2007 04 26 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 26, 2007 - 6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on April 26, 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, III 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 Members Renteria was absent due to a death in the family.
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present.
Service Award
Mayor DonCarlos, along with Council Member Mahan and Mr. Coleman Godwin, made a
service award presentation to the family Joe Frank Robins honoring him for his many years of
community service to the City of Baytown. The award was accepted by his wife, Noreen and his
family. Mayor DonCarlos stated that Mr. Robins served the citizens of Baytown in many ways
and for many years throughout his life. His service continued up until his death as he was
serving on two boards: The Community Development Advisory Committee and the Urban
Standards Review Board by the Mayor and Sammy Mahan along with Coleman Godwin. He
will be greatly missed.
Firefighter for a Day Award
Mark Medrano along with firefighters from the Baytown Police Department made a presentation
to Mayor DonCarlos for being a firefighter for a day. The Mayor was presented a helmet by Mr.
Medrano on behalf of Chief Blake and the Department along with a shadow box of mementos for
his day of service as a firefighter. The Mayor thanked the firefighters and stated that a
firefighter’s job is hot and difficult and as a result he does not want to be a firefighter, but
appreciates them very, very much.
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Minutes of the Regular Session Meeting— April 26, 2007
MINUTES
Consider approval of the minutes for the Regular Council Meeting and the Work Session
Meeting held on April 12, 2007.
Council Member Sheley moved to approve the minutes. 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
CITIZENS COMMUNICATIONS AND RECOGNITIONS
March Youth of the Month
Mayor DonCarlos made the presentation to Yoanna Cantu who is a senior at Robert E. Lee High
School who has excelled in the area of academics as a 4-Time National Honor Roll
student. Yoanna is the head officer for the Robert E. Lee Celebrities, president of the Spanish
Club, Student Council representative, head trainer for the National Hispanic Institute – Baytown
Team, and a 4-Time All American Dancer. Yoanna is also the 2006 Homecoming
Queen. She was honored with the invitation to participate in the 2006 Macy’s Thanksgiving Day
Parade in New York City and the National Hispanic Institute’s Collegiate World Series in
Indianapolis, Indiana.
Yoanna has volunteered countless hours of community service by collecting food for the needy,
participating in Relay for Life and assisting with the children at the Baytown Community Center
immediately following Hurricane Katrina.
She is an outstanding asset to the Goose Creek Independent School District and the City of
Baytown. Today we honor her for her hard work and dedication.
Citizens Communications
Mr. Walter Bruce Harrell is requesting to address Council concerning 2300 Taft Circle for
a stay of the demolition order in order to allow a rehabilitation of the property.
Mr. Harrell was not present when this item was called.
Mr. Kenneth Sheldrick is requesting to address Council concerning 2300 Taft Circle for a
stay of the demolition order in order to allow a rehabilitation of the property.
Mr. Sheldrick was not present when this item was called.
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Minutes of the Regular Session Meeting— April 26, 2007
Mr. Michael Tanous is requesting to address Council concerning 2300 Taft Circle for a
stay of the demolition order in order to allow a rehabilitation of the property.
Mr. Tanous was not present when this item was called, but sent a signed communication to
Council reporting that he did not request this audience and the signature on the request was not
his.
BUSINESS ITEMS
Proposed Ordinances
Consider Proposed Ordinance awarding to MLG Construction Company housing
rehabilitation projects located at 104 Graham Street, 3012 Market Street, and 402 E.
Hunnicutt Street.
Interim City Manger Leiper explained that the Proposed Ordinance awards three housing
rehabilitation projects to MLG Construction Company. The projects are described as follows:
1) The housing rehabilitation project located at 104 Graham Street in the amount of $46,700
to build a two bedroom, one bath, 890 square foot home. The existing structure and its
occupants have been approved to participate in the Owner-Occupied Housing
Rehabilitation Program for low-income households. The existing 892 square foot home
was built in 1948 and is in need of extensive repairs. Staff recommends reconstruction
due to the estimated cost of repairs exceeding $30,702 to bring the structure into current
code compliance. The project was previously bid in February with no responses. The
project was re-bid with two other projects. Three contractors picked up bid packages and
attended the mandatory pre-bid conference. One sealed bid was returned and two no-bid
forms were submitted.
2) The housing rehabilitation project located at 3012 Market Street in the amount of $46,700
to build a two bedroom, one bath, 890 square foot home. The existing structure and its
occupants have been approved to participate in the Owner-Occupied Housing
Rehabilitation Program for low-income households. The existing 1,520 square foot home
was built in 1948 and is in need of extensive repairs. Staff recommends reconstruction
due to the estimated cost of repairs exceeding $39,395 to bring the structure into current
code compliance. Three contractors picked up bid packages and attended the mandatory
pre-bid conference. One sealed bid was returned and two no-bid forms were submitted.
3) The housing rehabilitation project located at 402 E. Hunnicutt Street in the amount of
$53,300 to build a three bedroom, one bath, 1,050 square foot home. The existing
structure and its occupants have been approved to participate in the Owner-Occupied
Housing Rehabilitation Program for low-income households. The existing 744 square
foot home was built in 1930 and is in need of extensive repairs. Staff recommends
reconstruction due to the estimated cost of repairs exceeding $39,500 to bring the
structure into current code compliance. The new 3-bedroom/1-bath home will
accommodate the single mother and her two children. The project was previously bid in
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Minutes of the Regular Session Meeting— April 26, 2007
February with no responses. The project was re-bid with two other projects. Three
contractors picked up bid packages and attended the mandatory pre-bid conference. One
sealed bid was returned and two no-bid forms were submitted.
Council Member Caskey moved to approve the Ordinance as submitted. 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. 10,593
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF MLG CONSTRUCTION COMPANY FOR HOUSING REHABILITATION
PROJECTS LOCATED AT 104 GRAHAM STREET, 3012 MARKET STREET, AND 402 E.
HUNNICUTT STREET; AUTHORIZING PAYMENT IN AN AMOUNT OF ONE HUNDRED
FORTY-SIX THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($146,700.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding a construction contract for the 2007 Water
Service Line Relocation Project.
Interim City Manager Leiper explained that the Proposed Ordinance awards a construction
contract in the amount of $43,671.60 to Dan's Commercial Plumbing, LLC, for the 2007 Water
Service Line Relocation Project. The scope of work includes the connection of water services
from the new water service tap in the street right-of way to each house's existing point of entry
on the completed relocation of waterlines done on N. Holly, Burnet, Hackberry, Mayhaw, North
Pruett and W. Homan. The estimated construction cost for this project was $50,000. Two bids
were received. The construction duration is 120 calendar days. This design was done in-house
by the engineering department.
Council Member Caskey moved to approve the Ordinance as submitted. 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— April 26, 2007
ORDINANCE NO. 10,594
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 2007 WATER SERVICE LINE RELOCATION PROJECT;
AUTHORIZING PAYMENT OF A SUM OF FORTYTHREE THOUSAND SIX HUNDRED
SEVENTY-ONE AND 60/100 DOLLARS ($43,671.60); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing an agreement for advertising services with the
Bayou Bowl Association for the 2007 Bayou Bowl.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes an agreement for
advertising services with the Bayou Bowl Association for the 2007 Bayou Bowl. Funding for the
agreement will be from the Hotel Occupancy Tax fund and will not exceed $55,000. These funds
would be utilized to provide advertising and promotional programs to attract tourists to the City
in a manner that directly enhances and promotes tourism and the convention and hotel industry
and provides administrative costs directly attributable to such advertising and promotional
programs. The Bayou Bowl matches high school players from Louisiana against Texas high
school players. The first Bayou Bowl was held during the summer of 2003.
Council discussed that this year’s bayou bowl game will have NFL network coverage as well as
live coverage from Fox sports. The consensus of Council was that this type of TV coverage of
this event will bring attention to Baytown.
Council Member Capetillo moved to approve the Ordinance as submitted. 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.
ORDINANCE NO. 10,595
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES
WITH THE BAYOU BOWL ASSOCIATION FOR THE 2007 BAYOU BOWL;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTYFIVE THOUSAND
AND NO/100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— April 26, 2007
Consider Proposed Ordinance authorizing an advance funding agreement with the State of
Texas for the Texas Avenue Streetscape Project.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes an advance
funding agreement with the State of Texas for the Texas Avenue Streetscape Project. The Project
will entail streetscape improvements on Texas Avenue from N. Main Street to Decker
Drive. Under the agreement, the City is responsible for the preliminary engineering, the design
plans, specifications and estimates, accomplishing the adjustment of the utilities if needed, and
any acquisition of right-of-way. Under the Agreement, the State will secure the federal cost
share, review the engineering, let the construction contract, provide construction inspection
services, and provide other items as required. The federal cost share will not exceed $700,000 –
589,743.59 for streetscape improvements and $110,256.41 for the State’s direct costs, including
plan review, inspection services and oversight.
Council Member Sheley moved to approve the Ordinance as submitted. 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.
ORDINANCE NO. 10,596
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN ADVANCE FUNDING AGREEMENT WITH THE
STATE OF TEXAS FOR THE TEXAS AVENUE STREETSCAPE PROJECT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance making a change in the City of Baytown’s Fiscal Year 2006-
2007 budget for municipal purposes in order to reprogram funds in the Street Maintenance
Sales Tax Contingency Fund for three paving repair projects.
Interim City Manager Leiper explained that the Proposed Ordinance makes a change in the City
of Baytown’s Fiscal Year 2006-2007 budget for municipal purposes in order to reprogram funds
in the Street Maintenance Sales Tax Contingency Fund for three paving repair projects. These
projects are the Oak Street/Texas Avenue landscape and paving project, repairs to East Wye
Drive, and repairs to the intersection of Felton and Maplewood streets. These projects
are beyond the scope of both the mill and overlay program and the contract concrete repair
program; however, they are considered too small to be included in a bond project, especially in
light of the demand for bond street reconstruction. The projects will be designed in-house and
will be managed by Engineering and Public Works personnel. The proposed
ordinance reprograms $340,000 for the three pavement repair projects.
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Minutes of the Regular Session Meeting— April 26, 2007
Mr. Leiper explained the three projects. The detail on these projects is as follows:
$200,000 for the Texas Avenue/Oak Tree Median and Paving
The project combines the Texas Avenue Landscaping project with repaving a small portion of
Texas Avenue. It was originally intended to expand the median around the Oak Tree to provide
improved appearance, protection, irrigation and aeration for the tree. Due to the concerns of the
construction impact on the health of the tree and to minimize the future impacts of road
construction on the tree, it was decided to remove and repave the section around the tree when
the median is enlarged. There is also an old storm drainage box that crosses Texas Ave. in this
area that is in need of replacing. The box has concrete and brick sides and a dirt bottom. It is
preferable to remove and replace this drainage structure while the adjacent roadwork is
performed rather than come back and replace it later. A portion of this drainage work will be
funded by capital drainage funds. An urban forester was retained to assess the tree's ability to
endure a construction project and to set the construction restrictions. Based on the identified area
of repaving and the construction restrictions recommended by the urban forester, this project is
estimated to cost $200,000, including the services of the urban forester during the construction
phase.
$85,000 for the East Wye Drive Paving
East Wye Drive is the primary access roadway for the Fire Administration Building, Robert
Merchant Police Academy and new Emergency Operating Center. It also serves as a secondary
access roadway for the Police Department, Municipal Court and Jail. The portion of East Wye
Drive around the Fire Administration building was not designed or constructed to meet the
demands of this traffic, especially the construction activity of the Police Academy and EOC.
There are numerous failures and patches. The failed areas of roadway need to be reconstructed to
appropriate engineering standards to provide long term service and improved access for a large
number of public safety vehicles and patrons.
$55,000 for the Felton/Maplewood Intersection Paving
This intersection has considerable traffic flows since it serves to link the Memorial Drive area to
the Pruett Avenue area. The contract concrete repair program is utilized to complete repairs to
limited portions of concrete roadways, usually one or two panels. This intersection has had
several small patches and repairs to eliminate exposed rebar but is in need of replacement of five
or six panels including driveway approaches on Maplewood and Felton. This is beyond the
scope of the contract concrete repair program but is appropriate for the use of Street Maintenance
Sales Tax funds.
There is no shortage of worthy street repair projects. Attempts are made to fit the needed repairs
within an existing program to improve the roadways in Baytown. These three projects utilize
eligible funding from the Street Maintenance Sales Tax Program without impacting ongoing
programs while accomplishing necessary repairs on roadway portions that are traveled by a
significant number of vehicles.
Council Member Sheley moved to approve the Ordinance as submitted. Council Member Mahan
seconded the motion. The vote follows:
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Minutes of the Regular Session Meeting— April 26, 2007
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,597
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2006-2007 BUDGET
FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE STREET
MAINTENANCE SALES TAX CONTINGENCY FUND FOR THREE PAVEMENT REPAIR
PROJECTS; MAKING OTHER REPRESENTATIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution authorizing the City Attorney to take actions necessary to
acquire an easement from Gaither Petroleum Corporation through proceedings in eminent
domain.
Interim City Manager Leiper explained that the Proposed Resolution authorizes the City
Attorney to take actions necessary to acquire an easement from Gaither Petroleum Corporation
(“Gaither”) through proceedings in eminent domain. The City has been working with Gaither to
obtain the easement for quite some time, but such efforts have been unsuccessful although the
City has agreed to include much of the language Gaither’s representatives have requested. The
sticking point seems to be that Gaither wants the City to indemnify it and add it as additional
insured’s on the City’s general liability policy. The City has explained that the City is
constitutionally prohibited from indemnifying anyone and does not add anyone as an additional
insured on its policies. However, the City agreed to include in its construction documents that the
City’s contractor will indemnify it and add it as an additional insured for work performed on
Gaither’s property.
Unfortunately, even with the additional language, Gaither has refused to sign the easement which
is required to complete the Bowie Street Drainage Project. The design of this project started in
March of 2004 and the City has been trying to obtain easements since January 2005.
Council Member Sheley moved to approve the Resolution as submitted. 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— April 26, 2007
RESOLUTION NO. 1848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS,
AUTHORIZING THE CITY ATTORNEY TO TAKE ACTIONS NECESSARY TO ACQUIRE
AN EASEMENT FROM GAITHER PETROLEUM CORPORATION THROUGH
PROCEEDINGS IN EMINENT DOMAIN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Proposed Resolutions
Consider Proposed Resolution supporting Project Stars and expressing its intent to
participate in the development of corridor design standards as sponsored by The Economic
Alliance Houston Port Region.
This item was not ready.
Consider Proposed Resolution granting the petition of 219-I.H. 10, Ltd., a Texas limited
partnership, I.H. Ten-70, Ltd., a Texas limited partnership, I.H. Ten-116, Ltd., a Texas
limited partnership, Baytown Riceland Venture, JV, a Texas joint venture, and Ten Main-
Baytown, Ltd., a Texas limited partnership, concerning the annexation of a 571.841-acre
tract of land being a 116.133-acre tract described as of Tracts 1, 2, 3, 4, and 5 in the
Warranty Deed with Vendor’s Lien recorded under Harris County Clerk’s File No.
F592126 of the real property records of Harris County, Texas; a 69.95-acre tract described
in the General Warranty Deed recorded under Harris County Clerk’s File No. G061967 of
the real property records of Harris County, Texas, a 116.00-acre tract described in the
General Warranty Deed recorded under Harris County Clerk’s File No. G061963, a 43.31-
acre tract described in the Special Warranty Deed with Vendor’s Lien Recorded under
Harris County Clerk’s File No. T086062, and a 226.453-acre tract described under Harris
County Clerk’s File No. G350652.
Interim City Manager Leiper explained that the Proposed Resolution grants the petition of 219-
I.H. 10, Ltd., a Texas limited partnership, I.H. Ten-70, Ltd., a Texas limited partnership, I.H.
Ten-116, Ltd., a Texas limited partnership, Baytown Riceland Venture, JV, a Texas joint
venture, and Ten Main-Baytown, Ltd., a Texas limited partnership, concerning the annexation of
a 571.841-acre tract of land being a 116.133-acre tract described as of Tracts 1, 2, 3, 4, and 5 in
the Warranty Deed with Vendor’s Lien recorded under Harris County Clerk’s File No. F592126
of the real property records of Harris County, Texas; a 69.95-acre tract described in the General
Warranty Deed recorded under Harris County Clerk’s File No. G061967 of the real property
records of Harris County, Texas, a 116.00-acre tract described in the General Warranty Deed
recorded under Harris County Clerk’s File No. G061963, a 43.31-acre tract described in the
Special Warranty Deed with Vendor’s Lien Recorded under Harris County Clerk’s File No.
T086062, and a 226.453-acre tract described under Harris County Clerk’s File No.
G350652. This 571.841 acre tract of land is contiguous to the city limits of Baytown; is currently
vacant and without residents and will be developed as residential and commercial property. The
property is located to the north of I-10 near N. Main Street. The property is proposed for
development as a mix of residential and commercial.
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Minutes of the Regular Session Meeting— April 26, 2007
Discussion was had concerning the amount of fees that must be paid by the developer to go
through an annexation of this size. Mr. Leiper explained that the work on the annexation is the
same regardless of the size of the land and that currently there are no fees for annexation filings.
There were other questions about annexations and Municipal Development Districts and Mr.
Leiper fielded these questions accordingly.
Council Member Capetillo moved to approve the Resolution as submitted. 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. 1849
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF 219-I.H. 10, LTD., A TEXAS LIMITED PARTNERSHIP,
I.H. TEN-70, LTD., A TEXAS LIMITED PARTNERSHIP, I.H. TEN-116, LTD., A TEXAS
LIMITED PARTNERSHIP, BAYTOWN RICELAND VENTURE, JV, A TEXAS JOINT
VENTURE, AND TEN MAIN-BAYTOWN, LTD., A TEXAS LIMITED PARTNERSHIP,
CONCERNING THE ANNEXATION OF A 571.841 ACRE TRACT OF LAND BEING A
I16.133-ACRE TRACT DESCRIBED AS OF TRACTS 1, 2, 3, 4, AND 5 IN THE
WARRANTY DEED WITH VENDOR'S LIEN RECORDED UNDER HARRIS COUNTY
CLERK'S FILE NO. F592126 OF THE REAL PROPERTY RECORDS OF HARRIS
COUNTY, TEXAS; A 69.95-ACRE TRACT DESCRIBED IN THE GENERAL WARRANTY
DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. G061967 OF THE
REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS, A 116.00-ACRE TRACT
DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED UNDER HARRIS
COUNTY CLERK'S FILE NO. G061963, A 43.31-ACRE TRACT DESCRIBED IN THE
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN RECORDED UNDER HARRIS
COUNTY CLERK'S FILE NO. T086062, AND A 226.453-ACRE TRACT DESCRIBED
UNDER HARRIS COUNTY CLERK'S FILE NO. G350652; AUTHORIZING THE
PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution granting the petition of Betty L. Criddle, independently and
as sole heir, trustee, and executrix of the Estates of C.D. Moneyhon and Jonnie Mae
Moneyhon, and Sanco Partnership, Ltd, concerning the annexation of a fifty-foot strip of
land adjacent to the east right-of-way of N. Main Street, out of Tracts 3B, 3C, 3F, 3G and
51, Abstract 21, of the G. Ellis Survey, Harris County Texas.
Interim City Manager Leiper explained that the Proposed Resolution grants the petition of Betty
L. Criddle, independently and as sole heir, trustee, and executrix of the Estates of C.D.
Moneyhon and Jonnie Mae Moneyhon, and Sanco Partnership, Ltd, concerning the annexation of
Page 11 of 18
Minutes of the Regular Session Meeting— April 26, 2007
a fifty-foot strip of land adjacent to the east right-of-way of N. Main Street, out of Tracts 3B, 3C,
3F, 3G and 51, Abstract 21, of the G. Ellis Survey, Harris County Texas. This tract of land is
contiguous to the city limits of Baytown; is currently vacant and without residents and will be
continue to be vacant. The property is located to the north of I-10 east of N. Main Street and is
one of several annexations which will be necessary in order for the City to annex the Goose
Creek Consolidated Independent School District’s proposed new high school located at
Wallisville Road and N. Main Street so that the District may receive City services, including,
fire, police, EMS, water, wastewater, etc., at that site.
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 and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1850
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF BETTY L. CRIDDLE, INDEPENDENTLY AND AS SOLE
HEIR, TRUSTEE, AND EXECUTRIX OF THE ESTATES OF CD. MONEYHON AND
JONNIE MAE MONEYHON, AND SANCO PARTNERSHIP, LTD, CONCERNING THE
ANNEXATION OF A FIFTY-FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT-
OF-WAY OF N. MAIN STREET, OUT OF TRACTS 3B, 3C, 3F, 3G AND 51, ABSTRACT
21, OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING THE
PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution supporting House Bill 4017, as filed by Representative
Wayne Smith on March 23, 2007, relating to the creation of the Harris County Municipal
Utility District No. 510, providing authority to impose a tax and issue bonds, and granting
the power of eminent domain.
Interim City Manager Leiper explained that the Proposed Resolution supports House Bill 4017,
as filed by Representative Wayne Smith on March 23, 2007, relating to the creation of the Harris
County Municipal Utility District No. 510 (the “MUD), providing authority to impose a tax and
issue bonds, and granting the power of eminent domain. The MUD will be an in-city municipal
utility district located north of I-10 near N. Main Street. The proposed resolution supports the
House Bill as filed. Should the legislation pass, the MUD will later seek the City’s consent for
creation. This property is also on the agenda to begin the annexation process. The support for
MUD creation is contingent upon successful annexation into the City of Baytown.
Council Member Murray moved to approve the Resolution as submitted. Council Member
Capetillo seconded the motion. The vote follows:
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Minutes of the Regular Session Meeting— April 26, 2007
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1851
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS,
SUPPORTING THE PASSAGE OF HOUSE BILL 4017 AS FILED BY REPRESENTATIVE
WAYNE SMITH ON MARCH 23, 2007,'RELATING TO THE CREATION OF THE HARRIS
COUNTY MUNICIPAL UTILITY DISTRICT NO. 510, PROVIDING AUTHORITY TO
IMPOSE A TAX AND ISSUE BONDS, AND GRANTING THE POWER OF EMINENT
DOMAINAND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motions
Consider proposed revisions to Year Four of the 2001 Street Bond Program to authorize
the use of funds from street, drainage, and water and sewer construction funds, to approve
the revised street list; and to authorize the advertisement of bids for the reconstruction of
Kilgore Road and selected segment of Bob Smith Road.
Interim City Manager Leiper explained that the City Council approved the allocation of funds for
Year Four of the 2001 Street Bond Program in May of 2006 and approved the selection of streets
in Districts One and Three in July of 2006; however, in December of 2006, the cost estimates
from the preliminary design exceeded the funds available to complete all of selected streets. In
subsequent discussions, staff was directed to develop an alternative plan to allow the
implementation of street reconstruction under Year Four of the 2001 Street Bond Program.
After reviewing options and alternatives which included such measures as cancelling certain
projects entirely or replacing the allocation for Year One of the planned 2007 Street Bonds, staff
has developed a recommended funding plan to allow Year Four to proceed with minimal change
in scope. The proposed plan draws funds from three different sources, reschedules a wastewater
rehabilitation project and reduces the size of District One and District Three street funding.
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Minutes of the Regular Session Meeting— April 26, 2007
YEAR FOUR STREET BONDS FUNDING PROPOSAL
(use 2008 W&S funds, 2001 drainage bonds and reduce District 1 & 3 to $1M)
Drainage
2001 GO Bonds W&S Fund Fund
Fund paving of Kilgore and Bob Smith from
GO Bonds $2,671,000
Fund Kilgore and Bob Smith utilities from (1)
TWDB project savings on Lakewood & West
Baytown projects, and
(2) utilize finding for the Central Heights
Sewer Project, moving it to 2008 and add this
amount to 2007-2008 W&S bond sale
$1,357,000
Fund Kilgore regional drainage work from
2001 drainage GO bonds $567,000
Fund Districts One and Three at $500,000
each (reduced from $772,603 each) $1,000,000
Totals $3,671,000 $1,357,000 $567,000
PROJECT TOTAL $5,595,000
REVISED STREET SELECTIONS
District One
West Gulf Laredo Hwy 146 $352,000
Shilling Garth Dead End $101,000
District Three
Caldwell Robin North Holly $330,000
Rollingwood Decker North Burnet $212,000
Total $995,000
The above proposed action will adopt this funding and allocation plan, approve the
advertisement of bids for Kilgore and Bob Smith as soon as the plans are complete, and
authorize negotiation of a contract for final design on the revised list of streets for Districts One
and Three. Council Member Capetillo has agreed to revise his request for Year Four to Caldwell
Street and Rollingwood Drive at an estimated cost of $542,000. Council Member Renteria has
agreed to revise his request for Year Four Streets to West Gulf and Schilling at an estimated cost
of $453,000.
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Minutes of the Regular Session Meeting— April 26, 2007
If this plan is approved, final design on Kilgore and Bob Smith will continue with advertisement
for bids, which will be expected in early fall with construction commencing around
Thanksgiving. The PER on District One and Three streets will be finalized in the next 30 days,
and a contract will be presented for final design to Council for consideration in the near future.
Council Member Capetillo moved to approve the proposal as submitted. 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.
Council Member Mahan recognized Interim City Manager Leiper for his hard work in getting
this done. The Mayor thanked Council Members Capetillo and Renteria and Mr. Leiper thanked
his staff.
Reports
Receive quarterly investment report for the period ending March 31, 2007 for the City of
Baytown.
Ms. Andrea Deaton, Assistant Director of Finance presented the City of Baytown’s Investment
Report for the quarter ended March 31, 2007. The report was presented in accordance with the
Public Funds Investment Act Section 2256-023 (a) and (b). Council received the report.
Receive quarterly financial reports for the period ended March 31, 2007 for the City of
Baytown.
Ms. Andrea Deaton, Assistant Director of Finance presented the City of Baytown’s Financial
Report for the quarter ended March 31, 2007. The report was received.
CONSENT
Council Member Mahan moved to approve the Consent agenda items 4a through 4c. Council
Murray seconded the Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 15 of 18
Minutes of the Regular Session Meeting— April 26, 2007
Consider Proposed Ordinance authorizing an agreement with Hugh L. Landrum &
Associates, Inc. for the appraisal of the Baytown Industrial Districts.
ORDINANCE NO. 10,598
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A CONTRACT WITH HUGH L. LANDRUM &
ASSOCIATES, INC., FOR THE APPRAISAL OF PROPERTY WITHIN THE BAYTOWN
INDUSTRIAL DISTRICTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
THE AMOUNT OF THIRTY-TWO THOUSAND AND NO/100 DOLLARS ($32,000.00);
MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving final payment to Angel Brothers, Enterprises
LTD, and accepting the 2006 Mill & Overlay Project.
ORDINANCE NO. 10,599
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE 2006 MILL & OVERLAY PROJECT; AUTHORIZING FINAL PAYMENT
OF THE SUM OF TWO HUNDRED SIXTY-SIX THOUSAND FOUR HUNDRED THIRTY
AND 53/100 DOLLARS ($266,430.53) TO ANGEL BROTHERS, ENTERPRISES LTD, FOR
SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution authorizing the Interim City Manager to apply to U.S.
Department of Homeland Security for the 2007 Assistance to Firefighters Grant for
firefighter safety equipment, technical rescue training and for the purchase of an
emergency medical services mobile intensive care unit.
RESOLUTION NO. 1852
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICATION TO U. S.
DEPARTMENT OF HOMELAND SECURITY FOR A 2007 ASSISTANCE TO
FIREFIGHTERS GRANT IN THE AMOUNT OF THREE HUNDRED THIRTYTHREE
THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($333,578.00)
FOR THE PURPOSE OF PROVIDING FOR FIREFIGHTER SAFETY EQUIPMENT,
TECHNICAL RESCUE TRAINING, AND AN EMERGENCY MEDICAL SERVICES
MOBILE INTENSIVE CARE UNIT; DESIGNATING AN AUTHORIZED
REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM
ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING EIGHTY-
SIX THOUSAND SEVENTY-THREE AND NO/100 DOLLARS ($86,073.00) IN MATCHING
FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 16 of 18
Minutes of the Regular Session Meeting— April 26, 2007
APPOINTMENTS
Consider confirmation of the Mayor's appointments to the Baytown Housing Authority
Board (1).
This item was not ready.
Consider confirmation of the Mayor's appointments to the Baytown Housing Finance
Corporation Board (1).
This item was not ready.
Consider appointment to the Community Development Advisory Committee (1).
This item was not ready.
Consider appointment to the Urban Rehabilitation Standards Review Board (1).
This item was not ready.
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 an emergency services
training site.
Mayor DonCarlos announced a recess at 7:26 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 an emergency services training site.
At 7:45 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.
MANAGER'S REPORT
Receive update on Library Grants.
Katherine Brown, City Librarian gave an update on the following Library grants received by her
department:
Texas Folk Festival Grant for $2500
$5000 for software packages (literacy packages)
$5000 from ExxonMobil for Science
$5000 from ExxonMobil for Literacy
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Minutes of the Regular Session Meeting— April 26, 2007
$5000 from ExxonMobil for Arts
$10000 by ExxonMobil for laptop computers
Ms. Brown closed the presentation by stating that her department is always looking for creative
funding. She gave recognition to her staff that prepared and applied for these grants.
The EOC Ribbon Cutting will be held on May 22, 2007 at 5:00 p.m.
Receive Departmental Presentations from Planning and Development Services.
Kimberly Brooks, Interim Planning Manager, opened the presentation for the Planning and
Development Services department. She recognized all staff present and explained that this
department is composed of three divisions of which she will explain the functions of the
Planning Division.
Planning Division
Ms. Brooks stated that the planning division oversees five major areas of activities. These areas
are:
Long Range Planning
The Sub-Division Ordinance
The Landscape Ordinance
The Zoning Ordinance
The Tower Ordinance
Ms. Brooks fielded questions about each area as needed.
Community Development Block Grant (CDAC) Division
This division of the Planning and Development Services Department was presented by Tiffany
Foster. Ms. Foster reviewed the Core Services of the CDAC Division as follows:
Homebuyers’ Assistance
Homebuyers’ Counseling Workshops
Owner-Occupied Housing Rehabilitation
Single-Family Housing Rental Inspections
Demolition of Structures (Monitor Owner-Compliant Repairs)
Senior/Disabled Citizens Transportation
CDBG Residential Sewer Line Repair & Replacement
Fair Housing
CDBG Funding
Monitoring of CDBG-Funded Programs
Staff support to the Community Development Advisory Committee
Staff support to the Urban Rehabilitation Standards Review Board
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Minutes of the Regular Session Meeting— April 26, 2007
Ms. Foster reviewed the CDAC Budget and the following Programs the Division oversees:
Homebuyers’ Assistance Program;
Homebuyers’ Counseling Workshop;
Owner-Occupied Housing Rehabilitation Program;
Single-Family Housing Rental Inspection Program;
Demolition of Structures;
Senior/Disabled Citizens Transportation; and
Other Programs
Building Services Division
Mark Stelly gave the presentation for the Building Services Division. He began with the
Division’s Mission Statement and Organizational Chart.
Mr. Stelly explained to Council the Division’s Core Services and gave a brief description of each
area’s responsibility and service provided. The core services explained were:
Building Code Enforcement
Zoning Enforcement
Plan Review
Permits and Licenses
Inspections
Floodplain Management
Citizen Education
Services - Support
Mr. Stelly closed his presentation with the Accreditations held by the members of this Division.
ADJOURN
Assistant City Manager Knauf reminded Council Members that their City Manager Profiles are
due on Monday.
Council Member Capetillo moved to adjourn the meeting. 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.
With no additional business the meeting adjourned at 8:12 p.m.
______________________________
Lorri Coody, City Clerk