2018 10 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
October 25, 2018
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
October 25, 2018, at 6:51 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market
Street, Baytown, Texas with the following in attendance:
Laura Alvarado
Council Member
Robert Hoskins
Council Member
Charles Johnson
Council Member
David Himsel
Council Member
Chris Presley
Council Member
Heather Betancourth
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 October 25, 2018, City Council Regular Meeting with a quoram
present at 6:51 P.M., all members were present with the exception of Council Members Himsel
and Hoskins who were both absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley.
1. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Mr. Mark David Sherron requested to appear before the Council to present a
painting titled "Hell Fighters" by Albert L. Tauch.
At the request of his parents David Dave and Doris Sherron, Mr. Sherron presented to the City of
Baytown a painting titled "Hell Fighters" by Albert L. Tauch.
b. Mr. Herbert R. Lorfmg requested to appear before the Council regarding the old
Walgreen's building on Alexander Drive.
Mr. Lotting stated his concerns with regards to the old Walgreen's building on Alexander Drive
which included high grass, graffiti, broken windows, drug trafficking, and it being a haven for
the homeless. He stated that Walgreen's Corporate Office informed him that they no longer
owned the building, so in doing more research to the best of his knowledge the building is owned
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October 25, 2018
Page 2 of 36
by Diamond Rock Investments. He further requested if the City could hold the building owner
responsible for the maintenance and security of the building.
Planning and Community Development Director, Tiffany Foster stated that the building was
purchased and a permit was approved as of April 2018, in which the applicant requested for their
permit to be extended because of financing issues. She stated that staff reached out to the owner
with regards to development and maintenance of the building and was informed that
development on the building would start soon. Additionally, she noted that the owner did address
the graffiti complaints, but since then there's been more graffiti and staff has made the owner
aware of such to further address.
Council Member Betancourth inquired of the type of development being proposed for use of the
building. In response to Council Member Betancourth's inquiry, Mrs. Foster stated that the
development would be a meat market that includes a deli and juice bar.
Council Member Presley noted that there was a Vacant Building Ordinance established in past
and recommended that it be revisited for enforcement.
Council Member Alvarado noted that commercial establishments should have stiffer penalties
for violations with this regard. Council Member Presley made mention of possible incentives for
businesses that are being good neighbors.
Mayor DonCarlos requested that there be an agenda item regarding the vacant building
ordinance on the next council meeting agenda.
C. Present a proclamation designating October as National Community Planning
Month in Baytown.
Strategic Communications Manager, Natasha Barrett presented that agenda item and Mayor
DonCarlos presented to staff of the planning department, as well as, members of the planning
and zoning commission and board of adjustments a proclamation designating October as
National Community Planning Month in Baytown.
d. Recognize City of Baytown Employees for their Years of Service.
Director of Human Resources, Carol Flynt presented the agenda item and recognized the
following City of Baytown employees for their years of service:
10 Years
Dallas Bish, Patrol Officer
Kevin Troller, Assistant City Manager
20 Years
Glenn Striven, Police Lieutenant
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2. CHEVRON PHILLIPS CHEMICAL COMPANY PROPERTY DEDICATION
a. Consider an ordinance authorizing a Property Dedication Agreement with Chevron
Phillips Chemical Company regarding an 81.589-acre tract of land adjacent to Russell
Park.
City Attorney, Ignacio Ramirez presented the agenda item and stated that Ordinance No. 13,901,
authorizes a Property Dedication Agreement with Chevron Phillips Chemical Company for a
81.589-acre tract of land adjacent to Russell Park, in which the agreement is contingent upon the
City obtaining an environmental site assessment satisfactory to the City and pursuant to the
agreement as follows:
• the property may only be used for for trails, watering holes, hitching posts, retention ponds,
benches, hash cans, signage, and any other municipal use approved in writing by Chevron;
• Chevron may reclaim the property at any time within the next 50 years, provided Chevron:
• gives 12 months prior written notice of its request for re -conveyance; and
• pays the fair market value of all improvements the City makes to the property, as determined
by an appraisal obtained by Chevron.
• Chevron retains the tight to obtain right-of-way on the property for its pipelines; and
• the City provides an annual report of the property, including a description of the
improvements made along with the City's maintenance plans for the property.
Mr. Ramirez further stated that the City would get a title policy for the property and shall be
responsible for the expenses associated with the appraisal; environmental inspections;
preparation of deed; escrow fee, and recording fees. Additionally, he stated that the conveyance
of the property will be "AS IS, WHERE IS AND WITH ALL FAULTS."
Council Member Betancourth abstained from this agenda item and filed the necessary documents
with the City Clerk's office.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Chris Presley approving Ordinance 13,901, regarding agenda item 2.a. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Laura Alvarado, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent), Council Member Heather Betancourth (Abstain)
Approved
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October 25, 2018
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ORDINANCE NO. 13,901
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 PROPERTY
DEDICATION AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL
COMPANY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND AND NO/100
DOLLARS ($35,000.00); MAKING OTHER PRO VISIONS RELATED
THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. RECREATION CENTER FEASABILITY STUDY
a. Receive and discuss the Baytown Recreation Center Feasibility Study regarding a
proposed City of Baytown Recreation Center.
Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that there's
been work for the past 6-8 months on the feasibility study for the possible future recreation
center. He further noted that representatives from Burditt Land Place: Eric Geppelt, Director of
Architecture; Courtney Brinegar, Project Manager; and Shane Howard, Senior Vice President
would present their findings and recommendations for a proposed Recreation Center.
Ms. Brinegar presented an overview of the study and stated that some of the key attributes to the
recreation center facility included flexibility for growth, economical and safe location, durability,
and programmable spaces for various ages and interest levels. She stated that they did a site
assessment to find the appropriate location, a stakeholder engagement, a monthly analysis, a
programming process to see what spaces should be in the facility, a pre -schematic design, and a
cost recovery model.
Ms. Brinegar stated that based on the 2025 Comprehensive Plan and the Playbook 2020 Strategic
Parks and Recreation Master Plan this type of facility is a desire for the City of Baytown. She
stated that the evaluation criteria used for consideration of the proposed site was walk ability,
nearby amenities, site potential and real estate catalyst. She noted that of the three (3) sites
reviewed, the vacant lot by Kroger on the north portion of Alexander Drive. She further noted
that this recommended site is city -owned property that's already cleared with available utilities.
Ms. Brinegar presented photos of demographic comparisons in which it showed that in
comparison to the county there's a low -median income and lots of investments were made in
home ownership and childcare, which gives the impression that despite their income status local
residents care a lot about establishing families and taking care of themselves. She further noted
that there's a high percentage of youth in the area, which decreases the median income. She
stated that limitation factors such as mobility and exercise commitment were because of not
having access to a local facility to exercise. Mr. Geppelt noted that although the community
members may not have formal opportunities for exercise there's a commitment to exercise,
which is a positive note.
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Further during the presentation, Ms. Brinegar noted that there were other comparable community
recreational facilities to include Pearland, Mont Belvieu, and La Porte and she also noted that all
of these facilities had indoor gyms along with an aquatic feature.
Ms. Brinegar stated that they received much input from the public, key stakeholders and city
staff as to what type of amenities would be fit for the facility in Baytown. She stated that out of
the 69 different amenities listed many agreed heavily on some of the same type of interest. She
stated that there were four (4) main categories on the online survey: indoor programs, outdoor
programs, supplemental amenities, and location. She noted that of the main desires from the
online survey regarding indoor was an indoor pool, for outdoor was a walking trail, for
supplemental amenities was 24 hour access or extra pavilion, and for location was the Kroger
site previously mentioned.
Ms. Brinegar stated that during the site study process they created three (3) design concepts to
see if all of the 69 amenities requested could be included, but the option chosen included a two
(2) story facility at an estimate cost between $35.5 million to $50.2 million. She stated the
facility would be designed with transparency, so that it would be appealing for socializing and
working out. She noted that the first level floor would be provided for shared space for
socializing and memberships and the second level floor would be for membership access
only. Additionally, she noted that the facility would provide for diversity and have amenities
for all ages, as well as, be designed for future expansion.
Further during the presentation, Mr. Geppelt stated that they envision a full development of the
corridor in the proposed area. He stated that the costs for the project would be between $23.6-
$32.6 million to include 25% overhead costs and 5% contingency. He stated that they included
additional options for future growth and development expansions with a cost range of $3.5-$4.9
million for a natatorium; $3.9-$5.5 million for indoor courts; and $3.6-$5.7 million for site
upgrades.
Mr. Shane Howard provided the cost projections and noted that the location of the proposed site
is projected to be predominantly a public recreational facility; therefore, the costs projections are
based on such. He stated that the maximum annual operating costs would be an estimated $1.1
million to include the bulk of the cost being on personnel and services. Mr. Howard noted that
they projected for the peek revenue hours to be between 3:00-8:00 P.M. He stated that the cost
recovery should be approximately 60% of operating cost at 50% maximum activity capacity
level. He further stated that they reviewed the budgets of the other surrounding recreational
facilities already mentioned and within the last year the patron visits ranged from 100,000 to
300,000 with net revenues ranging from $400,000 to $900,000. He stated that the proposed
Baytown facility, if at 75% capacity would have approximately 119,000 patron visits with an
operating subsidy of about $195,000. Additionally, Mr. Howard noted that with this project
being a public facility there would be some operating subsidy, so the goal would have to be to
develop programs and pricing that fits the program spaces.
Council Member Presley inquired if there were other site possibilities. City Manager Davis
stated that the initial step was to get Council comfortable with the project, but noted that the
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October 25, 2018
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desired amenities would determine which site works best. Ms. Brinegar noted that this project
could be reformatted for a different location.
Additionally, City Manager Davis stated that moving forward this project would be explored
with potential partnerships from all other parties interested in seeing the development of this
facility.
b. Consider a resolution adopting the Baytown Recreation Center Feasibility Study.
A motion was made by Council Member Heather Betancounh and seconded by Mayor Pro Tem
Charles Johnson approving Resolution No. 2546, regarding agenda item 3.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
IESOLUTION NO. 2546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE BAYTOWN RECREATION CENTER
FEASIBILITY STUDY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
4. REZONING OF APPROXIMATELY 2.3 ACRES OF LAND, 7304 EAST
FREEWAY
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 2.3 acres at 7304 East Freeway, located on the south side of
Interstate Highway 10 East (IH-10) approximately 1900 feet west of the intersection of
Sjolander Road and I11-10, legally described as Lot 2, Block 1, Simpson Acres, Harris
County, Texas, from an Open Space/Recreation (OR) Zoning District to a General
Commercial (GC) Zoning District.
At 7:56 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a request to
amend the official zoning map to rezone approximately 2.3 acres at 7304 East Freeway, located
on the south side of Interstate Highway 10 East (I11-10) approximately 1900 feet west of the
intersection of Sjolander Road and IH-10, legally described as Lot 2, Block 1, Simpson Acres,
City Council Regular Meeting Minutes
October 25, 2018
Page 7 of36
Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General
Commercial (GC) Zoning District.
Senior Planner Manager, Nathan Dietrich presented a summary of the agenda item and stated
that the request is to rezone this 2.3 acre tract from OR to GC zoning. He stated that this area was
recently annexed into the City during the involuntary annexation last November. He stated that
land owners want to come into the City and do a commercial development. Additionally, he
noted that this rezoning is in line with the Future Land Use Plan (FLUP).
With there being no one registered to speak regarding agenda item 4.a., Mayor DonCarlos closed
the public hearing at 7:58 P.M.
b. Consider an ordinance amending the official zoning map to rezone approximately
2.3 acres at 7304 East Freeway, located on the south side of Interstate Highway 10 East
(I1110) approximately 1900 feet west of the intersection of Sjolander Road and I11-10,
legally described as Lot 2, Block 1, Simpson Acres, Harris County, Texas, from an Open
Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,902, regarding agenda item 4.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tom Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
ORDINANCE NO. 13,902
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 2.3 ACRES AT 7304 EAST
FREEWAY, LOCATED ON THE SOUTH SIDE OF INTERSTATE HIGHWAY
10 EAST (IH-10) APPROXIMATELY 1900 FEET WEST OF THE
INTERSECTION OF SJOLANDER ROAD AND IH-10, LEGALLY
DESCRIBED AS LOT 2, BLOCK 1, SIMPSON ACRES, HARRIS COUNTY,
TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT
TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING
A MAXIMUM PENALTY OF TWO THOUSAND AND N0/100 DOLLARS
($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
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October 25, 2018
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SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
5. REZONING OF APPROXIMATELY 0.39 OF AN ACRE OF LAND, 1001 SOUTH
MAIN STREET
a. Conduct the a public hearing concerning a request to amend the official zoning map
to rezone approximately 0.39 of an acre, at 1001 South Main Street, located on the west
side of South Main Street approximately 850 feet north of the intersection of South Main
Street and South Alexander Drive, legally described as Lots 1, 2, 3, and 4, Block 5, Lamar
Court, Harris County, Texas, from a Mined Residential at Low to Medium Densities (SF2)
Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District.
At 7:59 P.M., Mayor DonCarlos opened and conducted the a public hearing concerning a request
to amend the official zoning map to rezone approximately 0.39 of an acre, at 1001 South Main
Street, located on the west side of South Main Street approximately 850 feet north of the
intersection of South Main Street and South Alexander Drive, legally described as Lots 1, 2, 3,
and 4, Block 5, Lamar Court, Hams County, Texas, from a Mixed Residential at Low to
Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning
District.
Director of Planning and Community Development, Tiffany Foster presented a summary of the
this agenda item and stated that the purpose of this request is to rezone the existing business
located across the street from a park on South Main. She stated that there's a convenient store
and a small restaurant inside of the business, in which the actual property owner and operator of
the store is also the resident next door. She stated that they're currently zoned as Single Family,
but request to be zoned as Neighborhood Serving Commercial (NSC), in which there's plans to
expand in the future to enhance the business. She further noted that the Planning and Zoning
Commission (P&Z) are excited about this because it shows that the City is lining up with the
FLUP and this will provide a service to an area that is underserved for commercial development.
With there being no one registered to speak regarding agenda item 5.a., Mayor DonCarlos closed
the public hearing at 8:00 P.M.
b. Consider an ordinance amending the official zoning map to rezone approximately
0.39 of an acre, at 1001 South Main Street, located on the west side of South Main Street
approximately 850 feet north of the intersection of South Main Street and South Alexander
Drive, legally described as Lots 1, 2, 3, and 4, Block 5, Lamar Court, Harris County, Texas,
from a Mined Residential at Low to Medium Densities (SF2) Zoning District to a
Neighborhood Serving Commercial (NSC) Zoning District.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving Ordinance No. 13,903, regarding agenda item 5.b. The vote was as follows:
City Council Regular Meeting Minutes
October 25, 2018
Page 9 of 36
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
ORDINANCE NO. 13,903
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 0.39 OF AN ACRE, AT 1001
SOUTH MAIN STREET, LOCATED ON THE WEST SIDE OF SOUTH MAIN
STREET APPROXIMATELY 850 FEET NORTH OF THE INTERSECTION
OF SOUTH MAIN STREET AND SOUTH ALEXANDER DRIVE, HARRIS
COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM
DENSITIES (SF2) ZONING DISTRICT TO A NEIGHBORHOOD SERVING
COMMERCIAL (NSC) ZONING DISTRICT; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
6. PROPOSED ORDINANCES
a. Consider an ordinance renewing the 2018 Annual Waterline Rehabilitation
Project with SKE Construction, LLC, for an additional year.
Director of Engineering, lose Pastrana presented the agenda item and stated that every year the
City of Baytown awards a contract typically in the amount of $1,000,000 to rehab critical
waterlines throughout the City. He stated that in the year 2018, SKE Construction, LLC was
awarded the contract which included two (2) renewal options. He stated that the contractor
performed well and staff recommended approval of this first renewal in the amount of
$1,000,000.
Mayor DonCarlos noted that this was the contractor that had the issue with the church that was
discussed at the last council meeting and since has resolved such issue.
A motion was made by Council Member Chris Presley and seconded by Council Member
Heather Betancourth approving Ordinance No. 13,904, regarding agenda item 6.a. The vote was
as follows:
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October 25, 2018
Page 10 of 36
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
ORDINANCE NO. 13,904
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE 2018 ANNUAL WATERLINE REHABILITATION
PROJECT FOR YEAR 2 WITH SKE CONSTRUCTION LLC; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN
AMOUNT NOT TO EXCEED ONE MILLION AND NO1100 DOLLARS
($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance amending Chapter 4 of the Code of Ordinances, Baytown,
Texas, relating to the on -premise use of devices or any other items intended to provide
sexual stimulation or sexual gratification.
Municipal Court Prosecutor, Mike Gamer presented the agenda item and stated that the proposed
amendments would prohibit the use of such devices or objects for entertainment at such
businesses, as well as, regulate the display and accessibility. Additionally, he stated that a
violation of the ordinance allows the City to revoke the permit or authorize the city attorney to
enjoin the operation of the business.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving Ordinance No. 13,905, regarding agenda item 6.b. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
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October 25, 2018
Page Il of36
ORDINANCE NO. 13,905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 4 "ADULT COMMERCIAL
ESTABLISHMENTS," ARTICLE II "SEXUALLY ORIENTED
COMMERCIAL ENTERPRISES," DIVISION 1 "GENERALLY, SECTION 4-
26 "DEFINITIONS" AND SECTION 4-29 'PROHIBITED ENTERPRISES,"
DIVISION 2 'PERMITS," SECTION 4-58 "APPLICATION," SUBSECTION
(D)(7), SUBSECTION (E), AND SUBSECTION (F)(4)A, AND SECTION 4-62
"ISSUANCE OR DENIAL," SUBSECTION (E)(1)B.10, DIVISION 3
"OPERATING REGULATIONS," SECTION 4-87 "ADDITIONAL
REGULATIONS FOR ADULT MOTELS," SUBSECTION (C), SECTION 4-88
"REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY
EXPLICIT FILMS OR VIDEOS," AND SECTION 4-92 "ENTERPRISE
OPERATING RESTRICTIONS," SUBSECTIONS (A)(4), (5), AND (18) OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
RELATING TO THE ON -PREMISES USE OF DEVICES OR ANY OTHER
ITEMS INTENDED TO PROVIDE SEXUAL STIMULATION OR SEXUAL
GRATIFICATION; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/100 DOLLARS ($500.00); CONTAINING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Professional Service Agreement with fundey-
Horn and Associates, Inc., for the Garth Road Widening Project.
Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,906, authorizes a
Professional Service Agreement with Kimley-Hom and Associates, Inc., for surveying and
environmental services, design, and right-of-way services necessary for the Preliminary
Engineering Report for the Garth Road Widening Project in an amount not to exceed $715,083.
He noted that this project has two major intersections: (1) 1-10 to Baker Road and (2) Baker
Road to Highway 146. He further noted the northern section would receive additional lands;
whereas, the southern section would not. Mr. Pmtrana stated that the scope of the work includes
putting the drainage underground, relocating utilities as necessary, raising the medians, and
overall improvements to the intersection as necessary. Additionally, he stated that any rights -of -
way acquisitions would be included as necessary and noted that sidewalks would also be
included.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Chris Presley approving Ordinance No. 13,906, regarding agenda item 6.c. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
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October 25, 2018
Page 12 of 36
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
ORDINANCE NO. 13,906
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR PRELIMINARY
DESIGN SERVICES ASSOCIATED WITH THE GARTH ROAD WIDENING
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTEEN THOUSAND
EIGHTY-THREE AND NO/100 DOLLARS ($715,083.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance establishing the City of Baytown's 2018-19 Tourism
Partnership Grant Program allocations.
Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that each
year the tourism division accepts applications for this grant program for which the procedures
were adopted by council in the year 2012. He stated that Texas Tax Code allows for a portion of
the Hotel Occupancy Tax (HOT) fund revenues to be awarded to qualifying non-profit
organizations and that the applications for FY 2018-19 were due on or by September 14, 2018.
He noted that of the thirteen applications eleven returned from last year. He stated that all the
following thirteen applicants qualified to receive funding, which totaled to the amount of
$87,500.
2018-19 Funding Recommendations:
Organization
Event
Amount
Art League of Baytown
Culture of Tea, Jan 2019
$5,900
Art League of Baytown
International Photography Exhibit, Jul I -Aug 31, 2019
$4,600
Art League of Baytown
Regional Art Show, Feb 26-Mar 2, 2019
$1,500
Baytown Family YMCA
Gator Ride, Mar 2, 2019
$2,800
Baytown Historical
Preservation Association
Historical Preservation Project, Bert Brown House
$5,500
Baytown Little Theater
Summer Musical, Jul 26-28 and Aug2A, 2019
$10,000
Baytown Youth Fair and
Rodeo
Concert and Rodeo, May 3-4, 2019
$10,000
Highlands Sports Association
Basketball Tournaments, Apr 19-21 & Aug9-11, 2019
$11,000
Historic Baytown's Arts,
Culture, and Entertainment
Council ACE District)
Christmas on Texas Avenue and Concert, Dec 8-9, 2018
$5,200
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October 25,2018
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Lee College's Performing Arts
Center
The Nutcracker Ballet, Dec 14-16, 2019
$8,000
Project Blue
I Jail Break Run, Feb 23, 2019
$10,000
Promise Center
Eastern Rim Funny Book and Vintage Con, Apr 13-14,
2019
$10,000
Texas Nonprofit Theatres
TEXFest Annual Conference, Mar 13-17, 2019
$3,000
Total Recommended Grant Allocations
$87,500
Further during the presentation, Mr. Woolery stated that the two (2) applicants that did not return
from last year were the Bayou Bowl and the Vietnam Veterans of America, but further noted that
they plan to return in the future. He stated that the Texas Non Profit Theaters and the Lee
College Performing Arts Center would be returning with different events. He stated that there
would be three (3) new visual arts event provided by the Art League and the Promise Center, in
which this year is the Promise Center's first time applying for such grant. Mr. Woolery noted that
there was a change to the Highlands Sports Association (HSA) plans of hosting two (2)
tournaments in Baytown, whereas, the August tournament would be a special needs tournament.
Council Members Johnson and Alvarado recused themselves from this agenda item due to a
conflict of interest of being involved with their respective participating applicants. It was further
inquired as to how the vote would be impacted due to the fact that they recused themselves. For
clarity purposes, Assistant City Attorney, Karen Homer stated that it takes the majority of those
qualified to vote.
Jerry Shafer, Walter Strickland, Veronique Tran, Marsha Landers, Steve Knight, Karen Knight,
Jim Zaruba Jr., Kim Martin, Mike Dean, Berry Gonzales, and Chuck Chatham all registered to
speak regarding agenda item 6.d.
All of the registered speakers expressed appreciation to the City of Baytown for considering their
organization's respective events for funding support.
Mr. Shafer represented the Promise Center and noted that their event is free admission and
extended an invitation for all to attend.
Mr. Walter Strickland noted that the City of Baytown's advertisement would be presented on all
of their outgoing publicity notices, for the Nutcracker event that will be performed at the Lee
College Performing Arts Center. Ms. Veronique Tran, the new Vice President of Instructions,
extended an invitation to the events held at the Performing Arts Center.
Ms. Marsha Landers stated that in the year 2018, the Art League of Baytown celebrated its tenth
year on 110 West Texas Avenue made possible through the support they received from the City
of Baytown and further noted that they would host a month long event during January 2019, with
events scheduled for every weekend.
Steve and Karen Knight represented the Art League of Baytown's International Photography
event. Mr. Knight noted that the event is year round and Baytown would be the first stop to host
City Council Regular Meeting Minutes
October 25,2018
Page 14 of 36
in the year 2019. Mrs. Knight noted that the grant funds that they receive allow them to promote
the visual arts and keep the league active in the area.
Mr. Jim Zaruba stated that the jailbreak run event would be in its ninth year and noted that last
year there were runners from 14 different states, but his goal this year is to have runners from at
least 25 different states.
Mr. Kim Martin, a representative of the Texas Nonprofit Theatres, stated that Baytown has
become a very important destination for their organization and that 12 theatres from around the
state of Texas would be performing at the Lee College Performing Arts Center for their TEXFest
Annual Conference.
Mike Dean stated that the Highlands Sports Association (HSA) offers basketball, softball,
baseball, and special needs softball. He stated that they added an additional event from last year
and plan to host two (2) tournaments, in which they requested additional funding for such, if
possible.
Chuck Chatham, Vice President of the Baytown Historical Preservation Association noted that
Bert Brown served on the first Goose Creek School Board from 1919-1923 and the Bert Brown
House is used to some extent to include being the venue where the association hosts its
Christmas parties. Additionally, he stated that the house has lots of Baytown history involved
with it and the association has other historical houses on display.
Council Member Betancourth inquired as to how would the request from HSA for additional
funding affect the current vote. In response to Council Member Betancourth's inquiry, Mr.
Woolery stated that due to staff finding out about the new event on the day of this meeting, his
recommendation would be to exclude HSA to allow staff time to converse with them further and
provide the updated funding amount to Council afterwards.
A motion was made by Council Member Chris Presley and seconded by Council Member
Heather Betancourth approving Ordinance No. 13,907, regarding agenda item 6.d.
A motion was made by Council Member Chris Presley and seconded by Council Member
Heather Betancourth approving to amend Ordinance No. 13,907, regarding agenda item 6.d. and
exclude Highlands Sports Association (HSA).
A motion was made by Council Member Chris Presley and seconded by Council Member
Heather Betancourth approving the amendment to Ordinance No. 13,907, regarding agenda item
6.d., which excludes Highlands Sports Association (HSA). The vote was as follows:
Ayes: Mayor Stephen DonCados, Council Member Heather Betancourth,
Council Member Chris Presley
Nays: None
City Council Regular Meeting Minutes
October 25, 2018
Page 15 of 36
Other: Mayor Pro Tern Charles Johnson (Abstain), Council Member Robert C.
Hoskins (Absent), Council Member David Himsel (Absent), Council
Member Laura Alvarado (Abstain)
Approved
ORDINANCE NO. 13,907
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S 2018-19 TOURISM
PARTNERSHIP GRANT PROGRAM ALLOCATIONS; AUTHORIZING THE
EXPENDITURE OF SUCH ALLOCATIONS IN THE AMOUNT OF
SEVENTY-SIX THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($76,500.00) SUBJECT TO THE RECIPIENT'S EXECUTION OF A TOURISM
PARTNERSHIP GRANT AGREEMENT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
7. FRIENDSWOOD DEVELOPMENT COMPANY
a. Consider a resolution granting the consent for the inclusion of an additional 13.86
acres within the extraterritorial jurisdiction of the City of Baytown into Harris County
Municipal Utility District No. 213-A.
b. Consider an ordinance authorizing the First Amendment to the Development
Agreement with Friendswood Development Company.
City Attorney, Ignacio Ramirez presented the agenda items 7.a. and 7.b. together. He stated that
on January 11, 2018, the City Council adopted Resolution No. 2507, which granted consent to
the creation of Hams County Municipal Utility District No.213-A (the "District") to be
developed by Friendswood Development Company in accordance with a development
agreement. He stated that since such time, Friendswood Development Company has acquired an
additional 13.86 acres adjacent to the property subject to such agreement; therefore, Resolution
No. 2547 authorizes the inclusion of the 13.86 acres into the District and Ordinance No. 13,908,
regarding agenda item 7.b., amends the agreement in order to include the additional 13.86 acres.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving Resolution No. 2547, regarding agenda item Ta. and Ordinance No. 13,908,
regarding agenda item 7.b. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
City Council Regular Meeting Minutes
October 25, 201 g
Page 16 of 36
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
RESOLUTION NO. 2547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 13.86 ACRES OF
LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF BAYTOWN, TEXAS, INTO HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 213-A; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 13,908
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 THE FIRST
AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH
FRIENDSWOOD DEVELOPMENT COMPANY FOR THE DEVELOPMENT
OF AN ADDITIONAL 13.86 ACRES OF LAND ADJACENT TO THE
PROPERTY CURRENTLY SUBJECT TO THE DEVELOPMENT
AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8.
a. Consider a resolution authorizing the City to submit a grant application in response
to the Houston -Galveston Area Council FY2019 - 2022 Transportation Improvement
Program (TIP) call for projects.
Traffic Engineer, Matthew Johnson presented the agenda item and stated that Resolution No.
2548 authorizes the City to submit applications to the Houston -Galveston Area Council (H-
GAC) for the 2019-2022 Transportation Improvement Program (TIP). Additionally, he stated
that the TIP requires a commitment of funding from the applying agency and that the City of
Baytown applied for the following six (6) projects:
FY2019 - 2022 TIP Budget
Project
80% TIP
20% Match
Project Total
Garth Road Raised Medians
$1,240,000
$310,000
$1,550,000
Texas/Market/Lee/Decker Intersection
Improvements
$880,000
$220,000
$1,100,000
Baker at Garth Intersection
Improvements
$2,640,000
$660,000
$3,300,000
IH-10 EB ramp reversal
$3,520,000
$880,000
$4,400,000
City Council Regular Meeting Minutes
October 25, 2018
Page 17 of 36
Rollin brook Drive reconstruction
$2,400,000
$600,000
1 $3OOQ000
Cedar Ba ou Crossin
$60,000,000
$15,000,000
$75:000,000
Additionally, Mr. Matthew Johnson noted that the determination of the approval of these
submittals would be sometime during the month of March.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Chris Presley approving Resolution No. 2548, regarding agenda item 8.a. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
RESOLUTION NO. 2548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) FOR THE FY2019-2022
TRANSPORTATION IMPROVEMENT PROGRAM; AUTHORIZING A
CASH MATCH IN AN AMOUNT NOT TO EXCEED SEVENTEEN MILLION
SIX HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS
($17,670,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9. REPORTS
a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending September 30, 2018.
Finance Director, Wade Nickerson presented the City of Baytown's Quarterly Financial and
Investment Reports for the Quarter Ending September 30, 2018 and stated that the Finance
Committee met on Tuesday, October 23, 2018, for a detailed review and analysis of these
reports. He stated that the year ended with the sales tax collections being just over a 9% increase
from the prior year.
With regards to revenues, Mr. Nickerson stated that the general fund along with the water and
sewer fund met budget expectations. He stated that the aquatics fund came in under budget,
City Council Regular Meeting Minutes
October 25, 2018
Page 18 of 36
because of the substantial budget increase and further noted that it's revenues came in higher than
the previous year, as well as, surprised the previous year's ticket sales. Mr. Nickerson stated that
the hotel/motel fund revenues were collected at 153% as expected and noted that the sanitation
collections are received in the rears, but once the accruals were complete it would be slightly
over budget.
Regarding expenditures, Mr. Nickerson stated that the general and aquatics funds both met
budget expectations. He stated that the hotel/motel fund had money available for the hotel
convention center that was not spent yet, which is the reason that the budget percentage was low.
He stated that the water and sewer fund was at 100% and the sanitation fund was at 94% of
budget. He further noted that because of being billed in the arrears, the sanitation fund would be
right at 99% of budget.
Additionally, Mr. Nickerson stated that the last quarter ended with 2.2% investment yield.
10. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member
Heather Betancourth approving consent agenda items 10.a. through 10.z. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Hhnsel (Absent)
Approved
a. Consider an ordinance authorizing an Industrial District Agreement with Rubiales
Consulting, Inc.
ORDINANCE NO. 13,909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH RUBIALES CONSULTING, INC.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Mewing Minutes
October 25, 2018
Page 19 of 36
It. Consider an ordinance authorizing an Industrial District Agreement with Wal-Mart
Stores East, LP.
ORDINANCE NO. 13,910
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH WALrMART STORES EAST, LP; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing an Industrial District Agreement with LS
Energy Properties, LLC.
ORDINANCE NO. 13,911
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH LS ENERGY PROPERTIES, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing an Industrial District Agreement with
Ameriport Building 2, LLC.
ORDINANCE NO. 13,912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AMERIPORT BUILDING 2, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing an Industrial District Agreement with Rail
Logix Ameriport, L.L.C.
ORDINANCE NO. 13,913
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH RAIL LOGIX AMERIPORT, L.L.C.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
October 25, 2018
Page 20 of 36
I. Consider an ordinance amending Chapter 2 "Administration," Article IV 'Boards
and Commissions," Division 10 'Board of Adjustment," Section 2-542 "Composition;
terms" of the Code of Ordinances, Baytown, Texas, to add an alternate member to the
Board of Adjustment to serve in the absence of a regular member.
ORDINANCE NO. 13,914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV
"BOARDS AND COMMISSIONS," DIVISION 10 'BOARD OF
ADJUSTMENT," SECTION 2-542 "COMPOSITION; TERMS" OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO ADD AN ALTERNATE
MEMBER TO THE BOARD OF ADJUSTMENT TO SERVE IN THE
ABSENCE OF A REGULAR MEMBER; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance awarding the Pruett Estates Pipebursting Project to Texas
Pride Utilities, LLC.
ORDINANCE NO. 13,915
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TEXAS PRIDE UTILITIES, LLC, FOR
THE PRUETT ESTATES PIPEBURSTING PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH TEXAS PRIDE UTILITIES, LLC, FOR
SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM
OF TWO HUNDRED SIXTY-THREE THOUSAND EIGHT HUNDRED AND
NO1100 DOLLARS ($263,800.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
h. Consider authorizing Change Order No. 9 to the San Jacinto Blvd. Phase 1 Project
with Angel Brothers Enterprises, LLC.
ORDINANCE NO. 13,916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 9 WITH ANGEL
BROTHERS ENTERPRISES, LTD, FOR THE SAN JACINTO BLVD PHASE 1
PROJECT, DECREASING THE CONTRACT AMOUNT BY SIXTY-NINE
THOUSAND SEVEN HUNDRED FIFTY AND NO1100 DOLLARS
($69,750.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
October 25, 2018
Page 21 of 36
I. Consider an ordinance authorizing the Fence Agreement for the San Jacinto
Boulevard Project with Gulf Equities Realty Advisors, Inc.
ORDINANCE NO. 13,917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A FENCE AGREEMENT FOR THE SAN JACINTO
BOULEVARD PROJECT WITH GULF EQUITIES REALTY ADVISORS,
INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF SIXTY-NINE THOUSAND SEVEN HUNDRED FIFTY AND
NO/100 DOLLARS ($69,750.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
j. Consider an ordinance to award the Annual Water Meter Valve Replacement
Contract to SKE Construction, LLC.
ORDINANCE NO. 13,918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF SKE CONSTRUCTION, LLC, FOR THE
ANNUAL WATER METER VALVE REPLACEMENT CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF
SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
k. Consider an ordinance authorizing the purchase of seven (7) 2019 Ford Trucks from
Silsbee Ford, through Houston -Galveston Area Council (H-GAC) for the Public
Works Department
ORDINANCE NO. 13,919
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THIRTY-
FOUR THOUSAND THREE HUNDRED THIRTY-SEVEN AND NO1100
DOLLARS ($234,337.00) TO SILSBEE FORD, THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE PURCHASE OF SEVEN (7) 2019
FORD TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Consider an ordinance authorizing the purchase of emergency equipment for the
2019 Police units from Fleet Safety Equipment Inc., through the Texas Local Government
Purchasing Cooperative (BuyBoard).
City Council Regular Meeting Minutes
October 25, 2018
Page 22 of 36
ORDINANCE NO. 13,920
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-
FOUR THOUSAND FIVE HUNDRED TWENTY-NINE AND 59/100
DOLLARS ($124,529.59) TO FLEET SAFETY EQUIPMENT, INC., FOR THE
PURCHASE AND INSTALLATION OF POLICE EMERGENCY
EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, LIGHT BARS,
PRISONER PARTITIONS/SEATS, SIREN SPEAKERS/CONTROL SYSTEMS,
AND EMERGENCY LIGHTING, FOR NEW POLICE VEHICLES, THROUGH
THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY
BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
In. Consider an ordinance authorizing the purchase of nine (9) Dodge vehicles from
Dodge City of McKinney through the Texas Local Government Purchasing Cooperative
(BuyBoard).
ORDINANCE NO. 13,921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FIFTEEN
THOUSAND FOUR HUNDRED FORTY-TWO AND NO/100 DOLLARS
($215,442.00) TO DODGE CITY OF MCKINNEY, THROUGH THE TEXAS
LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD),
FOR THE PURCHASE OF NINE (9) DODGE VEHICLES FOR THE POLICE
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
n. Consider an ordinance authorizing the purchase of twelve (12) Chevrolet Tahoe
Police Patrol Vehicles from Reliable Chevrolet through the Tarrant County Cooperative
Agreement.
ORDINANCE NO. 13,922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED ONE
THOUSAND SEVEN HUNDRED FOURTEEN AND 28/100 DOLLARS
($401,714.28) TO RELIABLE CHEVROLET FOR THE PURCHASE OF
TWELVE (12) 2019 CHEVROLET TAHOE POLICE PATROL VEHICLES
FOR THE POLICE DEPARTMENT, THROUGH A COOPERATIVE
PURCHASING AGREEMENT WITH TARRANT COUNTY; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
October 25, 2018
Page 23 of 36
o. Consider an ordinance authorizing payment for the second year of the Annual
Residential Solid Waste Collection, Disposal, and Recycling Services Contract with Waste
Management of Texas, Inc.
ORDINANCE NO. 13,923
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FOUR MILLION SEVEN
HUNDRED FIFTY-EIGHT THOUSAND EIGHTY-SEVEN AND 84/100
DOLLARS ($4,758,087.84) TO WASTE MANAGEMENT OF TEXAS, INC.,
AS THE COST FOR CURBSIDE RECYCLING AND RESIDENTIAL SOLID
WASTE COLLECTION AND DISPOSAL SERVICES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
P. Consider an ordinance prescribing the number of positions in each classification in
"Service Group - Fire."
ORDINANCE NO. 13,924
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH
CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
q. Consider an ordinance approving an amendment to the Baytown Fire Control,
Prevention, and Emergency Medical Services District's Fiscal Year 2018-19 Budget in
order to transfer monies from Contingency/New Initiatives to Machinery & Equipment in
order to purchase fire props for the Baytown Fire Training Facility.
ORDINANCE NO. 13,925
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR
2018-19 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
r. Consider an ordinance approving an amendment to the Baytown Fire Control,
Prevention, and EMS District's Fiscal Year 2017-18 Budget in order to reclassify budgeted
funds.
City Council Regular Meeting Minutes
October 25, 2018
Page 24 of 36
ORDINANCE NO. 13,926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR
2017-18 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
S. Consider an ordinance authorizing the sole source purchase of four (4) Stryker
Power Load Systems from Stryker Medical for the front -Rue ambulances for the Baytown
Fire Department.
ORDINANCE NO. 13,927
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY-FIVE
THOUSAND SIX HUNDRED NINETY-EIGHT AND 92/100 DOLLARS
($95,698.92) TO STRYKER MEDICAL FOR THE SOLE -SOURCE
PURCHASE OF FOUR (4) STRYKER POWER LOAD SYSTEMS FOR THE
FRONT-LINE AMBULANCES FOR THE FIRE DEPARTMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
t. Consider an ordinance authorizing the purchase of one (1) Frazer Ambulance from
Frazer, Ltd. through the Houston -Galveston Area Council (H-GAC) for the Baytown Fire
Department.
ORDINANCE NO. 13,928
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THIRTY-
ONE THOUSAND FOUR HUNDRED FORTY AND 61/100 DOLLARS
($231,440.61) TO FRAZER, LTD., THROUGH THE HOUSTON-GALVESTON
AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2018 FORD F-450,
DIESEL CHASSIS AND FRAZER TYPE 1 14' MODULE FOR THE FIRE
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
U. Consider an ordinance authorizing the City Manager to negotiate contracts with
Texas Sounds Entertainment for musical and emcee performances for the City of
Baytown's July 3rd and 4th Celebrations, Grito Fest for 2019, and other small events.
City Council Regular Meeting Minutes
October 25, 2018
Page 25 of 36
ORDINANCE NO. 13,929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE CONTRACTS WITH TEXAS SOUNDS
ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR
THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATIONS, GRITO
FEST, AND OTHER SMALL EVENTS; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
SEVENTY-TWO THOUSAND AND NO/100 DOLLARS ($172,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
V. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas
Local Government Purchasing Cooperative (BuyBoard), for construction of a concrete
parking lot at JC Hollaway Park and at Pirates Bay Water Park.
ORDINANCE NO. 13,930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED THIRTY-
ONE THOUSAND FOUR HUNDRED TWENTY AND NO/100 DOLLARS
($431,420.04) TO KRAFTSMAN, L.P., FOR THE CONSTRUCTION OF A
CONCRETE PARKING LOT AT JC HOLLAWAY PARK AND AT PIRATES
BAY WATER PARK THROUGH THE TEXAS LOCAL GOVERNMENT
PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
W. Consider an ordinance approving an expenditure through the Texas Local
Government Purchasing Cooperative (BuyBoard) with Progressive Commercial Aquatics,
Inc., for slide refinishing at Pirates Bay Water Park and Calypso Cove.
ORDINANCE NO. 13,931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY-
SEVEN THOUSAND SIXTY-SEVEN AND NO/100 DOLLARS ($157,067.00)
TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR SLIDE
REFINISHING AT PIRATES BAY WATER PARK AND CALYPSO COVE,
THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
October 25, 2018
Page 26 of 36
X. Consider a joint resolution requesting that the members of the 86th Legislative
Session of the State of Texas to support legislation that provides for (i) stewardship, health
and well-being, and connectivity for local and state parks, (if) a fair and equitable
distribution of the sporting goods sales tax revenue for local and state parks, and (iu) all
funding for Texas Recreation & Parks Account and Urban Account Projects be subject to
the established Texas Parks & Wildlife Department competitive scoring system.
RESOLUTION NO. 2549
A JOINT RESOLUTION OF THE PARKS AND RECREATION BOARD OF
THE CITY OF BAYTOWN, TEXAS, AND THE CITY COUNCIL OF THE
CITY OF BAYTOWN, TEXAS, REQUESTING THE MEMBERS OF THE
86TH LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT
LEGISLATION THAT PROVIDES STEWARDSHIP, HEALTH AND WELL-
BEING, AND CONNECTIVITY FOR LOCAL AND STATE PARKS AS WELL
AS LEGISLATION THAT PROVIDES A FAIR AND EQUITABLE
DISTRIBUTION OF THE SPORTING GOODS SALES TAX REVENUE FOR
LOCAL AND STATE PARKS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Y. Consider a resolution authorizing the City Manager to submit a grant application
for the Texas Hurricane Harvey (DR-4332) CDBC-Disaster Recovery (DR) - Round 1 Non-
Housing/Infrastructure program to Harris County in response to their Request for
Proposal.
RESOLUTION NO.2550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO HARRIS COUNTY FOR THE TEXAS HURRICANE HARVEY (DR4332)
COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY
- ROUND 1 NON-HOUSING/INFRASTRUCTURE PROGRAM FOR THE
EAST WASTEWATER TREATMENT PLANT; DESIGNATING AN
AUTHORIZED REPRESENTATIVE FOR PURPOSES OF REPRESENTING
THE CITY FOR ALL PURPOSES ASSOCIATED WITH THE APPLICATION;
DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACCEPT OR
AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM AND
TO EXECUTE ANY RESULTING RESERVATION SYSTEM
PARTICIPATION AGREEMENT; AUTHORIZING LOCAL MATCH IN THE
AMOUNT OF THREE HUNDRED FORTY-ONE THOUSAND ONE
HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($341,174.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
October 25, 2018
Page 27 of 36
Z. Consider a resolution designating a representative and an alternate for the General
Assembly of the Houston -Galveston Area Council for the year 2019.
RESOLUTION NO. 2551
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE
AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE YEAR 2019; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
11. APPOINTMENTS
a. Confirm the City Manager's appointment of the City of Baytown Public Affairs
Director.
City Manager Davis presented the agenda item to allow the Council to confirm his appointment
of Mr. Mark Miller as the Public Affairs Director for the City of Baytown. Mr. Miller's resume
was attached to the agenda for review and consideration.
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem
Charles Johnson approving City Manager Davis's appointment of Mr. Mark Miller, as the City of
Baytown Public Affairs Director. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
b. Consider one (1) appointment to the Parks and Recreation Board.
City Clerk, Leticia Brysch presented the agenda item to consider the appointment of Terry Sain
to the Parks and Recreation Board to complete the expired tern of Mr. Hunt.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Chris Presley approving the appointment of Mr. Terry Sain to the Park and Recreation Board.
The vote was as follows:
City Council Regular Meeting Minutes
October 25, 2018
Page 28 of 36
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
12. MANAGER'S REPORT
City Manager Davis recognized Tiffany Foster, Director of Planning and Community
Development and Linda Newsted, Engineer Coordinator for accomplishing the Black Belt status.
He also acknowledged Carla Hommel, Contract Administrator for achieving the Certified Texas
Contractor Developer and Certified Texas Contractor Manager Designations, which are the two
(2) of the highest recognitions in the state of Texas. He noted that Mr. James Springer expressed
appreciation to the public works crew of Hanchal Small, Roy Gonzalez, Yorel Stanley, Kedrick
Williams, Andrew Lopez, Reggie Williams, and Rolston Henry for their quick response of the
removal of tree that blocked off a street, as well as, fell onto his property. City Manager Davis
acknowledged Ferdinand Henley and Brian Helm for demonstrating the core value of caring to a
person that appeared to be homeless. He further noted that the City of Bellaire expressed their
appreciation to Alisha Segovia, Rachel Martinez, Lloyd Lively and Lettie Brysch for showing
them around the City of Baytown's agenda program and processes, as well as, the public
information program and recording system in the council chamber.
City Manager Davis stated that the national night out events were threatened to derail due to the
influx of mosquitos in this area, but the health department's mosquito abatement team sprayed
the participating sites and the citizens were please as they voiced thew appreciation of such.
Additionally, he acknowledged Angela Jackson for exemplifying kindness, knowledge and
willingness to help, in which this comment was mentioned to Council Member Johnson from
another staff person and mayor of a neighboring community.
a. The Environmental Protectors Initiating Change (EPIC) Spooktacular will be held
at the Eddie V. Gray Wetlands Education Center on Saturday, October 27, from 6:00 P.M.
to 9:00 P.M.
Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that
the EPIC Spooktacular event would be held at the Eddie V. Gray Wetlands Education Center on
Saturday, October 27, from 6:00 P.M. to 9:00 P.M. for an admission fee of $5.
b. The Annual Heritage Scaritage Festival will be held at the Republic of Texas Plaza
on Saturday, October 27, 2018, from 10:00 A.M. to 4:00 P.M.
City CouncLI Regular Meeting Minutes
October 25, 2018
Page 29 of 36
Mr. Scott Johnson stated that the Baytown Historical Preservation Association would host its
annual Heritage Scaritage Festival, at the Republic of Texas Plaza on Saturday, October 27,
2018, from 10:00 A.M. to 4:00 P.M.
C. The "Be Well Baytown Day" will be held on Saturday, November 03, 2018, from
9:00 A.M. - 12:00 P.M. at the Ross S. Sterling High School Parking Lot, 300 W. Baker
Road.
Mr. Scott Johnson stated that the "Be Well Baytown Day" would be held on Saturday, November
03, 2018, from 9:00 A.M. - 12:00 P.M. at the Ross S. Sterling High School Parking Lot, 300 W.
Baker Road. Additionally, he noted that the free event is sponsored by MD Anderson Cancer
Center and ExxonMobil.
Mr. Woolery noted that the ribbon cutting for San Jacinto Boulevard was scheduled for Tuesday,
October 30, 2018.
13. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.071 to seek the advice of the City's attorneys regarding pending
litigation involving the City of Baytown.
b. Recess into and conduct an executive session pursuant to Section 551.071 of the
Texas Government Code to see the advice of the City's attorneys on competitive
procurement matters.
At 9:02 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding
pending litigation involving the City of Baytown and the competitive procurement matters.
At 10:26 P.M., Mayor DonCarlos reconvened the Open Meeting of the Regular City
Council Meeting and announced that in accordance with Section 551.102 of the Texas
Government Code, no action was taken in the Executive Session.
14. TOWING AND STORAGE SERVICES
a. Consider an ordinance accepting the bid of Baytown Wrecker Service, Inc., for
Towing and Storage Services and authorizing Addendum No. 1 to remove language
regarding a rotation process.
Bryan Mourfield, David Kostka, Robert Kostka, Jesse Olivares, Tanya Kostka, Robert Kelley,
Kameron Price, Cheryl Kelley, Don Graham, Suyen Arana, Frank McClosky, Lee Bates, Calvin
Mundinger, Issa Khoury, Kevin Garrett, David McCartney all registered to speak regarding
agenda item 14.a.
City Council Regular Meeting Minutes
October 25, 2018
Page 30 of 36
Robert Kostka and Tonya Kostka deferred their speaking time to David Kostka
Jesse Olivares and Robert Kelley deferred their time to Kameron Price.
Cheryl Kelley defected her time to Don Graham.
Mr. Calvin Mundinger was not present when called upon to speak.
Kevin Garrett deferred his time to David McCartney
Mr. Bryan Mourfield of Lindsey's Wrecker Service stated that he protest the consideration of
Baytown Wrecker Service, also known as, Baytown Collision Center as they have bad business
practices and further requested that council not approve their bid. Additionally, he provided
Council with copies of the entity's negative social media reviews, as well as, their Better
Business Bureau's "BBB" rating of a D+.
Mr. David Kostka stated that in his belief the reason many of the other wrecker services did not
submit a bid was due to the fact that at the instruction meeting they were told that they were in
violation of charging a $50 notification fee and a $20 impound fee. He noted that to his
understanding the City did not regulate storage lots and further noted that those charges were
state regulated which helps cover the expense of the storage facility having to send notifications
to registered owners and end holders. Mr. Kostka stated according to the application bid of
Baytown Wrecker Services the property was grandfathered in while under the ownership
of Kenneth Hammers, in which he was doing storage lot when the city annexed the property. He
noted that to his knowledge of grandfathering is that if there were any changes all of the current
regulations were to be followed; therefore, the property would have to be zoned Light Industrial
(LI) or Heavy Industrial (HI), in which this property is zoned as General Commercial (GC).
Additionally, he stated that the owner is in violation with where the property is currently with the
change as it is no longer grandf rthered.
Council Member Presley inquired if staff could address the zoning concern mentioned by Mr.
Kostka. Mr. Ramirez stated that Mr. Kostka brought this to his attention and he investigated such
concern, whereas, they reviewed online maps, the maps provided by Mr. Kostka, and discussed
with the planning department. Mr. Ramirez stated that the additional property was outside of the
city limits when it was being used for a storage yard, so it was also grandfathered in and further
noted that it was not annexed into the city until afterwards in the year 2017. Mr. Ramirez noted
that the property is in the wrong zoning, but the whole property is grandfathered in and is a
nonconforming use.
During further discussion, Mr. Kostka stated that the property was being used under Kenneth
Paint and Body approximately three (3) years prior to the current meeting and inquired as to how
was this property a city lot prior to being annexed. Mr. Ramirez stated that the property was not
in the city prior to being annexed in 2017. Mrs. Brysch noted that the vehicle storage facility
"VSF" was in place according to the City's inspectors and had a complaint been submitted to the
City Council Regular Meeting Minutes
October 25,2018
Page 31 of 36
City Clerk's office it would have been dealt with accordingly, but the City Clerk's office was
unaware at that time of any expansion.
For clarity purposes, Mr. Ramirez noted the triangular portion of the property that fronts North
Main was grandfathered into the City and the portion that's not fronted on North Main was the
portion that they started to use in the year 2016, but it was not annexed until the year 2017 and is
grandf ithered in also.
Mr. Kostka further inquired if the applicant currently had a permit under the additional address
for additional adjacent property. In response to Mr. Kostka's inquiry, Mrs. Brych stated that in
the year 2017, the VSF definition was changed; therefore, the City Clerk no longer permits
VSF's, but does permit junkyards. Mr. Ramirez noted that the applicant has enough space in the
original tract of land to satisfy the bid.
Additionally, Mr. Kostka stated that he believed there was a misinterpretation with regards to the
administration charge. For clarity purposes, Mrs. Brysch explained that in the agreement it stated
that the company agreed to not charge any other fees, including administrative fees, other than
the ones listed in the agreement.
Ms. Kameron Price of Graham's Towing read the concern of Mr. Jesse Olivares's of J&J's
Towing which stated that the City's process of a single company operation doesn't give a small
business owner, such as himself a chance. She further stated that for approximately four (4) years
the City of Baytown has tried to revise the wrecker contract that's been in place for about 20
years, in which each attempt went from bad to worse. She stated that they've met with city staff
to come up with a new proposal that would be beneficial to all parties, but it did not happen. She
further stated that the lack of knowledge of the towing business, laws and requirements that the
towing companies must follow caused said proposals to fail. Ms. Price stated that the current bid
proposal is another example of why the towing community must be involved. She stated that the
$150 tow rate has not increased in over ten (10) years, yet the cost to do business drastically
changed during such time. She stated that towing companies currently on the towing rotation did
not submit a bid, because the proposal is not profitable, it's unsafe, and too time consuming. She
noted that the $150 wrecker fee would be reduced due to the lack of ability by the City to charge
state recognized fees, the response time was reduced to 25 minutes, and they would have to be
accessible from 7:00 A.M. 7:00 P.M., seven (7) days a week for 365 days. Additionally, she
noted that the state has mandated hours for the towing companies to abide by.
Ms. Price stated that to her understanding the City's goal is to accept bids that are in the best
interest of the City and farther noted that in the year 2014, the towing Committee unanimously
voted to revoke Mr. Cunningham Jr.'s permit, in which such violations does not comply with
the invitation to bid guidelines.
For clarity purpose, Ms. Price stated years prior to this meeting she inquired of the statement
regarding no administrative/impound fees and was informed then that those fees were not going
to be intended as the state recognizes, but rather a fee to be added just because they wanted it to
be added; therefore, the towing community followed such clarity to the present and was unaware
City Council Regular Meeting Minutes
October 25, 2018
Page 32 of 36
of it being a violation until the meeting when mentioned of. Additionally, she recommended that
Council deny the bid.
Council Member Presley requested staff to address Ms. Price's comment regarding the bid
requirements for drivers. Mr. Ramirez stated that Ms. Price's comment references Cunningham
Jr. who was suspended, in which he did not submit a bid, but Cunningham Sr. did submit a bid,
in which he's never been on the rotation or suspended.
Council Member Presley inquired if Cunningham Sr. had experience. Mrs. Brysch stated that in
the bid it was listed as having previous experience in the towing community outside of Baytown.
She further noted that the City is expected to be available to citizens during an accident whereas,
the City's EMS, Police, and Fire departments respond 24 hours a day seven (7) days a week,
which is the same type service requested from the towing company representing the City during
a non -consent tow.
Council Member Alvarado noted that the Council is tasked with making decisions for the best
interest of the citizens of Baytown and the reason for the bidding process is because of the
complaints from the citizens.
Mayor DonCarlos inquired of Cunningham Jr.'s position and what would he not be allowed to
do. Mr. Ramirez stated that Mr. Cunningham Jr. is listed as the Manager on the application.
Ms. King stated that Mr. Cunningham Jr. would not be allowed as a driver until he meets the
criteria.
Council Member Alvarado stated she looked at the reviews that she received and five (5) of them
were recent and the others were older; therefore, it's uncertain as to whether or not the
complaints were corrected since that time.
Mr. Ramirez stated that he received a packet with reviews and after he compiled a tally of the
reviews there were actually more positive reviews than there were negative reviews.
Mr. Don Graham stated that the City tried to have one (1) ambulance service, which didn't work
out and further stated with regards to not charging any other fees that the IRS mandates that a tax
be charged on the $20.
Ms. Suyen Arms stated that she works for and is representing her mother who is the owner of
Bay Area Towing. She stated that their small family owned business that consists of her mother,
her brother, and herself has been in Baytown for 28 years with 20 of those years being in towing.
She stated that this bid may cause them to close their doors; therefore they recommend that
Council considers an alternative process beneficial to both the City of Baytown and the towing
companies. Additionally, she noted that the City should hold each company accountable for their
own complaints instead of the entire towing community.
Mr. Frank McClosky stated that he owns Franks Collision and with his years of experience body
shop painting, he doesn't see how one (1) company will be able to service this area and further
City Council Regular Meeting Minutes
October 25, 2018
Page 33 of 36
noted that although he's not in the towing community more discussion should be made with such
regards in order to do what's best for the citizens.
Mr. Lee Bates stated that in his opinion the bid process is a bad system and something must be
wrong with the packet when there were two (2) bids with only one (1) responding bidder.
Additionally, he stated that Council should reconsider the bid process.
Mr. Issa Khoury stated that he represents Sammy's Towing as the Manager and also District
Towing, as well as, is the owner of Auto District in Baytown. He stated that there was a vehicle
on his car lot that was wrecked and sent to Baytown Towing which within five (5) days his bill
was approximately $1,400. He stated that he was able to contact his insurance company to
collect the vehicle, but noted that someone else may not be able to so. Additionally, he noted that
for five (5) days storage fees should not be that excessive and that he does not agree with not
being able to charge state imposed fees.
Mr. David McCartney stated this is not the type of RFP process he proposed and that there
should not be a set rate established. He stated that the only way this company is going to make
money is by steering the vehicles to their body shop which is not what's best for the citizens.
Additionally, he stated that this process should be reconsidered to allow more companies to bid
and adjust the bid for more flexibility on the fees for profitability.
Council Member Betancourth requested Police Chief Dougherty's opinion with regards to safety
concerns having one (1) towing company. Chief Dougherty stated that Ms. King would respond
to Council Member Betancourth's request. Ms. King stated that she contacted dispatch with
regards to such question to bring before the evaluation committee and she received a print out of
all incident management tows for the past year and within that time period there were never more
than 20 tows in a day. She noted that the communications supervisor was included in the
evaluation meeting and had no concems with one (1) towing company servicing the City. Ms.
King stated that there would be another bid for backup purposes although staff believes that this
company has the capacity to handle his job, in which the company has more capacity than the
City was anticipating having gone with in-house towing. With regards to the issue with the
arrival time for the tow companies being 25 minutes or less, Ms. King stated that majority of tow
companies arrival times were typically between 15-25 minutes.
In an effort to address a comment that this process was being rushed, Council Member
Betancourth inquired how long this process has been going on since the time of communicating
with the towing community to present. In response to Council Member Betancourth's inquiry,
Ms. King stated that this process has been going on for 3 1/2 years.
Council Member Presley noted that he had a hard time going to one (1) company, especially one
with unknown experience and stated that he believes it would be a mistake to accept the bid of
the considering entity with a D+ credit rating with the Better Business Bureau with no track
record. Additionally, he noted that if another bid is done there should be consideration of
increasing the $150 fee and recommended that this process be revisited one (1) final time.
City Council Regular Meeting Minutes
October 25, 2018
Page 34 of36
Council Member Johnson stated it is uncertain as to whether the towing community will collude
being that their track record has shown that they've done it twice even after being told not to do
so and further noted that Council should consider such behavior if considering another bid
opportunity.
Council Member Betancourth stated that although she agrees that the new rules are stringent
they're not illegal or unethical. She noted that the rules do not apply to all towing business that
the towing companies may obtain throughout the city, but does apply when the City of Baytown
is the customer and making the call for a tow. She further stated that if the company breaks the
rules of the contract they will be terminated from the contract, which will then open up and allow
for other companies to bid. Additionally, she noted that she has no logical reason to deny the
contract between Baytown Wrecker Service and the City of Baytown.
Council Member Alvarado noted that Council provided a fair opportunity for the towing
community to submit bids.
With regards to the $150 fee that has not changed in ten years, Mr. Ramirez stated that as a
directive from Council, fees we done based on the average from comparisons of the neighboring
communities with Baytown remaining in the middle, in which the $150 is sufficient. Mrs. Brysch
noted that the City of Baytown's fee was higher than the surrounding community's fee.
In closing, Mayor DonCarlos stated that the towing committee did not do themselves a favor by
not responding to the bid process and the time to express concerns about the bid packet or the
RFP was during the pre -bid process. He stated that he would not be in favor of choosing one
(1) towing company particularly one with a body shop. He stated that his preference would be to
find a suitable agreement, whereas if a complaint was received that the towing company would
then be removed off the list.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Heather Betancourth approving Ordinance No. 13,932, regarding agenda item 14.a. The vote by
a show of raising their right hand was as follows:
Ayes: Mayor Pro Tem Charles Johnson, Council Member Laura Alvarado,
Council Member Heather Betancourth
Nays: Mayor Stephen DonCarlos, Council Member Chris Presley
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
City Council Regular Meeting Minutes
October 25, 2018
Page 35 of 36
ORDINANCE NO. 13,932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BAYTOWN WRECKER SERVICE, INC.,
FOR TOWING AND STORAGE SERVICES; AUTHORIZING AN
ADDENDUM RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance accepting the bid of Dan Wheeler Wrecker Service, Inc., for
Heavy Duty Towing and Storage Services and authorizing Addendum No. I to remove
language regarding a rotation process.
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern
Charles Johnson approving Ordinance No. 13,933, regarding agenda item 14.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tom Charles Johnson, Council
Member Laura Alvamdo, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
ORDINANCE NO. 13,933
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF DAN WHEELER WRECKER SERVICE,
INC., FOR HEAVY-DUTY TOWING AND STORAGE SERVICES;
AUTHORIZING AN ADDENDUM RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
15. ADJOURN
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem
Charles Johnson adjourning the October 25, 2018, City Council Regular Meeting. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Charles Johnson, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
City Council Regular Meeting Minutes
October 25, 2018
Page 36 of 36
Nays: None
Other: Council Member Robert C. Hoskins (Absent), Council Member David
Himsel (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the October 25,
2018, City Council Regular Meeting at 11:43 P.M.
p R.P.N
4
Leticia Brysch, City Clerk t^e �"�--
City of Baytown"•: