2013 04 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
April 11, 2013
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April
11, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brandon Capetillo
Robert Hoskins
David McCartney
Mercedes Renteria
Terry Sain
Scott Sheley
Stephen H. DonCarlos
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the April 11, 2013, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo and
Mr. Brandon Reinertsen, President of the YAC Commission.
1. MINUTES
a. Consider approving the minutes of the City Council Regular Meeting held on
March 28, 2013.
A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member David
McCartney approving the March 28, 2013, 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 Tem Terry Sain, and Council
Member Scott Sheley
City Council Regular Meeting Minutes
April 11, 2013
Page 2of11
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
City Manager Leiper recommended that agenda items 2.a through 2.c. be presented together and
that all be considered for action together.
a. Consider a proposed resolution accepting a donation from Exxon Mobil
Corporation in support of the Mayor's Summer Youth Work Program.
b. Consider a resolution accepting a donation from Exxon Mobil Corporation in
support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling
Municipal Library.
C. Consider a resolution accepting an Exxon Mobil donation for the Eddie V. Gray
Wetlands Education and Recreation Center's Wetlands Ecology Program and the Baytown
Nature Center's Environmental Education Program.
3.c. Consider an ordinance authorizing the 2013 Mayor and ExxonMobil Summer
Youth Work Program.
Public Affairs Coordinator, Patti Jett presented the agenda items.
Resolution No. 2237 accepts a $50,000 donation from Exxon Mobil Corporation in support of
the Mayor's Summer Youth Work Program.
Resolution No. 2238 accepts a $15,500 donation from Exxon Mobil Corporation in support of
the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal
Library.
Resolution No. 2239 accepts a $60,000 contribution from Exxon Mobil supporting the Baytown
Nature Center's Environmental Education Programs and the Eddie V. Gray Wetlands Education
and Recreation Center's Wetlands Ecology Program. Each program will receive $30,000.
City Manager Leiper stated that agenda item 3.c. authorizes the program and the expenditures of
the donations for the program.
A motion was made by Council Member Scott Sheley and seconded by Council Member
Brandon Capetillo approving Resolutions No. 2237, 2238, 2239, and Ordinance No. 12,229. The
vote was as follows:
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April 11, 2013
Page 3 of 11
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, and Council
Member Scott Sheley
Nays: None
Approved
RESOLUTION NO. 2237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTY
THOUSAND AND NO /100 DOLLARS ($50,000.00) FROM EXXON MOBIL
CORPORATION FOR THE MAYOR SUMMER YOUTH PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 2238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTEEN
THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($15,500.00) FROM
EXXON MOBIL CORPORATION IN SUPPORT OF THE CHILDREN,
LITERACY, READING AND CULTURAL ENRICHMENT PROGRAMS OF
STERLING MUNICIPAL LIBRARY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
RESOLUTION NO. 2239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL
CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO /100
DOLLARS ($60,000.00) SUPPORTING THE BAYTOWN NATURE
CENTER'S ENVIRONMENTAL EDUCATION PROGRAMS AND THE
EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION
CENTER'S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 12,229
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR AND EXXONMOBIL SUMMER
YOUTH WORK PROGRAM; AUTHORIZING PAYMENT IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO /100
DOLLARS ($100,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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April It, 2013
Page 4 of 11
d. The City of Baytown Parks and Recreation Department received the 2013 Lone Star
Recreation Programming Achievement Award, Class III for the "Nurture Nature Series"
program.
City Manager Leiper presented the agenda item.
Parks and Recreation Director, Scott Johnson stated that the City of Baytown Parks and
Recreation Department received the 2013 Lone Star Recreation Programming Achievement
Award, Class III for the "Nurture Nature Series" program.
Mayor DonCarlos presented the award to Tracey Prothro.
Agenda item 2.e. was presented after agenda item 2.h.
f. Present a proclamation designating April 14 -20, 2013, as National Public Safety
Telecommunications Week.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
to Communications Coordinator Ray Pheris, a proclamation designating April 14 -20, 2013, as
National Public Safety Telecommunications Week.
g. Present a proclamation designating April 14 -20, 2013, as National Library Week.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
to Library Director, Katherine Brown a proclamation designating April 14 -20, 2013, as National
Library Week.
h. Present a proclamation designating April as National Safe Digging Month.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
to Randall Sanders, Aaron Brunson, and Charles Sybert from Centerpoint Energy Gas
Operations a proclamation designating April as National Safe Digging Month.
e. Present the 3rd and 4th of July Celebration schedule and entertainment for 2013.
Mr. Scott Johnson presented a video presentation of the entertainment lineup for this year's 3rd
and 4th of July Celebration. The lineup is as follows: July 3rd, "Molly and the Ringwalds"
and "Eddie Money "; July 4th, "Breelan Angel ", "Johnny Lee" and "The Randy Rogers Band ".
3. PROPOSED ORDINANCES
a. Consider an ordinance of the first reading of the annexation of approximately 10.01
acres located along the south I -10 feeder road approximately 2,000 feet west of State
Highway 146.
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April 11, 2013
Page 5 of 11
City Manager Lciper presented the agenda item and stated that Ordinance No. 12,230 is the first
reading for the annexation of property located along the south I -10 feeder road approximately
2,000 feet west of State Highway 146, legally known as a portion of land out of the William
Bloodgood League Survey, A-4, Chambers County, Texas.
City Manager Leiper stated that on February 14, 2013, the City Council approved a resolution
granting the petition from Ryan and Chad Fitzgerald for voluntary annexation of approximately
10.01 acres. He stated that the land is currently vacant and the petitioners plan to develop a
recreational vehicle park and several commercial out - parcels on the property and this annexation
is required in order to extend the necessary utilities to the site. He stated that City Council
directed staff to complete a Service Plan, which was completed on February 21, 2013. He stated
that notice of the first and second public hearings was published in the February 24, 2013, issue
of the Baytown Sun and posted on the City of Baytown's notice boards and website on February
21, 2013. He stated that the first and second public hearings were held at the March 14, 2013,
City Council meeting and that the second reading of the ordinance and completion of annexation
proceedings is scheduled for May 23, 2013.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Robert C. Hoskins approving Ordinance No. 12,230. 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, and Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,230
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
10.01 ACRES LOCATED ALONG THE SOUTH I -10 FEEDER ROAD
APPROXIMATELY 2,000 FEET WEST OF STATE HIGHWAY 146, WHICH
SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
b. Consider an ordinance awarding a construction contract to Angel Brothers
Enterprises, LTD for the Ferry Road Sanitary Sewer Improvement Project.
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,231 awards a
construction contract to Angel Brothers Enterprises, LTD, for the construction of the Ferry Road
Sanitary Sewer Improvement Project, in the amount of $634,003.00, which includes the base bid
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April 11, 2013
Page 6 of 11
and alternates 1, 3, 5, 6, 7, 8, and 9 together with a $45,000 owner's contingency. He stated that
the project scope consists of providing the necessary labor, materials, equipment and supervision
to install approximately 1,950 linear feet of 8 -inch gravity sanitary sewer, 1,050 linear feet of 12-
inch gravity sewer, abandon approximately 3,700 linear feet of existing 36 -inch, and
approximately 700 linear fee of existing eight -inch (8 ") gravity sanitary sewers and manholes,
which includes plugging and filling with flowable fill, install a new lift station and force main to
serve the church located along Ferry Road, and relocate existing sanitary sewer service leads to
the new gravity sanitary sewer lines. He stated that the scope also includes modifications to the
Cedar Bayou Lift Station, Raccoon Lift Station, and East District Wastewater Treatment Plant
SCADA controls. He stated that four (4) bids were received and publicly opened on April 04,
2013.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III Ordinance No. 12,231. 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 Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
ANGEL BROTHERS ENTERPRISES, LTD, FOR THE FERRY ROAD
SANITARY SEWER IMPROVEMENT PROJECT; AUTHORIZING
PAYMENT OF A SUM OF SIX HUNDRED THIRTY -FOUR THOUSAND
THREE AND NO 1100 DOLLARS ($634,003.00), INCLUSIVE OF A FORTY -
FIVE THOUSAND AND NO /100 DOLLARS ($45,000.00) OWNER'S
CONTINGENCY; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVEDATE THEREOF.
4. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the City to submit a continuation grant
application for the Police Department in response to the General Victim Assistance - Direct
Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas
Governor's Office through the Houston - Galveston Area Council (H -GAC) to fund one full -
time Victim Services Program Coordinator and one full -time Case Worker.
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April 11, 2013
Page 7 of 11
City Manager Leiper presented the agenda item and stated that the specific program will be
decided by the State and will fall under the Federal General Victim Assistance Grant which
provides funding for services to victims of crime. He stated that CJD funds have been in use by
the City of Baytown for the past 13 years to fund one full -time Victim Services Program
Coordinator /Case Manager who's responsible for the administration of the program, supervising
current and future expansions of victim service programs, and providing direct services to
victims. He stated that the Expansion Case Worker position was approved to be added in
FY2012 budget and allows an increase in the number of services provided and number of victims
receiving those services. He stated that the Program Coordinator position is overseen by the
Police Department and the Case Worker is supervised by the Victim Services Program
Coordinator /Case Manager. City Manager Leiper stated that the City commits to a 20% local
match of $31,389 which is available in the Police Department's General Fund Budget and the
grant is in the amount of $125,554.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member David McCartney approving Resolution No. 2240. 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, and Council
Member Scott Sheley
Nays: None
Approved
RESOLUTION NO. 2240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A CONTINUATION GRANT APPLICATION FOR
THE POLICE DEPARTMENT IN RESPONSE TO THE GENERAL VICTIM
ASSISTANCE — DIRECT SERVICES PROGRAMS SOLICITATION FROM
THE CRIMINAL JUSTICE DIVISION (CJD) OF THE TEXAS GOVERNOR'S
OFFICE THROUGH THE HOUSTON - GALVESTON AREA COUNCIL (H-
GAC) FOR FY 2014 PERIOD; AUTHORIZING A CASH MATCH IN AN
AMOUNT NOT TO EXCEED THIRTY -ONE THOUSAND THREE
HUNDRED EIGHTY -NINE AND N01100 DOLLARS ($31,389.00);
DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING
PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. CONSENT
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April 11, 2013
Page 8 of 11
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving consent agenda items 5.a. through 51. 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, and Council
Member Scott Sheley
Nays: None
Approved
a. Consider an ordinance authorizing a license agreement with Quick Deal
Enterprises, Inc., for the irrigation of the Gateway Monument Project.
ORDINANCE NO. 12,232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO
ATTEST TO A LICENSE AGREEMENT WITH QUICK
DEAL ENTERPRISES, INC., FOR THE IRRIGATION OF THE GATEWAY
MONUMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance authorizing a letter agreement with John M. Fitzgerald
Family Trust regarding the conveyance of an easement to the City in exchange for the
maintenance of a four -inch force main to be located in public rights -of -way.
ORDINANCE NO. 12,233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER
AGREEMENT WITH JOHN M. FITZGERALD FAMILY TRUST
REGARDING THE CONVEYANCE OF AN EASEMENT TO THE CITY IN
EXCHANGE FOR THE MAINTENANCE OF A FOUR -INCH FORCE MAIN
TO BE LOCATED IN PUBLIC RIGHTS -OF -WAY; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a letter agreement concerning the transfer of
0.2181 acres off Bayway Drive to the Eola Cox Estate.
ORDINANCE NO. 12,234
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April 11, 2013
Page 9 of l 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER
AGREEMENT REGARDING THE TRANSFER OF 0.2181 ACRES OFF
BAYWAY DRIVE TO THE EOLA COX ESTATE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the municipal maintenance agreement with
the State of Texas through the Texas Department of Transportation concerning the
maintenance and operation of state highways within that portion of the City lying within
Chambers County.
ORDINANCE NO. 12,235
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MUNICIPAL MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS
THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION
CONCERNING THE MAINTENANCE AND OPERATION OF STATE
HIGHWAYS WITHIN THAT PORTION OF THE CITY LYING WITHIN
CHAMBERS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
e. Consider an ordinance authorizing a license agreement with the Friends of the
Baytown Nature Center for a community garden at the RTC park property on W. Texas
Avenue.
ORDINANCE NO. 12,236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
LICENSE AGREEMENT WITH THE FRIENDS OF THE BAYTOWN
NATURE CENTER FOR A COMMUNITY GARDEN AT THE RTC PARK
PROPERTY ON TEXAS AVENUE; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE THOUSAND
AND NO 1100 DOLLARS ($1,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
f. Consider an ordinance authorizing the purchase of one (1) 2013 Pierce Quantum
Pumper Truck for the Fire Department through the Houston - Galveston Area Council.
ORDINANCE NO. 12,237
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April 11, 2013
Page 10 of 11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIX HUNDRED TWENTY -
TWO THOUSAND FOUR HUNDRED FIFTY -SIX AND NO /100 DOLLARS
($622,456.00) TO SIDDONS- MARTIN EMERGENCY GROUP THROUGH
THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF
ONE (1) 2013 PIERCE QUANTUM PUMPER TRUCK FOR THE FIRE
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. MANAGER'S REPORT
a. The 32nd Annual Baytown Special Olympics Track Meet will be held on Saturday,
April 20, 2013, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road,
Baytown, Texas.
b. Reminder that the next City Council Work Session and Regular meeting will take
place on April 25, 2013, at 5:30 p.m. at Tucker Hall, located on the Lee College Campus,
200 Lee Drive, Baytown, Texas.
C. The Relay For Life Event will take place from Friday, April 12, 2013 to Saturday,
April 13, 2013, from 6:00 p.m. to 8:00 a.m. at the Royal Purple Raceway, located at 2525 S.
FM 565, Baytown, Texas.
City Manager Leiper presented the agenda items and stated that The 32nd Annual Baytown
Special Olympics Track Meet will be held on Saturday, April 20th, at the Goose Creek Memorial
Stadium, 6001 East Wallisville Road.
City Manager Leiper stated that City Council meetings will be held at Tucker Hall, located on
the Lee College Campus in order to accommodate the upgrades and remodeling of the city
council chamber and that the expected completion date for the project to be completed is by mid -
July, 2013. He stated that the results of the citizen's survey would be presented at the next
regular meeting.
City Manager Leiper stated that the Relay for Life Event will take place from Friday, April 12,
2013 to Saturday, April 13, 2013, at the Royal Purple Raceway. He stated that the Gateway
Monument is in the beginning stage and phase II of the Tabbs Bay clean -up was completed.
Additionally he stated that Mayor DonCarlos was the recipient of the Fred Hartman Leadership
Award from the Baytown Chamber of Commerce.
7. ADJOURN
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Brandon Capetillo adjourning the April 11, 2013, City Council Regular Meeting. The
vote was as follows:
City Council Regular Meeting Minutes
April 11, 2013
Page 11 of 11
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, and Council
Member Scott Sheley
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the April 11,
2013, City Council Regular Meeting at 7:02 P.M.