2013 12 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
December 12, 2013
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
December 12, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Robert Hoskins
David McCartney
Chris Presley
Mercedes Renteria
Terry Sain
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the December 12, 2013, City Council Regular Meeting with a
quorum present at 6:30 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney.
I. SWEARING -IN CEREMONY
a. Administer the Oaths of Office to Mercedes Renteria 111, Council Member District
No. One; Chris Presley, Council Member District No. Two; and Brandon Capetillo,
Council Member District No. Three.
Judge Don Coffey administered the Oaths of Office to Mercedes Renteria 111, of Council
Member District No. One and Chris Presley, of Council Member District No. Two. Judge Kelly
Benavides administered the Oath of Office to Brandon Capetillo, of Council Member District
No. Three.
2. MINUTES
a. Consider approving the minutes of the City Council Special Meeting held on
November 18,2013.
City Council Regular Meeting Minutes
December 12, 2013
Page 2 of 20
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C.
Hoskins approving the November 18, 2013, City Council Special Meeting minutes. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria 111, Council
Member Terry Sain,
Nays: None
Approved
3. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. Michelle Phillips requested to appear before Council to invite Citizens, Staff
and Council Members to participate in the Cruisin' Texas Toy Drive on December 21,
2013.
Ms. Phillips stated that the Cruisin' Texas Toy Drive would be held on December 21, 2013, and
invited members of council, staff, and citizens to participate in the event.
b. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus
years).
City Manager Leiper presented the agenda item and recognized City of Baytown employees for
their years of service (5, 10, 15 plus years).
10 Years:
Elkin Rivas - Paramedic, Fire Department
15 Years:
Shawn Rossi - Fire Lieutenant
20 Years:
Keith Lowell - Fire Lieutenant
David Cox - Fire Lieutenant
30 Years:
Timothy Rogers - Fire Battalion Chief
C. Recognize Judge.lulie Escalante for her service as President on dual boards.
City Manager Leiper presented the agenda item and recognized Judge Julie Escalante for her
service as President on dual boards.
City Council Regular Meeting Minutes
December 12, 2013
Page 3 of 20
4. PUBLIC HEARINGS
a. Conduct the first public hearing for the proposed annexation of a 10 -foot wide strip
of land north of Interstate 10, along the cast side of Sjolander heading northeast just south
of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris
County, Texas.
At 6:53 P.M., Mayor DonCarlos opened and conducted the first public hearing for the proposed
annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of Sjolander
heading northeast just south of Wallisville Road through the pipeline corridor and terminating at
Cedar Bayou, Harris County, Texas.
City Manager Leiper stated that on November 18, 2013, the City Council approved a resolution
granting the petition of Chevron Phillips Chemical Company, LP, and directed staff to create a
service plan for the proposed area to be annexed. He stated that notices were posted on the City's
website and notice board on November 26, 2013 and published in The Baytown Sun on
November 26, 2013.
With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at
6:55 P.M.
b. Conduct the second public hearing for the proposed annexation of a 10 -foot wide
strip of land north of Interstate 10, along the east side of Sjolander heading northeast just
south of Wallisville Road through the pipeline corridor and terminating at Cedar Bayou,
Harris County, Texas.
At 6:55 P.M., Mayor DonCarlos opened and conducted the second public hearing for the
proposed annexation of a 10 -foot wide strip of land north of Interstate 10, along the east side of
Sjolander heading northeast just south of Wallisville Road through the pipeline corridor and
terminating at Cedar Bayou, Harris County, Texas.
With there being no one registered to speak, Mayor DonCarlos closed the second public hearing
at 6:57 P.M.
5. PROPOSED ORDINANCES
a. Consider an ordinance authorizing an Earnest Money Contract with Efrain Garcia
for the purchase of approximately 12 acres located 1,732 feet south of E. Wallisville Road
and 1,921 feet east of N. Main Street, and more particularly described as a portion of Tract
8A, Abstract 21, G Ellis Survey, Harris County, Texas, Harris County, Texas.
City Manager Leiper presented the agenda item and stated that Council previously approved
contracts to purchase the adjacent 36 acres for locating the new 9 -1 -1 Center and for future park
development. He stated that this additional property will expand the site to almost 50 acres and
provide additional room for growth and development of City facilities north of 1 -10.
City Council Regular Meeting Minutes
December 12, 2013
Page 4 of 20
City Manager Leiper stated that the acquisitions are contingent upon (i) an inspection report
satisfactory to the City, (ii) an environmental site assessment satisfactory to the City; (iv) the
acquisition of two properties to the east of the subject property owned by Alberto Garcia and
Mario Garcia, and (vi) the City Council's approval of the earnest money agreements. He stated
that the agreement requires the Seller to donate a 1,830'x 30' strip of land fora future road right -
of -way.
During further discussion, Mayor DonCarlos inquired if there was a prospective sight for the 9-
1-1 Center. City Manager Leiper stated that the sight is projected for the comer area of the land
and does not require any frontage. Additionally, City Manager Leiper stated that once they close
on the land, they anticipate contacting the Baytown Fairgrounds to negotiate a cross access
roadway to the facility.
Council Member Presley inquired if the City received the best sales price for this property
considering that the sales price for this tract with about 30 feet of road frontage is generally the
same as two other tracts with about 300 feet of road frontage. City Manager Leiper stated that he
is confident that the city received the best price for the land. He stated that the price for the
additional piece of land was not reduced, because it is part the entire tract, but if not taken out
would have been like paying for the entire tract.
A motion was made by Council Member Mercedes Renteria 111 and seconded by Council
Member Brandon Capelillo approving Ordinance No. 12,426. The vote was as follows:
Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria 111, Council
Member Terry Sain,
Nays: None
Approved
ORDINANCE NO. 12,426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN EARNEST MONEY CONTRACT WITH
EFRAIN GARCIA FOR THE PURCHASE OF PROPERTY FOR A
MUNICIPAL PURPOSE; AUTHORIZING PAYMENT OF A PURCHASE
PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED SIX THOUSAND SIX HUNDRED NINETY -TWO AND NO /100
DOLLARS ($406,692.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 12, 2013
Page 5 of 20
b. Consider an ordinance awarding a contract to Huffman Construction, Inc., for the
removal and disposal of derelict pilings in Tabbs Bay.
City Manager Leiper presented the agenda item and stated that this would be the third contract to
clean up pilings from Tabbs Bay. He stated that with the $100,000 that council approved for the
budget for this project, 534 piles will be removed. Additionally, he stated that this project is
expected to be complete by the end of February and after this cleaning there would be
approximately 1,200 pilings left.
Council Member Presley stated that the area in his district, Goose Lake located behind the
Sterling Library, is in need of being cleaned of tires, bikes, and debris and inquired if a
contractor could take a look at it. City Manager Leiper stated that staff would discuss this
concern with Huffman Construction.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tom
Robert C. Hoskins approving Ordinance No. 12,427. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sam,
Nays: None
Approved
ORDINANCE NO. 12,427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF HUFFMAN CONSTRUCTION, INC, FOR
THE REMOVAL AND DISPOSAL OF DERELICT PILINGS IN TABBS BAY;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH HUFFMAN
CONSTRUCTION, INC., FOR SAID PROJECT; AUTHORIZING PAYMENT
NOT TO EXCEED THE SUM OF NINETY -NINE THOUSAND EIGHT
HUNDRED FIFTY -EIGHT AND NO /100 DOLLARS ($99,858.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Tourism Partnership Grant Agreement with
Battleship Texas Foundation, Inc., for its Battleship Texas 100 Anniversary Festival and
Final Crew Reunion and approving the budget for operations funded by hotel occupancy
tax revenues.
City Council Regular Meeting Minutes
December 12, 2013
Page 6 of 20
City Manager Leiper stated that the City of Baytown received a request for funding from
Battleship Texas Foundation, Inc., for its Battleship Texas 100 Anniversary Festival and Final
Crew Reunion. He stated that the funding of $20,000 would come from the hotel occupancy
contingency funds for advertising and the event will be held on March 15, 2014. Additionally, he
stated that on March 12, 2014, a private reunion will be held for former sailors who served on the
Battleship Texas.
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C.
Hoskins approving Ordinance No. 12,428. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
ORDINANCE NO. 12,428
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 TOURISM
PARTNERSHIP AGREEMENT WITH BATTLESHIP TEXAS FOUNDATION,
INC., FOR ITS BATTLESHIP TEXAS 100 ANNIVERSARY FESTIVAL AND
FINAL CREW REUNION TO ENHANCE AND PROMOTE TOURISM AND
THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF BAYTOWN
AND ITS VICINITY; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND
AND NO /100 DOLLARS ($20,000.00); APPROVING THE BUDGET OF
BATTLESHIP TEXAS FOUNDATION, INC., FOR OPERATIONS FUNDED
BY HOTEL OCCUPANCY TAX REVENUES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance amending Chapterl8 "Buildings and Building Regulations,"
Article III "Electrical Code," Division 6 "Standards" of the Code of Ordinances, Baytown,
Texas, to add Section 18 -433 "Alternate generated power capacity for motor fuel
dispensing facilities" to require certain newly constructed or renovated motor vehicle
fueling stations to install emergency generators to ensure the ability to safely vend fuel to
the public during extended power outages.
City Council Regular Meeting Minutes
December 12, 2013
Page 7 of 20
City Manager Leiper presented the agenda item and stated that all new and renovated fuel
stations built after the effective date of Ordinance No. 12,429, install a generator system, in
which does not have to operate the entire station. Fie stated that the system would have to power
up to 12 pumps and if they have three (3) or fewer pumps, they can have a portable generator.
During further discussion, there was an inquiry as to when this would become effective. City
Manager Leiper stated that this would become effective in 10 days.
A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tern
Robert C. Hoskins approving Ordinance No. 12,429. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria 111, Council
Member Terry Sain,
Nays: None
Approved
ORDINANCE NO. 12,429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS,- ARTICLE III "ELECTRICAL CODE," DIVISION 6
"STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18-
433 "ALTERNATE GENERATED POWER CAPACITY FOR MOTOR FUEL
DISPENSING FACILITIES" TO REQUIRE CERTAIN NEWLY
CONSTRUCTED OR RENOVATED MOTOR VEHICLE FULLING
STATIONS TO INSTALL EMERGENCY GENERATORS TO ENSURE THE
ABILITY TO SAFELY VEND FUEL TO THE PUBLIC DURING EXTENDED
POWER OUTAGES; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
6. PROPOSED RESOLUTIONS
a. Consider a resolution repealing Resolution No. 2272 passed on November 18, 2013,
and accepting the petition of Sowell Wallisville Partners, L.P., for annexation of
approximately 125.169 acres of land situated in the Talcott Patching Survey, A -620, Harris
County, Texas, northwest of the intersection of Garth and Wallisville Roads.
City Council Regular Meeting Minutes
December 12, 2013
Page 8 of 20
City Manager Leiper presented the agenda item and slated that Resolution No. 2278 repeals
Resolution No. 2272, that was passed on November 18, 2013, and grants the petition requesting
annexation submitted by Sowell Wallisville Partners, L.P., for approximately 125.169 acres of
land situated in the Talcott Patching Survey, A -620, Harris County, northwest of the intersection
of Garth and Wallisville Roads and commonly known as MUD 213B. He stated that the
applicant withdrew the previous annexation petition, which included only a portion of this
property, and has submitted a new petition to include all of the property within MUD213B.
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem
Robert C. Hoskins approving Resolution No. 2278. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tent Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
RESOLUTION NO. 2278
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING RESOLUTION NO. 2272 PASSSED ON NOVEMBER
18, 2013; GRANTING THE PETITION OF SOWELL WALLISVILLE
PARTNERS, L.P., REQUESTING ANNEXATION OF APPROXIMATELY
125.169 ACRES OF LAND SITUATED IN THE TALCOTT PATCHING
SURVEY, A -620, HARRIS COUNTY, TEXAS, AND LOCATED
NORTHWEST OF THE INTERSECTION OF GARTH ROAD AND
WALLISVILLE ROAD; AUTHORIZING THE PREPARATION OF A
SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
It. Consider a resolution designating a representative and an alternate for the General
Assembly of the Houston - Galveston Area Council for the year 2014.
City Manager Leiper presented the agenda item and stated that Council's 2013 representative to
the General Assembly is currently Council Member Brandon Capetillo with Mayor Stephen
DonCarlos serving m the alternate.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving Resolution No. 2279. The vote was as follows:
City Council Regular Meeting Minutes
December 12, 2013
Page 9 of 20
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tom Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
RESOLUTION NO. 2279
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 2014; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider a resolution nominating at -large candidates to some on the Technical
Advisory Committee for 2014.
City Manager Leiper presented the agenda item and slated that Resolution No. 2281 nominates
up to 16 at -large positions to serve on the Technical Advisory Committee ( "TAC ") for 2014, but
also stated that this does not put them on the committee. He stated that there are three (3)
nominations that may interest the City of Baytown, which are the following: Environmental and
Planning (5 positions); Citizen Interests and Business Interests (2 positions); and Intermodal
Interest — bicycle /pedestrian, ports, airports, railroads, toll roads, freight shippers /carriers and
highway /transit user groups (6 positions). City Manager Leiper stated that the nominations must
be received by the TAC no later than December 13, 2013, for them to be considered for the
positions.
Ms. Carpenter, the Director of Planning and Development, stated that the selection process
would include nominations being presented to a committee of the TAC, who will make
recommendations from that point.
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern
Robert C. Hoskins approving to suspend agenda item 6.c. until later in the agenda. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tent Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
City Council Regular Meeting Minutes
December 12, 2013
Page 10 of 20
City Manager Leiper recommended nominating Mr. Mike Lester for the Environmental and
Planning position.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Terry Sain approving Mike Lester as a nominee for the Environmental and Planning position.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria 111, Council
Member Terry Sain,
Nays: None
Approved
RESOLUTION NO. 2281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING INDIVIDUALS TO SERVE AT -LARGE ON THE
TECHNICAL ADVISORY COMMITTEE OF THE HOUSTON - GALVESTON
AREA COUNCIL FOR THE YEAR 2014; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
7. CONSENT
Council Member Renteria requested that consent agenda item To. be removed for discussion.
A motion was made by Council Member Terry Sam and seconded by Council Member David
McCartney approving consent agenda items 7.a. through 7.n. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
a. Consider an ordinance authorizing a professional service agreement with ARKK
Engineers, LLC, for the 2007 Street Bond Program -Year 6 Project.
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City Council Regular Meeting Minutes
December 12, 2013
Page 12 of 20
ORDINANCE NO. 12,433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY -SIX THOUSAND
SEVEN HUNDRED THIRTY -ONE AND 61/100 DOLLARS ($76,731.61) TO
H.D. INDUSTRIES, INC., THROUGH THE HOUSTON - GALVESTON AREA
COUNCIL FOR THE PURCHASE OF A PRO -PATCH ASPHALT POTHOLE
PATCHER BODY FOR THE PUBLIC WORKS DEPARTMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the purchase of one (1) 2014 Freightliner truck
through Houston - Galveston Area Council.
ORDINANCE NO. 12,434
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY -EIGHT
THOUSAND SIX HUNDRED FORTY -TWO AND NO /100 DOLLARS
($78,642.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE
HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A
2014 FREIGHTLINER TRUCK FOR THE PUBLIC WORKS DEPARTMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the purchase of three (3) 2014 Chevrolet 3500
Utility Trucks from Caldwell Automotive Partners, LLC, through Houston - Galveston Area
Council for the City of Baytown Public Works Department.
ORDINANCE NO. 12,435
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY -
FOUR THOUSAND FIVE HUNDRED SEVENTY -THREE AND NO 1100
DOLLARS ($144,573.00) TO CALDWELL AUTOMOTIVE PARTNERS, LLC,
THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE
PURCHASE OF THREE (3) 2014 CHEVROLET 3500 UTILITY TRUCKS FOR
THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
g. Consider an ordinance authorizing the payment of an annual assessment to the
Harris County Appraisal District.
City Council Regular Meeting Minutes
December 12, 2013
Page 13 of 20
ORDINANCE NO. 12,436
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO
HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES
FOR THE 2014 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED SIXTY THOUSAND ONE HUNDRED FOUR AND NO 1100
DOLLARS ($160,104.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
It. Consider an ordinance authorizing a professional service agreement with Ward,
Getz & Associates, LLP for design services to refurbish Lift Station No. 6. near Hunters
Chase on South Highway 146.
ORDINANCE NO. 12,437
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 PROFESSIONAL
SERVICES AGREEMENT WITH WARD, GETZ & ASSOCIATES, LLP., FOR
ENGINEERING SERVICES ASSOCIATED WITH THE LIFT STATION NO. 6
EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY -FIVE THOUSAND
FOUR HUNDRED EIGHTEEN AND NO /100 DOLLARS ($65,418.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing a Water Line Upsizing Agreement with Lone
Star 5000 Corporation for the upsizing of an 8 -inch waterline to a 12 -inch water line along
the north side of SH99 from Alexander Dr. to Tri- Cities Beach Road.
ORDINANCE NO. 12,438
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING WATER LINE UPSIZING AGREEMENTS WITH
LONE STAR 5000 CORPORATION AND TEXAS CAPITAL
DEVELOPMENT CORPORATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing a License Agreement with Bay Area Homeless
Services, Inc., for the use of a portion of the alleyway between Minnesota Street and
Wisconsin Street.
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City Council Regular Meeting Minutes
December 12, 2013
Page 16 of 20
He stated that the request is for Council's nominations for the Charter Review Committee, one
from each council member. He stated that the nominee's must be a resident of the City, but does
not have to reside in the Council members district and that the process will start in January. City
Manager Leiper stated that Council is not required to call a Charter Election, but is only required
to appoint a Committee to review the charter and make recommendations. Additionally, he stated
that every three (3) years there must be a Charter Review Committee.
During further discussion, Council Member Capetillo inquired as to what will be the time
requirement for the committee member. City Manager Leiper stated that the committee has at
least a year to do their report, but it would be up to the committee to decide their time schedule.
Council Members nominations were as follows: Renteria nominated Gilbert Hinijosa, Sain
nominated Cliff Clemens, Mayor DonCarlos nominated Dr. Don Murray, and Hoskins
nominated Mr. PiYi Mayo.
Council Members Capetillo, McCartney and Presley needed more time to get confirmation for
their nominations. City Manager Leiper stated that this item will be put on the agenda of the first
meeting in January.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III appointing Gilbert Hinijosa, Cliff Clemens, Dr. Don Murray, and PiYi Mayo to the
Charter Review Committee. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
b. Consider the appointment of Mr. Chris Presley, City Council Member District No.
2, to fill the unexpired term of former City Council Member Scott Sheley to the Baytown
Municipal Development District.
A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member
Mercedes Renteria 111 approving the appointment of Chris Presley to the MDD Board. The vote
was as follows:
City Council Regular Meeting Minutes
December 12, 2013
Page 17 of 20
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
Receive the Mayor's appointment to the Baytown Finance Committee.
Mayor DonCarlos stated that he appoints Council Member Chris Presley to the Baytown Finance
Committee.
d. Receive the Mayor's appointments of one (1) representative and one (1) alternate to
the 2014 Transportation Policy Council and one (1) representative and one (1) alternate to
the 2014 Technical Advisory Committee.
City Manager Leiper presented the agenda item and stated that the Mayor's appointments to the
2014 Transportation Policy Council "TPC" are Council Member Terry Sam as Representative
and Mayor Stephen DonCarlos as the Alternate. He stated that the Mayor's appointments to the
2014 Technical Advisory Committee "TAU are Kelly Carpenter as Representative and Jose
Pastrana as the Alternate.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Mercedes Renteria III approving the Mayor's appointments of Council Member Terry Sain as
Representative and Mayor Stephen DonCarlos as the Alternate to the 2014 " TPC" and Kelly
Carpenter as Representative and Jose Pastrana as the Alternate to the 2014 "TAC ". The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria 111, Council
Member Terry Sain,
Nays: None
Approved
e. Consider the Mayor's appointment of Mr. Pete Cote to the Harris - Galveston
Subsidence District.
Mayor DonCarlos stated that his appointment to the Harris- Galveston Subsidence District is Mr.
Pete Cote.
City Council Regular Meeting Minutes
December 12, 2013
Page 18 of 20
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
Brandon Capetillo approving the appointment of Mr. Pete Cote to the Harris- Galveston
Subsidence District. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
9. DISCUSSIONS
a. Discuss the City Council retreat for 2014.
City Manager Leiper presented the agenda item and stated that the Council retreat for 2014 is
scheduled for Saturday, February 8th from 8:00 A.M. to 1:00 P.M. He stated that he also
requested the attendance of all department directors.
Mayor DonCarlos stated that he asked administration to give Council some financial projections
on what the impact the budget is going to be over the next five (5) years and beyond. He
requested that each Council Member drive through their districts and think about projects,
infrastructure, streets, parks, and public improvements that would add to the quality of life,
safety, and overall improvement of the City.
10. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.074 to deliberate the annual performance evaluation of the City Manager.
b. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.074 to deliberate the annual performance evaluation of the Municipal Court
Judge.
At 7:40 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the
City Manager and the Municipal Court Judge.
At 8:21 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular
Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings
Act, no action was taken in the Executive Session.
City Council Regular Meeting Minutes
December 12, 2013
Page 19 of 20
11. MOTIONS
a. Discuss and take appropriate action regarding the City Manager's annual
performance evaluation and consider an ordinance authorizing the First Amendment to
the Agreement for Professional Services and Employment as City Manager with Robert D.
Leiper.
Mayor DonCarlos stated that the Council Members were pleased with City Manager Leiper's
performance as City Manager and his decision to extend his services for at least one more yew.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern
Robert C. Hoskins approving the first amendment to the Agreement for Professional Services
and Employment as the City Manager with Robert D. Leiper. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Saint,
Nays: None
Approved
b. Discuss and take appropriate action regarding the Municipal Court Judge's annual
performance evaluation.
C. Consider the appointment of Julie Escalante as Municipal Court Judge for a term of
office beginning February 01, 2014, and ending on January 31, 2016.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Brandon Capetillo appointing Julie Escalante to another term of two (2) years with a
salary increase of $1,000 per year. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria III, Council
Member Terry Sain,
Nays: None
Approved
12. MANAGER'S REPORT
a. The City of Baytown will be picking up Christmas trees curbside from January 02,
2014 through January 17, 2014.
City Council Regular Meeting Minutes
December 12, 2013
Page 20 of 20
City Manager Leifer presented the agenda item and stated that the Christmas tree curbside pick-
up will start on Thursday, January 2nd through Friday, January 17th.
b. City of Baytown offices will be closed on Tuesday, December 24th and Wednesday,
December 25th, 2013, in observance of Christmas and on Wednesday, January Ist, 2014, in
observance of New Years.
City Manager Leiper stated that the City of Baytown offices will be closed on Tuesday,
December 24th and Wednesday, December 25th, 2013. He stated that the City offices will be
open on New Years Eve, but will close at 2:00 P.M.
City Manager Leiper stated that the Fire Training Academy ribbon cutting will be on
Wednesday, December 18th at 5:00 P.M., and that the reception for former Council Member
Sheley will be on Thursday, January 23rd at 6:00 P.M.
13. ADJOURN
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Brandon Capetillo adjourning the December 12, 2013, City Council Regular Meeting.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Chris Presley, Council Member Mercedes Renteria 111, Council
Member Terry Sain,
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the December 12,
2013, City Council Regular Meeting at 8:28 P.M.