2012 02 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
February 09, 2012
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
February 09, 2012, at 6:35 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Council Member
Robert Hoskins
Council Member
David McCartney
Council Member
Mercedes Renteria
Council Member
Terry Sain
Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Mike Holden
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the February 09, 2012, City Council Regular Meeting with a
quorum present at 6:35 P.M., all members were present with the exception of Council
Member Sheley who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Mayor DonCarlos.
1. MINUTES
a. Consider Approving the Minutes of the City Council Work Session and
Regular Meeting for January 26, 2012 - City Clerk.
A motion was made by Council Member Terry Sain and seconded by Council Member
David McCartney approving the January 26, 2012, 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, Council
Member Terry Sain
Nays: None
City Council Regular Meeting Minutes
February 09, 2012
Page 2 of 22
Other: Council Member Scott Sheley (Absent)
Approved
2. PUBLIC HEARINGS
a. Second Public Hearing: Regarding the Proposed Annexation of 608 Acres of
Land in the ETJ - Planning and Development Services.
At 6:36 P.M., Mayor DonCarlos conducted the second public hearing regarding the
proposed annexation of approximately 608 acres of land in the City's extraterritorial
jurisdiction, generally located between Interstate 10 to the north, East Cedar Bayou -
Lynchburg Road to the south, Garth Road on the west, North Main Street to the east, as
well as the unincorporated property located approximately 500 feet east of North Main
Street between Interstate 10 and West Cedar Bayou - Lynchburg Road in Harris County,
Texas.
City Manager Leiper stated parts of the surrounding area have been incrementally
annexed over the year as utilities have been extended and the official survey was
completed showing the acres to be closer to 613. He also stated that the upcoming
completion of the water and sewer project along North Main Street will provide the base
infrastructure for extending utilities to all of this area and that this parcel is contiguous to
the city limits of Baytown and is occupied with 83 residential parcels.
City Manager Leiper stated that staff created a service plan for the property and
the notice of the second public hearing was published in the January 24, 2012, issue of
the Baytown Sun and posted on the City of Baytown's notice board on the same day. The
City held the first public hearing regarding this annexation on January 26th, where a
number of residents spoke on this item. City Manager Leiper stated that after the second
public hearing in regards to this item, the next step in the process will be the first reading
of the annexation ordinance scheduled for March 01, 2012 which will be a Special
Council meeting immediately prior to the MDD meeting.
Edward and Orelia Lemelle, J. M. Wilkinson, Wayne Harman, Wilson Black, Caymon
Hamel, Sandy Sobotik, Belinda Tigert, Kansas Smith, Michael Hollaway, Kelly
Hollaway, and David Tigert all registered to speak before a public hearing in regards to
agenda item 2.a.
Mr. Edward Lemelle stated he lives at 914 South Road and he is totally against the
annexation.
Mr. Wayne Harman stated that he lives at 501 North Road and he moved out of the city
so that he could have livestock. Mr. Harman stated that he currently does not have to pay
taxes and he is on a fixed income.
Mayor DonCarlos clarified with City Manager Leiper and stated that any residents that
have livestock will be grandfathered in and retain their livestock, they will not be
City Council Regular Meeting Minutes
February 09, 2012
Page 3 of 22
required to connect to the City's water and sewer if they have septic and water, and any
exemptions would remain. City Manager Leiper stated that the City's exemption for those
over 65 is $65,000, the disable exemption is another $50,000, and the homestead
exemption is 20% with a minimum of $5,000.
Mr. Wilson Black stated that he lives at 602 West Archer Road and he has better water
than the City of Baytown, and he does not want to pay higher taxes for the water park.
Caymon Hamel stated that he lives at 5522 West Road and asked who would be the
Council representative of the area, if the water tap and the sewer tap fee would be
additional to the impact fee, and what the City's motivation for annexing this area is.
Mayor DonCarlos stated that Council Member Sain would likely be the representative for
the area. City Manager Leiper stated that impact fee is a capital buy in fee that pays for
the capacity it takes to serve the facilities, the tap fees are the cost for the City to make
the tap, and that the residents have the option to have their own licensed plumber to make
the taps. In response to Mr. Hamel's question in regards to the City's motivation for the
annexation, Mayor DonCarlos stated that it is difficult for our emergency response teams
to know what's in the city and what is not as it relates to responsibility of the response;
and that much of the land in that area is projected to be developed, so it helps to know
what roads need to be put in for future transportation and infrastructure purposes. In
regards to the taxes, Mr. Hamel stated that he didn't believe that the insurance decreasing
would offset the taxes and due to the current economic times, increasing taxes is not the
best way to go.
Sandy Sobotik stated that she is really not for the annexation, but her biggest concern is
her well water and asked if she could continue to use her well and the City put a meter on
her well in the future without making her use City water. City Manager Leiper stated that
staff would look into her request.
Ann Stubbs stated that she lives at 707 North Road and that she has a petition of those
who do not want to be annexed and inquired as to what the residents needed to do
to not be annexed. Ms. Stubbs stated that no one wants to be annexed and inquired if
the residents would have to convert to an aerobic system. City Manager Leiper stated
that the residents should currently be in compliance with the Harris County standards,
which is what the City will follow as well. City Attorney Ignacio Ramirez stated that he
believes that as long as the system is performing correctly and within limits, the resident
can keep their current systems, but new construction had to be aerobic in the county.
City Manager Leiper stated that it is not the intent for those who currently have a system
to move to the City's system and that he has been contacted by some of the residents
wanting to know how soon they can connect to city's services.
Belinda Tagert stated that she lives at 405 North Road and she is against the annexation.
She stated that the utilities were not there for the current residents, but for the future
subdivisions. She stated that the developers that buy the land are wealthy and can afford
City Council Regular Meeting Minutes
February 09, 2012
Page 4 of 22
the impact fees so they want the city services, but the residents can't afford the fees and
don't want the services.
For clarification purpose, Mayor DonCarlos stated that no one will have to pay impact
fees unless they connect with the City's water and sewer and that no one is required to
transfer to the City's system.
Kansas Smith stated that she does not agree with the annexation and inquired that if you
have City sewer and well water if it could be kept that way. City Manager Leiper stated
that if once the City line is extended a resident can not connect to the sewer without
connecting to the water, but if the resident currently has the city's sewer and well water
they will be grandfathered in and their sewer rate would decrease. Ms. Smith inquired
about the road work and the high speed traffic on their neighborhood roads. Mayor
DonCarlos stated that if the annexation goes through the city would take over the
maintenance of the streets and would qualify for a traffic study to lower the speed limits
if needed. Ms. Smith stated that she is trying to talk Council out of the annexation as it
comes at a bad economic time where most people are trying to keep their jobs and houses
and know the taxes are another added worry. Council Member McCartney stated that the
city is growing and it is not practical to have an island in the middle of the city and the
city is doing everything to make this transition as feasible as possible. Council Member
McCartney also stated that the average household in this town pays about $57.00 in taxes
a month, and for that amount would consist of all of the City's public services whereas
most people pay more for cell phones and cable. Council Member McCartney stated
that the elderly that are 65 and older would be exempt because of the value of their
property. Ms. Smith stated that the residents already receive those services from the
County. Council Member McCartney stated that the services are not on the level of what
the city will provide.
Michael Hollaway stated that he moved outside the city to have a peaceful area, but
the development put a waterpark in his backyard which is disruptive at times and that is
not what we moved out there for. Mr. Hollaway stated that they what they have is enough
and that they would like to leave it the way it is.
Kelly Hollaway stated that a lot of the answers given tonight have been good and she
received those answers with the property she has within the city, but it is different when
you try to go and pull a permit and get help. Mrs. Hollaway stated that she believes that
once the City receives their money from the developers things will change for the
residents. She stated that she complained about the waterpark and received answers but
the problem has not been fixed. She also indicated that she does not see how having
City's police and ambulance services would be better, when they are understaffed and
people are being added to be serviced.
David Tagert stated that they don't want to stop the progress or development of the city,
but they don't want the city to stop their development and what little progress they have
either. He stated that he knew that the Council has made up their mind, but as stated in
the paper that it would be about three to four years before the services come online and
City Council Regular Meeting Minutes
February 09, 2012
Page 5 of 22
requested that the City keep them out until that time. Mr. Tagert stated that he disagreed
with Council Member McCartney's comment on having better police services than the
County. Council Member McCartney stated that his response in regards to the Baytown
police having better service than the county was based on the City's Chief of Police report
on response time compared to the county. Council Member McCartney also stated that
the fire department's rating is better which is why the City has a lower insurance rate.
City Manager Leiper stated that one of the reasons for this timing, was everything would
be in place and the residents would go onto the tax roll January 01, 2013 and the new tax
bill would not be due until January 31, 2014. City Manager Leiper stated that the
City's engineering department is designing the collection system in house so that it can do
done quicker to be accessible to the residents and that even if the residents didn't want to
connect to the water line the fire hydrants would be out there.
Council Member McCartney inquired of the disadvantage of waiting until the utilities
are put out there. City Manager Leiper stated that after the annexation, the residents go on
the tax roll January 1 of the next year; and that if the area is annexed and the utilities are
not put in, the area can't grow or be developed.
Ms. Stubbs stated that the residents are being charged for taxes for something that is not
being implemented until the following year and that their area is not going to grow or
help the City. City Manager Leiper stated that property taxes do not pay for water and
sewer but for city services received.
Virginia Dickenson stated that she lives at 117 W. Archer Road and have had this home
for 30 years. She stated that her biggest concern is that she bought the home as an
investment, but when she called was told that it would be zoned as residential. She stated
that she is going to contact her state representative and hire an attorney to fight for her
mixed use status and urged Council to consider allowing the residents to be annexed with
mixed use already in place. Council Member McCartney stated that her status could be
converted to mixed, but she would have to apply for a permit to do so. City Manager
Leiper stated that everything that is annexed comes in is zoned as the most restrictive,
and is then rezoned to the proper use.
J.M. Wilkinson stated that he lives at 503 W. Archer Road and inquired if the taxes were
due January 31, 2013. City Manager Leiper stated that the property will go on the tax
rolls, January 01, 2013, to the full calendar year after annexation, so the first tax year
would be 2013. City Manager Leiper stated that the 2013 taxes are due and payable by
January 31, 2014 and are past due February 01, 2014. Mr. Wilkinson stated that at the last
meeting, in regards to water and sewer, it was stated that everything would be in place for
tapping by the time the taxes were due but the paperwork says that the time frame would
be two (2) to four (4) years. Mr. Wilkinson stated that there was no guarantee that he
would be paying City taxes and have access to City water and sewer. City Manager
Leiper stated that the city taxes do no pay for city water and sewer and the impact fees
goes toward utilities. City Manager Leiper stated that the only thing that pays for water
and sewer are water and sewer fees and that there is no guarantee that residents would
City Council Regular Meeting Minutes
February 09, 2012
Page 6 of 22
have access to the city's water and sewer by January 31, 2013 but the state law requires
that the city provide utilities in 2 1/2 years from the date of annexation which includes
water and sewer. Mr. Wilkinson inquired if there was going to be a vote at the April 12th
meeting. City Manager Leiper stated that it takes two votes for the annexation with
March 1 st as its first reading and April 12th as the second reading and it becomes
effective 10 days from then. Mr. Wilkinson inquired if connected to city water and sewer,
could the well water continue to be used. City Manager Leiper stated that a resident could
continue to use their well water even if they are connected to the city's water and sewer.
Wayne Harman inquired if he already receives water and sewer would he receive
garbage. City Manager Leiper stated that he would receive garbage pickup.
Sandy Sobotik requested for Council to consider allowing payment arrangements for
those who are may struggle to pay the impact fees and if they would consider helping her
neighbor who lives at 514 North Road who's home floods. City Manager Leiper stated
that by state law impact fees have to be paid up front, so the city would have to pay for
them and the city does not loan money, but he would see what could be done.
Ian Lopez stated that he lives at 601 North Road and that he likes having bon-
fires, fireworks on the fourth of July and having his friends over, and asked for Council to
please not take that away.
Shirley Baez stated that she lives at 405 West Archer Road inquired if the grandfathering
clause would be in writing and would it apply if the house was sold or passed on to
family members. City Manager Leiper stated that grandfathering allowance could be
put in writing and as long as the use of the property does not change the grandfathering
would be fine.
Shelby Hollaway stated that she lives at 409 North Road and asked how the residents are
supposed to believe the city when they stated one thing and the paperwork says
something different. City Manager Leiper stated that the State law requires for the
utilities to be provided in 2 1/2 years but he thinks it could be done within 1 to 2 years.
At 7:36 P.M., Mayor DonCarlos closed the public hearing.
b. Public Hearing: Regarding the Zoning Chapters of the Unified Land
Development Code - Planning and Development Services.
At 7:37 P.M., Mayor DonCarlos opened a public hearing regarding the repeal of Chapter
130 "Zoning" of the Baytown Code of Ordinances and the adoption of new zoning
regulations to be included in a new Unified Land Development Code.
City Manager Leiper stated that in January 2009, the council appointed a citizen task
force to prepare a ULDC (or zoning chapters of the unified land development code). The
citizen task force met over 70 times during the ensuing two years and handed off a draft
zoning code for the consideration of the Planning and Zoning Commission in January
City Council Regular Meeting Minutes
February 09, 2012
Page 7 of 22
2011. Since January 2011, the Planning and Zoning Commission has held over 19
meetings to review the citizen task force draft. A Planning and Zoning Commission
amended draft was sent back to the citizen task force for its consideration on October 20,
2011. Two joint meetings have already been held between the City Council and the
Planning and Zoning Commission on the zoning chapters of the ULDC. A joint meeting
was also held between the citizen task force and the Planning and Zoning Commission.
Over the three recent years of this project, several developers and an industry lobbyist
addressed the task force. Most comments of citizens (non - developers) addressed a
specific problem an applicant was experiencing or a specific property rather than a policy
issue. All of the 90 meetings held were open to the public and posted on the City's notice
board.
On January 17, 2012, the Planning and Zoning Commission affirmatively voted to
recommend the zoning chapters of the Unified Land Development Code to City Council
for consideration. City Council discussed the draft at their January 26, 2012 work
session.
Don Klein, Meg Belmontes, Alan Hudgins, and Virginia Dickenson all registered to
speak before a public hearing in regards to agenda item 2.b.
Don Klein, owner of Chesmar Homes, stated that he currently has homes planned to be
built in the Hunter's Creek Subdivision but there is a 25 feet building setback for the
garage and requested to have it changed and grandfathered to a 20 feet setback for the
garage on the next two sections because of the way they have it platted now and would
make adjustments for the future plans. Mr. Klein also requested to have the 60% brick
requirement changed to 50% and to reconsider the building code for the 110 mile an hour
windstorm which adds significant dollars to the home without adding value to the home.
Meg Belmontes stated that she lives at 406 Heidrich Street, Houston, Texas, 77018, and
is speaking on behalf of the Texas Masonry Council. She stated that she was impressed
with process and document before them and that the document is excellent in regards to
attracting high quality development. Ms. Belmontes stated that the product of your efforts
is exactly right for now and strongly recommended for Council to adopt the ordinance.
Alan Hudgins stated that he lives at 3047 Ferry Road and that the application process for
zoning changes to text and map are listed in the manual and wanted to know what the
forms are and if there had been any changes to the current forms. Mayor DonCarlos
stated with clarification from Ms. Carpenter that there are no new forms because the
ordinance has not passed. City Manager Leiper stated that the forms are not in the
ordinance but are the result of the ordinance and that the City will develop any changes in
the form then.
Mr. Hudgins stated that the public hearing notice required section of the ULDC was
altered and restored. He stated that the non conformity section of the
ULDC was completely changed although it was voted in a couple of meetings ago. Mr.
Hudgins requested that some of the non conformity section of the code be strengthened to
City Council Regular Meeting Minutes
February 09, 2012
Page 8 of 22
protect citizens from non conforming nuisance uses or structures. Mr. Hudgins requested
for someone to address how citizens are protected from non conforming uses or
structures that are considered nuisances and how the ULDC could be changed. City
Manager Leiper stated that usual process would be to go through the Planning and
Zoning Commission and Council. Mayor DonCarlos inquired of the City Attorney if the
nuisances were addressed through ordinance. City Attorney, Ignacio Ramirez stated that
nuisances are handled depending on their type. City Manager Leiper stated that there is
no difference of a nuisance between a conforming or non conforming use and that there is
no timeframe that a non conforming use has to become a conforming use.
Robert York registered to speak to Council in regards to agenda item 2.b. but was not
present.
At 8:18 P.M., Mayor DonCarlos closed the public hearing and reconvened the open
meeting.
C. Ordinance: Consider Adopting the Zoning Chapters, Articles 1 through 4 of
the Unified Land Development Code - Planning and Development Services.
Council Member Capetillo stated that there was a consensus from Council during the
Work Session to suspend this item to the next meeting.
A motion was made by Council Member Brandon Capetillo and seconded by Council
Member David McCartney to suspend this item for the next 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
3. PROPOSED RESOLUTIONS
a. Consider Establishing City of Baytown's Legislative Agenda for the 2012
Federal Legislative Session - Administration.
Nick Woolery, Assistant to the City Manager, stated that the City Manager and Mayor
will travel to Washington D.C. in late February to meet with our representative to discuss
our revised Legislative priorities of the 112th Congress and listed them as follows:
City Council Regular Meeting Minutes
February 09, 2012
Page 9 of 22
Legislative Issues to Support:
Workforce Development,
Surface Transportation Reauthorization,
Arts & Culture,
Public Safety,
Water & Wastewater,
Natural Disasters,
Pesticides, and
Brownsfield Remediation,
Legislative Issues to Oppose:
CDBG Program,
Local Authority,
Hotel Occupancy Taxes,
Collective Bargaining,
Unfunded Mandates, and
Jobs Act of 2011
Requests for Federal Appropriation:
Sidewalk Connectivity Initiative,
Transportation Improvements
Extension of Hunt Road from John Martin to Garth
Spur 330, SH 146 flyover (final connector)
Grand Parkway (State Highway 99)
FM 565 Widening in Chambers County
Water & Wastewater Infrastructure Improvements, and
Historic Downtown Redevelopment
Mr. Woolery stated that the following information added to the priorities was: in regards
to surface transportation reauthorization to include language that does not require every
transportation project to go through the State Department of Transportation; and in
regards to Arts & Culture to preserve funding to enhance the ACE District.
Mayor DonCarlos stated that it is going to be important that the City Council and local
government entities cooperate with the workforce development and he is concerned that
we have a lot of jobs coming to the area and may not have our workforce ready. Mayor
DonCarlos stated that Council will be receiving information with an attempt to coordinate
with local industry and Lee College on programs to start training high school students for
a technical track preparing them to get certified for some skilled workers positions.
Mayor DonCarlos stated that the Council should take the lead in getting a coalition
together to find funding for this program as soon as possible.
Alan Hudgins registered to speak before Council in regards to item 3.a. and stated that he
wanted a list of all of the items that were going to be submitted for the legislative session
and addressed his concern in regards to the increase of current future traffic on Highway
City Council Regular Meeting Minutes
February 09, 2012
Page 10 of 22
146 and FM 565. Council Member Renteria stated that there are currently plans in place
in regards for current and future transportation needs. Mayor DonCarlos stated that
Chevron also has a plan in place for future transportation concerns as well.
A motion was made by Council Member David McCartney and seconded by Council
Member Robert C. Hoskins approving Resolution No. 2178. 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
RESOLUTION NO. 2178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S
LEGISLATIVE AGENDA FOR THE 2012 FEDERAL LEGISLATIVE
SESSION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider Rescheduling the March 22, 2012 City Council Meeting March 19,
2012 - Administration.
City Manager Leiper presented the agenda and stated that in order to accommodate
Council's attendance at the TML Spring Conference being held on March 22, 2012, staff
recommended moving the meeting to Monday, March 19, 2012.
A motion was made by Council Member Terry Sain and seconded by Council Member
David McCartney approving Resolution No. 2179. 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
City Council Regular Meeting Minutes
February 09, 2012
Page 11 of 22
RESOLUTION NO. 2179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL
MEETING TO BE HELD ON MARCH 22, 2012, AT 6:30 P.M. IN THE
COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON
MARCH 19, 2012, AT 6:30 P. M. IN THE COUNCIL CHAMBERS OF
CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
4. REPORTS
a. Present 2011 Crime Statistics - Police.
Assistant Chief Mike Holden presented the 2011 crime statistics and stated that
the statistics show a decrease from 2010 to 2011 and that the total following offenses
decreased by 8.9 %:
Robbery down 47 %,
Aggravated Assault down 5 %,
Burglary down 14%
Theft down 2%
Auto Theft down 29%
5. CONSENT
All Consent Agenda items listed are considered to be routine by the City Council and will
be enacted by one motion. There will be no separate discussion of these items unless a
Council Member requests, in which event the item will be removed from the Consent
Agenda and considered in its normal sequence on the agenda.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Brandon Capetillo approving the consent agenda items 5.a., 5.b., 5.c., 5.d., 5.e.,
51., 5.g., 5.h., 5.i., 5.j., 5.k., and 5.1. 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
City Council Regular Meeting Minutes
February 09, 2012
Page 12 of 22
Approved
a. Ordinance No. 11,857: Consider Authorizing Change Order No.1 for CDBG
Non - Housing Wastewater Emergency Power Project: Cedar Bayou Lift Station
Expansion - Engineering.
Ordinance No. 11,857 authorizes Change Order No. 1 to the CDBG Non - Housing
Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project contract with
Peltier Brothers Construction, Ltd., subject to review by the Texas General Land Office,
in the amount of $69,000.00. This change order also adds 160 calendar days to the
project schedule. The scope includes additional cost to furnish and install a 350 -kw
natural gas powered generator including all necessary modifications, equipment and
accessories for a complete working system, in lieu of the 300 -kw diesel generator.
ORDINANCE NO. 11,857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1WITH
PELTIER BROTHERS CONSTRUCTION, LTD, FOR THE CDBG
NON - HOUSING WASTEWATER EMERGENCY POWER: CEDAR
BAYOU LIFT STATION EXPANSION PROJECT SUBJECT TO
REVIEW BY THE TEXAS GENERAL LAND OFFICE;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF SIXTY -NINE THOUSAND AND NO /100 DOLLARS
($69,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Ordinance No. 11,858: Consider Authorizing Change Order No. 2 for CDBG
Non - Housing Wastewater Emergency Power Project: Lift Station Generators -
Engineering.
Ordinance No. 11,858 authorizes Change Order No. 2 to the CDBG Non - Housing
Wastewater Emergency Power: Lift Station Generators Project with Baytown Electric
Company, subject to review by the Texas General Land Office, in the amount of
$325,171. This change order also adds 240 calendar days to the project schedule. The
scope includes providing and installing pump saver, power monitors, pump saver
communication modules, industrial pressure transmitter equipment and all necessary
conduit wire and fittings for a fully operational SCADA (Systems Control and Data
Acquisition) system at 23 different lift stations and hardware and software installation at
the East District Waste Water Treatment Plant. Due to time constraints imposed by the
CDBG Program, the SCADA system was not fully included in the original design. The
Motor Saver equipment will protect critical pumps and motors and the SCADA will
allow the Waste Water Plant Operators to monitor and control these lift stations from the
Wastewater Treatment Plant location. Critical information such as pump operations and
wet well levels will be readily available to the Plant Operator. These changes will
improve efficiency, reliability, and durability of our sewer lift station assets and reduce
costs.
City Council Regular Meeting Minutes
February 09, 2012
Page 13 of 22
ORDINANCE NO. 11,858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH
BAYTOWN ELECTRIC COMPANY, FOR THE CDBG NON -
HOUSING WASTEWATER EMERGENCY POWER: LIFT STATION
GENERATORS PROJECT SUBJECT TO REVIEW BY THE TEXAS
GENERAL LAND OFFICE; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF THREE HUNDRED TWENTY -
FIVE THOUSAND ONE HUNDRED SEVENTY -ONE AND NO /100
DOLLARS ($325,171.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
C. Ordinance No. 11,859: Consider Authorizing Change Order No. 2 for CDBG
Non - Housing Wastewater Emergency Power Project: Wastewater Treatment Plant
Generators - Engineering.
Ordinance No. 11,859 authorizing Change Order No. 2 to the CDBG Non - Housing
Wastewater Treatment Plant Generators contract with C.F. McDonald Electric, Inc.,
subject to review by the Texas General Land Office, in the amount of $35,369. This
change order adds 60 additional calendar days to the project schedule. This change order
is necessary because the East District Waste Water Treatment Plant emergency generator
slab /piers location conflicts with a large power duct bank not shown in any of the utility
plans or uncovered during utility identification efforts. This conflict requires the
relocation of the generator slab structure and increasing the size of excavation and
backfill. The cost of relocating the duct bank is prohibitive, far exceeding the cost of the
slab relocation.
ORDINANCE NO. 11,859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH
C.F. MCDONALD ELECTRIC, INC., FOR THE CDBG NON -
HOUSING EMERGENCY POWER PROJECT: WASTEWATER
TREATMENT PLANT GENERATORS SUBJECT TO REVIEW BY
THE TEXAS GENERAL LAND OFFICE; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE
THOUSAND THREE HUNDRED SIXTY -NINE AND NO /100
DOLLARS ($35,369.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
City Council Regular Meeting Minutes
February 09, 2012
Page 14 of 22
d. Ordinance No. 11,860: Consider Authorizing Change Order No. 3 for CDBG
Non - Housing Wastewater Emergency Power Project: Auxiliary Pumps and Lift
Station - Engineering.
Ordinance No. 11,860 authorizes Change Order No. 3 to the CDBG Non - Housing
Wastewater Emergency Power: Auxiliary Pumps and Lift Station Project contract with
Nunn Constructors, Ltd., subject to review by the Texas General Land Office, in the
amount of $32,900.
The scope includes providing and installing additional fence for 14 different site location
as requested by TCEQ in its plan review comments.
ORDINANCE NO. 11,860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH
NUNN CONSTRUCTORS, LTD, FOR THE CDBG NON - HOUSING
WASTEWATER EMERGENCY POWER PROJECT: AUXILIARY
PUMPS AND LIFT STATION SUBJECT TO REVIEW BY THE
TEXAS GENERAL LAND OFFICE; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF THIRTY -TWO
THOUSAND NINE HUNDRED AND NO /100 DOLLARS ($32,900.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Ordinance No. 11,861: Consider Authorizing the Closeout of Julie Ann Villa
Subdivision Drainage Project - Engineering.
Ordinance No. 11,861 provides for the acceptance of the Julie Ann Villa Subdivision
Drainage Project and the release of retainage to Calco Contracting, LTD. in the amount
of $16,248.82. The total cost of the project was $324,976.35, this project came in under
budget $65,951.15. The project was constructed to help with drainage problems in the
Julie Anne Villa Subdivision. The ditches were regraded and two new outfalls were
installed, in order to help convey the drainage out of the subdivision. The contractor
completed the contract on time with satisfactory workmanship.
ORDINANCE NO. 11,861
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE JULIE ANN VILLA
SUBDIVISION DRAINAGE PROJECT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF SIXTEEN THOUSAND TWO
HUNDRED FORTY -EIGHT AND 82/100 DOLLARS ($16,248.82) TO
CALCO CONTRACTING, LTD, FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
February 09, 2012
Page 15 of 22
f. Ordinance No. 11,862: Consider Authorizing the Purchase of Nine (9)
Chevrolet Tahoes - Police.
Ordinance No. 11,862 authorizes the purchase of nine (9) 2012 Chevrolet Tahoes from
Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant
County for a total amount of $229,196.00. Two (2) of the vehicles are additions to the
fleet and seven (7) are replacement vehicles.
ORDINANCE NO. 11,862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO
HUNDRED TWENTY -NINE THOUSAND ONE HUNDRED NINETY -
SIX AND NO /100 DOLLARS ($229,196.00) TO CALDWELL
COUNTRY CHEVROLET, THROUGH A COOPERATIVE
PURCHASING AGREEMENT WITH TARRANT COUNTY FOR THE
PURCHASE OF NINE (9) 2012 CHEVROLET TAHOES FOR THE
POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
g. Ordinance No. 11,863: Consider Authorizing the Annual Concrete Work
Contract Renewal - Finance.
Ordinance No. 11,863 authorizes the second renewal of the Annual Concrete Work
Contract to Teamwork Construction Services, Inc., in the amount of $1,000,000.
Teamwork Construction Services, Inc. submitted a written request to renew the current
contract for the same pricing, terms and conditions with no CPI increase. This contract is
used for streets, sidewalks & curbs, etc., throughout the term of the contract. Street
Maintenance Sales Tax funds the majority of the concrete street work and the Public
Works budget and CDBG fund the sidewalk repairs.
ORDINANCE NO. 11,863
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE
WORK CONTRACT WITH TEAMWORK CONSTRUCTION
SERVICES, INC.; AUTHORIZING PAYMENT OF A SUM NOT TO
EXCEED ONE MILLION AND NO /100 DOLLARS ($1,000,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
February 09, 2012
Page 16 of 22
h. Ordinance No. 11,864: Consider Authorizing the Purchase Structural
Collapse Rescue Equipment - Fire.
Ordinance No. 11,864 authorizes the purchase of structural collapse rescue equipment in
the amount of $87,289.00 for the Fire Department through Buy Board Contract #363 -10.
This quote is provided by Dooley Tackaberry, Inc., though the Buy Board Contract #363-
10. This expenditure will be reimbursed from the FY2010 Urban Area Security Initiative
(UASI) grant program awarded to the City of Baytown that was authorized and accepted
on AIR -5399.
ORDINANCE NO. 11,864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -
SEVEN THOUSAND TWO HUNDRED EIGHTY -NINE AND NO /100
DOLLARS ($87,289.00) TO DOOLEY TACKABERRY, INC., FOR
THE PURCHASE OF STRUCTURAL COLLAPSE RESCUE
EQUIPMENT THROUGH THE TEXAS LOCAL GOVERNMENT
PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
i. Ordinance No. 11,865: Consider Amending Chapter 94 "Traffic and
Vehicles" to Designate a No Parking Zone within Crockett Park Subdivision -
Planning and Development Services.
Ordinance No. 11,865 amends Chapter 94 "Traffic and Vehicles" to designate a No
Parking Zone within Crockett Park Subdivision on the inner and outer curves on both
Curry Street and Cinnamon Street. The original request from the home owners
association was for several additional intersections to have no parking signs, but the
association president, David Lee, withdrew all but Curry and Cinnamon during the
discussion with the Planning and Zoning Commission.
After several site visits by Planning, Public Works the Fire Department, and the Public
Work's Traffic Division staff recommended that "No Parking" signs be placed on the
inner and outer curves on both Curry Street and Cinnamon Street. The Planning and
Zoning Commission considered this request at its regular meeting on January 17, 2012.
Mr. David Lee, President of the Crockett Park Home Owners Association, indicated that
their organization was amenable to staffs recommendation to install "No Parking" signs
at Curry and Cinnamon Streets which the Planning and Zoning Commission supported.
ORDINANCE NO. 11,865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND
VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS,"
City Council Regular Meeting Minutes
February 09, 2012
Page 17 of 22
SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE III
"DESIGNATION — NO PARKINGZONES" TO DESIGNATE A "NO
PARKING ZONE" ALONG THE INNER AND OUTER CURVES ON
BOTH CURRY STREET AND CINNAMON STREET WITHIN THE
CROCKETT PARK SUBDIVISION; REPEALING ORDINANCES
INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00)
FOR EACH VIOLATION; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
j. Resolution No. 2180: Consider Authorizing the Chambers County 2012
Annual FAA Aerial Mosquito Control Authorization - Health and EMS.
Resolution No. 2180 authorizes the Chambers County Mosquito Control Department to
use aerial application methods for the purpose of mosquito control within the Chambers
County portion of Baytown. This is an annual requirement of the Federal Aviation
Administration (FAA) to obtain approval from various area communities concerning the
Chambers County Mosquito Control District's aerial spraying program. Since a portion
of the City of Baytown is in Chambers County, the Chambers County Mosquito Control
District must obtain this permission from the City of Baytown to apply pesticides for the
purpose of mosquito control. Harris County does not conduct aerial spraying over urban
areas such as Baytown due to more stringent aircraft requirements.
RESOLUTION NO. 2180
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.
k. Resolution No. 2181: Consider Authorizing Advanced Funding for Projects
Budgeted to be Funded by 2012 Certificates of Obligation - Finance.
Resolution No. 2181 authorizes advanced funding as needed for construction costs
associated with the following projects to be funded by future Certificates of Obligation. It
is anticipated the City will issue these Certificates of Obligation in 2012 or later as
needed.
Miscellaneous Rehab and Sewer Emergencies Sewer $1,000,000
Slapout Gully Lift Station $300,000
Hugh Wood Lift Station $300,000
Collection System Rehabilitation
Oakwood / Lee Heights Subdivision
Pelly / Gulf Hill Subdivision
Water System Rehabilitation
TOTAL
City Council Regular Meeting Minutes
February 09, 2012
Page 18 of 22
$4,000,000
$700,000
$450,000
$1,000,000
$7,750,000
IRS regulations dictate the Council declares its official intent to reimburse prior
expenditures with proceeds of subsequent borrowings. The advanced funding will only be
invoked if the City entered into a contract on this project prior to the issuance of the
bonds. The advanced funding would not preclude the necessity of Council approval for
contracts that require such approval. In order to reduce interest costs, the sale of the
Certificates of Obligation will be delayed until needed. In order for the preliminary work,
design, engineering and construction projects to move forward, this advanced funding
resolution is necessary.
RESOLUTION NO. 2181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE
EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
1. Resolution No. 2182: Consider Authorizing the City to Submit a Grant
Application to the U.S. Department of Homeland Security for the FY2011 Staffing
for Adequate Fire and Emergency Response Grant ( "SAFER ") to Hire Additional
Firefighters - Fire.
Resolution No. 2182 authorizes the City to submit a grant application to the U.S.
Department of Homeland Security for the FY2011 Staffing for Adequate Fire and
Emergency Response Grant ( "SAFER ") Program to hire 15 additional firefighters. The
SAFER grant was created to provide funding directly to fire departments in order to help
them increase the number of trained, "front- line" firefighters available in their
communities. If awarded, the two -year grant will be used to help with the staffing of Fire
Station #7.
The budget below is based on a two -year grant for 15 firefighters:
Year Annual Salary Total Salary
1 $39,119 $586,785
2 $43,980 $659,700
Total $1,246,485
Estimated Benefits (35 %) $436,269.75
Total Cost $1,682,754.75
City Council Regular Meeting Minutes
February 09, 2012
Page 19 of 22
There is no match required for this grant. This application meets the City's vision of a
community that places a high premium on the safety of its citizens.
RESOLUTION NO. 2182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY FOR THE FY2011 STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT IN THE
AMOUNT OF ONE MILLION SIX HUNDRED EIGHTY -TWO
THOUSAND SEVEN HUNDRED FIFTY -FOUR AND 751100
DOLLARS ($1,682,754.75) IN ORDER TO HIRE ADDITIONAL
FIREFIGHTERS; DESIGNATING AN AUTHORIZED
REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO
ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT
THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
6. APPOINTMENTS
a. Appointments: Community Development Advisory Committee
Appointments - Planning and Development Services.
City Manager Leiper presented the agenda item to the reappointments of Mr. Simmie
Robinson for District 1 and Ms. Donna Terpening for District 2. City Manager Leiper
stated that Council Member Sheley confirmed his approval for the reappointment
of Ms. Terpening.
A motion was made by Council Member David McCartney and seconded by Council
Member Mercedes Renteria III approving the reappointments of Mr. Simmie Robinson
and Ms. Donna Terpening to the CDAC. 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
City Council Regular Meeting Minutes
February 09, 2012
Page 20 of 22
b. Appointments: Baytown Ethics Commission - City Clerk.
City Manager Leiper presented the agenda item to consider the reappointments of Rev.
Nick Novak, Trinity Episcopal Church and Rev. Raymond Van Buskirk, Redeemer
Lutheran to the Baytown Ethics Commission.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Robert C. Hoskins approving the reappointments of Rev. Nick Novak and Rev.
Raymond Van Buskirk to the Ethics Commission. 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
C. Appointments: Baytown Library Board - City Clerk.
City Manager Leiper presented the agenda item to discuss the reappointments of Mr.
David Frazier and Mr. Gene Poirot; and two (2) applications for Ms. Donna Mohlman
and Ms. Kimberlee Whittington for openings to the Baytown Library Board.
A motion was made by Council Member David McCartney and seconded by Council
Member Brandon Capetillo approving the reappointments of Mr. David Frazier and Mr.
Gene Poirot; and the appointments of Ms. Donna Mohlman and Kimberlee Whittington
to the Baytown Library Board. 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
City Council Regular Meeting Minutes
February 09, 2012
Page 21 of 22
d. Appointment: Baytown Tax Increment Reinvestment Zone Number One and
the Baytown Redevelopment Authority- City Clerk.
City Manager Leiper presented the agenda item to consider the appointment of Mr. David
Brinkley to the Baytown Tax Increment Reinvestment Zone Number One and the
Baytown Redevelopment Authority to complete the unexpired term of Ms. Judy Dubose.
A motion was made by Council Member Terry Sain, and seconded by Council Member
Mercedes Renteria III approving the appointment of Mr. David Brinkley to the Baytown
TIRZ Number One and the Baytown Redevelopment Authority. 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, Council
Member Terry Sain
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
7. MANAGER'S REPORT
a. Eddie Huron Park Ribbon Cutting Ceremony - Parks and Recreation.
City Manager Leiper presented the agenda item and stated that the Eddie Huron Park
Grand Opening and Ribbon Cutting will take place Thursday, February 16, 2012 at 5:00
P.M. He continued to state that that because parking at the park is limited, staff plans to
temporarily close the right hand north bound lane on Bush Road allowing for ample
parking for the event.
b. The Marcus Lee Zaruba Criminal Justice Foundation's Jail Break Run -
Police.
City Manager Leiper presented the agenda item and stated that the Marcus Lee Zaruba
Criminal Justice Foundation's Jail Break Run is scheduled for Saturday, February 11,
2012, beginning at 6:00 a.m. in front of the Baytown Police Department.
City Manager Leiper also stated that at 4:10 P.M., he signed $34 million dollars worth of
bonds causing a savings of $1.75 million at $168,000 year which is 10.25 %, and that for
new money there is a 2.9% interest rate.
City Council Regular Meeting Minutes
February 09, 2012
Page 22 of 22
ADJOURN
A motion was made by Council Member Robert C. Hoskins, and seconded by Council
Member Brandon Capetillo adjourning the February 09, 2012, 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 Ill, Council
Member Terry Sam
Nays: None
Other: Council Member Scott Sheley (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the
February 09, 2012, City Council Regular Meeting at 8:49 P.M.