2007 03 22 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 22, 2007
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on March 22, 2007, at 6:30
p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Brandon Capetillo Council Member
Scott Sheley Council Member
Sammy Mahan Council Member
Don Murray Council Member
Lynn A. Caskey, II Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper Interim City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
Council Member Renteria was absent.
Mayor DonCarlos called the Regular Session of Council to order at 6:30 p.m. with a quorum of Council
present.
MINUTES
Consider approval of the minutes for the Special Session Council Meeting held on March 1, 2007 and
the Regular Council Meeting and the Work Session Meeting held on March 8, 2007.
Council Member Capetillo moved to approve the minutes for the Special Session Council Meeting held
on March 1, 2007 and the Regular Council Meeting and the Work Session Meeting held on March 8,
2007. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Mayor DonCarlos made the presentation of Student of the Month to Ayla Casey. Ayla Casey is a senior
at Robert E. Lee High School who has excelled in the area of academics as a PreAP student. Ayla stays
active in Baytown by participating in various projects to help make a difference in the community. She
has volunteered countless hours of community service by assisting with the YMCA Gator Ride, Special
Olympics, Baytown Trash Off, Port Authority Trash Bash, YAC Senior Citizen Prom, Relay for Life,
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Minutes of the Regular Session Meeting— March 22, 2007
Special Rodeo, Goose Creek Job Fair, UNICEF, Christmas Adopt-a-Family, Friends Serving Friends,
visiting nursing homes and striving to keep Lee Drive litter free.
Ayla is no stranger to leadership positions. She is a four year member of the Debate Team and currently
serves as Captain. She is the President of the Key Club and Crime Stoppers, Historian of the National
Honor Society and Chair of the Baytown Youth Advisory Commission.
Ayla is a caring and dedicated individual. Her strength is her character and her confidence in her
abilities. She is extremely goal oriented and a self-starter and continues to set and achieve her goals.
BUSINESS ITEMS
Proposed Ordinances
Consider Proposed Ordinance authorizing the issuance of $1,000,000 City of Baytown, Texas,
Combination Tax and Revenue Certificates of Obligation, Series 2007A; making other provisions
related thereto; and providing for the effective date thereof.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes the issuance of
$1,000,000 City of Baytown Texas, Combination Tax and Revenue Certificates of Obligation, Series
2007A. The certificates of obligation will be used to pay for the design, engineering and construction-
support (inspection, testing, etc.) costs associated with the first one year of a proposed street bond
program that will be voted on by the citizens. The certificates of obligation are being sold through a
private placement bid. The first payment on the debt will be in fiscal year 2007-08.
Mr. Tom Sage from Vinson and Elkins is present who works with First Southwest and made a
recommendation of the most advantageous bid from Bank of America for 3.82%.
Council Member Mahan moved to approve the ordinance for Bank of America. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,565
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ISSUANCE OF $1,000,000 CITY OF BAYTOWN, TEXAS, COMBINATION
TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007A; AND PROVIDING FOR
AN EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— March 22, 2007
Consider Proposed Ordinance authorizing a Payment Agreement with Harris County Fresh
Water Supply District No. 1A for amounts owed for waste disposal services from October 2000
through November 2006.
Mayor DonCarlos announced his conflict of interest on this item and stated that he would not vote or
participate in discussion and assigned the item to Mayor Pro-tem Mahan.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes a Payment Agreement
with Harris County Fresh Water Supply District No. 1A (the “District”) for amounts owed for waste
disposal services from October 2000 through November 2006. Past due amounts are related to a dispute
in the interpretation of the contract regarding the base charges. The proposed agreement resolves the
dispute for future payments and compromises and settles the dispute for prior years. Specifically, the
proposed agreement clarifies that the base charge is calculated on a per unit basis and changes the basis
by which usage is determined from metered sewer service to metered water service.
The payment arrangement is broken up into two parts based on when the District was notified of the
revised billing amount. The calculation was revised to apply the base charge to the appropriate number
of units. The table below presents this breakdown:
January 2005 Payments: $5,000 per month (final pmt
November 2006 $4,582.20) amt March 2007 April 2009
$115,459.95 (After Starting: In accordance with the City's
the District was Ending: Sewer Rate Ordinance
notified of the revised Interest
billing) Rate:
October 2000 Payments: $4,024.62 per month (final
December 2004 $4,024.56) pmt amt May 2009 April
$144,886.26 (Prior to Starting: 2012 None
the District being Ending:
notified of the revised Interest
billing) Rate:
The proposed agreement requires that the District remain current on all current utility charges. At this
time, the District is paying in accordance with the contract and is current.
With limited discussion, Council Member Caskey moved to approve the Ordinance. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos did not participate in the vote.
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— March 22, 2007
ORDINANCE NO. 10,566
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PAYMENT AGREEMENT WITH HARRIS COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1-A FOR AMOUNTS OWED FOR WASTE DISPOSAL SERVICES FROM
OCTOBER 2000 THROUGH NOVEMBER 2006; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance amending the Community Development Block Grant Annual
Action Plan FY200607 and authorizing a budget change to provide funding for the CDBG
Residential Sewer Line Repair and Replacement Program.
Interim City Manager Leiper explained that the Proposed Ordinance amends the Community
Development Block Grant (CDBG) Annual Action Plan FY200607 and authorizes a budget change to
provide funding for the CDBG Residential Sewer Line Repair and Replacement Program. The
Community Development Block Grant Annual Action Plan FY200607 was approved by City Council on
July 13, 2006, and included in the City's budget documents. The plan is the document that describes how
the City will use CDBG funds for the year. On February 8, 2007, City Council approved guidelines for
the CDBG Residential Sewer Line Repair and Replacement Program (Program). In order to fund the
Program using CDBG funds, the current Annual Action Plan must be amended and the budget must be
changed. The proposed ordinance allocates $30,000 from the existing CDBG Contingency budget of
$145,979. Staff published a public notice for 30 days, as required by HUD, on the City's website and in
the Baytown Sun to make the public aware of the proposed amendment. There were no comments
received regarding the amendment.
Council Member Capetillo moved to approve the Ordinance. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,567
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FISCAL YEAR
2006-2007 AND MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2006-2007
BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE
CONTINGENCY FUND OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND 270
FOR THE RESIDENTIAL SEWER LINE REPAIR AND REPLACEMENT PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— March 22, 2007
Consider Proposed Ordinance awarding a contract for preliminary professional engineering
design services for the Goose Creek Sanitary Sewer Trunkline Project.
Interim City Manager Leiper explained that the Proposed Ordinance awards a professional services
contract to Claunch & Miller, Inc. (CMI) in the amount of not to exceed $179,850 for preliminary
engineering design services associated with the Goose Creek Sanitary Sewer Trunkline Project.
Compensation for basic services will not exceed $92,900. The project’s reimbursable expenses shall not
exceed $1,000. Due to the complexity of this project, additional services will be required and will not
exceed $85,950. Therefore, the total contract amount is $179,850. As part of the preliminary
engineering, the consultant will attend meetings with City staff as necessary to address and review all
City maintained water, sewer and drainage facilities in order to produce the Preliminary Engineering
Report (PER). The additional services associated with the PER will include television inspection of the
Goose Creek trunkline that meanders within the HCFCD maintained stream from Baker Road south to
the Texas Avenue lift station. There will also be a Phase One Environmental Site Assessment along with
a Wetlands determination. In addition, there will be some geotechnical work along with survey control.
Once complete, the PER will include cost estimates and recommendations that will be reviewed by City
staff. Upon the issuance of a notice to proceed, CMI will complete the PER within 105 calendar days.
2007 Certificates of Obligation will fund this project.
With limited discussion Council Member Mahan moved to approve the ordinance. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,568
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT WITH CLAUNCH & MILLER, INC., FOR PRELIMINARY
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE GOOSE CREEK SANITARY
SEWER TRUNKLINE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF
AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-NINE THOUSAND EIGHT
HUNDRED FIFTY AND NO/100 DOLLARS ($179,850.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding a construction contract for the Environmental Protection
– Storm Water Detention Ponds Project.
Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in
the amount of $56,203.08 to Dan's Commercial Plumbing, LLC, for the Environmental Protection –
Storm Water Detention Ponds Project. The scope of work includes the refurbishing of two City
maintained detention ponds located along Baytown Central Boulevard. The estimated construction cost
for this project was $82,000. The construction duration is 120 calendar days. This project will be funded
from the Storm Water Utility Fund and in-kind services.
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Minutes of the Regular Session Meeting— March 22, 2007
Limited discussion was has concerning the objective which is to be a model detention facility that
improves storm water as it is released through two treatable systems. The goal is that the detention
facility will hold the water longer. This is a planned project under the storm water quality act and the
City is required to do this project.
Council Member Sheley moved to approve the ordinance. Council Member Caskey seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,569
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH DAN'S COMMERCIAL PLUMBING, LLC,
FOR THE ENVIRONMENTAL PROTECTION - STORM WATER DETENTION PONDS PROJECT;
AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED FIFTY-SIX THOUSAND TWO
HUNDRED THREE AND 08/100 DOLLARS ($56,203.08); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing contingent services specified in the Professional
Services Agreement with SCL Engineering, LLC., for the remainder of final design phase services,
bid phase services, construction phase services and resident engineering service associated with
the West District Wastewater Treatment Plant Expansion Project.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes contingent additional
services specified in the Professional Services Agreement with SCL Engineering, LLC, for the
remainder of final design phase services, bid phase services, construction phase services and resident
engineering services associated with the West District Wastewater Treatment Plant Expansion Project.
On August 11, 2005, the City Council authorized design services to the 50% level in an amount not to
exceed $752,855.00. At the time, the City did not have enough funds to design the entire project;
however, provisions were made in the original agreement for the City to authorize completion of the
project at a later date with a predetermined cost and scope of services. The services which the City is
now requesting Council to authorize includes the remainder of final design phase services, bid phase
services, construction phase services as well as resident engineering services at a cost not to exceed
$1,137,650.00. The total contract amount will be $1,890,505.00. The 50% design phase services were
funded by 1998 certificates of obligation and MDD Sales Tax. The remainder of the services authorized
by this ordinance will be funded by MDD Sales Tax, 1998 & 2006 certificates of obligation.
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Minutes of the Regular Session Meeting— March 22, 2007
Council Member Capetillo moved to approve the ordinance. Council Member Caskey seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,570
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CONTINGENT SERVICES SPECIFIED IN THE PROFESSIONAL SERVICES
AGREEMENT DATED AUGUST 15, 2005, WITH SCL ENGINEERING, LLC, FOR THE
REMAINDER OF FINAL DESIGN PHASE SERVICES, BID PHASE SERVICES, CONSTRUCTION
PHASE SERVICES AND RESIDENT ENGINEERING SERVICES ASSOCIATED WITH THE
WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED
ONE MILLION ONE HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED FIFTY AND
NO/100 DOLLARS ($1,137,650.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding a construction contract for the Fire Department
Equipment Shelter Project.
Interim City Manager Leiper explained that the Proposed Ordinance awards a construction contract in
the amount of $63,394 to Dan's Commercial Plumbing, LLC, for the Fire Department Equipment Shelter
Project. The scope of work for the project is to furnish and install a pre-engineered metal building on a
drilled pier foundation. The estimated construction cost for this project was $55,000 for a 42’ x 90’
building or $61,000 for a 42’ x 120’. Due to budgetary constraints, the bid form reflected alternate bid
items. The base bid for a 42' x 120' building was $56,894. An alternate bid item for electrical work
associated with the building was in the amount of $6,500. Therefore, it is recommended that Council
award the 42' x 120' building with the associated electrical work for a total contract amount of $ 63,394.
The construction duration is 90 calendar days and this project will be funded from Emergency
Management Capital Funds.
Council Member Sheley moved to approve the ordinance. Council Member Capetillo seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— March 22, 2007
ORDINANCE NO. 10,571
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH DAN'S COMMERCIAL PLUMBING, LLC,
FOR THE FIRE DEPARTMENT EQUIPMENT SHELTER PROJECT; AUTHORIZING PAYMENT
OF A SUM NOT TO EXCEED SIXTY-THREE THOUSAND THREE HUNDRED NINETY-FOUR
AND NO/100 DOLLARS ($63,394.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Proposed Resolutions
Consider Proposed Resolution approving the co-sponsorship of the Candlelighters event on April
29th at Bayland Island.
Interim City Manager Leiper explained that the Proposed Resolution approves the co-sponsorship of the
Candlelighters event on April 29th at Bayland Island. This nonprofit organization raises funds for cancer
victims and their families and is requesting co-sponsorship by the City of Baytown. This co-sponsorship
will include the waiving of fees associated with equipment and services furnished by the Parks
Department. All other regulations and requirements, including insurance, will be followed. This event
was held last year and the group paid over $1,000 in equipment rental and setup fees. These fees are
charged to help defray the overtime costs generally associated with special events.
Council Member Sheley moved to approve the ordinance. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1838
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY OF BAYTOWN'S CO-SPONSORSHIP OF THE THIRD ANNUAL
COUNTRY MUSIC SHOWCASE AT BAYLAND ISLAND ON APRIL 29, 2007, BENEFITING
CHILDHOOD CANCER FAMILY ALLIANCE, INC., BY WAIVING CERTAIN FEES
ASSOCIATED WITH THE EQUIPMENT FURNISHED BY THE CITY'S PARKS AND
RECREATION DEPARTMENT; SUBJECT TO THE TERMS AND CONDITIONS OF THE
BAYLAND PARK AND WATERFRONT SPECIAL USE PERMIT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— March 22, 2007
Consider Proposed Resolution canceling the regular City Council meeting scheduled for May 24,
2007 and calling a special City Council meeting for Tuesday, May 22, 2007.
Interim City Manager Leiper explained that the Proposed Resolution cancels the regular City Council
meeting scheduled for May 24, 2007 and calls a special City Council meeting for Tuesday, May 22,
2007. The canvass for the May 12th municipal and special elections will have to occur between May
18th and May 23rd. Our regular Council meeting date is May 24th. We will be scheduling a Tuesday,
May 22nd canvass date with Harris and Chambers Counties and it is suggested that we move our regular
Council meeting from Thursday May 24th to Tuesday, May 22nd so that can take care of all business
items at one meeting.
Council Member Caskey moved to approve the ordinance. Council Member Capetillo seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1839
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING
THE REGULAR COUNCIL MEETING TO BE HELD ON MAY 24, 2007, AT 6:30 P.M. IN THE
COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING A SPECIAL COUNCIL
MEETING TO BE HELD ON MAY 22, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF
CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution setting the time, date and place for a special council meeting for a
City Council retreat.
Interim City Manager Leiper explained that the Proposed Resolution sets the time, date and place for a
special council meeting for a City Council retreat. The last City Council retreat was held on Saturday,
December 9th at Goose Creek Country Club. If Council wishes to hold another retreat prior to the start
of the 20072008 budget process, it will be necessary to select a date so that accommodations can be
reserved.
He explained that possible Saturday dates to consider are May 19, May 26, July 14, and July 21. These
are dates when both Council Members that work shift work are available as their shifts coincide.
Discussion was had concerning the need for a retreat and topics of discussion for a retreat. It was
mentioned that Council could continue discussions from its last retreat and set out plans and strategies
for the future. It terms of a time to meet, a suggestion was made that an off Thursday night might be a
better idea for a date than a Saturday. Council directed Staff to provide Council with a selection of dates
and proposed topics at the next Council Meeting.
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Minutes of the Regular Session Meeting— March 22, 2007
Consider Proposed Resolution accepting the petition requesting annexation of a 0.3401 acre tract
submitted by James W. Gustafson, President of Gustafson Group Inc., General Partner of Land
Equities 102, Ltd., owner of a 0.3401 acre tract of land situated in the Ed. T. Schaffer Survey
(W.C. & R. R.), Abstract 1224, Harris County, Texas and being out of and part of Lot 3, Block 7
of East End Addition to Highlands Farms Subdivision as recorded in Volume 15 at Page 60 of the
Map Records of Harris County, Texas.
Interim City Manager Leiper explained that the Proposed Resolution accepts the petition requesting
annexation of a 0.3401 acre tract submitted by James W. Gustafson, President of Gustafson Group Inc.,
General Partner of Land Equities 102, Ltd., owner of a 0.3401 acre tract of land situated in the Ed. T.
Schaffer Survey (W.C. & R. R.), Abstract 1224, Harris County, Texas and being out of and part of Lot
3, Block 7 of East End Addition to Highlands Farms Subdivision as recorded in Volume 15 at Page 60
of the Map Records of Harris County, Texas. This 0.3401 acre tract of land is contiguous to the city
limits of Baytown; is vacant and without residents and will be used for an Auto Zone retail store. The
property is located to the east of Garth Road and to the South of South Road.
Council Member Mahan moved to approve the ordinance. Council Member Caskey seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1840
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE
PETITION OF JAMES W. GUSTAFSON, PRESIDENT OF GUSTAFSON GROUP, INC., THE GENERAL
PARTNER OF LAND EQUITIES 102, LTD., CONCERNING THE ANNEXATION OF A .3401 ACRE
TRACT OF LAND IN THE ED. T. SCHAFFER SURVEY (W.C. & R.R.), ABSTRACT 1224, HARRIS
COUNTY, TEXAS OUT OF AND A PART OF LOT 3, BLK 7 OF EAST END ADDITION TO HIGHLANDS
FARMS SUBDIVISION, AS RECORDED IN VOLUME 15 AT PAGE 60 OF THE MAP RECORDS OF
HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motions
Receive, discuss and take appropriate action regarding an update on activities and possible
legislation related to the name, powers, and board of directors of the Chambers County Cedar
Bayou Navigation District.
Former Mayor Calvin Mundinger provided an update on the activities surrounding the change of
structure of the Chambers County Cedar Bayou Navigation District. Mr. Mundinger is requesting
Council to support legislation filed by State Representative Wayne Smith in the Texas Legislature
related to the powers, authority and management of this District. Mr. Mundinger informed Council that
the legislation will be amended from its original filing. He went over the changes with Council from a
draft copy of the bill that he had handed to each member. Mr. Mundinger felt the changes would be
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Minutes of the Regular Session Meeting— March 22, 2007
positive. He informed Council that there is a hearing next Wednesday in Austin where the Legislation
(with the changes) will be discussed and believes the results will be beneficial for the quality of life in
Baytown. However, he cautioned Council, that if the bill passes, it will only be the beginning of what
needs to take place to manage what is going to take place on Cedar Bayou.
Discussion was had and questions were asked concerning the legislation. Mr. Mundinger answered the
questions which included why this is happening. Mr. Mundinger explained that the advent of the
WalMart distribution center placed focus on this area as well as exports from China. The process made
people realize that Cedar Bayou could be a hub for this type of activity, and this exploded into what we
have today.
Discussion was had about the construction of three barge terminals and how this will affect the land, the
beauty of the bayou, and the recreational value of Roseland Park.
Mr. Mundinger reported that the Task Force’s work is basically done.
Council Member Mahan moved to approve a resolution to support the legislation with the changes as
outlined by Mr. Mundinger. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1841
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING
THE PASSAGE OF HOUSE BILL 3158, AS AMENDED, RELATING TO THE NAME, POWERS,
AND BOARD OF DIRECTORS OF THE CHAMBERS COUNTY-CEDAR BAYOU NAVIGATION
DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Discuss and take appropriate action regarding the selection of streets for the first year of a future
street bond program.
Interim City Manager Leiper explained that at the March 8, 2007 Council meeting, Council selected the
"Top 20" streets or 6300 linear feet, based on PCI and classification, along with an equal allocation of
1,150 linear feet per district, subject to adjustment for width as the allocation method for the first year of
the future street bond construction program. This agenda item was placed for comment or feedback for
Council, if any, regarding the selection of streets under the method chosen. No comments or feedback
was received.
CONSENT
Council Member Sheley moved to approve the Consent agenda items 4a through 4e. Council Mahan
seconded the Motion. The vote follows:
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Minutes of the Regular Session Meeting— March 22, 2007
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance approving the Water Supply Contract – Raw Water between the
Baytown Area Water Authority and Lake Municipal Utility District.
ORDINANCE NO. 10,572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
A WATER SUPPLY CONTRACT - TREATED WATER BETWEEN THE BAYTOWN AREA
WATER AUTHORITY AND LAKE MUNICIPAL UTILITY DISTRICT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving the Agreement for Professional Services between the
Baytown Area Water Authority and Shrader Engineering Company for the HVAC System
Renovation Project at the BAWA Administration Building.
ORDINANCE NO. 10,573
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE BAYTOWN AREA
WATER AUTHORITY AND SHRADER ENGINEERING COMPANY FOR THE HVAC SYSTEM
RENOVATION PROJECT AT THE BAWA ADMINISTRATION BUILDING; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance consenting to the sublease of the leased premises at Bayland Island
by Bayland Island Development, L.C., to Harpword, LLC, contingent upon the execution of the
Lease Amendment approved by Council via Ordinance No. 10,231.
ORDINANCE NO. 10,574
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CONSENTING TO THE SUBLEASE OF THE LEASED PREMISES AT BAYLAND ISLAND
CONTINGENT UPON THE EXECUTION OF THE LEASE AMENDMENT APPROVED BY
COUNCIL VIA ORDINANCE NO. 10,231; AUTHORIZING AND DIRECTING THE INTERIM
CITY MANAGER TO EXECUTE A CONSENT TO SUBLEASE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— March 22, 2007
Consider Proposed Ordinance approving the Baytown Area Water Authority’s Change Order No.
3 with Reytec Construction Resources, Inc. for the BAWA 30” Water Transmission Line Project.
ORDINANCE NO. 10,575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
THE BAYTOWN AREA WATER AUTHORITY'S CHANGE ORDER NO. 3 WITH REYTEC
CONSTRUCTION RESOURCES, INC., FOR THE BAWA 30" WATER TRANSMISSION LINE
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Proposed Resolution approving an application for continued funding for the Victims of Crime Act
Grant awarded to the City to provide the Family Violence Counseling and Victim Services
Program in the Police Department for the 20072008 period.
RESOLUTION NO. 1842
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE INTERIM CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE
APPLICATION FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO
THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR
THE 2007-2008 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED
ELEVEN THOUSAND FOUR HUNDRED THIRTY-NINE AND NO/100 DOLLARS ($11,439.00)
AND AN IN-KIND MATCH NOT TO EXCEED ONE THOUSAND NINE HUNDRED FOURTEEN
AND NO/100 DOLLARS ($1,914.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE;
ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
APPOINTMENTS
Consider confirmation of the Mayor's appointments to the Baytown Housing Finance Corporation
Board (2).
Council Member Capetillo moved to approve the Mayor’s appointment of Tony Roberson to serve as
Chairman of the Baytown Housing Finance Corporation Board for the term beginning April 1, 2007
through March 31, 2009. Council Member Sheley seconded the Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
The Mayor was not ready for the second appointment to this Board.
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Minutes of the Regular Session Meeting— March 22, 2007
Consider confirmation of the Mayor’s appointment to the Baytown Housing Authority Board (2).
Council Member Sheley moved to approve the Mayor’s appointment of Tony Roberson to serve as
Chairman of the Baytown Housing Authority Board for the term beginning April 1, 2007 through March
31, 2009. Council Member Capetillo seconded the Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
The Mayor was not ready for the second appointment to this Board.
Consider Interim City Manager's appointments to the Library Board (2).
Council Member Caskey moved to approve the Interim City Manager’s appointment of Don Coffee to
serve on the Library Board for the term beginning April 1, 2007 through March 31, 2009. Council
Member Capetillo seconded the Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Mr. Leiper was not ready for the second appointment to this Board.
EXECUTIVE SESSION
Recess into and conduct an executive session pursuant to Texas Government Code, Section
551.072 to deliberate the possible purchase of real property for a parks project.
Mayor DonCarlos announced a recess at 7:43 p.m. to convene in a closed meeting in compliance with
the Section 551.072 of the Texas Open Meetings Act, to deliberate the possible purchase of real property
for a parks project.
At 7:48 p.m. Mayor DonCarlos reconvened the open meeting of the City Council of the City of Baytown
and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was
taken in executive session.
Page 15 of 16
Minutes of the Regular Session Meeting— March 22, 2007
MANAGER'S REPORT
3rd and 4th of July Lineup
Interim City Manager Leiper reported that the Parks and Recreation Department has completed the line
up for the upcoming 3rd and 4th of July Celebration. The annual event will feature Texas Music stars
Cory Morrow and Roger Creager as the headliners on the 4th and Country Music legend John Conlee as
the 3rd of July headliner.
Other local bands scheduled to perform on the 3rd include Catch 35 and Gene Kelton and the Die Hards.
The 4th of July will kick off with the annual parade at noon, followed by the opening ceremonies and
performances by Sky Blue 72, Los Pekadrez and Joe Tex Jr.
This year, Parks and Recreation staff is planning four 30 minute shows between acts highlighting some
of the Department’s programs and other fun family events. Mike Flinn with the Park and Recreation
Department will provide DJ music between acts providing a wide variety of music between acts on both
the 3 rd and 4th. The annual Fireworks Extravaganza that will be highlighted by patriotic music will
begin at 9:30 p.m.
107.5 K-Hits Hometown Handshake Tour
Interim City Manager Leiper reported that 107.5, KHits will broadcast live from Roosters Steak House
on Thursday, March 29th from 5 a.m. to 10 a.m. as part of its Hometown Handshake Tour. The tour
includes stops in Katy, Richmond, Alvin, Shenandoah, and Tomball. The live broadcast will highlight
upcoming local events that have a regional impact such as the upcoming O'Reilly NHRA Nationals at
the Houston Raceway Park, the Nurture Nature Festival at the Baytown Nature Center and the 30th
Annual Firefighters Memorial Golf Tournament at Evergreen Golf Course. Other local elements that
will be discussed is the Wayne Gray Sports Complex facilities, the Goose Creek Hike and Bike Trail,
and the Bayland Waterfront. The five hour event will also feature live interviews with the Mayor,
representatives from the Houston Raceway Park, Eddie Gray and Tracey Prothro. Roosters Steak House
is normally closed until 9 a.m.
Ribbon cutting at the Skate Park
Interim City Manager Leiper announced that on April 14 there will be a ribbon cutting at the new Skate
Park. Commissioner Sylvia Garcia will be in attendance.
Receive a departmental presentation by the Finance Department.
Rhonda Young, Director of Finance, gave a presentation concerning her department. She started her
presentation with the Mission Statement for the Finance Department which is official called the Fiscal
Operation Department. She told Council that the department is composed of five divisions with two
divisions having subdivisions as follows:
Finance and Administration Division
Accounting Division
Page 16 of 16
Minutes of the Regular Session Meeting— March 22, 2007
Treasury Division
Collections Operations
Purchasing Division
Warehouse Operations
Utility Division
For each division and subdivision, Ms. Young showed Council the organization chart and reviewed the
division’s duties and responsibilities. Ms. Young closed her presentation with a listing of her
department’s professional affiliations which included educational background, awards and achievements
for staff.
ADJOURN
Council Member Sheley moved to adjourn the meeting. Council Member Capetillo seconded the
motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried
With no additional business the meeting adjourned at 8:08 p.m.
______________________________
Lorri Coody, City Clerk