2016 02 25 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
February 25, 2016
The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday,
February 25, 2016, at 5:30 P.M., in the Hullum Conference Room of 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 DonCarlos
Rick Davis
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the February 25, 2016, City Council Regular Work Session with a
quorum present at 5:33 P.M., all members were present with the exception of Council Member
Renteria who arrived at 5:43 P.M.
1.
a. Discuss amendments to the Baytown Yard Parking Ordinance.
City Manager Davis stated that the yard parking ordinance was being brought forth to the
Council again for their possible action during the following evening's council meeting. He stated
that staff looked across the state regarding this issue in order to give the Council options moving
forward. He stated that there are no cities in Texas that allow on lawn parking, but there are
some that allow for a defense under certain circumstances should they not have any other
alternative to on lawn parking. City Manager Davis stated that Assistant City Attorney Karen
Horner would give Council a brief overview of their options regarding changes to the existing
yard parking ordinance.
Assistant City Attorney Karen Horner stated that the original yard parking ordinance was
adopted by the Council in 2008. She stated staff looked at various forms of enforcement of this
ordinance to help relieve the urban blight in the city, and that in the last three years staff has only
issued 16 citations across the city related to on lawn parking.
City Council Regular Work Session Minutes
February 25, 2016
Page 2 of 5
Ms. Horner stated that staff had brought forth some proposed amendments for Council's
consideration at the September 2015, meeting that included the following: to eliminate the four -
hour defense of which states that someone can park on the lawn no longer than four hours; to
allow on lawn parking parallel to the existing driveway, as long as it wasn't in front of the
home; and to eliminate the four -hour on lawn parking allowance and add a defense. Ms. Homer
stated that during the discussion in September, as it relates to on lawn parking, there were issues
with creating a uniform system as different houses in different districts have different sizes and
lot dimensions, therefore that option did not move forward. Ms. Homer further stated that the
option being recommended is to eliminate the four -hour allowed parking and add a defense for
on -site parking under certain circumstance, such as: (1) that there is no improved surface on the
lot, and (2) no ability to park along the curb adjacent to the property.
Ms. Horner explained that the citation process for the Health Department would not change and
outlined the new process as follows:
• a Health Department employee would go out and review the complaint site,
• if there is a violation to the Code, the employee would issue a citations,
• the person could then go to court and claim insufficiency to parking as there was no
impervious surface and no on street parking available adjacent to the property.
It will be at this point that the municipal court judge will decide if there is sufficient evidence to
claim this defense and rule according to the information specific to each case.
Mr. Mike Lester, Health Director, reiterated Ms. Homer's point that the enforcement of the yard
parking ordinance is and will remain complaint driven. When asked to elaborate on the process,
Mr. Lester stated that the current process is the following:
• Health Department staff receives complaint,
• Staff sends the property owner notice of compliance,
• Staff will check back on the property in one week,
• If the issue is not corrected, a citation is issued to the property owner.
Mr. Lester also stated that if the yard ordinance is changed, his staff would undertake an
education process that allows citizens some time to conform to the new rules and would send two
notices of compliance instead of just one.
City Manager Davis stated that staff continues to be pro- active in three categories: (1)
substandard housing (2) junked or abandoned vehicles and (3) grass and weeds.
The Council briefly discussed inoperable vehicles in yards, but was directed by staff that this
item was a separate ordnance and not part of the yard parking ordinance at hand.
The Council discussed what is considered a defense should a citizen be issued a yard parking
citation. Council Member Presley stated that he felt that the defense option placed too much onus
on the property owner and that the variance option discussed in prior meetings seemed to be a
City Council Regular Work Session Minutes
February 25, 2016
Page 3 of 5
more user friendly option. City Manager Davis stated that staff felt the defense was a cleaner
option for this ordinance as citations go directly to the judge versus a variance that would go to
someone appointed by staff, which could create a larger bureaucratic problem and make it more
difficult to enforce.
Council Member Hoskins stated that the statistic given by staff of 16 citations in 3 years is not a
true test of what is out there in reality and staff would have to do more drive- byes and research
to give Council a more accurate view of the situation. Council Member Hoskins also asked if
people are allowed to park behind their homes. Mr. Lester stated people can park in their back
yard now as it is permitted in the ordinance. Council Member Hoskins also asked what staff
would consider reasonable parking. Ms. Horner stated that reasonable parking would be at the
judge's discretion and that the new defense option only spoke to abutting roads when considering
on street parking options.
Mayor DonCarlos stated that Council could not create a legislation that would cover any and all
scenarios for why and how people park on their lawns however, he believed the defense options
was fair and a good compromise. He further stated that should the defense option not work well,
Council could revisit the ordinance and make appropriate changes.
The Council's general consensus was that the enforcement of the yard parking ordinance should
remain complaint driven.
b. Discuss the City of Baytown Water Conservation Rate Structure.
City Manager Davis stated that this item was brought forth at the Council's urging after the high
water bill issues that the City encountered over the summer. He stated that the utility rates are a
part of the water and sewer fund, which is separate from the City's general fund. He further
stated that about 10 years ago, the City conducted a water and sewer rate study that also
projected the expenses for maintenance and capital for our water and sewer systems. Since then,
the City has increased its rates according to the plan of 5% each year. Mr. Davis also noted that
the City is looking at some very heavy capital expenses in the next few years that the City is
looking towards this fund to cover those expenses and any change to the City's rates could have a
negative impact on the City's ability to complete said projects.
Mr. Davis notes that the water and sewer revenue fund for 2016 will be used as follows:
Operating:
$24,170,840
Debt:
$6,419,876
Capital:
$5,789,135
He further noted that only $11.15 of the rate paid is used to cover the cost of operations and that
the City depends on its rates for everything else. Mr. Davis also noted that the City's
conservation rates are high and are in effect all year long.
City Council Regular Work Session Minutes
February 25, 2016
Page 4 of 5
Mr. Davis stated that there are some things that can be done to help alleviate some of the issues
we saw over the summer. Consumer education is helping by providing information to the public
about and the effects of water conservation rates on water bills.
Council Member McCartney suggested increasing the water conservation rate for the first tier
before moving to the next tier; he believes this will solve a lot of the issues with high water bills
without impacting the revenues. Council Member Capetillo inquired about the average
consumption for the general public. Ms. Gina Rivon, Utility Billing Manager, stated that the City
has an estimated 22,000 customers with an average household consumption of 8,000 gallons of
water per billing cycle.
The Council discussed having seasonal water conservation rates, but decided it would be too
confusing and could also negatively impact our elderly customers. Council Member Hoskins
inquired about having a flat rate for some citizens, which staff felt that adjusting the rates in that
manner could potentially have an adverse impact on operations and capital projects.
City Manager Davis updated the Council on the capital projects planned for the next few years,
in order to comply with an agreement in place with TCEQ that must be completed. He also noted
that certificates of obligation and debt payments will be better in 2019, but that right now, the
City is looking at 36 million in revenues with 41 -43 million in capital projects.
The Council inquired how is it that the City's rates are higher than others. City Manager Davis
informed the Council that the situation that the City is in now, is based on: (1) management
decisions made years ago that decided against making needed improvements to the City's
infrastructure, in order to not spend money; (2) we are an older community with aging
infrastructure; and (3) the City's water and sewer needs have only started to get addressed in the
last 10 years. He also noted that there are other cities who are subsidizing utility rates with their
general fund, which was not something that he recommended doing at this time.
Mr. Davis stated that the City has aggressive rates, but also has very aggressive maintenance on
our water systems, which is one of the best systems in the state and in the country. He reminded
the Council that the capital projects are required per the City's agreement with TCEQ and he
urged the Council not to kick the can to the next Council and to tackle the needs of our water and
sewer system now.
Mr. Davis also reminded the Council that a system has been put into place at the staff level to
protect our most vulnerable customers, when dealing with high water bills. The Council
discussed other items that can be done to assist with the water conservation structure, such as
changing the tiers, renaming the rate to schedule, doing more outreach, education and etc.
Council Member Hoskins stated that if the capital expenditures of $5.7 million were a
requirement, then staff needed to carefully review the operational expenditures and see what can
be done to reduce the $24 million in operational expenditures. He identified the use of alternative
water sources at a lower cost, the use of staff, best bid practices for purchases of
equipment/chemicals and to check the meters to see where we were possibly losing water.
City Council Regular Work Session Minutes
February 25, 2016
Page 5 of 5
The Council and staff briefly discussed how the water was metered for residential, commercial
and the City from BAWA, but due to the time constraints had to end the discussion. Council
Member Hoskins requested that staff provide the Council with a diagram of how and where the
water was metered throughout the City.
C. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda
for February 25, 2016, which is attached below.
This item was not discussed.
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With there being no further business to discuss, Mayor DonCarlos adjourned the February 25,
2016, City Council Regular Work Session at 6:29 P.M.
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Leticia Brysch, City C
City of Baytown