2009 02 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
February 26, 2009
The City Council of the City of Baytown, Texas met in a Regular Meeting on Thursday,
February 26, 2009, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Lena Yepez Council Member
Brandon Capetillo Council Member
Terry Sain Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Bob Leiper Deputy City Manager
Kevin Troller Assistant City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
Council Member Lynn Caskey was absent from the February 26, 2009, City Council
Meeting.
Pledge of Allegiance, Texas Pledge and Invocation led by Council Member Scott Sheley.
6:34 P.M. Mayor DonCarlos convened the February 26, 2009, Regular Meeting with a
quorum present.
1. MINUTES
a. Considered approval of the minutes from the Special Meeting on February 3,
2009 and the Regular Meeting on February 12, 2009.
Motion was made by Council Member Sain, seconded by Council Member McCartney
approving the minutes from the February 3, 2009, City Council Special Meeting and
February 12, 2009, City Council Regular Meeting. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
Page 2 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Recognition: Peter Buenz and His Years of Service with Baytown Area
Water Authority—City Manager.
Recognized and awarded Mr. Peter Buenz for his dedicated service to the Baytown Area
Water Authority and the City of Baytown.
As a long term board member and current President of the Baytown Area Water
Authority, Peter Buenz' commitment to continuously improving the quality of life for
Baytown citizens has made him a leader in our community. From the ground breaking
for the current BAWA facility, through the difficult process of installing two major
transmission lines, Peter has continued to encourage the smart growth of Baytown's water
system. Under his watch, BAWA continues to earn the designation of Superior Water
System from the State of Texas. Serving on the board of the Harris - Galveston County
Subsidence District from 1981-1991, Peter work diligently to mitigate coastal flooding
caused by removal of ground water and hurricanes.
The City Manager asked that the audience join him in recognizing his 34 years of
excellent service to the residents of Baytown. We are not alone in recognizing Peter's
contributions to our area. In December of last year, Peter Buenz was named a
Distinguished Engineering Graduate of the University of Texas at Austin for his
continued support and efforts in the field of Chemical Engineering.
b. 2008 Beautify Business Award of the Year - Beautification Advisory
Committee.
Baytown Beautification Advisory Committee, Sub-committee reported, on the Beautify
Baytown Business Awards for the Calendar Year of 2008; and presented the 2008
Beautify Business Award of the Year.
On August 25, 2005, the City Council adopted Ordinance 10,132 establishing the
Baytown Beautification Advisory Commission. The purpose of the Commission is to
serve as an advisory board to the City Council and to promote public interest in the
general improvement of the environment of the City, to initiate, plan, direct and
coordinate programs for litter control and neighborhood improvement in conjunction
with, and in voluntary cooperation of citizens, governments, businesses and industries
within the City on a sustained basis.
The Visual Enhancement Committee is a Sub-Committee of the BBAC. It was formed in
March 2006 to publicly recognize commercial entities that make marked improvements
and/or maintain the attractiveness of their businesses.
The awards are given quarterly with up to 2 winners each quarter. The quarterly winners
are presented with an outdoor sign that remains on their premises for the duration of their
quarter along with recognition in the Baytown Sun.
Page 3 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
The criteria for choosing the quarterly winner(s) are: the building(s) are continuously
kept in great shape; the grounds are continuously manicured— litter free; flower beds are
weed-free and very colorful, very well planned and maintained landscaping; great pride
displayed by the business; businesses have gone above and beyond the basic landscape
ordinance.
First Quarter 2008 winners are: Dr. Deborah Hohn; Shady Creek Apartments.
Second Quarter 2008 winners are: Crespo & Jirrels Funeral and Cremation Services; Dr.
Dean Hutto.
Third Quarter 2008 winners are: Harris County Insurance; Community Resource Credit
Union.
Fourth Quarter 2008 winners are: Uncle Bob's Storage; Luna's Mexican Restaurant.
An overall winner was chosen from these winners at the end of each year. The 2008
overall winner received an outdoor sign to keep for the duration of 2009 along with a
special plaque.
Overall Winner is: Luna's Mexican Restaurant.
c. Recognition: Presented the Youth of the Month Award - Parks and
Recreation.
Presented the February Youth of the Month Award to Clay Dippel, a senior at Ross S.
Sterling High School.
The City of Baytown recognized an outstanding young man, Mr. Clay Dippel, for Youth
of the Month for February 2009. Mr. Dippel, a senior at Ross S. Sterling High
School, has over the course of many years demonstrated an outstanding record of
leadership through service and commitment to his school and community. Academically,
Clay is in the top 10 of his class at Sterling and has maintained all A's throughout his
high school career. His involvement also includes the Key Club, Red Cross Club,
National Honor Society, Good Sportsmanship League, and Teen Library Board. His
extra-curricular activities include being the principal trumpet player of the Sterling Wind
Ensemble, Jazz Band, and Brass Captain of the marching band. He also serves as the
Chairman of the Baytown Youth Advisory Commission and was elected to the House of
Representatives at Texas Boys State. Clay has been awarded as an AP Scholar and a
recipient of the Hugh O'Brien Youth Leadership Award.
Baytown is a better place with young people like Clay living in it. We congratulate Clay
on this honor and wish him best of luck with his future endeavors.
d. Recognition: Mayor and City Manager recognized BAMACO, Beck Disaster
Recovery, and DRC -Purchasing.
Page 4 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
The Mayor and Assistant City Manager, Kevin Troller, recognized the three contracting
companies that assisted Baytown in the debris cleanup. The three companies recognized
were: Beck Disaster Recovery, BAMACO, Inc., and DRC.
e. Recognition: Years of Service Awards -Human Resources.
City Manager introduced employees with 5, 10, 15, 20, and 25 years of service to the
City of Baytown.
Recognized for five (5)years of service: Susan Chandler, Christopher Cain, Jason Garza,
Blake Moye, William Nelson, and Casey Schneiter; recognized for ten (10) years of
service: Joel Willie; recognized for fifteen (15) years of service: Yvonne Lopez;
recognized for twenty (20) years of service: Debra Barnes and John Carr; and recognized
for twenty-five (25)years of service: Harold Cheek.
f. Recognition: Team of the Month -Human Resources.
City Manager recognized the Team of the Month for the City of Baytown.
The February Team of the Month is from Public Works: Utility Construction and Water
Distribution Divisions. These employees were being recognized for their proficiency and
effective team-work practices while getting a large section of the main trunk line of the
City's Water Distribution System completed ahead of schedule.
Team Members include: Roy Rodriguez, Kevin Hilyard, Thomas Rogers, Andrew
Delgado, Shane Rowlan, Fred Johnson, Paul Lockett, Donald Curry, and Guadalupe
Quintero.
3. PUBLIC HEARINGS
a. Public Hearing: Proposed Initiative Ordinance Exempting Certain Stand-
Alone Bars from the Smoking Ordinance - City Clerk.
City Manager Brumback presented the agenda item.
Conducted the Public Hearing on the proposed initiative ordinance which exempts certain
Stand-Alone Bars from the requirements of the Smoking Ordinance.
On February 12, 2009, the City Clerk certified the initiative petition as sufficient, meeting
the Charter and the Election Code. Notice of the Public Hearing was published in The
Baytown Sun on Tuesday, February 17, 2009 and Wednesday, February 18, 2009.
The Charter of the City of Baytown in Article X, Section 103, requires City Council to
hold a Public Hearing allowing interested parties the right to appear and be heard
Page 5 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
regarding the proposed initiative ordinance which exempts certain Stand-Alone Bars
from the requirements of the Smoking Ordinance.
6:51 P.M. Mayor DonCarlos opened the Public Hearing.
Claudia Rodas, 6301 Richmond, Houston, TX 77057, Dennis Heyen, 2200 Buchanan Dr.,
Baytown, and Halena Hellums, 2539 Doral Dr., Baytown each registered to address the
Council regarding item 3.a. and opposed the proposed ordinance. Gay Craig, 4218 N.
Hwy 146, Baytown, and Gloria Bashrum, 8102 Bayside, Baytown each registered to
address the Council regarding item 3.a. and deferred their minutes to James Haarmeyer.
James Haarmeyer, 8102 Bayside, Baytown, Tammy A. Miller, 1205 N. Fifth, Baytown,
Sylvia Hallum, 729 Chance Lane, Baytown, Bette Efferson, 122 Gulls Cut North,
Baytown, and Pamela Medellin, 4021 Garth Rd, Baytown each registered to address the
Council regarding item 3.a. and supported the proposed ordinance.
7:27 P.M. Mayor DonCarlos closed the Public Hearing.
4. PROPOSED ORDINANCES
a. Agreement for Advertising Services for the 7th Annual Bayou Bowl - City
Management.
City Manager Brumback presented the agenda item.
Ordinance 11,070 approved a contract with the Bayou Bowl Association for advertising
services related to the 2009 Bayou Bowl.
The 2009 Bayou Bowl will be held at Stallworth Stadium on June 13, 2009. The
Agreement for Advertising Services for the 7th Annual Bayou Bowl is for tourism-
related services to increase out-of-town attendance at the game and to promote other
attractions in Baytown to lengthen visitors' stays. The request of $55,000 is the same
as the 2008 level of funding. There were no substantive changes in the agreement from
last year. Ordinance 11,070 authorized the agreement with the Bayou Bowl and approved
the Bayou Bowl's budget for operations funded by the agreement.
Motion was made by Council Member Sheley seconded by Council Member Capetillo
approving Ordinance 11,070. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
Page 6 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
ORDNANCE 11,070
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 ADVERTISING SERVICES FOR THE 7TH
ANNUAL BAYOU BOWL WITH THE BAYOU BOWL
ASSOCIATION; AUTHORIZING PAYMENT IN AN AMOUNT NOT
TO EXCEED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS
($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Ratifying Change Order No. 1 to the James Street Water Well Repair
Project- City Management.
City Manager Brumback presented the agenda item.
Ordinance 11,071 ratified Change Order No. 1 to the James Street Water Well Repair
Project.
Ordinance 11,071 ratified Change Order No. 1 to the James Street Water Well Repair
Project in the amount of$38,000. On February 28, 2008, the City Council of the City of
Baytown authorized a contract with Weisinger Water Well, Inc., for the James Street
Water Well Repair Project in the amount of$219,800. After the commencement of the
work, it was determined that the obstruction originally seen from a camera survey was
more extensive than originally thought-- namely there was a buckling of the casing and a
hole in the mill slot screen section of the well. In order to repair the well, a change order
was submitted in the amount of $38,000. The City Council gave the City Manager the
general authority to approve change orders up to 25% of the contract amount, not to
exceed $25,000. This limitation was collectively missed by the City staff reviewing and
approving the change order. It is surmised that the standard $50,000 limit on
administrative contract execution caused the oversight. The change order was executed
and the project was successfully completed. Weisinger Water Well, Inc., has been paid
for its services. Although this item should have been brought before the City
Council prior to the authorization for the additional work last year, it is now being
brought to the City Council for ratification of staffs action and for full disclosure.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving Ordinance 11,071. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
Page 7 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
ORDINANCE 11,071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RATIFYING CHANGE ORDER NO. 1 TO THE
JAMES STREET WATER WELL REPAIR PROJECT AND THE
EXPENDITURE OF THIRTY-EIGHT THOUSAND AND NO/100
DOLLARS ($38,000.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
c. City Council Ethics Ordinance.
City Manager Brumback presented the agenda item.
Gloria Bashrum, 8102 Bayside, Baytown registered to address the City Council regarding
item 4.c. and deferred her minutes to James Haarmeyer.
James Haarmeyer, 8102 Bayside, Baytown registered and addressed the City Council
regarding item 4.c.
Ordinance 11,072 implemented a City Council Ethics Ordinance.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 11,072. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 2
"ADMINISTRATION," ARTICLE IV "BOARDS AND
COMMISSIONS" OF THE CODE OF ORDINANCES OF THE CITY
OF BAYTOWN, TEXAS, BY ADDING A NEW DIVISION TO BE
NUMBERED AND ENTITLED DIVISION 14 "ETHICS
COMMISSION" TO ESTABLISH AN ETHICS COMMISSION FOR
THE CITY OF BAYTOWN; AMENDING CHAPTER 2
"ADMINISTRATION" BY ADDING A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE VIII "CODE OF ETHICS"
TO ESTABLISH STANDARDS OF CONDUCT APPLICABLE TO
OFFICERS, BOARD MEMBERS AND CERTAIN EMPLOYEES OF
THE CITY AND TO ESTABLISH PROCEDURES FOR HEARING
Page 8 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
VIOLATIONS OF THE STANDARDS SO ADOPTED; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING PENALTIES FOR VIOLATIONS OF THE
STANDARDS; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
d. Amending the Code of Ordinances, Chapter 42 "Health and Sanitation",
Article III "Smoking" -Exempting Certain Stand Alone Bars - City Clerk.
City Manager Brumback presented the agenda item.
Gloria Bashrum, 8102 Bayside, Baytown registered to address the City Council regarding
item 4.d. and deferred her minutes to James Haarmeyer.
James Haarmeyer, 8102 Bayside, Baytown and Doug McBee, 4539 Garth Rd., Baytown
each registered and addressed the City Council regarding item 4.d.
Proposed Smoking Ordinance amended the Code of Ordinances, Chapter 42 "Health and
Sanitation", Article III "Smoking", which exempts certain Stand Alone Bars from the
requirements of the Smoking Ordinance.
A Committee of Electors filed and presented an Initiative Petition to the City Clerk of the
City of Baytown on January 30, 2009. The City Clerk certified the sufficiency of the
petition to the City Council on February 12, 2009, and Assistant City Manager, Kevin
Troller, read the Proposed Smoking Ordinance into the record. The City Council called
for a Public Hearing which has been scheduled and publicized for February 26, 2009.
Mayor DonCarlos requested a motion from the City Council Members.
There was no motion made by the City Council Members.
e. Calling a Special Election concerning the Initiative Ordinance - City Clerk.
Ordinance 11,073 called a May 9, 2009, Special Election in accordance with Article X,
Section 104 of the Charter of the City of Baytown to submit to the electors a proposed
initiative ordinance, which exempts certain Stand Alone Bars from the requirements of
the Smoking Ordinance.
In accordance with the Charter, the City Council shall consider the proposed initiative
ordinance and must take final action on the ordinance within a sixty-day period. During
such sixty-day period, the City Council may adopt the ordinance, adopt a different
version of the ordinance, or call an election to submit the proposed initiative ordinance to
the voters. However, should the City Council adopt the proposed ordinance in a different
form than what was submitted, the City Council must still call an election on the
submitted ordinance. If the proposed initiative ordinance is ultimately passed by the
voters, the City Council may amend or repeal the same as in the case of other ordinances.
Page 9 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
Ordinance 11,073 called a Special, City-Wide Election for May 9, 2009, and contains
possible ballot language for such election for the City Council's review and approval.
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving Ordinance 11,073. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, Sheley
and Mayor DonCarlos.
Nayes: None.
Council Member McCartney recused himself from agenda item 4.e.
The motion carried.
ORDINANCE 11,073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS ORDERING A SPECIAL ELECTION TO BE
HELD ON THE 9TH DAY OF MAY, 2009, FOR THE PURPOSE OF
CONSIDERING A PROPOSED INITIATIVE ORDINANCE WHICH
EXEMPTS CERTAIN STAND-ALONE BARS FROM THE
REQUIREMENTS OF THE SMOKING ORDINANCE; DESIGNATING
THE PLACES AND MANNER OF HOLDING SAID ELECTION;
PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL
COUNTING STATION; PROVIDING FOR AN EARLY BALLOT
BOARD FOR EARLY BALLOTS; ESTABLISHING CERTAIN
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
MAILING, POSTING AND PUBLICATION OF NOTICE.
Agenda Item 4.f. followed agenda item 10.
f. Earnest Money Contract for the Purchase of Property- City Management.
Ordinance 11,081 authorized the City Manager to negotiate and execute an Earnest
Money Contract for the purchase of property in Baytown for a future development
project for a sales price not to exceed $55,000.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 11,081. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
Page 10 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
The motion carried.
ORDNANCE 11,081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN EARNEST MONEY AGREEMENT
FOR PROPERTY LOCATED IN BAYTOWN FOR A DEVELOPMENT
PROJECT; AUTHORIZING PAYMENT OF A SALES PRICE FOR
SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE
THOUSAND AND NO/100 DOLLARS ($55,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. PROPOSED RESOLUTIONS
a. ExxonMobil 2009/2010 Contribution -Library.
City Manager Brumback presented the agenda item.
Resolution 1968 accepted a $22,500 contribution from Exxon Mobil Corporation in
support of the Children, Literacy, Reading and Cultural Enrichment Programs of the
Sterling Municipal Library. The funds donated are proposed to be expended for such
programs as follows:
Science Materials (Primarily for Children) $5,500
Literacy Materials 5,000
Reading and Cultural Enrichment 12,000
Motion was made by Council Member Sain, seconded by Council Member Capetillo
approving Resolution 1968. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1968
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM
EXXON MOBIL CORPORATION IN THE AMOUNT OF TWENTY-
TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($22,500.00) SUPPORTING THE CHILDREN, LITERACY, READING
AND CULTURAL ENRICHMENT PROGRAMS OF THE STERLING
Page 11 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
MUNICIPAL LIBRARY; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
6. MOTIONS
a. Clarification of the Mission of the Citizens' Task Force on the Unified Land
Development Code-Planning and Development.
Discussed and considered clarification of the mission of the Citizen's Task Force on the
Unified Land Development Code.
The City Council established a Citizens Task Force to assist in the preparation of a
Unified Land Development Code. The 10/23/08 Work Session Minutes reflected the
City Council discussion whereby the Council preferred an additional level of citizen
participation and the Planning and Zoning Commission. The consensus of the Council
preferred a non-voting, Sub-Committee. The "Mission" presented to the Task Force at
the Joint Meeting, January 15, 2009, reflected that standards need to be more flexible and
specialized, and a code to attract not only first and second tier retail, but third tier. The
City of Baytown needs a blue print that balances property rights and municipal planning.
At the meeting on February 5, 2009, the Task Force stated its preferred Mission as
follows: "To confine the efforts of the Task Force to the zoning aspects of a Unified
Development Code and nothing else." This item is to clarify the Task Force's mission.
Motion was made by Council Member Yepez, seconded by Council Member McCartney
confirming the clarification of the mission for Agenda Item 6.a. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
7. REPORTS
a. Presented the Racial Profiling Report- Police Department.
The Chief of Police presented the 7th Annual Racial Profiling Report to City Council.
8. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Consent Items: 8.a., 8.b., 8.c., 8.d., 8.e., 8.f., and 8.g. The vote was as
follows:
Page 12 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
a. Ordinance 11,074: CDBG Housing Rehabilitation Projects 3218 Iowa, 307
W. Gulf, and 800 Wheatley- Planning and Development.
Ordinance 11,074 awarded three Housing Reconstruction Projects to Southwest
Innovations, Inc. under the Owner-Occupied Housing Rehabilitation Program for low-
income persons. Notices of the bid package were published in the Baytown Sun and
mailed directly to 20 contractors from the approved contractors list. Notices were also
posted with Construction Data, which is delivered to over 600 Houston area contractors.
Seven contractors picked up the bid packages and attended the mandatory pre-bid
conference. Three of the contractors submitted a bid and one submitted a "no bid".
The Housing Reconstruction Project located at 3218 Iowa is proposed in the amount of
$49,783.50 to construct a three bedroom, one bath, approximately 1035 square foot
home. The existing 1413 square foot home was built in 1928 and requires extensive
repairs to make it code compliant. The work write-up estimate is $41,285 for repairs,
which exceeds the program's $25,000 limit to make repairs. This structure needs to be
demolished and rebuilt.
The Housing Reconstruction Project located at 307 W. Gulf is proposed in the amount of
$49,783.50 to construct a three bedroom, one bath, approximately 1035 square foot
home. The existing 952 square foot home was built in 1930 and requires extensive repairs
to bring it into code compliance. The work write-up estimate is $45,079, which exceeds
the program's $25,000 limit to make repairs. This structure needs to be demolished and
rebuilt.
The Housing Reconstruction Project located at 800 Wheatley is proposed in the amount
of $49,783.50 to construct a three bedroom, one bath, approximately 1035 square foot
home. The existing 1798 square foot home was built in 1940 and requires extensive
repairs to make it code compliant. The work write-up estimate is $61,538 for repairs,
which exceeds the program's $25,000 limit to make repairs. This structure needs to be
demolished and rebuilt.
ORDINANCE 11,074
AN ORDNANCE OF THE CITY COUNCIL, CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF SOUTHWEST INNOVATIONS,
INC., FOR HOUSING REHABILITATION PROJECTS LOCATED AT
307 W. GULF, 3218 IOWA, AND 800 WHEATLEY; AUTHORIZING
PAYMENT IN AN AMOUNT OF ONE HUNDRED FORTY-NINE
Page 13 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
THOUSAND THREE HUNDRED FIFTY AND 50/100 DOLLARS
($149,350.50); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Ordinance 11,075: MDD Interlocal for Parks Master Plan - City
Management.
Ordinance 11,075 authorized an Interlocal Agreement with the Baytown Municipal
Development District for funding the development of a Parks, Recreation, Open
Space and Greenway Master Plan. Pursuant to the proposed agreement, the MDD would
provide funding up to $100,000 for the development of the plan. The MDD
reprogrammed funds for this purpose at the February 5th meeting. The MDD will
consider the proposed Interlocal Agreement at the March 5th meeting.
ORDINANCE 11,075
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
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT FOR FUNDING OF THE
DEVELOPMENT OF A PARKS, RECREATION, OPEN SPACE AND
GREENWAY MASTER PLAN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Ordinance 11,076: H-GAC Purchase of One 2-1/2 Ton Utility Truck for
Water Distribution Department- Purchasing.
Ordinance 11,076 authorized the purchase of one (1) 2010 Freightliner M2-106-70 2-1/2
ton utility truck from Houston Freightliner/Sterling, through H-GAC, for a total amount
of$84,309.00. H-GAC fee of$1,000.00 is included. The utility truck is a replacement
for Unit #59896, a 1998 GMC utility truck, with over 72,119 miles and 4,916 hours. The
utility truck will be used by the Water Distribution Department.
Typically, at the beginning of the fiscal year, all vehicles and equipment are grouped
together to present to Council at one time. However due to Hurricane Ike and the need to
preserve capital, all vehicles will be released for purchase intermittently as their need is
required and funding pre-approved.
ORDINANCE 11,076
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-
FOUR THOUSAND THREE HUNDRED NINE AND NO/100
DOLLARS ($84,309.00) TO HOUSTON FREIGHTLINER/STERLING
THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR
Page 14 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
THE PURCHASE OF ONE 2010 FREIGHTLINER M2-106-70 2-1/2
TON UTILITY TRUCK; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Ordinance 11,077: H-GAC Purchase of One (1) 2009 Chevrolet Silverado
1500 Extended Cab Pickup Truck for the Purchasing/Facility Maintenance Dept. -
Purchasing.
Ordinance 11,077 authorized the purchase of one (1) 2009 Chevrolet 1500 Silverado
extended cab pickup for the Purchasing Division-Facility Maintenance Section from
Caldwell Country Chevrolet, through H-GAC, in the amount of$25,110.00. The H-GAC
fee of$600.00 is included in the total amount. The new pickup will be utilized by the
Facility Maintenance Coordinator which is a new position. The Facility Maintenance
Coordinator oversees all issues regarding maintenance of facilities including plumbing,
electrical, air-conditioning, etc.
Typically, at the beginning of the fiscal year, all vehicles and equipment are grouped
together to present to Council at one time. However, due to Hurricane Ike and the need
to preserve capital, all vehicles will be released for purchase intermittently as their need
is required and funding pre-approved. Therefore, all vehicles for the balance of this fiscal
year will be sent to Council even though they may be under the $50,000 threshold
necessary for Council approval.
ORDINANCE 11,077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY-
FIVE THOUSAND ONE HUNDRED TEN AND NO/100 DOLLARS
($25,110.00) TO CALDWELL COUNTRY CHEVROLET THROUGH
THE HOUSTON-GALVESTON AREA COUNCIL FOR THE
PURCHASE OF ONE 2009 CHEVROLET 1500 SILVERADO
EXTENDED CAB PICKUP FOR THE PURCHASING DIVISION --
FACILITY MAINTENANCE SECTION; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Ordinance 11,078: H-GAC Purchase of One (1) 2009 Ford Police Interceptor
and One (1) 2009 Ford F-150 Super Cab Pickup for the Police Department -
Purchasing.
Ordinance 11,078 authorized the purchase of one (1) 2009 Ford Police Interceptor and
one (1) 2009 Ford F-150 Super Cab Pickup with Super-crew upgrade from Philpott
Motors, Ltd., through H-GAC, for a total amount of $45,732.60. The H-GAC fee of
$600.00 is included in the total cost. The new police vehicle is a replacement for Unit
#0100, 2001 Ford Police Interceptor with 116,680 miles. The Super Cab Pickup is a
Page 15 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
replacement for Unit #0275, 2002 Chevrolet Silverado Pickup with 128,551 miles.
Typically, at the beginning of the fiscal year, all vehicles and equipment are grouped
together to present to council at one time. However due to Hurricane Ike and the need to
preserve capital, all vehicles will be released for purchase intermittently as their need is
required and funding pre-approved. Therefore, all vehicles for the balance of this fiscal
year will be sent to council even though they may be under the $50,000 threshold
necessary for council approval.
ORDINANCE 11,078
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY-
FIVE THOUSAND SEVEN HUNDRED THIRTY-TWO AND 60/100
DOLLARS ($45,732.60) TO PHILPOTT MOTORS, LTD., THROUGH
THE HOUSTON-GALVESTON AREA COUNCIL FOR THE
PURCHASE OF ONE 2009 FORD POLICE INTERCEPTOR AND ONE
2009 FORD F150 SUPER-CAB PICKUP WITH SUPER-CREW
UPGRADE; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTWE DATE THEREOF.
f. Ordinance 11,079: Third Renewal of the Annual Mowing, Edging, and
Trimming Services Contract-Purchasing.
Ordinance 11,079 awarded the Third Renewal of the Annual Mowing, Edging and
Trimming Services Contract in the amount of $203,024.30. Truegreen Landcare
submitted a written request to renew Section IV- Lift Stations and Well Sites for the same
pricing, terms and conditions. Grant Smith Mowing submitted a written request to renew
the remaining sections with the allowable 1% consumer price index. Both contractors
provide excellent service. Total award is as follows:
SEC. I-Parks Contract Mowing Sites including:
Wayne Gray Sports Complex Ball Fields $68,355.72 Grant Smith Mowing
SEC. II-Bayland Park&Marina $11,716.34 Grant Smith Mowing
SEC. III-Community Beautification Sites $43,274.08 Grant Smith Mowing
SEC. V-City Facilities $43,338.16 Grant Smith Mowing
TOTAL: $166,684.30
SEC. IV—Lift Stations and Well Sites $36,340.00 Trugreen Landcare
ORDINANCE 11,079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE CONTRACT OF GRANT
SMITH MOWING AND TRUGREEN LANDCARE FOR THE
ANNUAL MOWING, EDGING AND TRIMMING SERVICES
Page 16 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWO HUNDRED THREE THOUSAND
TWENTY-FOUR AND 30/100 DOLLARS ($203,024.30); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
g. Ordinance 11,080: Change Order No. 1 to the Annual Electrical Services
Contract-Public Works.
Ordinance 11,080 authorized Change Order No. 1 to the Annual Electrical Services
Contract in the amount up to $50,000. The City Council awarded the annual contract to
Baytown Electric Company in the amount of$200,000 on April 24, 2008 via Ordinance
10,882. The proposed change order increases the original contract price by 25%, which
is the maximum allowed pursuant to the competitive bid law.
The Annual Contract is used by numerous City departments for electrical repairs and
maintenance. This work includes bucket-truck work for lighting in our parking lots and
ball fields as well as general electrical services for all other facilities including water
wells and sewer lift stations. The damage caused by Hurricane Ike greatly increased the
utilization of this annual contract while we were getting City facilities repaired. This
Change Order is necessary to allow the installation of the new generator for the City Hall
complex to be connected in a timely manner. There are also repair projects at various
sports fields that need to be completed prior to the start of their season.
This Change Order will complete all of the expenditures allowed under this contract. A
renewal of this contract for an additional year, as provided for in the contract, will be
placed on the March 12th agenda for Council consideration.
ORDINANCE 11,080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO
THE ANNUAL ELECTRICAL SERVICES CONTRACT WITH
BAYTOWN ELECTRIC COMPANY FOR ADDITIONAL
ELECTRICAL SERVICES; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
9. APPOINTMENTS
a. Appointments: Unified Land Development Code Task Force.
Considered Council Members Yepez (District 1) and Caskey (District 5) nominations to
the Unified Land Development Code Task Force.
Page 17 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
The ULDC Task Force is made up of seven members, one nominated by each member of
Council. Task Force Members Teresa Espinoza and David Snell have tendered their
resignations from the Unified Land Development Code Task Force effective
immediately. Ms. Espinoza was nominated by Council Member Yepez and Mr. Snell was
nominated by Council Member Caskey. Appointments need to be made to complete the
remainder of their terms.
Consensus of the City Council was to move item 9.a. to the March 12, 2009, City Council
Meeting.
b. Appointments: Select the Chair for the Tax Increment Reinvestment Zone
Number One and Redevelopment Authority Board.
Considered the appointment for the Chair of the Tax Increment Reinvestment Zone
Number One, City of Baytown and the Baytown Redevelopment Authority Board.
Dr. Don Murray served as the Chair of the Baytown Redevelopment Authority and the
Tax Increment Reinvestment Zone One since its formation in 2001. Dr. Murray recently
resigned his position on the Boards, and the Council appointed Terry Sain. The Chair for
the Redevelopment Authority and the Reinvestment Zone is selected by the City Council.
The current members of those Boards are: Gilbert Santana, Mike Wilson, John Strausser,
Reggie Brewer, Judy Dubose, Terry Sain, Steve Evans (Lee College), Brenda Bradley
Smith(Harris County).
Dr. Murray's term as Chair ended December 31, 2008. The new Chairperson will serve
as Chair until December 31, 2009.
Motion was made by Council Member Capetillo and seconded by Council Member
Yepez naming Terry Sain as the Chair for the Tax Increment Reinvestment Zone Number
One and the Redevelopment Authority Board.
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
c. Appointments: Baytown Housing Authority Board.
Considered the Mayor's two (2) appointments to the Baytown Housing Authority Board.
Since there was no Work Session on February 12, 2009 this will be the first time this item
will be seen by City Council.
Appointed by the Mayor, the Baytown Housing Authority Board consists of five (5)
Commissioners, of which, no person who is an officer or employee of the City of
Page 18 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
Baytown or who lives outside a radius of five (5) miles beyond the corporate limits of
said City, shall be appointed. Members are eligible for reappointment for subsequent
terms; however,resident members may only serve two (2) consecutive terms.
The following Members' terms will expire on March 31, 2009: Maria Guillory (Resident)
and Tony Roberson.
Maria Guillory (Resident) and Tony Roberson are eligible for reappointment and desire
to continue to serve on this Board for the term March 1, 2009,through March 1, 2011.
Mayor DonCarlos requested that agenda item 9.d. be moved to the March 12, 2009, City
Council Meeting.
d. Appointments: Baytown Housing Finance Corporation Board.
Considered two (2) appointments to the Baytown Housing Finance Corporation Board.
Since there was no Work Session on February 12, 2009 this will be the first time this item
will be seen by City Council.
Appointed by the City Council, the Baytown Housing Finance Corporation Board is
composed of five (5) commissioners, of which, no person who is an officer or employee
of the City of Baytown or who lives outside a radius of five (5) miles beyond the
corporate limits of said City shall be appointed. Members are eligible for reappointment
for subsequent terms; however, resident members may only serve two consecutive terms.
The following members' terms will expire on March 31, 2009: Maria Guillory (Resident)
and Tony Roberson.
Ms. Mary Guillory (Resident) and Mr. Tony Roberson are eligible for reappointment and
desire to serve on this Board for the term April 1, 2009,through March 31, 2011.
Mayor DonCarlos requested that agenda item 9.d. be moved to the March 12, 2009, City
Council Meeting.
e. Appointments: Baytown Library Board.
Considered four (4) appointments to the Baytown Library Board. Since there was no
Work Session on February 12, 2009 this will be the first time this item will be seen by
City Council.
The Baytown Library Board is a seven (7) member board of qualified voters and
residents appointed by the City Manager with Council approval. Members shall serve
two (2) year terms with four (4) members being appointed in odd numbered years and
three (3) members being appointed during even numbered years. Members may not serve
more than three (3) consecutive two-year terms.
Page 19 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
The Library Board shall promulgate general rules and regulations covering the policies
and operations of the Library Department after the same have been studied and approved
by the City Council. The Library Board is authorized and directed to recommend one or
more librarians to the City Manager for his consideration. Also, working with the
Librarian and City Manager, they shall recommend the number, qualifications, and
salaries to be paid to the library staff
The following members' terms will expire on March 1, 2009: Don Coffey, Gary Englert,
Cindy Barefield and Gene Poirot.
Mr. Gary Englert and Cindy Barefield are eligible for reappointment and desire to
continue to serve on this Board for the March 1, 2009 through March 1, 2011 term.
Don Coffey and Gene Poirot do not desire to be reappointed.
Motion was made by Council Member Sain and seconded by Council Member Capetillo
to reappoint Gary Englert and Cindy Barefield and to appoint Ron Lewis and Tavita
Lopez to the Library Board.
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes:None.
The motion carried.
f. Appointments: Urban Rehabilitation Standards Review Board.
Considered four (4) appointments to the Urban Rehabilitation Standards Review
Board. Since there was no Work Session on February 12, 2009 this will be the first time
this item will be seen by City Council.
The Urban Rehabilitation Standards Review Board is a seven (7)member board
appointed by Council. It is composed of a Registered Architect or Registered Engineer, a
Mortgage Loan Banker, a Building Contractor, a Social or Welfare Worker, and three (3)
Citizens known to have an interest in public affairs. Ex officio members include the
Director of Public Health of the City, Fire Marshal, and Chief Building Inspector.
Members serve two (2)year terms and meet on the first Monday of each month at 3:00
p.m.
Duties include: When in its judgment, the public convenience, health, welfare, safety, or
morals will be substantially served and the appropriate use of the neighboring property
will not be substantially or permanently injured, the board may, in specific cases, after
public notice and public hearing and subject to appropriate conditions and safeguards,
authorize the following variances and special exceptions to the regulations herein
Page 20 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
established and take action relative to the continuance or discontinuance of blighted,
deteriorated, obsolete, and substandard structures within the meaning of this chapter:
a) To hear and decide appeals where it is alleged there is any error on any order,
requirement, decision, or determination made by the chief inspector or consider on its
own motion plans, surveys, and specifications for any proposed repair of structures
coming under the board's jurisdiction.
b) Permit the repair of substandard structures subject to certain requirements pertaining to
the structure or premises as may be deemed necessary to protect adjoining property
owners.
c) Require the vacation of structures deemed unfit for human use or habitation as
provided in this chapter.
d) Require the demolition of structures deemed substandard and unfit for human use and
habitation as provided in this chapter.
e) A variance may be granted when the literal interpretation of this chapter would result
in an unreasonable or unnecessary hardship.
The following members' terms will expire on March 1, 2009: William Gidley, Mortgage
Loan Banker; W. A. McElhannon, Registered Engineer; Tom Cottar III, Interested
Citizen; and Tom Hughes, Building Contractor.
William Gidley, Tom Cottar III and Tom Hughes are eligible for reappointment and
desire to serve on this Board for the March 1, 2009 through March 1, 2011 term.
W.A. McElhannon, Registered Engineer, does not desire to be reappointed.
Motion was made by Council Member Sheley and seconded by Council Member
Capetillo to reappoint William Gidley, Tom Cottar III, and Tom Hughes to the Urban
Rehabilitation Standards Review Board.
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
10. EXECUTIVE SESSION
Public notice is given that the City Council may elect to go into executive session at
any time during the meeting in order to discuss any matters listed on the agenda
when authorized by the provisions of the Open Meetings Act, Chapter 551 of the
Texas Government Code, and that the City Council specifically expects to go into
Page 21 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
executive session on the matters enumerated herein below, if any. In the event the
Council elects to go into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session will be publicly
announced by the presiding officer.
a. Executive Session: Purchase of Property for Development Project.
8:22 P.M. Mayor DonCarlos recessed into and conducted an Executive Session pursuant
to Texas Government Code, Section 551.072 to deliberate the possible purchase of real
property in Baytown for a development project.
8:34 P.M. Mayor DonCarlos reconvened the Open Meeting of the City Council Meeting.
Agenda item 4.f. followed agenda item 10.
11. MANAGER'S REPORT
a. Roseland Park Spray Park Opens for the Summer Season - Parks and
Recreation.
The City of Baytown Parks and Recreation Department announced that the Roseland
Spray Park will open for the 2009 Summer Season on Saturday, March 7, 2009, at 10
a.m.
Roseland Spray Park is located at 100 Roseland Drive. This is the seventh season for the
popular attraction that opened for the first time on May 1, 2002. The Spray Park, a
Municipal Development District funded project, will be open to the public daily from
March 7th through Sunday, November 1st. There is no admission charge at the Spray
Park.
Other supporting facilities include two picnic shelters, a vending depot, public restrooms,
and near-by parking. There is plenty of open grass for sunbathing as well. A 45-foot long
bench arbor that includes several varieties of plant material will provide a cool retreat
from the sun during the hot summer months ahead. The arbor will provide parents and
friends with a comfortable place to watch their children enjoy and play in the Spray Park.
The Spray Park will be open from 10 a.m. to 8 p.m. Monday through Saturday, and from
noon until 8 p.m. on Sundays.
b. Updated the H-GAC Distribution of the CDBG Funds - Emergency
Management.
Updated the H-GAC distribution of the CDBG Funds.
12. ADJOURN
Page 22 of 22 Minutes of the February 26, 2009 City Council Regular Meeting
Motion was made by Council Member Yepez, seconded by Council Member Capetillo
adjourning the February 26, 2009, Regular Meeting. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes:None.
The motion carried.
8:37 P.M. Mayor DonCarlos adjourned the Regular City Council Meeting of February
26, 2009.
Kaythie Darnell, City Clerk
City of Baytown