2006 12 14 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 14, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in special session on December 14, 2006, at 6:30
p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Brandon Capetillo Council Member
Sammy Mahan Council Member
Lynn Caskey Council Member
Don Murray Council Member
Mercedes Renteria III Council Member
Scott Sheley 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
Council Member Lynn Caskey was not present when this meeting was called to order by Mayor
DonCarlos with a quorum present.
Consider approval of the minutes for the Special Session Meeting and the Work Session
Meeting held on November 20, 2006 and the Special Session Meeting held on December 1,
2006.
Council Member Mahan moved to approve the minutes as submitted. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
Abstained: Council Member Renteria
The motion carried.
Receive and Discuss a Report from Cedar Bayou Intermodal Transportation Task Force.
Mayor DonCarlos invited Taskforce Chairperson Calvin Mundinger to give the report from
Cedar Bayou Intermodal Transportation Task Force. Mr. Mundinger gave a power point
presentation covering the following points:
• Rationale for Change
• Taskforce Charter
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Minutes of the Regular Session Meeting— December 14, 2006
• Activities to Date
• Path Forward
Mr. Mundinger gave background information concerning Cedar Bayou Intermodal
Transportation Task Force. The Task Force was chartered in June 2006, sponsored by Baytown-
West Chambers County Economic Development Foundation and comprised of representatives
from Baytown, Chambers County, Harris County Precinct 2, Port of Houston, Cedar Bayou
Navigation District and Chambers-Liberty Navigation District. The goal of the Task Force is to
define, design and implement organizational and jurisdictional framework(s) that provide for
judicious and comprehensive stewardship of the development and management of inter-modal
transportation projects along the navigable portion of Cedar Bayou and associated upland areas
in a way that sustains a balance between economic development, community development and
quality of life.
Mr. Mundinger stated the Task Force has met with stakeholders to discuss regional mobility.
The Task Force researched regional mobility and a navigational district to determine if the two
could successfully co-exist. Different methods were reviewed to determine the best path to meet
the goals and objectives. The options explored were to form an RMA; take features of an RMA
to create a “hybrid; or enhance the authority of the Cedar Bayou Navigation District. Mr.
Mundinger also discussed the impact if no action was taken to manage inter-modal transportation
projects. He stated that the Task Force is recommending that the Cedar Bayou Navigation
District be expanded to create the Greater Cedar Bayou Navigation and Transportation
Authority. There are still issues to be worked out and a draft Charter and recommendations will
be available in January 2007.
Discussion was had about the need for a management body and the ability to have authority over
Cedar Bayou or the Ship Channel.
Council also engaged in discussion about workforce mobility and public mobility.
Council Member Caskey joined the meeting at 6:45 p.m.
Consider Proposed Ordinance No. 061214-1, the first reading of the Ordinance annexing
property currently within the extra-territorial jurisdiction of the City of Baytown and
being described as 2.8730 acre tract (123,151 square feet) of the George C, Davis Survey,
A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with
Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19
Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms.
City Manager Jackson explained that the proposed ordinance is the first reading of the ordinance
annexing property currently within the extra-territorial jurisdiction of the City of Baytown and
being described as a 2.8730 acre tract (123,151 square feet) out of the George C, Davis Survey,
A-1472 Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1
being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland
Farms, and Tract 3 as TR 13G BLK19 Highland Farms. This 2.8730 acre tract of land is one-
half mile or less in width; is contiguous to the city limits of Baytown; is vacant and without
residents and will be used for the construction of a Value Place Hotel. The property is located on
the south side of I-10 and to the east of Garth Road. City Council conducted the first and second
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Minutes of the Regular Session Meeting— December 14, 2006
public hearings for this annexation on the 9th day of November, 2006 with said notice being
published in the October 30, 2006 issue of the Baytown Sun and posted on the City of Baytown’s
website on October 27, 2006.
Council Member Mahan moved to approve the ordinance as submitted. Council Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,501
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY
OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 2.8730 ACRE TRACT (123,151
SQUARE FEET) OF THE GEORGE C. DAVIS SURVEY, A-1472, BAYTOWN, HARRIS
COUNTY, TEXAS, AND BEING ALL OF THREE SEPARATE TRACTS OF LAND WITH
TRACT 1 BEING DESCRIBED AS TR 13H BLK 19 HIGHLAND FARMS, TRACT 2 AS TR
13E BLK 19 HIGHLAND FARMS, AND TRACT 3 AS TR 13G BLK 19, HIGHLAND
FARMS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Mayor DonCarlos suggested items 4 and 5 be considered together.
Consider Proposed Ordinance No. 061214-2, approving an interlocal agreement with the
Municipal Development District for expenditures for the construction of a skate facility at
Jenkins Park from the 2006 -2007 MDD budget contingency line item.
City Manager Jackson explained that the proposed ordinance approves an interlocal agreement
with the Municipal Development District for expenditures of up to $172,000 for the construction
of a skate facility at Jenkins Park from the 2006 -2007 MDD budget contingency line item.
The Parks and Recreation Advisory Board reviewed and recommended the project at their
December 6, 2006 meeting.
Consider Proposed Ordinance No. 061214-3, approving the purchase of Skate Park
equipment for the Jenkins Park Skate Park through the Texas Local Government
Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing
Spohn Ranch, Inc. Skate Equipment.
City Manager Jackson explained that the proposed ordinance approves the purchase of Skate
Park equipment for the Jenkins Park Skate Park through the Texas Local Government
Purchasing Cooperative (Buy Board) from Total Recreation Products, Inc., representing Spohn
Ranch, Inc. Skate Equipment in the amount of $149,993.33. At the October 12, 2006 City
Council meeting, a citizen requested council to build a skate park in Baytown. Since then, staff
has researched sites and equipment in an effort to find the perfect site for the proposed facility.
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Minutes of the Regular Session Meeting— December 14, 2006
At W. L. Jenkins Park, the city owned an underutilized lighted tennis court with adequate
parking available, that could be transformed into a skate facility. Using the old tennis court slab
would also save the city several thousand dollars in construction cost.
Commissioner Sylvia Garcia has agreed to reimburse the city for ½ of the cost of the skate
equipment up to $75,000. The reimbursed funds will be deposited back into the MDD
contingency account. The city’s portion of the project will be $97,000.
Council Member Caskey moved to approve Ordinance No. 061214-2 and Ordinance No.
061214-3 as submitted. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,502
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 WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE CONSTRUCTION OF A
SKATE FACILITY AT JENKINS PARK; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,503
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY-NINE THOUSAND NINE
HUNDRED NINETY-THREE AND 33/100 DOLLARS ($149,993.33) TO TOTAL
RECREATION PRODUCTS, INC., FOR THE PURCHASE OF SKATE PARK EQUIPMENT
FOR A SKATE FACILITY AT JENKINS PARK; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 061214-4, approving the purchase of 10.625 acres of
land from the Communities Foundation of Texas for the Goose Creek Stream Greenbelt
and approving the interlocal agreement with the Municipal Development District for
expenditures for the purchase of 10.625 acres of land located adjacent to Goose Creek
Stream and West Texas Avenue.
City Manager Jackson explained that the proposed ordinance approves the purchase of 10.625
acres of land from the Communities Foundation of Texas CFT) for the Goose Creek Stream
Greenbelt for $38,908.48 and approves the interlocal agreement with the Municipal
Development District for expenditures of up to $38,908.48 for the purchase of 10.625 acres of
land located adjacent to Goose Creek Stream and West Texas Avenue. Mr. Jackson also stated
that the Goose Creek Stream Development Committee recommends approval.
Council Member Sheley moved to approve the ordinance as submitted. Council Member
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Minutes of the Regular Session Meeting— December 14, 2006
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,504
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 WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE PURCHASE OF 10.625
ACRES OF LAND LOCATED ADJACENT TO GOOSE CREEK STREAM AND WEST
TEXAS AVENUE FROM CFTR-12, INC.; AUTHORIZING EXPENDITURE OF AN
AMOUNT NOT TO EXCEED THIRTY-EIGHT THOUSAND NINE HUNDRED EIGHT AND
48/100 DOLLARS ($38,908.48) FOR THE PURCHASE OF SUCH PROPERTY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 061214-5, awarding the Wayne Gray Parking Lot
Improvement Project to AAA Asphalt Paving, Inc.
City Manager Jackson explained that the proposed ordinance awards the Wayne Gray Parking
Lot Improvement Project in the amount of $247,540 to AAA Asphalt Paving, Inc. for the base
and alternate bid items. This project will rehabilitate the parking lots on the East Road side of
the complex. To facilitate the maximum flexibility in awarding the bids, the scope of work was
divided into a base bid: milling and overlaying the south parking lot and reconstructing the main
entrance area; and an alternate bid of overlaying the north section of the parking lot. Each
overlay will include base repairs, as needed. The estimated construction cost for the base bid
was $168,960 and the alternate bid was $120,240 for a total of $289,200. Four bids were
received and ranged from the recommended bid up to $41,660. The construction duration for
this project is 120 calendar days and it will be funded through an $180,000 interlocal agreement
with the MDD.
Council Member Murray moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— December 14, 2006
ORDINANCE NO. 10,505
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 AAA ASPHALT PAVING, INC., FOR
THE WAYNE GRAY PARKING LOT IMPROVEMENT PROJECT; AUTHORIZING
PAYMENT OF A SUM NOT TO EXCEED TWO HUNDRED FORTY-SEVEN THOUSAND
FIVE HUNDRED FORTY AND NO/100 DOLLARS ($247,540.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 061214-6, awarding the second contract amendment for
final design services for the reconstruction of Kilgore and Bob Smith Road under Phase IV
of the Street Bond Program.
City Manager Jackson explained that the proposed ordinance awards the second contract
amendment to Klotz Associates, Inc. (Klotz) for final design services for the reconstruction of
Kilgore and Bob Smith Road under Phase IV of the Street Bond Program. Mr. Jackson called
Deputy City Manager Bob Leiper to further explain this item.
Mr. Lieper explained that the action proposed authorizes the final design services for the
reconstruction of Kilgore and Bob Smith Roads. He explained that the initial plan was to recycle
and replace the road based upon a preliminary study and an engineer’s estimate of $1,867,000.
However, it has since been discovered that the material underneath the exiting road makes the
project not a good candidate for recycle and replace and will therefore require that the road be
completely replaced at the cost of $3,720,000. Mr. Leiper stated that additional efforts will be
made to make cost reductions, but the reductions will not be enough to get back to the original
cost figure of $1,867,000 and there is no additional funding for year 4 of the Street Bond
Program.
Discussion was had about the areas that affected the cost of the reconstruction of Kilgore and
Bob Smith Road and discussion was also had about the need to repair the streets.
Tom Ramsey with Klotz Associates addressed Council regarding the issues that caused the
changes. He also reiterated the need to replace the streets due to the soil conditions and fielded
questions from Council accordingly.
With no further discussion, Council Member Mahan moved to approve the ordinance as
submitted. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— December 14, 2006
ORDINANCE NO. 10,506
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH KLOTZ ASSOCIATES, INC., FOR FINAL DESIGN,
BIDDING, CONSTRUCTION AND POST-CONSTRUCTION PHASE SERVICES FOR BOB
SMITH ROAD AND KILGORE ROAD; AUTHORIZING ADDITIONAL FUNDS IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED NINETY-ONE THOUSAND THREE
HUNDRED TWELVE AND NO/100 DOLLARS ($291,312.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 061214-7, creating a “No Parking“ and tow away zone
to begin at the west side of Hayes Road, beginning 281 feet from Ferry Road and extending
150 feet north along Hayes Road.
City Manager Jackson explained that the proposed ordinance creates a “No Parking“ and “Tow
Away Zone” to begin at the west side of Hayes Road, beginning 281 feet from Ferry Road and
extending 150 feet north along Hayes Road. Mr. Jackson stated during large funeral precessions
a resident’s driveway is blocked by parked vehicles. He also stated that “No Parking” and “Tow
Away Zone” signs have been posted for 90 days under the administrative authority and there
have been no further parking problems reported by residents. The Planning and Zoning
Commission approved this “No Parking” and “Tow Away Zone.” Mr. Jackson also told
Council that the citizen requesting this zone is having a problem during funerals when his
driveway is blocked by cars attending funerals.
Discussion was had concerning the location being designated for the “No Parking” and “Tow
Away Zone”.
With no further discussion, Council Member Caskey moved to approve the ordinance as
submitted. Mayor DonCarlos seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,507
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC
STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE
III “DESIGNATION – NO PARKING ZONES” TO DESIGNATE A PORTION OF THE
NORTH SIDE OF HAYES ROAD AS A NO PARKING, TOW AWAY ZONE; REPEALING
ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— December 14, 2006
Consider Proposed Resolution No. 061214-1, authorizing publication of notice of intention
to issue certificates of obligation.
City Manager Jackson explained that the proposed resolution authorizes publication of notice of
intention to issue certificates of obligation. The notice of intention is the first step for the City to
sell Certificates of Obligation for the following projects: Approval of the Notice of Intent will
authorize the sale of a maximum of $14 million in Certificates of Obligation which will cover the
cost of the projects and any issuance costs associated with the bonds.
Council Member Murray moved to approve the resolution as submitted. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1822
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES
OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 061214-2, adopting a policy for City Council use of City
laptop computers, email and internet connections.
City Manager Jackson explained that the proposed resolution adopts a policy for City Council
use of City laptop computers, emails and internet connections. He gave a brief history of the
processing leading to this policy by stating that during budget workshops in preparation for the
FY 05-06 budget last year the City Council requested that laptop computers be purchased for
Council Members and that the City convert to a paperless electronic agenda process. Laptop
computers have been received and are configured for Council Members’ individual use. Staff
will be arranging appointments for training on the new equipment in the near future.
Mr. Jackson introduced Asst. City Manager, Mr. Kelvin Knauf who explained the proposed
policy for City Council use of City laptop computers, city email and internet connections. Mr.
Knauf reiterated that Council members should keep in mind at all times that any and all activities
performed on the laptop computers are subject to the Open Meetings Act and the Public
Information Act.
Council Member Sheley moved to approve the resolution as submitted. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— December 14, 2006
RESOLUTION NO. 1823
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE CHIEF OF POLICE TO ADOPT A POLICY
REGARDING TOWING VEHICLES BEING DRIVEN WITHOUT PROOF OF FINANCIAL
RESPONSIBILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 061214-3, adopting the Downtown Façade Improvement
Program Guidelines.
City Manager Jackson explained that the proposed resolution adopts the Downtown Façade
Improvement Program Guidelines. Mr. Jackson also explained that the Downtown Façade
Improvement Program has been designed to promote local economic development and to
stimulate business and commercial activity in the City through public-private partnerships by
offering economic incentives for the renovation, restoration and preservation of privately-owned
building exteriors within the Baytown Downtown Area I (Texas Avenue). Under the Program,
the City will provide façade improvement assistance, which will be in the form of a five-year
forgivable loan, paid on a reimbursement basis after completion of the project and acceptance of
the same as being in conformity with not only the Downtown Master Plan and Design Guidelines
adopted by the City Council, but also the plans and specifications as approved by the Baytown
Redevelopment Task Force. Such assistance will be offered to persons with qualified projects
having a construction cost which exceeds $5,000.
As proposed, the assistance loan is subject to the following limits:
¾ 50% of the cost of construction up to $20,000 per front facade;
¾ 50% of the cost of construction up to $10,000 per side façade (made in conjunction with
a front façade); and
¾ $1,200 for the environmental site assessment required herein.
The program will be administered by the Planning and Development Services Department and
the Baytown Redevelopment Advisory Task Force, who is responsible for recommending
proposed projects. The Program Guidelines have been approved by the Baytown Downtown
Association.
Council engaged in a brief discussion regarding this type of program being used throughout the
City of Baytown.
Council Member Sheley moved to approve the resolution as submitted. Council Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— December 14, 2006
RESOLUTION NO. 1824
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
ADOPTING THE CITY OF BAYTOWN DOWNTOWN FACADE IMPROVEMENT
PROGRAM GUIDELINES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Council Member Mahan filed a conflict of interest affidavit and abstained from the discussion
and vote on item #13 which follows:
Consider Proposed Resolution No. 061214-4, authorizing and directing the Chief of Police
to adopt a policy regarding towing vehicles being driven without proof of financial
responsibility.
City Manager Jackson stated that the proposed resolution authorizes and directs the Chief of
Police to adopt a policy regarding towing vehicles being driven without proof of financial
responsibility. Mr. Jackson explained that on November 20, 2006, the City Council held a work
session regarding the towing of vehicles which are found to be operated without financial
responsibility coverage as required by state law. At that work session, the City Council reviewed
a draft towing program. This proposed resolution authorizes and directs the Chief of Police to
adopt a police policy, where officers would be authorized to cause a motor vehicle to be removed
and/or impounded when:
1. in the case of a traffic stop, the officer determines that the operator cannot present
proof of the required financial responsibility and has been previously convicted or
granted deferred adjudication for operating a vehicle without the requisite financial
responsibility; or
2. in the case of an accident, the officer determines that an involved vehicle was
operated without the required financial responsibility.
The resulting policy will take into account mitigating circumstances which may warrant not
impounding a vehicle.
Discussion was had regarding the current laws without the proposed policy.
Council Member Murray moved to approve the resolution as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Caskey and Sheley
Mayor DonCarlos
Nays: Council Member Renteria
Abstain: Council Member Mahan
The motion carried.
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Minutes of the Regular Session Meeting— December 14, 2006
RESOLUTION NO. 1825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE CHIEF OF POLICE TO ADOPT A POLICY
REGARDING TOWING VEHICLES BEING DRIVEN WITHOUT PROOF OF FINANCIAL
RESPONSIBILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 061214-5, canceling the Council meeting scheduled for
the fourth Thursday of December 2006.
City Manager Jackson explained that the proposed resolution cancels the Regular City Council
Meeting scheduled for the fourth Thursday of December 2006.
Council Member Murray moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1826
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON DECEMBER 28,
2006, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Discuss and consider providing a charge and timeline to the General Obligation Bond
Committee.
City Manager Jackson explained that Council has appointed a steering committee to consider
potential projects for a May General Obligation Bond Election. Subcommittees were also
appointed by Council to consider various items. One committee was organized with its main
focus for streets, sidewalks, signalization and drainage, and a second subcommittee for public
buildings, automation, equipment and parks.
Mr. Jackson reviewed the timeline with Council, explaining that Council would have to
determine ballot propositions by February 22 and call the election by March 8. He also stated
that due to time constraints it may not be feasible for the steering committee to consider all of the
needs of the City.
Council engaged in discussion regarding the timeline and the constraints. Mr. Jackson suggested
an option could be that Council limit the items to be considered for a May election to those items
that are known needs such as street repairs, and consider developing a second bond package for
review by the steering committee for the November 2007 or May 2008 election dates.
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Minutes of the Regular Session Meeting— December 14, 2006
Council continued to discuss the need for items other than existing street repairs. Some of the
improvements mentioned were the need to purchase new communication equipment; and the
building of a new fire station.
Council agreed on a $30 million street bond program in May, and asking the steering committee
to develop ideas for a possible second bond package for May 2008.
With no further discussion, Council Member Sheley moved to approve a $30 million street bond
program in May and charge the steering committee to review all other needs of the City for a
second bond package for May 2008. Council Member Murray seconded the motion. The vote
follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried
Consent Agenda
a. Consider Proposed Ordinance No. 061214-8, authorizing an interlocal
agreement with Harris County for fire protection services in an unincorporated
area of Harris County.
b. Consider Proposed Ordinance No. 061214-9, awarding the second renewal of the
annual cationic polymer supply contract.
c. Consider Proposed Ordinance No. 061214-10, awarding the last renewal of the
annual roll-off containers contract.
d. Consider Proposed Ordinance No. 061214-11, awarding the first renewal of the
annual pool supplies and services contract.
e. Consider Proposed Ordinance No. 061214-12, authorizing payment of an annual
assessment to the Harris County Appraisal District (HCAD) for appraisal
services for the 2007 tax year.
f. Consider Proposed Ordinance No. 061214-13, approving the First Amendment
to the Agreement for Funding for an Aquatics Study with the Municipal
Development District to include additional sums for the Aquatic Facilities
Master Plan.
g. Consider Proposed Ordinance No. 061214-14, approving the purchase of a 25
foot easement through the Goose Creek Rehab Health Care Center property
located at 1106 Park Street for the Goose Creek Stream Greenbelt Trail Phase
IV project. The property is owned by the Garrett-Beck Corporation.
h. Consider Proposed Ordinance No. 061214-15, changing the street name suffix of
Seminole in the Pinehurst Subdivision from Street to Circle.
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Minutes of the Regular Session Meeting— December 14, 2006
i. Proposed Resolution No. 061214-6, authorizes the City Manager to execute an
agreement with the Houston-Galveston Area Council for acceptance of the
Downtown Public Spaces Improvements Program grant.
Council Member Sheley moved to approve the consent items a through i as submitted. Council
Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR FIRE
PROTECTION SERVICES IN AN UNINCORPORATED AREA OF HARRIS COUNTY;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,509
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF POLYDYNE, INC., FOR THE ANNUAL CATIONIC
POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF FORTY-THREE THOUSAND NINE HUNDRED THIRTY-NINE
AND 38/100 DOLLARS ($43,939.38); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,510
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF ARROW WASTE FOR THE ANNUAL ROLL-OFF
CONTAINERS SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, THE SUM OF ONE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED
FIFTY-FIVE AND NO/100 DOLLARS ($156,655.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,511
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF POOLSURE FOR THE ANNUAL POOL SUPPLIES
AND SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWENTY-FIVE THOUSAND NINE HUNDRED TWENTY-
FOUR AND NO/100 DOLLARS ($25,924.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 14 of 18
Minutes of the Regular Session Meeting— December 14, 2006
ORDINANCE NO. 10,512
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 2007 TAX YEAR IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTEEN THOUSAND SEVEN
HUNDRED NINE AND NO/100 DOLLARS ($118,709.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,513
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE AGREEMENT WITH THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR AN
AQUATIC STUDY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PURCHASE OF A 25-FOOT TRAIL EASEMENT FOR THE GOOSE
CREEK STREAM GREENBELT TRAIL PHASE IV PROJECT FROM GARRETT-BECK
CORPORATION FOR AN AMOUNT NOT TO EXCEED THIRTEEN THOUSAND SEVEN
HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS ($13,767.00); AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,515
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CHANGING THE STREET NAME SUFFIX OF SEMINOLE IN THE PINEHURST
SUBDIVISION, CHAMBERS COUNTY, TEXAS, FROM STREET TO CIRCLE; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
RESOLUTION NO. 1827
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE HOUSTON-
GALVESTON AREA COUNCIL FOR ELIGIBLE IMPROVEMENTS FOR THE HISTORIC
DOWNTOWN SIGNAGE PROJECT IN ACCORDANCE WITH THE DOWNTOWN PUBLIC
SPACES IMPROVEMENTS PROGRAM IN AN AMOUNT OF TWENTY-FOUR
THOUSAND NINE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($24,975.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 15 of 18
Minutes of the Regular Session Meeting— December 14, 2006
Consider appointments to the Community Development Advisory Committee (5).
Council Member Renteria moved to appoint Hector Meza and re-appoint Terry Presley, Norman
Barnett and Joe Robins to serve a two year term beginning January 1, 2007 and ending January
1, 2009. Board Member Sheley seconded the motion.
The vote follows:
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointment to the Baytown Industrial Development Corporation (1).
Council Member Murray moved to appoint Mayor Stephen H. DonCarlos to serve a two year
term beginning December 14, 2006 and ending December 14, 2008.. Board Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointment to the Emergency Medical Service Advisory Committee (1).
Council Member Caskey moved to appoint Joanna Cagle-Page to serve a two year term
beginning December 11, 2006 and ending December 11, 2008. Board Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointment to the Planning and Zoning Commission (1).
This item was not ready for consideration.
Consider appointment to the Sign Committee (1).
Mayor DonCarlos moved to re-appoint Al Busch to serve another two year term beginning
November 30, 2006 and ending November 30, 2008. Board Member Capetillo seconded the
motion. The vote follows:
Page 16 of 18
Minutes of the Regular Session Meeting— December 14, 2006
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointment of the Chair for the General Obligation Bond Sub-Committee -
Public Buildings, Automation, Equipments and Parks.
Council Member Capetillo moved to appoint Susan Milnar to serve on the General Obligation
Bond Sub-Committee - Public Buildings, Automation, Equipment and Parks. Board Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointment of the Chairman of Reinvestment Zone Number One, City of
Baytown and the Baytown Redevelopment Authority Board.
Council Member Mahan moved to re-appoint Don Murray as Chairman of Reinvestment Zone
Number One and as Chairman of the Baytown Redevelopment Authority Board for one year
beginning January 1, 2007 and ending December 31, 2007. Board Member Capetillo seconded
the motion. The vote follows:
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider confirmation of the City Manager’s appointee to the Civil Service Commission.
Council Member Capetillo moved to confirm the City Manager’s appointee, Ruben Linares, to
serve a three year term on the Civil Service Commission beginning January 1, 2007 and ending
January 1, 2010. Board Member Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 17 of 18
Minutes of the Regular Session Meeting— December 14, 2006
Designation from the Mayor and the City Manager of non-elected individuals to serve on
the Baytown Redevelopment Advisory Task Force (1 each).
Council Member Renteria moved to confirm David Smith as the Mayor’s appointee and Norman
Dykes as the City Manager’s appointee to serve two year terms on the Baytown Redevelopment
Advisory Task Force. Board Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Caskey, Renteria, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
City Manager’s Report.
No report was given.
Conduct appeal of Casey Hornberger, of the decision made by the Planning and Zoning
Commission to deny the application for re-plat of Lot 3 of Tiffany Acres Subdivision.
City Attorney, Ignacio Ramirez, gave the oath to all witnesses expected to testify at the hearing.
Mr. Gregory Stubbs, Director of Planning and Development Services gave the opening statement
for the City of Baytown. Mr. Stubbs told the Council that on November 15, 2006 the Planning
and Zoning Commission denied a replat application from Casey and Miriany Hornberger for Lot
3 of the Amending Plat of Tiffany Acres Subdivision. The replat would allow Lot 3 to be
divided into two tracts, with the rear tract of land having no street frontage. The Commission
denied the plat based on State Law.
Chapter 212 of the Texas Local Government Code in Section “Replatting Without Vacating
Preceding Plat” states, “A replat of a subdivision or part of a subdivision may be recorded and is
controlling over the preceding plat without vacation of that plat if the replat: (1) is signed and
acknowledged by only the owners of the property being replatted; (2) is approved, after a public
hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by
the municipal authority responsible for approving plats; and (3) does not attempt to amend or
remove any covenants or restrictions.”
The Deed Restrictions of Tiffany Acres Subdivision, Section 16 states, “No lot may be re-
subdivided in any fashion except that any person owning more than one lot may combine said
lots into one home site for building purposes.”
In addition to the Texas Local Government Code requirements, the City of Baytown Code of
Ordinances Chapter 126 “Subdivision”, Section 418(c) “Street frontage” requires a Large Lot
Estates Subdivisions to have a minimum street frontage of 60 feet.
Mr. Casey Hornberger gave his opening statement to Council by asking that they reconsider the
application that was denied by the Planning and Zoning Commission on November 15, 2006
Page 18 of 18
Minutes of the Regular Session Meeting— December 14, 2006
which would have allowed replat of Lot 3 of Tiffany Acres Subdivision to be divided into two
tracts, with the rear tact of land having no street frontage. Mr. Hornberger presented Council
with a signed statement from all the land owners in Tiffany Acres Subdivision showing that they
agreed with this replat.
Mr. Gamble, the developer of Tiffany Acres Subdivision, was called as a witness by Mr. Stubbs.
Mr. Gamble stated that he has deed restrictions on the property that state “No lot may be re-
subdivided in any fashion except that any person owning more than one lot may combine said
lots into one home site for building purposes.” Mr. Gamble asked that his deed restrictions be
upheld.
With no further testimony, Mayor DonCarlos called the next item on the agenda.
Consider affirming or reversing the decision made by the Planning and Zoning
Commission to deny the application for re-plat of Lot 3 of Tiffany Acres Subdivision.
(Casey Hornberger Appeal).
Council engaged in discussion regarding the deed restrictions pertaining to property in Tiffany
Acres Subdivision. and Chapter 212 of the Texas Local Government Code concerning Replatting
Without Vacating Preceding Plat” and the City of Baytown Code of Ordinance Chapter 126
“Subdivision”, Section 418(c) “Street frontage” requires a Large Lot Estates Subdivisions to
have a minimum street frontage of 60 feet.
Council Member Murray moved to affirm the decision made by the Planning and Zoning
Commission to deny the application for re-plat of Lot 3 of Tiffany Acres Subdivision based upon
State Laws. Council Member Renteria seconded the motion. The vote follows.
Ayes: Council Members Renteria, Caskey, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
Abstain: Council Member Capetillo
The motion carried.
Adjourn.
Council Member Mahan moved to adjourn the meeting. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 8:57 p.m.
______________________________
Lorri Coody, City Clerk