2006 07 27 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 27, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on July 27, 2006, at 6:30 p.m. in
the Council Chamber of the City of Baytown with the following in attendance:
Brandon Capetillo Council Member
Lynn A. Caskey, II Council Member
Sammy Mahan Council Member
Don Murray Council Member
Scott Sheley Council Member
Mercedes Renteria, III Council Member
Stephen H. DonCarlos Mayor
Gary M. Jackson City Manager
Bob Leiper Deputy City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
The meeting was opened with a quorum present. After a brief introduction by Mayor DonCarlos
and Council Member Sheley regarding his achievements as an Eagle Scout; Bret Mason of Lee
High School led the pledge of allegiance. Council Member Sheley offered the invocation after
which the following business was conducted:
Consider approval of the minutes for the Work Session Meeting held on July 13, 2006 and
the Regular Council Meeting held on July 13, 2006.
Mayor DonCarlos asked for a correction of the spelling of City Manager in the Work Session
Minutes under the following agenda item:
Discuss a proposed franchise agreement with CenterPoint Energy Houston Electric, LLC,
for the use of the public rights-of-way to conduct an electric delivery business in the City
and for other business purposes and the terms of the proposed settlement agreement
pertaining to CenterPoint’s cost of servicing rate filing pending as PUC Docket 32093 and
related filings.
Council Member Capetillo moved to approve the minutes as amended. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, and Sheley
Nays: None
Abstain: Council Member Murray
Mayor DonCarlos
The motion carried.
Page 2 of 18
Minutes of the Regular Session Meeting—July 27, 2006
Mayor DonCarlos announced that items 24 and 25 on the agenda would be called prior to item 2.
Council Member Caskey then announced that, although he does not have a conflict of interest as
defined by law, he will abstain from the discussion and not vote on both items 24 and 25 due to
his relationship with the family involved. Mayor DonCarlos then called items 24 and 25 (out of
order) as follows:
Conduct appeal of Jackie B. Graham, of the decision, of the Urban Rehabilitation
Standards Review Board, ordering the demolition of the storage building 6915 N. Hwy 146,
Baytown, Texas.
City Manager Jackson invited Mr. Gregory Stubbs, Director of Planning and Development
Services for the City of Baytown, to brief Council on the situation. Mr. Stubbs then invited Ms.
Tiffany Foster with the Planning and Development department to provide Council with further
detail on the matter. Ms. Foster explained that the owners have agreed to have the building
moved by August 26, 2006, and brought up to code within a 90 day period (by November 24,
2006). Ms. Foster told Council that if the structure has not been moved nor brought up to code by
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November 24, the City will demolish the building.
Consider affirming or reversing the decision of the Urban Rehabilitation Standards Review
Board ordering the demolition of the storage building located at 6915 N. Hwy 146,
Baytown, Texas, or consider modifying such demolition order, which modification may
include, but not be limited to, staying the demolition order for a period of time established
by the City Council to allow the storage building to be moved to 131 Cove, Baytown, Texas,
and to be brought into compliance with all applicable codes of the City of Baytown, and
authorizing the demolition of the storage building if the structure is not timely moved and
repaired. (Jackie B. Graham appeal).
Council engaged in limited discussion on the 30 day deadline to move the structure and the 90
day deadline to have the building brought up to code. Council also discussed the ramifications
for rain delays while renovating the structure.
Council Member Mahan moved to approve a 30 day deadline to move the structure and a 90 day
deadline to have the building brought up to code pursuant to the agreement drawn by the City
Attorney. Council Member Capetillo seconded the motion. The vote follows.
Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
Abstain: Council Member Caskey
The motion carried.
Following the calling of items 24 and 25 (out of order), Mayor Don Carlos returned to item 2 on
the agenda. Council Member Caskey rejoined discussion and voting for the remainder of the
meeting.
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Minutes of the Regular Session Meeting—July 27, 2006
Citizen Communication: Mike Palmer has requested to address Council concerning the
changing of one or two of the laws in the City of Baytown and law vs. City of Baytown
policies.
Mayor DonCarlos introduced Mr. Palmer who addressed Council regarding an incident that
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occurred during the July 4 celebration at Bicentennial Park. Mr. Palmer explained that he rode
his bicycle, his only means of transportation, to the festivities. Mr. Palmer told Council that
while at the park he was first told by a Precinct 3 officer that he could park his bicycle in the
grass and was then told by another officer that he needed to leave the property. Mr. Palmer
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expressed that he was displeased that he had to miss the July 4 festivities, and suggested that
the City of Baytown install bike racks at Bicentennial Park so that bike-riders could take part in
the celebration as well.
Following Mr. Palmer’s address to Council, discussion regarding bike racks ensued. Council
advised Staff to consider posting signs addressing bicycle policies at parks and to consider
installing bike racks near the pavilion at Bicentennial Park.
Council Member Sheley then applauded Mr. Palmer for bringing his concerns before the City
Council.
Conduct the first public hearing on the proposed annexation submitted by James P.
Hutchison on behalf of Garth-Archer, Charles H. Grube, LTD. the owner of a 1.5878 acre
tract of land situated in the W. C. Railroad Company Survey, Abstract 899 and the W. G.
Boswell Survey, Abstract 1562, Harris County, Texas, and being out of and a part of that
certain called 126.735 acre Tract One conveyed by Florence Godfrey, et al, to Garth-
Archer, Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under
County Clerk’s File No. D806833 of the Deed Records of Harris County, Texas.
Mayor DonCarlos opened the public hearing at 6:50 p.m. City Manager Jackson explained that
the tract of land would be used for a tractor supply store. After reviewing the item and there
being no one signed up to speak, Mayor DonCarlos closed the public hearing at 6:53 p.m.
Conduct the second public hearing on the proposed annexation submitted by James P.
Hutchison on behalf of Garth-Archer, Charles H. Grube, LTD. the owner of a 1.5878 acre
tract of land situated in the W. C. Railroad Company Survey, Abstract 899 and the W. G.
Boswell Survey, Abstract 1562, Harris County, Texas, and being out of and a part of that
certain called 126.735 acre Tract One conveyed by Florence Godfrey, et al, to Garth-
Archer, Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under
County Clerk’s File No. D806833 of the Deed Records of Harris County, Texas.
Mayor DonCarlos opened the public hearing at 6:54 p.m. City Manager Jackson explained that
Council authorized the petition for annexation at a previous Council Meeting and the next order
of business will be the first reading of the Ordinance at the next Council Meeting. After a brief
discussion about the location of the property and the Mayor’s desire to find a more efficient
method of property annexation, Mayor DonCarlos closed the public hearing at 6:58 p.m.
Page 4 of 18
Minutes of the Regular Session Meeting—July 27, 2006
Consider Proposed Ordinance No. 060727-1, is the second reading of the Ordinance
annexing property currently within the extra-territorial jurisdiction of the City of Baytown
and being described as Tract 2 (4F) being that portion of land out of the J.W. Singleton
Survey and recorded in Vol. 3294 at page 225 in the deed records of Harris County, Texas
and Tract 3 (4E) being that portion of land out of the J.W. Singleton Survey and recorded
in Vol. 3306 at page 300 in the deed records of Harris County, Texas. The property is a
City of Baytown park (Barkaloo Park), which currently lies outside the city limits of
Baytown.
City Manager Jackson explained that the City Council conducted the first and second public
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hearings for this annexation on the 25 day of May, 2006 with said notice being published in the
May 15, 2006 issue of the Baytown Sun and posted on the City of Baytown’s website on May
12, 2006.
Council Member Murray moved to approve the Ordinance as presented. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Proposed Ordinance No. 060727-2, places the property annexed into the City of Baytown in
the previous agenda item and being described as Tract 2 (4F) being that portion of land out
of the J.W. Singleton Survey and recorded in Vol. 3294 at page 225 in the deed records of
Harris County, Texas and Tract 3 (4E) being that portion of land out of the J.W. Singleton
Survey and recorded in Vol. 3306 at page 300 in the deed records of Harris County, Texas
in Council District 5. The property is a City of Baytown park (Barkaloo Park), which
currently lies outside the city limits of Baytown.
City Manager Jackson explained that as a city park, Barkaloo Park should be annexed into the
Baytown city limits.
Council Member Caskey moved to approve the Ordinance as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 5 of 18
Minutes of the Regular Session Meeting—July 27, 2006
ORDINANCE NO. 10,365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING TRACT 2 (4F), BEING THAT PORTION OF LAND OUT OF THE J.W.
SINGLETON SURVEY AND RECORDED IN VOL. 3294 AT PAGE 225 IN THE DEED
RECORDS OF HARRIS COUNTY, TEXAS, AND TRACT 3 (4E), BEING THAT PORTION
OF LAND OUT OF THE J.W. SINGLETON SURVEY AND RECORDED IN VOL. 3306 AT
PAGE 300 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, TO COUNCIL
DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060727-3, amending Chapter 2 “Administration,”
Article V “Finance,” Division 2 “Administrative Fees and Charges” of the Code of
Ordinances, Baytown, Texas, to add two new sections to be numbered and entitled Section
2-619 “Service charge on returned checks for non-sufficient funds and for all other unpaid
transfers via electronic payment instruments” and Section 2-620 “Method of payment on
returned checks” to establish a $25.00 service charge on dishonored checks, drafts and
other instruments and to require for a six-month period payment in cash or equivalent if a
check, draft or other instrument is dishonored; and amending Chapter 98 “Utilities,”
Article III “Water Service,” Section 98-62 “Procedures and remedies for non-payment of
bills,” Subsection (d) of the Code of Ordinance to delete the reference to the service charge
previously established.
City Manager Jackson explained that the proposed charge will be raised from $10.00 to $25.00,
which is $5.00 below the state maximum charge of $30.00. The new amendments and
administrative fees for checks returned for non-sufficient funds and for all other unpaid returned
checks are as follows:
Section Proposed Change
This section establishes a $25.00 service charge on returned checks
for non-sufficient funds and for all other unpaid transfers via
electronic payment instruments. The service charge is not
2-619 applicable, however, if the instrument is returned due to an error of
the depository or city staff. Section 3.506 of the Texas Business
and Commerce Code authorizes such a processing fee up to a
maximum amount of $30.00.
This section enacts a policy whereby the city may, for a six month
period, refuse to accept any method of payment other than cash,
2-620
certified checks or cashier's checks if a person has passed an
insufficient check or instrument.
This section deletes the reference to the $10 service charge for
98-62(d) returned checks for water service. As such, Section 2-619 would
govern all dishonored checks, drafts, and instruments.
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Minutes of the Regular Session Meeting—July 27, 2006
Council Member Renteria moved to approve the Ordinance as presented. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,366
AN ORDIANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2
“ADMINISTRATION,” ARTICLE V “FINANCE,” DIVIDSION 2 “ADMINISTRATIVE FEES
AND CHARGES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD TWO
NEW SECTIONS TO BE NUMBERED AND ENTITILED SECTION 2-619 “SERVICE
CHARGE ON RETURNED CHECKS FOR NON-SUFFIECIENT FUNDS AND FOR ALL
OTHER UNPAID TRANSFERS VIA ELECTRONIC PAYMENTINSTURMENTS” AND
SECTION 2-620 “METHOD OF PAYMENT ON RETUNED CHECKS” TO ESTABLISH A
TWENTY-FIVE AND NO/100 DOLLARS ($25.00) SERVICE CHARGE ON DISHONOR3ED
CHECKS, DRAFTS AND OTHER INSTRUMENTS; AND AMENDING CHAPTER 98
“UTILITIES,” ARTICLE III “WATER SERVICE,” SECTION 98-62 SUBSECTION (D) OF
THE CODE OF ORDINANCES, BYATOWN, TEXAS TO DELETE THE REFERENCE TO
THE SERVICE CHARGE PREVIOUSLY CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR TH PUBLCATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060727-4, awarding a construction contract to Peltier
Brothers Construction, LTD. for the Woodlawn Lift Station Rehabilitation Project.
City Manger Jackson explained that Proposed Ordinance No. 060727-4, awards a construction
contract in the amount of $615,900 to Peltier Brothers Construction, LTD. for the Woodlawn
Lift Station Rehabilitation Project. The estimated construction cost for this project was
$600,000. The scope of work includes, but is not limited to, the removal and replacement of the
suction and discharge piping, fittings, valves, pumps, motors, and equipment in the wet well as
well as replacement of the controls, and rehabilitation of the wet well concrete walls and ceiling.
In addition, diversion pumping will also take place. 2004 and 2006 Certificates of Obligation
Bonds will fund this project and the construction duration is 180 calendar days.
Council Member Mahan moved to approve the Ordinance as presented. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting—July 27, 2006
ORDINANCE NO. 10,367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH PELTIER BROTHERS
CONSTRUCTION, LTD, FOR THE WOODLAWN LIFT STATION REHABILITATION
PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED SIX HUNDRED
FIFTEEN THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($615,900.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 060727-5, approving Change Order No. 3 to Troy
Construction, L.L.P, for the Roseland and Woodlawn Sanitary Sewer Rehabilitation
Project.
City Manager Jackson explained that Proposed Ordinance No. 060727-5, approves Change
Order No. 3 in the amount of $29,400 to Troy Construction, L.L.P, for the Roseland and
Woodlawn Sanitary Sewer Rehabilitation Project. The original contract amount was $1,521,350.
Since this project started construction there have been two change orders, both of which were
approved administratively. Change Order No. 1 in the amount of $7,086.40 was for a 10-inch
steel casing with supports to cross an open ditch. Change Order No. 2 in the amount of $3,750
was for a six-inch PVC water line adjustment. Change Order No. 3 will be for the installation of
about 169 linear feet of eight-inch HDPE sewer line by the open cut method, which is
necessitated due to the pipe bursting method not being feasible in this location. The revised
contract amount will then be $1,561,586.40. It should be noted that the Engineering
Department’s original estimated construction cost for this project was $1,800,000. The three
change orders result in increasing the contract duration by 15 calendar days from 120 to 135.
City Manager Jackson explained that the change order was necessary because this is a pipe-
bursting project. He also explained that 1998 Certificates of Obligation bonds are funding this
project.
Council member Mahan moved to approve the Ordinance as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting—July 27, 2006
ORDINANCE NO. 10,368
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 3 WITH TROY CONSTRUCTION, L.L.P, FOR THE
ROSELAND AND WOODLAWN SANITARY SEWER REHABILITATION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-NINE
THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($29,400.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 060727-6, authorizing an agreement with Beck Disaster
Recovery, Inc. (BDR) for their disaster planning and recovery consultation and
administration services.
City Manager Jackson explained that Proposed Ordinance No. 060727-6, authorizes a services
agreement with Beck Disaster Recovery, Inc. (BDR) to provide disaster debris monitoring
services, emergency management planning and training, and damage assessment and
reconstruction services.
Background information on BDR is as follows: The fee for BDR’s services will be based on their actual
hours of service, and payments will be made through monthly invoices. BDR will work with the City of
Baytown to identify and attain government funding programs available following a declared disaster.
BDR will help ensure that necessary plans, contracts, and procedures are in place in order for the City of
Baytown to respond quickly and efficiently to any emergency situation. In addition to disaster planning
and recovery, BDR will also help inform and educate the public about disasters by providing public
notices and educational materials during the pre-hurricane season, and by helping to prepare press
releases during the event of an actual disaster. In the event of a disaster BDR will activate contracts,
ensure that temporary debris storage and processing locations are available, coordinate logistics with
partner communities and organizations, and help manage other essential requirements. BDR also works
to help put Baytown’s displaced workers back to work with 95% of BDR’s staff being hired from the area
affected by the disaster.
City Manager Jackson announced that a representative from BDR was present to answer any
questions regarding BDR’s services and/or methods of operation. Mayor DonCarlos requested
that the BDR representative come up to the podium and answer questions. The representative
fielded questions regarding the Proposed Ordinance. He explained that TDSRS, one of the
services administered by BDR, is temporary debris storage and reduction sites which allows for
the removal of debris from public rights-of-way. He also explained that BDR will help with
condemnation proceedings and FEMA reimbursement.
Following limited discussion on subject, Council Member Mahan moved to approve the
Ordinance as presented. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 9 of 18
Minutes of the Regular Session Meeting—July 27, 2006
ORDINANCE NO. 10,369
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH
BECK DISASTER RECOVERY, INC., FOR SERVICES ASSOCIATED WITH DEBRIS
MANAGEMENT AND DISASTER RECOVERY; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Resolution No. 060727-1, approving the submittal of a grant application
for the Downtown Public Spaces Improvement Program.
City Manager Jackson explained that Proposed Resolution No. 060727-1, approves the submittal
of an application for a grant for the Downtown Public Spaces Improvement Program. This H-
GAC grant program is intended to improve public spaces in the 13 county H-GAC region.
City Manager Jackson explained that the program included projects for the repair and
replacement of new street-scapes, canopies, historic façades, and signage. The funds for the grant
are on a matching basis up to $25,000. He went on to say that the particular project that is being
discussed involves signage in the downtown area.
Council Member Sheley moved to approve the Resolution as presented. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE
HOUSTON-GALVESTON AREA COUNCIL FOR ELIGIBLE IMPROVEMENTS IN
ACCORDANCE WITH THE DOWNTOWN PUBLIC SPACES IMPROVEMENTS
PROGRAM IN THE AMOUNT OF TWENTY-FIVE THOUSAND AND NO/100 DOLLARS
($25,000.00); AUTHORIZING MATICHING FUNDS IN THE AMOUNT OF TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Discuss and take appropriate action on the selection of streets for the remaining funds in
Year Four of the 2001 Street Bond Program.
City Manager Jackson explained that $802,000 has been allocated for District 1 for street
reconstruction in Year Four of the 2001 Street Bond Program. Council Member Renteria
explained that the funds will be used to repair 5 streets and/or alleys at 3,185 feet in length. The
selections are as follows:
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Minutes of the Regular Session Meeting—July 27, 2006
Alley Segment 10A (Oklahoma to Huggins)
Alley Segment 13 (Oklahoma to Huggins)
Alley Segment 14 C (Louisiana to Kentucky)
West Gulf (Laredo to Hwy 146)
Schilling (Garth to Dead End)
City Manager Jackson then explained that $774,600 has been allocated for District 3 for street
reconstruction in Year Four of the 2001 Street Bond Program. Council Member Capetillo
explained that the funds will be used to repair 4 streets at 5,360 feet in length. The selections
are as follows:
Robin (Honeysuckle to Pin Oak)
Yaupon (Lakewood to Burnet)
Caldwell (Robin to North Holly)
Rollingwood (Decker to North Burnet)
Discussion regarding Council Member Renteria’s decision to repair 3 alleyways in District 1
ensued. The question was raised as to whether street bond monies could/should be utilized to
repair alleyways.
Following limited discussion Council Member Capetillo moved to approve the street selections
and appropriations as presented. Council Member Renteria seconded the motion. The vote
follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance No. 060727-7, authorizing the City Manager to negotiate
and execute a contract amendment with Klotz and Associates for a Preliminary
Engineering Report for reconstruction of the remaining streets under Year Four of the
2001 Street Bond Program.
City Manger Jackson explained that Proposed Ordinance No. 060727-7, authorizes the City
Manager to negotiate and execute a contract amendment with Klotz and Associates for a
Preliminary Engineering Report (PER) for reconstruction of the selected street segments of the
remaining streets for Year Four of the 2001 Street Bond Program. The completion of the PER
for these streets is estimated to take four months. The results of the PER on all of the Year Four
streets will be reviewed with Council prior to authorization for final design and bidding.
City Manager Jackson explained that there was a representative for Klotz and Associates should
Council have any questions. City Manager Jackson then explained that Klotz and Associates is
Page 11 of 18
Minutes of the Regular Session Meeting—July 27, 2006
working diligently on the project and requested that Council authorize the City Manager to work
with the company to amend their contract in a way that would establish a PER for the
reconstruction of the remaining streets under Year Four of the 2001 Street Bond Program.
Council Member Mahan moved to approve the Ordinance as presented. Council Mahan
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,370
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC., FOR A
PRELIMINARY ENGINEERING REPORT FOR YEAR FOUR OF THE 2001 STREET
BOND PROGRAM; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Discuss and take appropriate action regarding the allocation of funds for Work Order
Four in the Street Maintenance Sales Tax Mill and Overlay Program.
City Manager Jackson explained that City Council needs to take action regarding the allocation
of funds by district so that street selection can be completed and the work order can be released
to the contractor. City Manager Jackson went on to say that it is anticipated that Work Order
Five can be considered by Council in October or November for a similar amount, depending on
the actual cost of Work Order Four.
Mr. Jackson explained two allocations methods:
Equal distribution of the total 18,750 linear feet across council districts at 3,125 linear
feet per council district; or
Percentage distribution of total 18,750 linear feet across council districts based upon total
eligible streets in each council district with a PCI of 50-70 (LF).
Discussion was had regarding both allocations methods, including that consideration should be
given to the roads most traveled and to roads that are being traveled from one end of the city to
the other, running through several council districts.
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Minutes of the Regular Session Meeting—July 27, 2006
Council Member Murray moved to approve the allocation of funds based on a percentage basis.
Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consent Agenda
a. Consider Proposed Ordinance No. 060727-8, awarding the first renewal of the
annual electrical services contract to Baytown Electric Company in the amount
of $75,000.
b. Consider Proposed Ordinance No. 060727-9, awarding the annual ready-mix
concrete contract to Consort Concrete in the amount of $119,125.
c. Consider Proposed Ordinance No. 060727-10, awarding the annual outsourcing
of utility bill contract to SunGard EXP-Mailing in the amount of $28,408.66.
d. Consider Proposed Ordinance No. 060727-11, rejecting the bid and re-
authorizing advertisement to take new bids for the Country Club View Lift
Station Rehabilitation Project.
e. Consider Proposed Ordinance No. 060727-12, approving a new pipeline and
permit for Enterprise Products Operating, L.P.
f. Consider Proposed Ordinance No. 060727-13, approving a new pipeline and
permit for TE Products Pipeline Company, Limited Partnership.
g. Consider Proposed Ordinance No. 060727-14, approving a Memorandum of
Understanding for Shelter Activities with the Goose Creek Consolidated
Independent School District to provide temporary shelters for City employees in
the event of a hurricane or other type of disaster.
Council Member Sheley moved to approve items a through g as presented. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 13 of 18
Minutes of the Regular Session Meeting—July 27, 2006
ORDINANCE NO. 10,371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF BAYTOWN ELECTRIC COMPANY FOR THE
ANNUAL ELECTRICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF SEVENTY-FIVE THOUSAND AND NO/100
DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,372
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF CONSORT CONCRETE FOR THE ANNUAL READY-
MIX CONCRETE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED
TWENTY-FIVE AND NO/100 DOLLARS ($119,125.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,373
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF SUNGARD EXP-MAILING FOR THE ANNUAL
OUTSOURCING OF UTILITY BILLS CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF TWENTY-EIGHT THOUSAND FOUR
HUNDRED EIGHT AND 66/100 DOLLARS ($28,408.66); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,374
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REJECTING THE BIDS FOR THE COUNTRY CLUB VIEW LIFT STATION
REHABILITATION PROJECT; AUTHORIZING ADVERTISEMENT TO TAKE NEW BIDS
FOR THE COUNTRY CLUB VIEW LIFT STATION REHABILITATION PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE APPLICATION OF ENTERPRISE PRODUCTS OPERATING, L.P., FOR
A NEW PIPELINE TO BE CONSTRUCTED WITHIN 5,000 FEET OF THE CORPORATE
LIMITS OF THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE
DIRECTOR OF ENGINEERING TO ISSUE A PERMIT THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 14 of 18
Minutes of the Regular Session Meeting—July 27, 2006
ORDINANCE NO. 10,376
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE APPLICATION OF TE PRODUCTS PIPELINE COMPANY, LIMITED
PARTNERSHIP, FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN 5,000 FEET OF
THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AUTHORIZING AND
DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE A PERMIT THEREFOR;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,377
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZES A MEMORANDUM OF UNDERSTANDING FOR SHELTER ACTIVITIES
WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TO
PROVIDE TEMPORARY SHELTERS FOR CITY EMPLOYEES IN THE EVENT OF A
HURRICANE OR OTHER TYPE OF DISASTER; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider appointments to the Beautification Advisory Commission (2).
This item was not ready for consideration.
Consider appointment to the Baytown Municipal Development District (1).
Council Member Capetillo nominated Mr. Ryan Hightower to fill the vacancy on the Municipal
Development District Board. Council Member Murray seconded Council Member Capetillo’s
motion. Following the second Council Member Sheley announced that he wished to nominate
Ms. Lisa Guy to fill the vacancy on the Municipal Development District Board. Both candidates’
credentials were offered, and in order to fairly fill the vacancy Council took the matter to a vote.
The vote follows:
Mr. Ryan Hightower - 3 votes: Council Members Capetillo, Murray, and Mahan
Ms. Lisa Guy - 4 votes: Council Members Sheley, Renteria, Caskey
Mayor DonCarlos
Following the vote Council Member Renteria moved to approve the nomination of Ms. Lisa
Guy, who won the vote. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 15 of 18
Minutes of the Regular Session Meeting—July 27, 2006
Consider appointments to the Construction Board of Adjustments and Appeals (2).
This item was not ready for consideration.
Consider appointments to the Baytown Reinvestment Zone Number One Board and the
Baytown Redevelopment Authority Board.
City Manager Jackson explained that the Baytown Reinvestment Zone Number One Board is a
nine (9) member board with six members appointed by City Council and one member each
appointed from Harris County, Lee College and Goose Creek CISD. Members serve a two year
term of office and meet when necessary to prepare and approve project and finance plans and
participation agreements for the Zone which are all subject to Council approval. Mr. Gilbert
Santana has served as a member of the board since November 26, 2002 and his current term will
expire on August 31, 2006. Mr. Santana desires re-appointment for the term to begin on
September 1, 2006 and end on August 31, 2008. Mr. John Strausser has served as a member of
the board since August 23, 2001 and his current term will expire on August 31, 2006. Mr.
Strausser desires re-appointment for the term to begin on September 1, 2006 and end on August
31, 2008. The term of office is for two years and will begin on September 1, 2006 and end on
August 31, 2008.
City Manager Jackson went on to explain that the Baytown Redevelopment Authority is a nine
(9) member board with six members appointed by City Council and one member each appointed
from Harris County, Lee College and Goose Creek CISD. Members also serve a two year term of
office and meet when necessary to aid, assist and act on behalf of the City and Board of
Directors of Reinvestment Zone Number One to implement the Project Plan and Financing Plan,
development of a policy to finance development of the Reinvestment Zone, and the development
and implementation of a redevelopment policy for the City of Baytown. Appointments to the
Authority shall be the same persons appointed to the corresponding position of the board of the
Baytown Reinvestment Zone.
Council Member Sheley stated that he wanted to nominate Christopher Presley in the vacant
position noted in the backup information of the packet for the six City positions that slated for
both of these boards. The Mayor questioned a conflict of interest with this nomination and asked
that the nomination be brought back at the next meeting.
Council Member Murray moved to approve the re-appointments of Mr. Santana and Mr.
Strausser as presented. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 16 of 18
Minutes of the Regular Session Meeting—July 27, 2006
Receive the City Manager’s proposed budget and budget message for fiscal year 2006-2007.
City Manager Jackson presented Council with the City of Baytown proposed budget for fiscal
year 2006-2007 and explained that this submittal is being made in accordance with Article V,
Sec. 41 of the City’s Charter. He went on to stay that we would not be discussing the budget
tonight as Council Work Sessions will be set up for that purposes but that he will deliver an
explanatory budget message in accordance with Sections 50 and 52 of the Charter.
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Mr. Jackson explained that October 1, 2006 is the 1 day of the 2006-2007 fiscal year and that
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Council must adopt the budget by the 27 day of the last month of the fiscal year (September 27,
2006). He went on to explain the delays encountered by the Harris County Appraisal District
and the effects of these delays on the City’s budget schedules. The end result he reported to
Council would be that the City will most likely need to adopt a budget without a certified tax
role.
Consider Proposed Ordinance 060727-15, setting the time, date and place of the public
hearing on the 2006-2007 fiscal year budget.
City Manager Jackson explained that Proposed Ordinance 060727-15, sets the time, date and
place of the public hearing on the 2006-2007 fiscal year budget. The City Charter provides in
Article V, Sec. 43 that “At the meeting of the council at which the budget and budget message
are submitted, the council shall determine the place and time of the public hearing on the budget,
and shall cause to be published a notice of the place and time, not less than seven days after the
date of publication, at which the council will hold a public hearing.” City Manager Jackson
announced that the proposed date is August 24, 2006 at 6:40 p.m., and the hearing will be held in
Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas.
Council Member Mahan moved to approve the Proposed Ordinance as presented. Council
Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,378
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED
FISCAL YEAR 2006-2007 MUNICIPAL BUDGET; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 17 of 18
Minutes of the Regular Session Meeting—July 27, 2006
Set the time, date and place of the Council Budget Work Sessions
City Manager Jackson explained to Council that they must set the time, date and place of the
Council Budget Work Sessions. The following dates and times were decided upon:
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August 3 at 5:30 p.m., Council Chamber, Baytown City Hall, 2401 Market Street,
Baytown, Texas;
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August 7 at 5:30 p.m., Council Chamber, Baytown City Hall, 2401 Market Street,
Baytown, Texas; and
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August 10 at 4:30 p.m., Council Chamber, Baytown City Hall, 2401 Market Street,
Baytown, Texas.
Council Member Mahan moved to approve the time, date and place of the work sessions as
outlined. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
City Manager’s Report.
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City Manager Jackson reminded Council that August 1 is National Night Out, and suggested that
they check in with the different neighborhood organizations they have agreed to speak with.
City Manager Jackson then told council that a notice of default has been prepared and sent to the
Roods who were under contract to complete repairs to the Taft Circle Apartments within a thirty
day period. City Manager Jackson explained that the thirty day period has expired, and that there
is a 15 day cure period to handle any disputes over reparations. There are no appeal periods in the
contract so the City can choose to revive a previously made demolition order on the apartment
complex once the 15 day cure period ends. Mr. Jackson explained that bids on demolition have
not been taken and that Mr. Rood never submitted an asbestos survey. Therefore, City Manager
Jackson told Council that he has directed Staff to begin getting bids for the asbestos survey in
order to get a complete demolition bid on this property.
City Manger Jackson then told Council that two (2) liens have been placed on the property by two
separate lending entities, and that one of the lenders has expressed desire to proceed with a
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foreclosure as early as August 1 in order to protect their investment.
City Manager Jackson then announced that the Houston Raceway Park has invited all City
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employees and their families to an Employee Appreciation night on August 19. Mr. Jackson
explained there will be free food and free tickets, and encouraged all City employees and board
members to attend.
Page 18 of 18
Minutes of the Regular Session Meeting—July 27, 2006
Council Member Sheley then thanked City Manager Jackson for responding quickly to TML’s
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request to hold a newly elected officials workshop on the 28 of July. Council Member Sheley
then reminded Staff and his fellow Council members that TML Region 14 will hold their annual
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meeting at Moody Gardens on August 11 and 12.
Adjourn.
Council Member Capetillo moved to adjourn the meeting. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
With no additional business the meeting adjourned at 8:30 p.m.
_____________________
Lorri Coody, City Clerk