED FACILITIES ON SAID
PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor DonCarlos stated that the Official Canvass Report is available by precincts if desired in
the City Clerk's Office in City Hall and will be made available through the public information
request process.
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November 16, 2015
Page 6 of 27
3. MINUTES
a. Consider approving the minutes of the City Council Regular Meeting held on
October 08, 2015.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving the October 08, 2015, City Council Regular Meeting minutes. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
b. Consider approving the minutes of the City Council Regular Meeting held on
October 22, 2015.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Terry Sain approving the October 22, 2015, City Council Regular Meeting minutes. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
Mayor DonCarlos requested that the agenda be taken out of order to consider agenda item I O.a.
10. REPORTS
a. Receive Animal Control Advisory Committee /Sub - Committee Report on their
findings and recommendations.
Assistant City Manager, Kevin Troller presented the agenda item and stated that several months
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November 16, 2015
Page 7 of 27
ago there were many speakers that addressed Council with concerns of the Animal Control
facility, therefore a committee of experts was formed to go visit the facility then provide a report
of their findings and recommendations to be brought back before Council. He stated for clarity
that the facility is considered an Animal Control facility.
Dr. Cynthia Lipps presented the Animal Control Advisory Committee /Sub - Committee Report
and stated that they reviewed the City of Baytown Ordinances, other city ordinances, and state
statues concerning animal law. She stated that they focused on the existing policy and
procedures, as well as, ways to help improve the animal services division in the future. She
stated that in looking at the existing policy they observed to see if the following standards were
in compliance with state law: the condition of the shelter, if the animals being euthanized were
done in a human manner, as well as, in compliance with the American Veterinarian Association
(AVA) standard, and if the animal control officers were trained properly in animal care
and euthanasia. She stated that the animal control facility is in compliance with the Texas
Administrative Code under Title 25, Part 1, Chapter 169.26, "Subchapter (A) "Facilities for
the Quarantining or Impounding of Animals ". She further stated that the animals were provided
adequate housing, food, water and housed according to their sex, size, and age. She stated that
the kennels were adequately cleaned and sanitized at least daily with fresh food provided at least
once a day to adult animals and twice a day to younger animals. Dr. Lipps stated that water was
always available, dry food was properly stored, and the refrigerator was provided with perishable
foods. She stated that food and water dishes were properly cleaned and sanitized. She stated that
the euthanasia procedures and the handling storing and recording of euthanasia drugs were in
compliant with the Texas Administrative Code under Title 25 Chapter 169 Subchapter (D)
"Allowable Methods of Euthanasia ", as well as, the standard recommended by the AVA. She
stated that as it relates to the animal control officers, they all received state approved
training, proper animal care and handling, and training and proper euthanasia techniques in
accordance with the Texas Health and Safety Code Title 10 Chapter 821 and Chapter 829. Dr.
Lipps stated that newly hired animal control officers (ACOs) were currently in training and
will have their certifications within the time period as specified by state law. She stated that the
documentation verifying the continued education for the ACOs is maintained in the manager's
office. She stated that they didn't find any violations at the facility with the euthanasia protocols
or the training of the personnel and therefore conclude that the Baytown Animal Services
Division is in compliance with the law under the state of Texas. She stated that the subcommittee
to the advisory committee found no evidence that the City of Baytown and the animal services
division are not in compliance with state statues.
During further discussion, Dr. Lipps stated that they benchmarked the City of Baytown with
other animal services organizations regarding hours of operations, euthanasia rates, adoption
rates, marketing of adoptable pets, relationships with rescue groups and volunteers, and spayed
and neutered programs and made the following recommendations:
• Modifying the mission of the facility to having more focus on saving animals that are
impounded;
• Increasing the hours of operations;
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November 16, 2015
Page 8 of 27
• Utilizing the internet, social media, and marketing sites continually for advertising the
animals, as well as, the facility;
• Participating in more outside adoption events;
• Utilizing the adoption trailer regularly;
• Develop a volunteer program that includes a volunteer manual and an agreement with the
volunteers;
• Vaccinating animals on intake;
• Collaborating and developing an agreement with approved rescue partners to be able to
transfer animals;
• Developing a spay and neuter program;
• Creating a more esthetic adoption area and take pictures of those who adopt pets for
posting purposes with their permission;
• Having donations availability on the website; and
• Increasing the budget.
Additionally, Dr. Lipps stated that one of the members of the committee, whose an architect
rendered a preliminary annexed plan that could be attached to the current facility for animals to
be moved to that are ready to be adopted.
Mayor DonCarlos stated that the budget increase will be considered for the next budget cycle, as
well as, an adoption pavilion. He stated that staff will be pursuing collaborating with Texas
A &M in their program that sends veterinarian students to participate in neutering clinics.
Ms. Shantel Priddy and Ms. Wanda Carter both registered to speak regarding agenda item 10.a.
Ms. Priddy requested that Council partner with citizens groups that are willing to assist with
bettering the animal facility and not dismiss the recommendations due to funding.
Ms. Carter stated that she wants better treatment of the animals and requested that Council
considers the recommendations from the committee.
Mayor DonCarlos inquired as to when the new ACO's would be hired. Heath Department
Director, Mr. Mike Lester stated that a new ACO started on 11/16/15 which will take
approximately four (4) to six (6) weeks to catch her up to speed before going out in the fields,
three (3) ACO's have been on board for about six (6) months or less leaving about three (3)
certified ACO's and all but two (2) are certified in euthanasia. He stated that there's a total of
eight (8) staff with two (2) being down. Mr. Lester stated that the hours of operation were cut
and although they scaled back on the hours to the public, there was significant improvement
to the activities at the facility because the staff was available to do the work. He stated that with a
full staff of eight (8) working the normal hours previously to the hour of operation change, it was
still stretch to cover the work load as there should be twelve staff. Additionally, he stated that he
agrees with the recommendations presented.
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November 16, 2015
Page 9 of 27
City Manager Davis stated that staff will prioritize the recommendations presented from the
committee along with budgetary estimates and provide the timeline to Council, as well as, the
concerned group and committees involved.
Mayor DonCarlos stated that the agenda would be returned to its regular order and consider
agenda items 4.a. and 4.b., in which those two items were not ready for consideration.
4. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528
a. Consider a resolution granting consent to the creation of the Harris County
Municipal Utility District No. 528 and the inclusion therein of additional territory in the
Tri -City Beach/Hwy 146 area.
b. Consider an ordinance authorizing a Utility Functions and Services Allocation
Agreement with Graham Mortgage Corporation, Lone Star 5000 Corporation, Texas
Capital Development Corporation, Inc., and Hazelwood Enterprises, Incorporated, on
behalf of the proposed Harris County Municipal Utility District No. 528.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving to postpone agenda items 4.a. and 4.b. on or before January 31 st.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
5. TOWN SQUARE
a. Consider an ordinance amending Chapter 2 "Administration," Article V
"Finance," Section 2 -595 "Fees for various city services," Subsection (4) "Parks and
recreation services" of the Code of Ordinances to establish fees for Town Square.
Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated
that Ordinance No. 13,027 is to establish a $10 per person fee for admission to the Town Square
ice skating rink which will be opened from 6:00 P.M. to 10:00 P.M. Council Member Presley
requested consideration for a discounted rate for younger children or a family discount.
Mr. Johnson stated that in researching fees from other establishments there was one with a fee
City Council Regular Meeting Minutes
November 16, 2015
Page 10 of 27
of $8 for children under 12 and in such case, he proposed that the fee be according to height
rather age.
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving Ordinance No. 13,027, establishing a fee of $10 per adult person and $8
per child under 48 inches. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2 -595 "FEES FOR
VARIOUS CITY SERVICES," SUBSECTION (4) "PARKS AND
RECREATION SERVICES" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ADD SUBSECTION (C) TO ESTABLISH FEES FOR THE TOWN
SQUARE ICE SKATING RINK; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
b. Consider a proposed ordinance amending Chapter 42 "Health and Sanitation,"
Article IV "Food and Food Service Establishments," Division 1 "Generally," Section 42-
131 "Definitions" and Section 42 -153 "Mobile Food Establishments ".
Mr. Lester presented the agenda item and stated that this item is specifically addressing the
standards for mobile food units as requested by Council. He stated that they researched various
standards from across the state but narrowed down to modifying the City of Houston's code
being that most of the units would come from that area. He stated that the modifications
included changing the hours of operations outside of the ACE district to be setup for two (2)
hours and include in the policy, which is not part of the code, allowing 30 minutes before or after
setup. He stated that the applicant must provide an itinerary to include the location and time of
the setup for inspection purposes. He stated that they removed the onboard restroom requirement
for employees, but required that they have notarized permission to use a restroom within 150
feet. Mr. Lester stated that due to litigation concerns, they decided not to include distance
restrictions of a mobile unit being setup within a certain distance of a food establishment. He
stated that the merchant can't sale from the public right -of -way except in the ACE District and
City Council Regular Meeting Minutes
November 16, 2015
Page 11 of 27
that also in the ACE District there is no time constraint, but the unit must be readily moveable at
any time.
Mayor DonCarlos stated that agenda items 5.b., 5.c., and 5.d. would be considered together as
they are all related.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving agenda items 5.b. (Ordinance No. 13,028), agenda item 5.c. (Ordinance
No. 13,029), and agenda item 5.d. (Ordinance No. 13,030). The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,028
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION,"
ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS,"
DIVISION 1 "GENERALLY," SECTION 42 -131 "DEFINITIONS," AND
SECTION 42 -153 "MOBILE FOOD ESTABLISHMENTS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO INCLUDE DEFINITIONS OF
"DEPARTMENT," "MOBILE FOOD UNIT," AND "RESTRICTED
OPERATIONS MOBILE FOOD UNIT" TO REVISE THE DEFINITION OF
"TFER" AND TO ENACT REGULATIONS RELATED TO THE
OPERATIONS OF MOBILE FOOD UNITS WITHIN THE CITY OF
BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Consider an ordinance amending Chapter 42 "Health and Sanitation," Article V
"Live Outdoor Exhibitions," Section 42 -286 "Permit required" of the Code of Ordinances,
Baytown, Texas, to exempt the Town Square from the distance requirements.
ORDINANCE NO. 13,029
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION,"
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November 16, 2015
Page 12 of 27
ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT
REQUIRED" BY AMENDING SUBSECTION (E) "DISTANCE
REQUIREMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO PROVIDE AN EXCEPTION FOR EVENTS HELD AT TOWN SQUARE;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
d. Consider a proposed ordinance amending Chapter 74 "Peddlers and Solicitors,"
Article I1 "Itinerant Merchants and Open Air Vendors," Section 74 -28 "Exemptions from
article" of the Code of Ordinances, Baytown, Texas, to exempt properly licensed mobile
food vendors.
ORDINANCE NO. 13,030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 74 'PEDDLERS AND SOLICITORS,"
ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS,"
DIVISION 1 "GENERALLY," SECTION 74 -28 "EXEMPTIONS FROM
ARTICLE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
PROVIDE AN EXCEPTION FOR EVENTS HELD AT TOWN SQUARE;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
6. ANNEXATION OF APPROXIMATELY 1.5 ACRES OF LAND
a. Conduct the first public hearing concerning the voluntary annexation of
approximately 1.5 acres of land located at the southwest corner of I -10 and Sjolander
Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County, Texas.
At 7:45 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the
voluntary annexation of approximately 1.5 acres of land located at the southwest comer of I -10
and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County,
Texas.
Director of Planning and Development Services, Mrs. Tiffany Foster stated that she would
summarize both agenda items 6.a. and 6.b. together. She stated that the items were in regards
to the proposed voluntary annexation of approximately 1.5 acres of land located at the southwest
corner of I -10 and Sjolander Road. Additionally, she stated that the property owner requested
annexation for the future construction of a convenience store.
With there being no one registered to speak regarding agenda item 6.a., Mayor DonCarlos closed
the first public hearing at 7:46 P.M.
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November 16, 2015
Page 13 of 27
b. Conduct the second public hearing concerning the voluntary annexation of
approximately 1.5 acres of land located at the southwest corner of I -10 and Sjolander
Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Harris County, Texas.
At 7:46 P.M., Mayor DonCarlos opened and conducted the second public hearing concerning the
voluntary annexation of approximately 1.5 acres of land located at the southwest corner of I -10
and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No. 954, Hams County,
Texas.
With there being no one registered to speak regarding agenda item 6.b., Mayor DonCarlos closed
the second public hearing at 7:46 P.M.
SBE CHEMICAL PARTNERS I REINVESTMENT ZONE
a. Conduct a public hearing establishing the SBE Chemical Partners I Reinvestment
Zone.
At 7:46 P.M., Mayor DonCarlos opened and conducted a public hearing establishing the SBE
Chemical Partners I Reinvestment Zone.
City Attorney, Mr. Ignacio Ramirez stated that this public hearing is in regards to establishing
the Reinvestment Zone at the old Carbon Black Plant property in the event that the company
chooses to move forward with this site.
Mr. Thomas Suffield registered to speak before the public hearing regarding agenda item 7.a. to
answer any questions and stated that they would like to move forward with this site.
At 7:48 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 7.a.
8. PROPOSED ORDINANCES
a. Consider an ordinance for the first reading of the proposed voluntary annexation of
approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709,
located at the northeast corner of Blue Heron and North Main, Harris County, Texas, save
and except previously annexed land by the City of Baytown via Ordinance No. 1365.
Mrs. Foster presented the agenda item and stated that this land is a voluntary annexation of
approximately 3.62 acres of land located at the northeast corner of Blue Heron and North Main
for a proposed development of a Harris County Head Start facility. Additionally she stated that
the second reading of the ordinance, completing the annexation proceedings is scheduled for the
City Council meeting on December 10, 2015.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 13,031. The vote was as follows:
City Council Regular Meeting Minutes
November 16, 2015
Page 14 of 27
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tent Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,031
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 3.62
ACRES OF LAND SITUATED IN THE J.W. SINGLETON SURVEY,
ABSTRACT 709, LOCATED AT THE NORTHEAST CORNER OF BLUE
HERON AND NORTH MAIN, HARRIS COUNTY, TEXAS, SAVE AND
EXCEPT PREVIOUSLY ANNEXED LAND BY THE CITY OF BAYTOWN
VIA ORDINANCE NO. 1365, WHICH SAID TERRITORY LIES ADJACENT
TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
b. Consider an ordinance for the first reading of the proposed involuntary
annexation of approximately 206.35 acres situated in the George Ellis Survey, Abstract
21, for multiple sites located on the east side of North Main, from the East Freeway to
Wallisville Road, and the right -of -way along N. Main and a portion of Wallisville Road,
Harris County, Texas.
Mrs. Foster presented the agenda item and stated that this is the first reading to continue the
annexation process regarding the involuntary annexation North of I -10 including parts of the
right -of -way for North Main going over to Wallisville. She stated that there were two (2) public
hearings held on this item in which some property owners voiced concerns for the future of their
property because of the effects of the annexation. She stated that they've been in contact with the
property owners to discuss the future plans of their property and are ready to move forward with
the annexation. She stated that they will continue to work with the property owners and that there
will probably be some changes to the existing ordinances to help facilitate with their food
services.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 13,032. The vote was as follows:
City Council Regular Meeting Minutes
November 16, 2015
Page 15 of 27
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,032
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
206.35 ACRES SITUATED IN THE GEORGE ELLIS SURVEY, ABSTRACT
21, FOR MULTIPLE SITES LOCATED ON THE EAST SIDE OF NORTH
MAIN, FROM THE EAST FREEWAY TO WALLISVILLE ROAD, AND THE
RIGHT -OF -WAY ALONG N. MAIN AND A PORTION OF WALLISVILLE
ROAD, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
9. PROPOSED RESOLUTIONS
a. Consider a resolution casting the City of Baytown's ballot for the election of a
person to serve on the Board of Directors of the Harris County Appraisal District.
City Clerk, Leticia Brysch presented the agenda item and stated that Council nominated Mr. Ed
Heathcott as a Harris County Appraisal District representative to serve on the board and
Resolution No. 2385 casts the votes.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving Resolution No. 2385. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sam, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
RESOLUTION NO. 2385
City Council Regular Meeting Minutes
November 16, 2015
Page 16 of 27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO
THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL
DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution casting the City of Baytown's ballot for the election of one or
more persons to serve on the Board of Directors of the Chambers County Appraisal
District.
Mrs. Brysch presented the agenda item and stated that Council nominated Mr. Everett "Tan"
Williams as a Chambers County Appraisal District representative to serve on the board and
Resolution No. 2386 casts the votes.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving Resolution No. 2386. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
RESOLUTION NO. 2386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO
THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL
DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
11. CONSENT
Council Member Sain requested that consent agenda item 1 Li be pulled and Council Member
Hoskins requested that consent agenda items 1 l.m., l l.n., and l l.r. be pulled.
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving consent agenda items l La. through I l.h., l l .j. through 11.1., l Lo. through
1 l.q., and l l.s. The vote was as follows:
City Council Regular Meeting Minutes
November 16, 2015
Page 17 of 27
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
a. Consider an ordinance approving the Professional Services Agreement between the
Baytown Area Water Authority ( "BAWA ") and KIT Professionals, Inc., for the BAWA
Sedimentation Basins 1 -3 Re- Rating Evaluation Project.
ORDINANCE NO. 13,033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND KIT
PROFESSIONALS, INC., FOR THE BAWA SEDIMENTATION BASINS 1 -3
RE- RATING EVALUATION PROJECT IN AN AMOUNT NOT TO EXCEED
THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the Third Amendment to the Professional
Services Agreement with Kimley -Horn and Associates, Inc., for the San Jacinto Boulevard
Project.
ORDINANCE NO. 13,034
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE THIRD AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY HORN AND
ASSOCIATES, INC., FOR THE SAN JACINTO BOULEVARD PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED SEVENTY -ONE THOUSAND FOUR
HUNDRED SEVENTY AND NO /100 DOLLARS ($171,470.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider the establishment of speed limits and hours of enforcement in school zones
for (i) Banuelos Elementary School, (ii) Victoria Walker Elementary School. and (iii) all of
Goose Creek Consolidated Independent School District's junior high schools and high
schools within the City of Baytown.
City Council Regular Meeting Minutes
November 16, 2015
Page 18 of 27
ORDINANCE NO. 13,035
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING MAXIMUM PRIMA FACIE SPEED LIMITS FOR
MOTOR VEHICLES IN DESIGNATED SCHOOL ZONES AND PROVIDING
FOR HOURS OF ENFORCEMENT ON SCHOOL DAYS OR WHEN
CHILDREN ARE PRESENT; AUTHORIZING AND DIRECTING THE
PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
d. 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 four (4) stop signs on Dallas
Street at its intersections with Stewart Avenue and E. Francis Street.
ORDINANCE NO. 13,036
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 FOUR (4)
STOP SIGNS ON DALLAS STREET AT ITS INTERSECTIONS WITH
STEWART AVENUE AND E. FRANCIS STREET; AUTHORIZING THE
POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR
EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
e. 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 Harbor
View Boulevard at its intersection with Tri- Cities Beach Road.
ORDINANCE NO. 13,037
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
City Council Regular Meeting Minutes
November 16, 2015
Page 19 of 27
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1)
STOP SIGN ON HARBOR VIEW BOULEVARD AT ITS INTERSECTION
WITH TRI- CITIES BEACH ROAD; AUTHORIZING THE POSTING OF
PROPER SIGNS; REPEALING CONFLICTING ORDINANCES;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR
EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
I. 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 three (3) stop signs at the
intersections of Longhorn Drive, Tumbleweed Lane, and Lariat Drive with E. Baker Road
and one (1) yield sign at the intersection of Mesa Drive and Tumbleweed Lane.
ORDINANCE NO. 13,038
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 THREE (3)
STOP SIGNS — ONE (1) ON LONGHORN DRIVE AT ITS INTERSECTION
WITH E. BAKER ROAD, ONE (1) ON TUMBLEWEED LANE AT ITS
INTERSECTION WITH E. BAKER ROAD, AND ONE (1) ON LARIAT
DRIVE AT ITS INTERSECTION WITH E. BAKER ROAD AND TO
AUTHORIZE THE INSTALLATION OF ONE (1) YIELD SIGN ON MESA
DRIVE AT ITS INTERSECTION WITH TUMBLEWEED LANE;
AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100
DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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 two (2) stop signs on Ferry
Rd. at its intersections with N. Alexander Dr.
ORDINANCE NO. 13,039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
W "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES
City Council Regular Meeting Minutes
November 16, 2015
Page 20 of 27
ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TWO (2)
STOP SIGNS ON FERRY ROAD AT ITS INTERSECTIONS WITH N.
ALEXANDER DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
h. Consider an ordinance authorizing the renewal of the Annual Cationic Polymer
Supply Contract to BASF Corporation.
ORDINANCE NO. 13,040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE CONTRACT OF BASF CORPORATION FOR THE
ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
SIXTY -FIVE THOUSAND TWO HUNDRED NINETY -NINE AND 96/100
DOLLARS ($65,299.96); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
j. Consider an ordinance approving the payment of the Texas Commission on
Environmental Quality (TCEQ) fee for the City's four (4) wastewater treatment plants.
ORDINANCE NO. 13,041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE
HUNDRED SIXTY -FOUR THOUSAND FIVE HUNDRED NINE AND 45/100
DOLLARS ($164,509.45) TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED
WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER
TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
k. Consider an ordinance approving the payment of the Texas Commission on
Environmental Quality fee for the City's water system.
ORDINANCE NO. 13,042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF SEVENTY -
FOUR THOUSAND SEVEN HUNDRED TWENTY -SEVEN AND 55 /100
City Council Regular Meeting Minutes
November 16, 2015
Page 21 of 27
DOLLARS ($74,727.55) TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR THE ANNUAL FEE FOR THE CITY'S
WATER SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
1. Consider an ordinance authorizing payment to Harris County for radio airtime and
equipment maintenance.
ORDINANCE NO. 13,043
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED SEVENTY THOUSAND AND NO /100 DOLLARS
($270,000.00) TO HARRIS COUNTY FOR RADIO AIRTIME AND
EQUIPMENT MAINTENANCE FOR THE PERIOD COMMENCING ON
OCTOBER 1, 2015, AND ENDING SEPTEMBER 30,2016; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing granting a variance from the distance
requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of
Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on
December 5, 2015; and exempting such event from the application of the City's Peddlers
and Solicitors' Ordinance.
ORDINANCE NO. 13,044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND
SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION
42 -286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR
ART LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS
ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE
REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT ART
LEAGUE OF BAYTOWN, INCORPORATED'S ANNUAL CHRISTMAS ON
TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS
AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND
RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
P. Consider an ordinance authorizing the abandonment and sale of the City's interest
of a portion of an underground 10 foot waterline easement dedicated by Eastpoint
Subdivision Section One Plat, recorded under Volume 311, Page 3, H.C.M.R., located on
City Council Regular Meeting Minutes
November 16, 2015
Page 22 of 27
the west side of Eastpoint Boulevard, addressed as 7447 Eastpoint Boulevard, to the
property owner Stanmore /ADEF Baytown, LP.
ORDINANCE NO. 13,045
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 10 -FOOT UTILITY EASEMENT
DEDICATED VIA THE EASTPOINT SUBDIVISION SECTION ONE PLAT,
RECORDED UNDER VOLUME 311, PAGE 3 OF THE HARRIS COUNTY
MAP RECORDS, LOCATED ON THE WEST SIDE OF EASTPOINT
BOULEVARD, ADDRESSED AS 7447 EASTPOINT BOULEVARD TO
STANMORE /ADEF BAYTOWN, LP, 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.
q. Consider an ordinance authorizing the purchase of one (1) 2016 Chevrolet C3500
6.6 -liter Diesel Chassis and Frazer Type 1 12' Generator Powered Module through the
Houston - Galveston Area Council for the Baytown Fire Department.
ORDINANCE NO. 13,046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY -TWO
THOUSAND NINE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS
($152,925.00) TO KNAPP CHEVROLET THROUGH THE HOUSTON -
GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2016
CHEVROLET C3500 6.6 -LITER DIESEL CHASSISAND FRAZER TYPE 1 12'
GENERATOR POWERED MODULE FOR THE FIRE DEPARTMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
S. Consider an ordinance renewing the agreement with Hartford Life & Accident
Insurance Company (Hartford) for Retiree Medicare Supplement Insurance.
ORDINANCE NO. 13,047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE RENEWAL OF A SERVICE AGREEMENT
WITH HARTFORD LIFE & ACCIDENT INSURANCE COMPANY FOR
RETIREE MEDICARE SUPPLEMENT INSURANCE SERVICES FOR THE
CALENDAR YEAR OF JANUARY 1, 2016, THROUGH DECEMBER 31,
2016; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN
AMOUNT NOT TO EXCEED EIGHT HUNDRED THIRTEEN THOUSAND
City Council Regular Meeting Minutes
November 16, 2015
Page 23 of 27
FOUR HUNDRED FIFTY -SIX AND NO /100 DOLLARS ($813,456.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
111 Consider an ordinance authorizing the award of the Annual Concrete Work
Contract to Teamwork Construction Services, Inc.
Council Member Sain inquired clarity on a possible issue with Teamwork not being receptive to
some of the work being requested. In response to Council Member Sain's inquiry, Director of
Public Works, Mr. Frank Simoneaux stated that there were some issues with the previous
contract where there were no mobilization costs for small amounts for sidewalks so the price was
not reflective of that costs which has since been rectified. Mr. Simoneaux stated that they
separated the bid item into smaller amounts for sidewalks and increased the amounts on the
smaller quantities.
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney approving consent agenda item l Li. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,048
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TEAMWORK CONSTRUCTION
SERVICES, INC., FOR THE ANNUAL CONCRETE WORK CONTRACT
AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM
OF TWO MILLION AND NO /100 DOLLARS ($2,000,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ll.m. Consider an ordinance authorizing the purchase of IBM Flex System servers and
IBM Storwize storage system from Mark III Systems through the Texas Department
of Information Resources.
ll.n. Consider an ordinance authorizing the purchase of Cisco network equipment from
Presidio, Inc., through the Texas Department of Information Resources.
City Council Regular Meeting Minutes
November 16, 2015
Page 24 of 27
Council Member Hoskins requested that consent agenda items l l.m. and l.n. be considered
together. ITS Director, Mr. Ed Tomjack stated that the two items were to purchase equipment to
bring the 911 center online.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving consent agenda items I I.m. and 1 l.n. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,049
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THREE HUNDRED FIFTY -EIGHT
THOUSAND FIVE HUNDRED TWENTY -SIX AND 15 1100 DOLLARS
($358,526.15) TO MARK III SYSTEMS, INC., FOR THE PURCHASE OF IBM
FLEX SYSTEM SERVERS AND IBM STORWIZE STORAGE SYSTEM
THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 13,050
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY -FIVE
THOUSAND SIX HUNDRED FIFTY -ONE AND 12/100 DOLLARS
($155,651.12) TO PRESIDIO, INC. FOR THE PURCHASE OF CISCO
NETWORK EQUIPMENT THROUGH THE TEXAS DEPARTMENT OF
INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
11.r. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas
Local Government Purchasing Cooperative (Buy Board), for construction of sidewalks, two
entry sign walls, 18 brick fence columns and the foundation and ramps for the stage at the
Town Square.
City Council Regular Meeting Minutes
November 16, 2015
Page 25 of 27
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving consent agenda item l l .r. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: Council Member Robert C. Hoskins
Other: Mayor Pro Tem Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
ORDINANCE NO. 13,051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED NINETY -
NINE THOUSAND SEVEN HUNDRED TWENTY -THREE AND 20/100
DOLLARS ($299,723.20) TO KRAFTSMAN L.P., THROUGH THE TEXAS
LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD)
FOR THE CONSTRUCTION OF SIDEWALKS, TWO ENTRY SIGN WALLS,
18 BRICK FENCE COLUMNS AND FOUNDATION FOR THE STAGE AT
TOWN SQUARE; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
12.
a. Consider four (4) reappointments to the Community Development Advisory
Committee (CDAC).
City Clerk Brysch presented the agenda item to consider the four (4) appointments of Mr.
Simmie L. Robinson, Mr. Roberto Diaz, Ms. Martha Barnett, and Mr. Ophir Lyra to the
Community Development Advisory Committee (CDAC). She stated that they all desired
reappointment and will serve a term commencing immediately and will expire on December 31,
2017.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving the four (4) reappointments of Mr. Simmie L. Robinson, Mr.
Roberto Diaz, Ms. Martha Barnett, and Mr. Ophir Lyra to the Community Development
Advisory Committee (CDAC). The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
City Council Regular Meeting Minutes
November 16, 2015
Page 26 of 27
Other: Mayor Pro Tern Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
13. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071, 551.072
and 551.087 of the Texas Government Code to deliberate the purchase of real property for
municipal purposes, to deliberate the offer of a financial or other incentive to a business
prospect, and to seek the advice of the City attorney on legal matters related thereto.
At 7:57 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Sections 551.071, 551.072 and 551.087 of the Texas Government Code to deliberate the
purchase of real property for municipal purposes, to deliberate the offer of a financial or other
incentive to a business prospect, and to seek the advice of the City attorney on legal matters
related thereto.
At 8:35 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.
14. MANAGER'S REPORT
a. The Annual Baytown Christmas Parade will begin at 6:30 P.M., Thursday,
December 03, 2015, on Market Street in front of Bicentennial Park.
Mr. Johnson stated that the Baytown Christmas Parade will begin at 6:30 P.M., Thursday,
December 03, 2015, and that Council will be picked up between 5:30 P.M. and 5:45 P.M.,
on Market Street in front of Bicentennial Park.
b. The 49th Annual Art Show and Reception will be held at the Baytown Community
Center on Friday, December 04, 2015, at 6:00 P.M.
Mr. Johnson stated that the 49th Annual Art Show and Reception will be held at the Baytown
Community Center on Friday, December 04, 2015, at 6:00 P.M.
Council Member Presley stated that Christmas on the Avenue will be held on Saturday,
December 05, 2015, to include first time food trucks and the return of the car show.
Assistant City Manager Troller stated that 2015 is the fourth year that the City of Baytown has
collaborated with Congressman Ted Poe and the Baytown Chamber of Commerce to send cards
to troops for the holidays. He stated that every year the amount of cards has grown with this year
being over 5,700.
City Council Regular Meeting Minutes
November 16, 2015
Page 27 of 27
C. City of Baytown Offices will be closed on Thursday, November 26th and Friday,
November 27th, 2015, in observance of the Thanksgiving Holiday.
City Manager Davis presented the agenda item and stated that City of Baytown Offices will be
closed on Thursday, November 26th and Friday, November 27th, 2015, in observance of the
Thanksgiving Holiday.
d. Reminder of the last scheduled City Council meeting for 2015.
City Manager Davis presented the agenda item and stated that the last City Council meeting for
2015, is scheduled for Thursday, December 10, 2014, at 6:30 P.M. and immediately preceding
the meeting at 6:00 P.M., a reception for the newly re- elected mayor will take place in the City
Hall reception area.
15. ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member Chris
Presley adjourning the November 16, 2015, City Council Regular meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council
Member David McCartney, Council Member Terry Sain, Council Member
Chris Presley
Nays: None
Other: Mayor Pro Tem. Brandon Capetillo (Absent), Council Member Mercedes
Renteria III (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the November 16,
2015, City Council Regular Meeting at 8:42 P.M.
City of Baytown
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