2007 06 28 CC Minutes
MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF
THE CITY OF BAYTOWN
June 28, 2007 - 6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on June 28, 2007, at 6:30
p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Lena R. Yepez, Council Member
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
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present.
MINUTES
Consider approval of the minutes from the Special Council Meeting held on June 7, 2007
and the Special Council Meeting and Work Session Meeting held on June 12, 2007.
Council Member Sheley moved to approve the minutes as submitted. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Approve corrected minutes from the Special Council Meeting held May 22, 2007.
Council Member Sheley moved to approve the corrected minutes for the Meeting held on May
22, 2007 as submitted. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— June 28, 2007
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Presentation of the Youth of the Month Award.
Mayor DonCarlos made the presentation to the youth of the month, Kayla Wilson who is a
graduate of Ross Sterling High School, graduating in the top 11% of her class. After being
accepted by several outstanding universities Kayla has chosen to continue her education at
Louisiana State University (LSU). In the meantime, she has already taken her first college
English course at Lee College.
Kayla sets very high standards for herself and for that reason she is a high achiever. She is a
member of the National Honor Society, Who’s Who Among American High School Students,
Student Council, Key Club, Ranger Leaders, and Crime Stoppers. She also volunteers in the
community by assisting with the Relay for Life, Trash Off, Special Olympics and the Volleyball
Club. Immediately following Hurricane Katrina she spent countless hours preparing and
delivering home cooked meals to the hotels that were housing the evacuees.
Kayla is an asset to the entire City of Baytown. Today we honor her for her outstanding
achievements and thank her for her desire to serve and give back to this community. We
congratulate her and wish her the very best.
Mr. K. M. Williamson is requesting to address Council concerning the $700,000 being
spent on West Texas Avenue and the condition of the street since construction has begun.
Mr. K. M. Williamson made his presentation to Council. He told Council about Schilling and
Gresham streets and about that problem. Two block areas are bad. Ms. Powell uses a wheel
chair to go to the drug store and it is bad. To get out of the apartment complex is really bad and
rough. Schilling is under design for reconstruction which should be complete by the end of the
year. Ms. Powell uses and electric cart. Staff will take a look at it.
PUBLIC HEARINGS
Conduct the first public hearing on the proposed annexation of a 1.0941 acre tract of land
situated in the W. C. Railroad Company Survey, Abstract 899, Harris County, Texas and
being out of and a part of that certain called 126.735 acre tract (Tract One) conveyed by
Florence Godfrey, et al, to Garth-Archer, Charles H. Grube, LTD, by Deed dated
February 15, 1973 and recorded under County Clerk's File No. D806833 of the Deed
Records of Harris County, Texas.
Mayor DonCarlos opened the first public hearing on this annexation at 6:37 p.m. Interim City
Manager Leiper explained that the property is situated in the W. C. Railroad Company Survey,
Abstract 899, Harris County, Texas and being out of and a part of that certain called 126.735
acre tract (Tract One) conveyed by Florence Godfrey, et al, to Garth-Archer, Charles H. Grube,
LTD, by Deed dated February 15, 1973 and recorded under County Clerk's File No. D806833 of
the Deed Records of Harris County, Texas. The property is located south of I-10 on Garth Road
and is between Hunt Street and Archer Street on the East Side of Garth Road and will be
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Minutes of the Regular Session Meeting— June 28, 2007
developed for construction of a hotel. With no one signing up to speak at this hearing, Mayor
DonCarlos closed the meeting at 6:38 p.m.
Conduct the second public hearing on the proposed annexation of a 1.0941 acre tract of
land situated in the W. C. Railroad Company Survey, Abstract 899, Harris County, Texas
and being out of and a part of that certain called 126.735 acre tract (Tract One) conveyed
by Florence Godfrey, et al, to Garth-Archer, Charles H. Grube, LTD, by Deed dated
February 15, 1973 and recorded under County Clerk's File No. D806833 of the Deed
Records of Harris County, Texas.
Mayor DonCarlos opened the second public hearing on this annexation at 6:38 p.m.
With no one signing up to speak at this hearing, Mayor DonCarlos closed the second public
hearing at 6:38 p.m.
BUSINESS ITEMS
Proposed Ordinances
Consider Proposed Ordinance authorizing the renewal of the 2005 Annual Crack Sealing
Contract with SCR Construction Company, Inc.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes the renewal of
the 2005 Annual Crack Sealing Contract to SCR Construction Company, Inc., and authorizes
payment up to the annual budgeted amount of $300,000. The bid amount for the contract was
$157,500 based upon unit pricing and the contract contained an option to renew the contract for
two additional terms. In 2005, the City Council awarded both Year 1 and Year 2 of the contract
for a total of $300,000. SCR Construction Company, Inc., completed the first two terms of the
2005 Annual Crack Sealing Contract Project and exceeded the City’s performance expectations.
SCR Construction Company, Inc., requested that the agreement be renewed for the last one year
term with no price increase. We believe that such renewal is in the best interest of the City and
are requesting that the City Council renew the contract for the final term and authorize
expenditures up to $300,000. The scope of work includes crack/joint sealing with hot poured
asphalt rubber to both reinforced concrete roadways as well as asphalt streets. The streets that
will be selected for this will be based upon the Pavement Condition Index contained within the
Fugro-Bre, Inc. report. This will be an annual contract based on minimum $100,000 work orders.
The street maintenance sales tax will fund this contract.
Council Member Mahan moved to approve the Ordinance as submitted. Council
Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— June 28, 2007
ORDINANCE NO. 10,639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF SCR CONSTRUCTION COMPANY, INC., FOR THE
2005 ANNUAL CRACK SEALING CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF THREE HUNDRED THOUSAND AND NO/100
DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
CONSENT
Council Member Sheley moved to approve the Consent agenda items 5a through 5c. Council
Member Capetillo seconded the Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Caskey, Mahan, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Ms. Betty Copeland, 5410 Lorraine Drive, 424-4216 (Hemlock and Baker) – Ms. Copeland
addressed Council after the approval of the Consent agenda. She gave appreciation to Council
for passing the Ordinance authorizing the no parking along both sides of Hemlock Drive starting
at Baker Road and extending North 295 feet.
Consider Proposed Ordinance amending Chapter 94 “Traffic and Vehicles,” Article IV
“Specific Street Regulations,” Section 94-121 "Schedules enumerated" of the Code of
Ordinances, Baytown, Texas, to approve the installation of two stop signs at the
intersection of Missouri and Wyoming to make the intersection a three way stop.
ORDINANCE NO. 10,640
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
VIII "DESIGNATION" STOP AND YIELD INTERSECTIONS," OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE
INSTALLATION OF TWO STOP SIGNS AT THE INTERSECTION OF MISSOURI STREET
AND WYOMING STREET; AUTHORIZING THE POSTING OF PROPER SIGNS;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS
($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— June 28, 2007
Consider Proposed Ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations," Section 94-121 "Schedules enumerated," Schedule III
"Designation No Parking Zones" of the Code of Ordinances, Baytown, Texas, to designate
a "No Parking, Tow Away Zone" along the west side of Carnegie Street starting from the
teachers' parking lot entrance extending 360 feet north toward Market Street and another
such zone along both sides of Hemlock Drive starting at Baker Road and extending north
295 feet.
ORDINANCE NO. 10,641
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 "NO PARKING, TOW
AWAY ZONE" ALONG THE WEST SIDE OF CARNEGIE STREET STARTING FROM
THE TEACHERS' PARKING LOT ENTRANCE EXTENDING 360 FEET NORTH TOWARD
MARKET STREET AND ANOTHER ALONG BOTH SIDES OF HEMLOCK DRIVE
STARTING AT BAKER ROAD AND EXTENDING NORTH 295 FEET; 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.
Consider Proposed Resolution authorizing the Interim City Manager to apply for the
Justice Assistance Grant (JAG) from U.S. Department of Justice for 2007.
RESOLUTION NO. 1863
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 TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR
FISCAL YEAR 2007 GRANT FUNDS FROM THE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMOUNT OF THIRTY THOUSAND
THREE HUNDRED FOUR AND NO/100 DOLLARS ($30,304.00); DESIGNATING AN
AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO
ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
APPOINTMENTS
Election of the Mayor Pro Tem.
Council Member Mahan motioned to nominate Council Member Capetillo to serve as Mayor Pro
Tem. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Caskey, Mahan, Sheley, and Yepez
Mayor DonCarlos
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Minutes of the Regular Session Meeting— June 28, 2007
Nays: None
The motion carried.
Consider Appointment to the Baytown Municipal Development District (1).
Council Member Sheley moved to appoint Kitty Allen to serve as Director of the Baytown
Municipal Development District for a term to being June 1, 2007 and end on June 1, 2009.
Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Caskey, Mahan, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointment to the Community Development Advisory Committee (1).
Council Member Mahan moved to appoint Robert Sorenson to serve as Director of the
Community Development Advisory Committee for District Six as the white member of Hispanic
origin to fill the unexpired term of Mr. Joe Frank Robins which expires on January 1, 2009.
Council Member Yepez seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Caskey, Mahan, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
EXECUTIVE SESSION
No executive session was held.
MANAGER'S REPORT
Received an update on the November 2007 Bond Election Preparations.
2007 Baytown 4th of July Celebration will be held at Bicentennial Park beginning July 3,
2007 at 5:30 p.m.
Received an update on the demolition of Taft Circle Apartments.
Received departmental presentation by the Police Department.
Chief Jones opened the presentation by outlining for Council the various locations in the City
that house police operations. These locations are as follows:
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Minutes of the Regular Session Meeting— June 28, 2007
a. Police Station - 3200 N. Main
b. Jail - 3100 N. Main
c. Training Academy - 203 E. Wye Dr.
d. Police Garage
e. Community Services - E. Defee
f. 305 S. Main
g. Substation - Market Street
h. Police Range
i. Animal Control
Chief Jones explained that the Police Department is organized into Five (5) Bureaus as
follows:
1. Administration Bureau
2. Patrol Bureau
3. Investigations Bureau
4. Support Services Bureau
5. Community Services Bureau
He then explained the organizational structure of each Bureau and the services connected
with same.
ADJOURN
Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the
Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 7:00 p.m.
______________________________
Lorri Coody, City Clerk