2019 04 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
April 11, 2019
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April
11, 2019, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Chris Presley
Council Member
Charles Johnson
Council Member
Robert Hoskins
Council Member
David Himsel
Council Member
Brandon Capetillo
Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Alisha Segovia
Deputy City Clerk
Keith Dougherty
Sergeant at Arms
Mayor Capetillo convened the April 11, 2019, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present with the exception of Council Members Alvarado
and Betancourth who were absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by the Student Council of Dr.
Antonio Banuelos Elementary School.
1. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Present a proclamation designating April 14-20, 2019, National Public Safety Week
in Baytown.
Mayor Capetillo presented to Steve Jones a proclamation designating April 14-20, 2019,
National Public Safety Week in Baytown.
The recording experienced technical difficulty prior to agenda item l.b. being considered and
during such time agenda items Lb. through consent agenda item 3.1. was discussed and
considered.
b. Present the 3rd and 4th of July Celebration schedule and entertainment for 2019.
Director of Parks and Recreation, Scott Johnson presented the 3rd and 4th of July Celebration
schedule and entertainment for 2019. The presentation included a short commercial that
was aired on Channel 16 and placed on the City's website.
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April 11, 2019
Page 2 of 10
2. PROPOSED ORDINANCES
a. Consider an ordinance amending Chapter 98 "Utilities," Article IV "Sewer
Service," Section 98- 91 "Sewer Service Charge" of the Code of Ordinances, Baytown,
Texas, to update sewer service fees.
Finance Director, Wade Nickerson presented the agenda item and stated that there was an 8%
increase to fund five (5) year project, in which was approved with the budget.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 14, 050, regarding agenda item 2.a. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council
Member Charles Johnson, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Other: Council Member Laura Alvarado (Absent), Mayor Pro Tem Heather
Betancourth (Absent)
Approved
ORDINANCE NO. 14,050
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE IV "SEWER SERVICE," SECTION 98-
91 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A
PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
3. CONSENT
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving consent agenda items 3.a. through 3.1, excluding 3.e. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council
Member Charles Johnson, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
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April 11, 2019
Page 3 of 10
Other: Council Member Laura Alvarado (Absent), Mayor Pro Tern Heather
Betancourth (Absent)
Approved
a. Consider an ordinance authorizing the closeout and acceptance of the Bay Oaks
Harbor Reconstruction Project and the release of retainage to Angel Brothers Enterprises
Ltd.
ORDINANCE NO. 14,051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BAY OAKS HARBOR RECONSTRUCTION
PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY-
FIVE THOUSAND THREE HUNDRED NINETEEN AND 301100 DOLLARS
($35,319.30) TO ANGEL BROTHERS ENTERPRISES LTD, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the Third Amendment to the Interlocal
Agreement with the Baytown Municipal Development District to fund the Brunson Theater
Project.
ORDINANCE NO. 14,052
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT TO FUND THE BRUNSON THEATER
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing Change Order No. 7 with Crain Group, LLC,
for the Brunson Theater Renovation Project.
ORDINANCE NO. 14,053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 7WITH CRAIN GROUP,
LLC, FOR THE BRUNSON THEATER RENOVATION PROJECT,
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF ONE HUNDRED TWENTY-SIX THOUSAND EIGHT AND
81/100 DOLLARS ($126,008.81); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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April 11, 2019
Page 4 of 10
d. Consider an ordinance authorizing an earnest money contract with Kristin N.
Conway Trust for the purchase of property within the Baytown Nature Center, being more
particularly described as Lots 1, 2, & 3 Block XE and Lot 6, Block AA of the Brownwood
Subdivision, Harris County, Texas.
ORDINANCE NO. 14,054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN EARNEST MONEY CONTRACT WITH
KRISTIN N. CONWAY TRUST FOR THE PURCHASE OF PROPERTY
WITHIN THE BAYTOWN NATURE CENTER, BEING MORE
PARTICULARLY DESCRIBED AS LOTS 1, 2, & 3 BLOCK XE AND LOT 6,
BLOCK AA OF THE BROWNWOOD SUBDIVISION, HARRIS COUNTY,
TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH
PROPERTY IN AN AMOUNT OF SIX THOUSAND AND NO/100 DOLLARS
($6,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing the renewal of the Annual Janitorial Services
Contract with McLemore Building Maintenance, Inc.
ORDINANCE NO. 14,055
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL JANITORIAL SERVICES CONTRACT
WITH MCLEMORE BUILDING MAINTENANCE, INC., AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF ONE HUNDRED SEVENTY-FOUR THOUSAND NINE
HUNDRED NINETY-EIGHT AND 76/100 DOLLARS ($174,998.76);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing the first renewal of the Annual Roll -Off
Container Services Contract with Sprint Waste Services, LP.
ORDINANCE NO. 14,056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL ROLL -OFF CONTAINER SERVICES
CONTRACT WITH SPRINT WASTE SERVICES, L.P., AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THREE
HUNDRED TWENTY-NINE THOUSAND FIVE HUNDRED AND NO/100
DOLLARS ($329,500.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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April 11, 2019
Page 5 of 10
It. Consider an ordinance renewing the Annual Mowing, Edging and Trimming
Services Contract with Grant Smith Mowing, Inc.
ORDINANCE NO. 14,057
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL MOWING, EDGING AND TRIMMING
SERVICES CONTRACTWITH GRANT SMITH MOWING, INC., AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF THREE HUNDRED THIRTEEN THOUSAND TWO
HUNDRED FORTY AND 93/100 DOLLARS ($313,240.93); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing the renewal of an Emergency Services for Food
and Supplies Pre -Event Agreement with Ben E. Keith Company.
ORDINANCE NO. 14,058
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE EMERGENCY SERVICES FOR FOOD AND
SUPPLIES PRE-EVENTAGREEMENT WITH BEN E. KEITH COMPANY;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the purchase and installation of upgraded audio -
video equipment from Ford Audio -Video Systems, LLC, for Houston HIDTA.
ORDINANCE NO. 14,059
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FIFTY-SEVEN THOUSAND SIX
HUNDRED THREE AND NO/100 DOLLARS ($57,603.00) TO FORD AUDIO -
VIDEO SYSTEMS, LLC, FOR THE PURCHASE AND INSTALLATION OF
UPGRADED AUDIO -VIDEO EQUIPMENT FOR HOUSTON HIGH
INTENSITY DRUG TRAFFICKING AREA THROUGH THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
It. Consider an ordinance authorizing the purchase of one (1) 2019 Ford F350 Prime
Mover from Rockdale Country Ford through a cooperative purchasing agreement with
Tarrant County funded by a direct award from the Houston Ship Channel Security
District in the 2018 Direct Funding Project.
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April 11, 2019
Page 6 of 10
ORDINANCE NO. 14,060
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-FOUR THOUSAND
EIGHT HUNDRED NINETY AND NO/100 DOLLARS ($54,890.00) TO
ROCKDALE COUNTRY FORDFOR THE PURCHASE OF ONE (1) 2019
FORD F350 PRIME MOVER FOR THE POLICE DEPARTMENT, THROUGH
A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT
COUNTY; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
1. Consider a resolution adopting the City of Baytown's Water
Conservation/Emergency Water Demand Management and Drought Contingency Plans.
RESOLUTION NO. 2580
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE CITY OF BAYTOWN'S WATER
CONSERVATION/EMERGENCY WATER DEMAND MANAGEMENT AND
DROUGHT CONTINGENCY PLANS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
3.e. Consider an ordinance authorizing an Interlocal Agreement with Harris County to
construct a non-standard element and related appurtenances within the existing right -of
way of Cedar Bayou Lynchburg at San Jacinto Blvd located in Harris County.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving to suspend agenda item 3.d. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council
Member Charles Johnson, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Other: Council Member Laura Alvarado (Absent), Mayor Pro Tern Heather
Betancourth (Absent)
Approved
The recording resumed with discussion regarding agenda item 4.a., whereas, the five (5)
appointments of Donald Spencer Cannes, Jr., Engineer; Mike Chatham, General Contractor;
Dustin Eaton, Master Plumber; Kenneth R. McVay, Member at Large; and Thomas (Tom) W.
Hughes, Member at Large were considered for approval to the Construction Board of
Adjustments and Appeals. Mayor Capetillo noted that there were two vacancies for an Architect
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April 11, 2019
Page 7 of 10
and Journeyman Plumber for the board and further encouraged the community to apply with the
City Clerk's Office if interested.
While some of the agenda items were being considered during the technical difficulty, agenda
item 2.b. was inadvertently omitted, but was considered after the conclusion of agenda item 4.a.
4. APPOINTMENTS
a. Consider seven (7) appointments to the Baytown Construction Board of
Adjustments and Appeals.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Chris Presley approving Donald Spencer Carnes, Jr., Mike Chatham, Dustin Eaton,
Kenneth McVay, and Thomas Hughes to the Baytown Construction Board of Adjustments and
Appeals. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council
Member Charles Johnson, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Other: Council Member Laura Alvarado (Absent), Mayor Pro Tem Heather
Betancourth (Absent)
Approved
2.b. Consider an ordinance authorizing an agreement for advertising services with
Kenneth Benitez, LLC, for Phase If of the Here, We Grow Giants Campaign.
Mark Miller presented the agenda item and stated that Ordinance No. 14,061, authorizes an
agreement for advertising services with Kenneth Benitez, LLC, for Phase II of the Here, We
Grow Giants Campaign. He stated that the campaign is an ongoing process with the City and
Goose Creek Consolidated Independent School District (GCCISD) promoting career and
college readiness offerings. He stated that the school district would cover the marketing portion
of the project and the City would cover the production portion. Mr. Miller noted that the
production could be used for as long as necessary and GCCISD would provide the matching
production costs. Additionally, he introduced Dr. O'Brien to provide more information on the
partnership moving forward and noted that Kenneth Benitez, LLC was also providing the
documentary on the Brunson Theater.
Dr. O'Brien, GCCISD Superintendent of School Administration, expressed appreciation for the
City leadership recognizing the need and partnership with the school district. Additionally, he
noted that the first campaign was successful and presented to each council member a Here, We
Grow Giants button.
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April 11, 2019
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Mr. Rick King, a representative of Kenneth Benitez, LLC, noted that they were ready to move
forward with providing the services for Phase II of the campaign project.
Mr. Matt Bollinger, also a representative of GCCISD, stated that the primary goals of Phase II of
the project included strengthening the internal culture of stakeholders by making certain citizens
know how GCCISD provides services to students for success and to attract new home buyers to
the Baytown community. He stated that the school district plays a major role in the home
buyer decisions and GCCISD wants to be certain that a positive impact is made when such
decision is made. He stated that the campaign would help deliver a positive message and they
have a six (6) month marketing plan starting in August 2019 through January. He stated that the
advertising methods would include forms of traditional, modem, and print. He further noted that
the advertisement platforms used would target demographics and zip codes. Mr. Bollinger stated
that during the campaign, GCCISD would collect data to monitor progress and receive a report at
the end of the six (6) month campaign for review and effectiveness. Additionally, he stated
that the City would own the deliverables for personal use.
Council Member Johnson inquired if there would be a third phase and if the proposed plan being
promoted provided through six months. In response to Council Member Johnson's inquiry, Mr.
Bollinger stated that funds devoted to the project was for an aggressive advertising campaign that
would provide through six months and beyond that they would make a decision on how to move
forward.
A trailer of the Brunson Theater was presented.
A motion was made by Council Member Charles Johnson and seconded by Council Member
David Himsel approving Ordinance No. 14,061, regarding agenda item 2.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council
Member Charles Johnson, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Other: Council Member Laura Alvarado (Absent), Mayor Pro Tern Heather
Betancourth (Absent)
Approved
ORDINANCE NO. 14,061
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 AN AGREEMENT FOR
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April 11, 2019
Page 9 of 10
ADVERTISING SERVICES WITH KENNETH BENITEZ, LLC, FOR PHASE
II OF THE HERE, WE GROW GIANTS CAMPAIGN; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SEVENTY-
TWO THOUSAND TWO HUNDRED FIFTY-SIX AND NO/100 DOLLARS
($72,256.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. MANAGER'S REPORT
a. The Annual Nurture Nature Festival will be held at the Baytown Nature Center on
Saturday, April 13, 2019, from 10:00 A.M. to 4:00 P.M.
It. The 4th Annual Baytown Easter Egg Hunt will be held in Town Square on April 13,
2019 from 9:00 A.M. to 1:00 P.M. in conjunction with the Bayshore Fine Rides Car Show.
C. The Parks and Recreation Department invites the public to the open house at the
Clubhouse at Evergreen Park on Thursday, April 25, 2019, beginning at 5:30 P.M. to 7:30
P.M.
Mr. Scott Johnson presented agenda items 5.a., 5.b., and 5.c. He stated that because of the
predicted storm, the Nurture Nature Festival was canceled with plans of being rescheduled for a
date to be determined. He stated that the Easter egg hunt was moved to the Wetlands Center, on
April 13, 2019 from 12:00 P.M. to 3:00 P.M., but that the Bayshore Fine Rides Car Show would
remain at Townsquare. Additionally, he stated that on Thursday, April 25, 2019, beginning at
5:00 P.M. to 8:00 P.M., there would be an open house for the public at the Clubhouse at
Evergreen Park.
A video of the lineup for the 3b and 4" of July Celebration was presented.
Mr. RL Bell, a performer for the 4th of July Celebration expressed his appreciation for an
opportunity to give back to the Baytown community where he grew up. Additionally, he
requested for some of the students from each high to also participate with him during his
performance.
6. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.087 of the Texas Government Code to deliberate the offer of a financial or other
incentive to a business prospect and to seek the advice of the City's attorneys on legal
matters related thereto.
At 7:09 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to
Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a
financial or other incentive to a business prospect and to seek the advice of the City's attorneys
on legal matters related thereto.
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April 11, 2019
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At 8:12 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular Meeting and
announced that in accordance with Section 551.102 of the Texas Government Code, no action
was taken in the Executive Session.
7. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the April 11,
2019, City Council Regular Meeting at 8:12 P.M.
Leticia Brysch, City Clerk
City of Baytown