2016 02 25 CC MinutesMINUTES OF THE REGULAR MEETING 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 Meeting on Thursday,
February 25, 2016, at 6:32 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
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the February 25, 2016, City Council Regular Meeting with a
quorum present at 6:32 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney.
1. MINUTES
a. Consider the approval of the City Council Work Session and Regular meeting
minutes held on January 14, 2016.
A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes
Renteria III approving the January 14, 2016, City Council Work Session and Regular Meeting
minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Chris Presley
Nays: None
Approved
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February 25, 2016
Page 2 of 10
b. Consider approving the Baytown City Council Regular Meeting minutes held on
January 28, 2016.
A motion was made by Council Member David McCartney and seconded by Council Member
Mercedes Renteria III approving the January 28, 2016, City Council Regular Meeting minutes.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council
Member Chris Presley
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. Sherry French requested to address the Council regarding excessive new
construction and the underutilization of existing buildings.
Mr. French was not present.
b. The Chief of Police will present the Life Saving Award to Officer Clayton Breeding.
Police Chief, Keith Dougherty presented to Officer Clayton Breeding the Life Saving Award for
his actions upon arriving to a scene of an attempted suicide call on November 25, 2015, which
resulted in the person being subdued and taken for medical treatment.
C. Present a proclamation designating March 6- 13, 2016, as The Great Texas Warrant
Roundup Week in Baytown.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
to some of the staff from the municipal court a proclamation designating March 6 - 13, 2016, as
the Great Texas Warrant Roundup Week in Baytown.
d. Recognize City of Baytown Employees for their Years of Service.
Director of Human Resources, Ms. Carol Flynt presented the agenda item and recognized City of
Baytown Employees for their years of service (5,10,15,20+ years).
10 Years
Elena Tanner, Parks Crewleader
Yvonne Herrera, Municipal Court Clerk
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30 Years
Russell Krutsinger, Patrol Officer
3. PROPOSED ORDINANCES
a. Consider a proposed ordinance amending Chapter 94 "Traffic and Vehicles,"
Article V "Stopping, Standing and Parking," Division 2 "Parking," Section 94 -189
"Parking prohibited on certain front yards" of the Code of Ordinances, Baytown, Texas, to
remove the four -hour defense and to add a defense based upon the availability of on -site
parking areas and curbside parking.
Assistant City Attorney, Ms. Karen Homer presented the agenda item and stated that it was
discussed during the work session and Ordinance No. 13,134 removes the four -hour defense and
adds a defense based upon the availability of on -site parking areas and curbside parking.
A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Brandon
Capetillo approving Ordinance No. 13,134. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE V
"STOPPING, STANDING AND PARKING," DIVISION 2 "PARKING," SECTION
94 -189 "PARKING PROHIBITED ON CERTAIN FRONT YARDS,"
SUBSECTION (E) "DEFENSES" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO ADD A DEFENSE BASED UPON LOT COVERAGE
AND AVAILABILITY OF CURBSIDE PARKING AND TO REMOVE THE
FOUR -HOUR DEFENSE THAT ALLOWED MOTOR VEHICLES, BOATS AND
TRAILERS TO BE PARKED ON AN UNIMPROVED SURFACE IN FRONT
YARDS OF RESIDENTIAL LOTS; 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.
b. Consider an ordinance awarding a construction contract to BRH- Garver
Construction, L.P., for the Sjolander Waterline Bore Project.
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Director of Engineering, Mr. Jose Patrana presented the agenda item and stated that Ordinance
No. 13,135 awards a construction contract to BRH -Garver Construction, L.P., for the Sjolander
Waterline Bore Project for an amount not to exceed $216,054.40. He stated that the scope of
work consists of boring and augering approximately 350 -ft of 12 -inch waterline steel casing,
installing gate valves, and restraining fittings underneath the following locations: Hams County
Flood Control District Channel ID Q112- 03 -00; Union Pacific Railroad near the Jenkins Park
entrance; and Crosby Cedar Bayou Road at Blue Heron Parkway. Additionally, he stated that
five (5) bids were received and publicly opened in the City Council Chambers on February 09,
2016, whereas BRH -Garver Construction, L.P., was the low bidder.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 13,135. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,135
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BRH - GARVER CONSTRUCTION, L.P., FOR
THE SJOLANDER WATERLINE BORE PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH BRH - GARVER CONSTRUCTION, L.P., FOR
SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF
TWO HUNDRED SIXTEEN THOUSAND FIFTY -FOUR AND 40/100 DOLLARS
($216,054.40); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the Ninth Amendment to the Professional
Services Agreement with Kin ley -Horn and Associates, Inc., to perform design, bid and
construction phase services for the Aqua Loop Expansion at Pirates Bay.
Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated
that Ordinance No.13,136 authorizes the Ninth Amendment to the Professional Services
Agreement with Kimley -Horn and Associates, Inc., to perform design, bid and construction
phase services for the Aqua Loop Expansion at Pirates Bay in an amount not to exceed $139,250.
He stated that this project will add a new double "Aqua Loop" slide to Pirates Bay that will be
located in the north side of the park. He stated that the project is planned to bid in July and to be
awarded in August with Kimley -Horn and Counsilman- Hunsaker to design and prepare the bid
documents. Additionally, he stated that the construction is planned to start on the Tuesday
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following Labor Day, September 06, 2016, and the project should be complete and ready for
opening day in 2017.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Robert C. Hoskins approving Ordinance No. 13,136. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13, 136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE NINTH AMENDMENT TO THE STANDARD
FORM OF AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC.,
DATED JANUARY 26, 2007, AND AMENDED ON OCTOBER 23, 2007,
JANUARY 18, 2008, OCTOBER 12, 2009, MARCH 16, 2010, JUNE 6, 2012,
OCTOBER 1, 2012, DECEMBER 4, 2013, AND NOVEMBER 17, 2015, TO
PERFORM DESIGN, BID PHASE AND CONSTRUCTION PHASE SERVICES
FOR THE AQUA LOOP EXPANSION PROJECT AT PIRATES BAY;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT
NOT TO EXCEED ONE HUNDRED THIRTY -NINE THOUSAND TWO
HUNDRED FIFTY AND NO /100 DOLLARS ($139,250.00); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing Change Order No. 7 to the Joint 911 Emergency
Communications and Information Data Services Center with Turner Construction
Company.
Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,137 authorizes Change
Order No. 7 to the Joint 911 Emergency Communications and Information Data Services Center
with Turner Construction, in an amount not to exceed $83,604.00. He stated that the original
contract was awarded for $8,787,000.00, and six (6) change orders have previously been
processed resulting in a net increase of $3,421.83. Additionally, he stated that this change order
will increase the amount authorized for this contract to a total of $8,874,025.83.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving Ordinance No. 13,137. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
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Member Mercedes Renteria III, Mayor Pro Tent Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,137
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 7 WITH TURNER
CONSTRUCTION COMPANY, FOR THE JOINT 911 EMERGENCY
COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE
AMOUNT OF EIGHTY -THREE THOUSAND SIX HUNDRED FOUR AND
NO /100 DOLLARS ($83,604.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
4. PROPOSED RESOLUTIONS
a. Consider a resolution expressing concern regarding the recent regulations by the
U.S. Environmental Protection Agency (EPA) concerning the ozone standards and urging
the restoration of the 2008 ozone standards.
Council Member Sain presented the agenda item and stated that in the year 2008, the U.S.
Environmental Protection Agency (EPA) adopted the ozone standards to 75 parts per billion
(ppb) then in the year 2015, reduced it to 70 ppb. He stated that it requires a lot from an industry
to meet that requirement, as well as, impacts the economy by causing a substantial reduction in
economic growth in this area. He stated that the EPA didn't allow the year 2008 standard enough
time to realize the significant impact that the 75 ppb would have before lowering it to 70. He
further requested that Resolution No. 2399 be forwarded to the City of Baytown's elected official
representatives of state and nationals to urge the EPA to defer the 2015 standards back to the
2008 standards.
A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Robert C.
Hoskins approving Resolution No. 2399. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council
Member Chris Presley
Nays: None
Approved
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February 25, 2016
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RESOLUTION NO. 2399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, EXPRESSING CONCERN REGARDING THE RECENT
REGULATIONS BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
CONCERNING OZONE STANDARDS AND URGING THE RESTORATION OF
THE 2008 OZONE STANDARDS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
5. REPORTS
City Manager Davis requested that the agenda be taken out of order to consider agenda item
5.b. before agenda item 5.a.
a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending December 31, 2015.
Assistant Finance Director, Mr. Carl Currie presented the City of Baytown's Quarterly Financial
and Investment Reports for the Quarter Ending December 31, 2015. He stated that compared to
last year the property tax collections increased about 6% and the sales tax collections in the
general fund increased about 7.7 %. He stated that the revenues and expenditures across all city
funds were on track and that the City's investment portfolio had investment earnings of $88,686,
with the weighted average yield of maturity at 0.3358 %.
b. Receive the City of Baytown's Comprehensive Annual Financial Report and Single
Audit Report for the fiscal year ending September 30, 2015.
Ms. Stephanie Harris, a representative of Belt, Harris, and Pechacek, LLLP presented the City of
Baytown's Comprehensive Annual Financial Report and Single Audit Report for the year ending
September 30, 2015. She stated that they issued an unmodified opinion, which is the highest
level of assurance that they can provide as the independent auditor, on the City's financial
statements. She stated that the financial statements were materially correct and that all disclosure
required by generally accepted accounting principles were included. She stated that in the
past year the City spent in access of $500,000 in federal grant revenues and as a result must go
into a single audit in which they also issued an unmodified opinion with the City's compliance
with the federal grant program. Additionally, she stated that a Certificate of Excellence in
Financial Reporting is included in the Comprehensive Annual Financial Report (CAFR) which
was issued by the Government Finance Officers Associations of the United States and Canada.
6. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving consent agenda items 6.a. through 6.g. The vote was as follows with the
exception of Council Member Capetillo who voted nay on consent agenda item 6.a.:
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Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council
Member Chris Presley
Nays: None
Approved
a. Consider an ordinance authorizing the closeout, acceptance and release of retainage
to Scodeller Construction, Inc., for the Annual Crack Seal Project.
ORDINANCE NO. 13,138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE ANNUAL CRACK SEAL PROJECT; AUTHORIZING
FINAL PAYMENT OF THE SUM OF THIRTY THOUSAND TWENTY -NINE
AND 67/100 DOLLARS ($30,029.67) TO SCODELLER CONSTRUCTION, INC.,
FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance authorizing the Fourth Amendment to the Professional
Services Agreement with Kimley -Horn and Associates, Inc., for the San Jacinto Boulevard
Project.
ORDINANCE NO. 13,139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FOURTH 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 NINETY THOUSAND FIVE HUNDRED
AND NO /100 DOLLARS ($190,500.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
C. Consider an ordinance approving a professional service agreement between
Baytown Area Water Authority and Shrader Engineering Inc., for the BAWA High Service
Pump Station Improvements Project.
ORDINANCE NO. 13,140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHRADER
ENGINEERING INC. FOR THE BAWA HIGH SERVICE PUMP STATION
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February 25, 2016
Page 9 of 10
IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider a resolution authorizing the Chambers County Mosquito Control
Department to use aerial application methods for the purpose of mosquito control within
the Chambers County portion of Baytown.
RESOLUTION NO. 2400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL
DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE
PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY
OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS;
DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION
ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing the renewal of the Annual Demolition of
Residential Structures Contract to J.T.B. Services, Inc.
ORDINANCE NO. 13,141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL DEMOLITION OF RESIDENTIAL
STRUCTURES CONTRACT WITH J.T.B. SERVICES, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO
HUNDRED THOUSAND AND NO 1100 DOLLARS ($200,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
E Consider an ordinance authorizing the renewal of the Annual Roll -Off Container
Services Contract to Waste Management of Texas, Inc.
ORDINANCE NO. 13,142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF
TEXAS, INC., FOR THE ANNUAL ROLL -OFF CONTAINER SERVICES
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF TWO HUNDRED FORTY -FOUR THOUSAND FIFTEEN AND
25/100 DOLLARS ($244,015.25); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
g. Consider a resolution approving the City of Baytown's Investment Policy and
Strategy Statement in accordance with the Public Funds Investment Act.
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RESOLUTION NO. 2401
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY
AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC
FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
7.
a. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.072 of the Texas Government Code to deliberate the purchase of real property for
municipal purposes and to seek the advice of the City Attorney on legal matters related
thereto.
There was no executive session.
8.a. MANAGER'S REPORT
City Manager Davis presented recognition to Detective Aaron Crowell for his achievement and
Officer Thomas King for his customer service.
9. ADJOURN
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Chris Presley adjourning the February 25, 2016, City Council Regular meeting. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tern Terry Sain, Council
Member Chris Presley
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the February 25,
2016, City Council Regular Meeting at 7:12 P.M.
Leticia Brysch, City Clerk
City of Baytown