2007 07 26 CC Minutes
MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF
THE CITY OF BAYTOWN
July 26, 2007 - 6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on July 26, 2007,
at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in
attendance:
Don Murray, Council Member
Brandon Capetillo, Council Member
Sammy Mahan, Council Member
Lynn A. Caskey III, Council Member
Scott Sheley, Council Member
Lena R. Yepez, Council Member
Stephen H. DonCarlos, Mayor
Robert D. Leiper, Interim City Manager
Kelvin Knauf, Assistant City Manager
Ignacio Ramirez, City Attorney
Leticia Garza, Assistant 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 July 12,
2007 and the Regular Council Meeting and Work Session Meeting held on July 12,
2007.
Council Member Caskey moved to approve the minutes as submitted. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: none
Abstain: Council Members Yepez and Sheley
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Mr. Ken Williamson to address City Council regarding Texas Avenue and the cost
of its resurfacing.
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Minutes of the Regular Session Meeting — July 26, 2007
Mr. Ken Williamson addressed the City Council regarding the resurfacing of West Texas
Avenue and the $700,000 cost associated with the project. Mr. Williamson believes that
Texas Avenue was a good area before the City started working on it. He also believes
that there is not enough traffic in this area to merit the construction expenses and asked
Council to consider using these monies to resurface other residential roads, such as
Kilgore Road.
Mayor DonCarlos thanked Mr. Williamson for his comments and informed him that
Kilgore Road is currently on the engineering list to be completely redone. Also, as a
point of clarification, Mayor DonCarlos informed the public that the $700,000 in question
is not for the resurfacing of Texas Avenue, but instead is a grant secured by Congressman
Gene Green for streetscape projects in this area.
Recognize the Baytown Explorer’s Post #1255.
Mayor DonCarlos recognized the participation of the Baytown Police Explorers Post
#1255 in the 2007 Competition of a Lifetime, held from July 13th - 15th in Bay City,
Texas.
Chief Byron Jones recognized Officer Parker and Fitzgerald to speak on the Explorer’s
participation in this event. Officer Parker started with the program in 1998 and since that
time has seen the program grow from having 3 participants to an estimated 25. This
program is self-funded and promotes young people from the ages of 14-18 who have an
interest in law enforcement.
The Explorers were introduced to the Council and the three participants at the Bay City
competition were singled out for their achievements. Explorer Martinez, Explorer Kelley
th
and Explorer Elser placed in 5 place out of 30 Explorer Post.
The Baytown Police Explorer Team No. 39 participated and placed in 9 out of the 10
events as follows:
Arrest Search and Seizure - First Place Building Clearing - Second Place
Crime Prevention - Third Place Crime Scene - First Place
Driving Course - Second Place Felony Traffic - First Place
Domestic Disturbance - Third Place Collision Investigation - First Place
SFST/DWI - Second Place
Mayor DonCarlos asked the parents of the participating Explorers to stand with their
children in order to be recognized by the Council. The Mayor also thanked all of the
participants for their work and dedication and extended his wishes to one day see them as
Baytown Police Officers.
The Baytown Explorer Program holds meetings every Tuesday in the Municipal Court,
Room B from 6:00 p.m. to 9:00 p.m. All interested can visit their website at
www.BaytownwExplorers.com.
Page 3 of 28
Minutes of the Regular Session Meeting — July 26, 2007
PUBLIC HEARINGS
Conduct a public hearing regarding the fiscal year 2007-08 Budget adopted by the
Board of Directors of the Baytown Crime Control and Prevention District and
submitted to City Council.
Council conducted a public hearing regarding the fiscal year 2007-08 Budget adopted by
the Board of Directors of the Baytown Crime Control and Prevention District and
submitted to City Council. As set forth in state law, (LGC 363.205(a)), the local
governing body must hold a public hearing on the budget adopted by the Board. Notice
of the Public Hearing was published in The Baytown Sun on Monday, July 16, 2007 and
posted to the City of Baytown website on Friday, July 13, 2007.
Conduct a public hearing regarding the fiscal year 2007-08 Budget adopted by the
Board of Directors of the Baytown Fire Control, Prevention, and Emergency
Medical Services District and submitted to City Council.
Council conducted a public hearing regarding the fiscal year 2007-08 Budget adopted by
the Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical
Services District and submitted to City Council. As set forth in state law, (LGC
344.205(a)), the local governing body must hold a public hearing on the budget adopted
by the Board. Notice of the Public Hearing was published in The Baytown Sun on
Monday, July 16, 2007 and posted to the City of Baytown website on Friday, July 13,
2007.
BUSINESS ITEMS
PROPOSES ORDINANCES
Consider Proposed Ordinance approving the 2007-08 Baytown Crime Control and
Prevention District Budget.
Interim City Manager Leiper explained that the Proposed Ordinance approves the 2007-
08 Baytown Crime Control and Prevention District Budget. The CCPD held a public
hearing and adopted the budget for fiscal year 2007-08 on July 26, 2007. As set forth in
State law, (LGC 363.205 (d) (e)), the local governing body must approve or reject the
budget adopted by the Board at least 30 days before the beginning of the fiscal year. The
governing body may not amend the budget. If the governing body rejects the budget, the
governing body and the board shall meet and together amend and approve the budget
before the beginning of the fiscal year.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
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Minutes of the Regular Session Meeting — July 26, 2007
Nays: None
The motion carried.
ORDINANCE NO. 10,653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE FISCAL YEAR 2007-08 BUDGET SUBMITTED BY THE
BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance approving the 2007-08 Baytown Fire Control,
Prevention, and Emergency Medical Services District Budget.
Interim City Manager Leiper explained that the Proposed Ordinance approves the 2007-
08 Baytown Fire Control, Prevention, and Emergency Medical Services District Budget.
The Baytown FCPEMSD held a public hearing and adopted the budget for fiscal year
2007-08 on July 26, 2007. As set forth in State law, (LGC 344.205 (d) (e)), the local
governing body must approve or reject the budget adopted by the Board at least 30 days
before the beginning of the fiscal year. The governing body may not amend the budget. If
the governing body rejects the budget, the governing body and the board shall meet and
together amend and approve the budget before the beginning of the fiscal year.
Council Member Capetillo moved to approve the Ordinance as submitted. Council
Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE FISCAL YEAR 2007-08 BUDGET SUBMITTED BY THE
BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION,
AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance for the second reading of the Ordinance annexing
property currently within the extra-territorial jurisdiction of the City of Baytown
and being described as 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
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Minutes of the Regular Session Meeting — July 26, 2007
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 Ordinance is for the second
reading of the Ordinance annexing property currently within the extra-territorial
jurisdiction of the City of Baytown and being described as 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 went on to describe that the 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. City Council conducted the first and second public hearings
for this annexation on the 10th day of May, 2007 with said notice being published in the
April 30, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on
April 27, 2007.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
ORDINANCE NO. 10,620
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 571.841-ACRE
TRACT OF LAND BEING A 116.133-ACRE TRACT DESCRIBED AS OF TRACTS
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Minutes of the Regular Session Meeting — July 26, 2007
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; WHICH
SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance placing the property annexed into the City of
Baytown in the previous agenda item and being described as 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
in Council District 4.
Interim City Manager Leiper explained that the Proposed Ordinance places the property
annexed into the City of Baytown in the previous agenda item and being described as
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 in Council District 4.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
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Minutes of the Regular Session Meeting — July 26, 2007
The motion carried
ORDINANCE NO. 10,655
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS
ADDING 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 TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance for the second reading of the Ordinance annexing
property currently within the extra-territorial jurisdiction of the City of Baytown
and being described as 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 Ordinance is for the second
reading of the Ordinance annexing property currently within the extra-territorial
jurisdiction of the City of Baytown and being described as 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.
The fifty-foot strip of land is contiguous to the city limits of Baytown; is currently vacant
and without residents. 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. City Council
conducted the first and second public hearings for this annexation on the 10th day of
May, 2007 with said notice being published in the April 30, 2007 issue of The Baytown
Sun and posted on the City of Baytown’s website on April 27, 2007.
Council Member Capetillo moved to approve the Ordinance as submitted. Council
Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Page 8 of 28
Minutes of the Regular Session Meeting — July 26, 2007
Nays: None
The motion carried
ORDINANCE NO. 10,619
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 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; WHICH SAID TERRITORIES LIE
ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE
CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance placing the property annexed into the City of
Baytown in the previous agenda item and being described as 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 in Council
District 4.
Interim City Manager Leiper explained that the Proposed Ordinance places the property
annexed into the City of Baytown in the previous agenda item and being described as 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 in
Council District 4.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
ORDINANCE NO. 10,656
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A FIFTY-FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT-
FWAY OF N. MAIN STREET, OUT OF TRACTS 3B, 3C, 3F, 3G AND 51,
ABSTRACT 21, OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, TO
COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting — July 26, 2007
Consider Proposed Ordinance for the first reading of the Ordinance annexing
property currently within the extra-territorial jurisdiction of the City of Baytown
and being described as 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.
Interim City Manager Leiper explained that the Proposed Ordinance is for the first
reading of the Ordinance annexing property currently within the extra-territorial
jurisdiction of the City of Baytown and being described as 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.
The 1.0941 acre tract of land is contiguous to the city limits of Baytown; is vacant and
without residents. 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 developed for
construction of a hotel. City Council conducted the first and second public hearings for
this annexation on the 28th day of June, 2007 with said notice being published in the June
18, 2007 issue of The Baytown Sun and posted on the City of Baytown’s website on June
18, 2007.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
ORDINANCE NO. 10,657
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 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
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Minutes of the Regular Session Meeting — July 26, 2007
COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN,
TEXAS.
Consider Proposed Ordinance authorizing the Interim City Manager to proceed
with the Application for the Sale, Transfer or Merger of a Retail Public Utility and
to take other appropriate action for the transfer of the Bay Oaks Harbor Utility
Systems.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes the
Interim City Manager to proceed with the Application for the Sale, Transfer or Merger
(STM) of a Retail Public Utility and to take other appropriate action for the transfer of the
Bay Oaks Harbor Utility Systems. Mr. John M. Fultz (the Receiver) was appointed
Receiver for the Bay Oaks Harbor Water and Sewer Systems (the Systems), which serve
Bay Oaks Harbor Subdivision, Section I.
The City and Mr. Fultz have been working toward transferring the Systems and its assets
to the City. Such work commenced only after (i) an investigative study was performed by
the City in 2005, wherein the City conducted tests of the Systems to determine their
conditions and the repairs that the City would require if the City were to accept the
transfer and (ii) the City Council authorized a Letter of Intent and Agreement in Principal
with the Receiver and the Bay Oaks Harbor Property Owners Association, Inc. (the
Agreement).
The Receiver has performed in accordance with such Agreement and has obtained the
approval of the transfer of the Systems from the District Court of Travis County, which is
overseeing the receivership of the Systems. Recently, the Receiver and the City worked
to complete the documentation necessary for the STM application required to obtain the
approval of the transfer by the Texas Commission on Environmental Quality (TCEQ).
This proposed resolution authorizes the Interim City Manager to execute the application
for STM for filing with the TCEQ and to take other appropriate steps for the transfer of
the Systems contingent upon the following:
(1) The Bay Oaks Harbor Property Owners Association, Inc.'s (the "POA") fulfillment
of its agreement:
a. to grant to the City easements for public utilities on, over, under, and along all
existing private roads within the Bay Oaks Harbor Subdivision, Section I;
b. not to oppose or protest the imposition of a monthly assessment/surcharge of
an amount sufficient over time to discharge the cost to the City of bringing the Systems
into compliance with the minimum standards of the TCEQ for water and sewer systems;
c. to pay the Receiver of all outstanding accounts payable due to the Receiver arising
in the operation of the Systems as of the date of the Transfer; and
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Minutes of the Regular Session Meeting — July 26, 2007
d. to obtain the agreement of its members as to the representations made by the POA
in the Agreement; and
(2) that no debt exists regarding the receivership or the Systems on the date of the
transfer.
Should the contingencies be satisfied, the process going forward is as follows:
(1) The Receiver forwards the application for STM to TCEQ;
(2) TCEQ reviews the submitted application;
(3) TCEQ notifies the Receiver of any deficiency(ies) in the application;
(4) The Receiver corrects the deficiency(ies) within 30 days of notice thereof;
(5) TCEQ issues a letter stating that the application is administratively complete;
(6) TCEQ directs the Receiver to send the Notices of the STM (to Neighboring Cities
and to Customers);
(7) If a protest is filed, there will be a hearing before an SOAH Judge in Travis
County; and
(8) If no protest is filed, then await final approval of the TCEQ.
There is a minimum 120-day waiting period after notices are sent until the transfer may
become effective.
Council thanked all the staff and participants for the work that was done to complete this
item.
Mr. Fultz was present at the meeting to answer any questions and with no questions
forthcoming thanked the Council for their time and support.
Council Member Sheley moved to approve the Ordinance as submitted. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
ORDINANCE NO. 10,658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING, SUBJECT TO THE SATISFACTION OF
CERTAIN CONDITIONS PRECEDENT, THE INTERIM CITY MANAGER TO
PROCEED WITH THE APPLICATION FOR THE SALE, TRANSFER OR MERGER
OF A RETAIL PUBLIC UTILITY AND TO TAKE OTHER APPROPRIATE ACTION
FOR THE TRANSFER OF THE BAY OAKS HARBOR UTILITY SYSTEMS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting — July 26, 2007
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
Hotel Occupancy Tax Contingency Fund for the cost of tourism and promotion
services to be provided by the Economic Alliance Houston Port Region and
authorizing an Economic Development Agreement with Economic Alliance Houston
Port Region to enhance and promote tourism and the convention and hotel industry
in the Baytown and its vicinity through the newly created San Jacinto Texas
Historic District -- Project Stars.
Interim City Manager Leiper explained that the Proposed Ordinance (i) makes a change
in the City of Baytown’s Fiscal Year 2006-2007 budget for municipal purposes in order
to reprogram funds in the Hotel Occupancy Tax Contingency Fund for the cost of tourism
and promotion services to be provided by the Economic Alliance Houston Port Region
and (ii) authorizes an Economic Development Agreement with Economic Alliance
Houston Port Region (the Alliance) to enhance and promote tourism and the convention
and hotel industry in the Baytown and its vicinity through the newly created San Jacinto
Texas Historic District -- Project Stars. Under the proposed agreement, the Alliance will:
promote or advertise the City of Baytown and its surrounding area to attract
conventions, visitors and businesses;
present Baytown in the marketing materials and programs of the Alliance
including its regional website and newly created San Jacinto Texas Historic
District (Project Stars);
provide copies of Alliance publications;
invite City officials and staff to all events, workshops or forums organized and/or
hosted by the Alliance; and
reserve one voting membership position on the Board of Directors of the Alliance
for a designee of the City of Baytown and another for a designee of the Baytown
Chamber of Commerce.
For such services, the City will pay up to $10,000 a year for three years from its hotel
occupancy tax revenues. Because this proposed agreement is to be funded by hotel
occupancy tax revenues, the restrictions placed on such funds by state law are
incorporated into the agreement, which restrictions include, in part, record keeping,
apportionment limitations, restrictions on use, separate accounts, financial records, and
quarterly and annual reports. The Agreement is for three years but contains a non-funding
provision should subsequent years not be funded by the City Council. The first term
commences July 1, 2007.
Interim City Manager Leiper pointed out to Council that by approving this ordinance, the
$10,000 dues would be paid out of the 2006-07 budget and therefore they approved
amendment of the 2006-07 municipal budget in order to incur the $10,000 cost.
Council briefly discussed the item and moved to approve.
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Minutes of the Regular Session Meeting — July 26, 2007
Council Member Sheley moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
ORDINANCE NO. 10,659
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 HOTEL OCCUPANCY TAX CONTINGENCY FUND FOR THE COST OF
TOURISM AND PROMOTION SERVICES TO BE PROVIDED BY THE ECONOMIC
ALLIANCE HOUSTON PORT REGION; AUTHORIZING AND DIRECTING THE
INTERIM CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AN ECONOMIC DEVELOPMENT AGREEMENT FOR TOURISM AND
PROMOTION SERVICES WITH ECONOMIC ALLIANCE HOUSTON PORT
REGION TO ENHANCE AND PROMOTE TOURISM AND THE CONVENTION
AND HOTEL INDUSTRY IN THE CITY OF BAYTOWN AND ITS VICINITY;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT
TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing the placement of street lights in the
specified rights-of-way of the City of Baytown near Union Pacific’s railroad tracks.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes the
placement of street lights in the following specified rights-of-way of the City of
Baytown:
2 at Dyer and Union Pacific’s railroad track
2 at Hafer and Union Pacific’s railroad track
1 at Martin Luther King and Union Pacific’s railroad track adjacent to Stadium
Drive.
Furthermore, CenterPoint Energy issued 123 allowances for free streetlight
installation for the City of Baytown in 2007. To date, the City has not used any of those
calendar year allotments. Council has authorized the installation of 81 new streetlights in
the current fiscal year, although they were taken from the 2006 CenterPoint calendar year
allocation.
While the initial installation is free of charge, the City will pay a fee for electricity and
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Minutes of the Regular Session Meeting — July 26, 2007
maintenance once the streetlights are installed. The City has 89 additional streetlights
funded in the current fiscal year.
The Planning & Zoning Commission, at its July 18th meeting, approved recommending
that City Council consider the installation of street lights at the above-referenced
intersections.
Council engaged in discussion regarding this item.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
ORDINANCE NO. 10,660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PLACEMENT OF STREET LIGHTS IN THE SPECIFIED
RIGHTS-OF-WAY OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing a contract with Klotz Associates, Inc.
for professional engineering services to prepare Plans, Specifications and Estimates
(PS&E) documents for the TxDOT Bridge Inventory & Inspection Systems (TxDOT
BRINSAP) Project.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes a
professional services contract with Klotz Associates, Inc. in the amount not to exceed
$134,000 for the preparation of plans, specifications and cost estimates to rehabilitate five
bridges in Baytown; which include Garth Road at East Fork of Goose Creek,
Rollingbrook Drive at East Fork of Goose Creek (eastbound and westbound),
Rollingbrook Drive at West Fork of Goose Creek and West Texas Avenue at Goose
Creek, for the TxDOT BRINSAP Project. Annual bridge inspections by TxDOT defined
erosion problems needing correction below each of these bridges. A preliminary report
was prepared by Klotz Engineers defining the problems and outlining the needed
improvements to be designed under this contract. Compensation for all services shall
not exceed the amount of $78,890 for basic services, $30,740 for Surveying Services
and $22,000 for Environmental Services. The project’s reimbursable expenses shall not
exceed $2,370. Therefore, the total contract amount is $134,000. Upon the issuance of a
notice to proceed, Klotz Associates, Inc. will complete the PS&E
documentation within 160 calendar days. Available drainage funds from general
obligation bonds will be utilized to fund this project.
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Minutes of the Regular Session Meeting — July 26, 2007
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
ORDINANCE NO. 10,661
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
ASSOCIATED WITH THE REHABILITATION OF FIVE BRIDGES FOR THE
TXDOT BRINSAP PROJECT WITH KLOTZ ASSOCIATES, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED THIRTY-FOUR THOUSAND AND NO/100 DOLLARS
($134,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding a construction contract for the Bowie
Street Drainage Project.
Interim City Manager Leiper explained that the Proposed Ordinance awards a
construction contract in the amount of $117,427.50 to Jimerson Underground, Inc., for
the Bowie Street Drainage Project. The scope of work includes grading and improving an
existing drainage swale, installing 1,050 feet of 18" High Density Polyethylene Pipe and
boring and jacking 40 feet of RCP below the Center Point transmission line to improve
drainage at the low point of Bowie Street. The estimated construction cost for this
project was $58,357.50. Three bids were received and the bid tab and letter of
explanation for higher prices on the bids is attached. The construction duration is 60
calendar days. Funds are available for this project in the 2003 G.O. Bonds.
Council Member Capetillo moved to approve the Ordinance as submitted. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried
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Minutes of the Regular Session Meeting — July 26, 2007
ORDINANCE NO. 10,662
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 JIMERSON
UNDERGROUND, INC., FOR THE BOWIE STREET DRAINAGE PROJECT;
AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED SEVENTEEN
THOUSAND FOUR HUNDRED TWENTY-SEVEN AND 50/100 DOLLARS
($117,427.50); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance amending the Code of Ordinances, Baytown, Texas,
to adopt the 2006 edition of the International Building Code (IBC), International
Residential Code (IRC) International Energy Conservation Code (IECC),
International Fire Code (IFC) with amendments, International Fuel Gas Code
(IFGC) International Mechanical Code (IMC), International Plumbing Code (IPC)
International Property Maintenance Code (IPMC), and the International Existing
Building Code (IEBC).
Interim City Manager explained that the Proposed Ordinance the Code of Ordinances,
Baytown, Texas, to adopt the 2006 edition of the International Building Code (IBC),
International Residential Code (IRC) International Energy Conservation Code (IECC),
International Fire Code (IFC) with amendments, International Fuel Gas Code (IFGC)
International Mechanical Code (IMC), International Plumbing Code (IPC) International
Property Maintenance Code (IPMC), and the International Existing Building Code
(IEBC). Amendments to the Fire Code address issues pertaining to access
roads, standardization of fire hose thread to assure compatibility with current equipment,
and signage to readily identify fire department connections on commercial buildings.
Interim City Manager Leiper further explained that several of the proposed amendments
associated with the adoption of the Fire Code affect the Code of Ordinance, Chapter 126,
Subdivision. Revisions to this chapter require a review by the Planning and Zoning
Commission (P&Z) and a public hearing. As such, these proposed changes will be
presented to the P&Z at their next meeting followed by a public hearing at a later date.
The items requiring review by the P&Z are the gate setback distance from the public right
of way, minimum gate width, minimum turning radiuses and location of fire hydrants.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting — July 26, 2007
ORDINANCE NO. 10,663
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS,"
ARTICLE II "BUILDING CONSTRUCTION STANDARDS," DIVISION 3
"BUILDING CODE," SECTION 18-91 "ADOPTED," SUBSECTION (A); ARTICLE
IV, "PLUMBING CODE," SECTION 18-461 "ADOPTED," SUBSECTION (A);
ARTICLE V "MECHANICAL CODE," DIVISION 3 "STANDARDS," SECTION 18-
556 "CODE ADOPTED," SUBSECTION (A); ARTICLE VI "INTERNATIONAL
FUEL GAS CODE," DIVISION 2 "STANDARDS," SECTION 18-622 "CODE
ADOPTED," SUBSECTION (A); ARTICLE VII "INTERNATIONAL PROPERTY
MAINTENANCE CODE," DIVISION 2 "STANDARDS," SECTION 18-625 "CODE
ADOPTED," SUBSECTION (A); ARTICLE VIII "INTERNATIONAL ENERGY
CONSERVATION CODE," DIVISION 2 "STANDARDS," SECTION 18-628 "CODE
ADOPTED," SUBSECTION (A); ARTICLE IX "MINIMUM PROPERTY
STANDARDS," DIVISION 2 "STANDARDS," SECTION 18-651 "RESIDENTIAL
CODE ADOPTED," SUBSECTION (A) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; ARTICLE DC lA "INTERNATIONAL EXISTING BUILDING
CODE," DIVISION 2 "STANDARDS," SECTION 18-765 "ADOPTED,"
SUBSECTION (A); AND CHAPTER 38 "FIRE PREVENTION AND PROTECTION,"
ARTICLE in "FIRE PREVENTION STANDARDS," SECTION 38-61 "CODE
ADOPTED," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; TO ADOPT THE 2006 INTERNATIONAL CODES; AMENDING CHAPTER
38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "FIRE PREVENTION
STANDARDS/'SECTION 38-62 "DEFINITIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; TO ADD A NEW SUBSECTION (C) TO PROVIDE
AMENDMENTS TO THE CITY'S FIRE PREVENTION CODE; CONTAINING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00)
FOR REGULATIONS OF BUILDINGS AND A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR REGULATIONS OF FIRE
SAFETY; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance setting the time, date and place of the public hearing
on the question of whether the City should tax goods-in-transit exempt under House
Bill 621.
Interim City Manager Leiper explained that the Proposed Ordinance sets the time, date
and place of the public hearing on the question of whether the City should tax goods-in-
transit exempt under House Bill 621. In the 2007 session, the Texas Legislature passed
HB 621, which is the implementing legislation for a constitutional amendment that was
passed several years ago. The new law exempts goods, principally inventory, that are
stored in a location that is not owned by the owner of the goods and are transferred from
that location to another location within 175 days. The goods may be in the location for
the purposes of assembling, storing, manufacturing, processing, or fabricating purposes
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Minutes of the Regular Session Meeting — July 26, 2007
by the person who acquired or imported the property. Certain specific types of goods are
excluded from this exemption, including oil, natural gas, petroleum products, aircraft,
dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's
heavy equipment inventory, or retail manufactured housing inventory.
The new law, however, provides that the governing body of each taxing unit may act to
tax goods which are exempt in the year following the year in which the governing body
takes action. These goods will first become exempt in 2008. Therefore, if the City wishes
to continue to tax these types of goods in 2008, the City must act to tax the goods before
the end of 2007, and inform the appraisal districts of Harris and Chambers Counties of its
action. Before any such action is taken, the City Council must hold a public hearing at
which members of the public are permitted to speak for or against the taxation of the
property. The Proposed Ordinance set the public hearing for August 9, 2007, during the
regularly scheduled council meeting.
Council engaged in a brief discussion of the item.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Capetillo, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Council Member Capetillo exited the meeting at 7:30 p.m.
ORDINANCE NO. 10,664
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE
QUESTION OF WHETHER THE CITY SHOULD TAX GOODS-IN-TRANSIT
EXEMPT UNDER HOUSE BILL 621; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
PROPOSED RESOLUTIONS
Consider Proposed Resolution accepting the City of Baytown Aquatic Facilities
Master Plan.
Interim City Manager Leiper explained that the Proposed Resolution accepts the City of
Baytown Aquatic Facilities Master Plan. On December 14, 2006 Council approved a
contract with Kimley Horn and Associates and Counsilman Hunsaker and Associates to
develop an Aquatic Facilities Master Plan. The study reviewed existing pool condition at
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Minutes of the Regular Session Meeting — July 26, 2007
N.C. Foote Pool and the Wayne Gray Sports Complex Pool and made recommendations
for renovations and upgrades. Both pools were built in 1973. The study also provided
the potential utilization and feasibility of the construction/renovation of the aquatic
facilities and needed layout and project cost estimates for the projects. The study also
looked at the need and placement of additional spray grounds.
The consultants made several visits to Baytown and interviewed several interested groups
and potential users as well as making presentations to both the Parks and Recreation
Advisory Board and the City Council.
The Consultants' recommendations include replacing the Sports Complex Pool with a
Community Pool and N.C. Foote Pool with a smaller Neighborhood Pool. They also
recommend construction of Spray Grounds at McElroy Park, a future site north of I-10
and on the east side of town possibly near the Pinehurst subdivision. Smaller splash pads
are recommended at Bergeron Park, Pelly Park and a future site downtown. Phase Three
north of I-10 is not part of the master plan.
Scott Johnson, Director of Parks and Recreation, spoke of admission charges for Wayne
Gray – adults, five dollars ($5.00) and under 17, four dollars ($4.00). Hawaiian Tropics –
one of the problems is that we are taxed twice. Initial phase is to work on the existing
pools and timing wise the splash pads are a good few years away.
The Parks and Recreation Advisory Board approved the Aquatic Facilities Master Plan
on July 9, 2007.
Council engaged in discussion regarding the possibility of a large scale aquatics park and
its effects on the current plan. Council agreed that the plan must move forward as is and
should the opportunity for a large scale aquatics park occur, Council will deal with the
proposal at that time.
Council Member Sheley moved to approve the Resolution as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, and Caskey
Mayor DonCarlos
Nays: Council Member Mahan
The motion carried.
RESOLUTION NO. 1871
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE CITY OF BAYTOWN AQUATIC FACILITIES MASTER PLAN;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting — July 26, 2007
Consider Proposed Resolution canceling the regular City Council meetings
scheduled for Thursday, November 8, 2007 and Thursday, November 22, 2007
respectively, and calling special City Council meetings for Monday, November 5,
2007, at 6:30 p.m. and Thursday, November 15, 2007 at 5:00 p.m.
Interim City Manager Leiper explained that the Proposed Resolution cancels the regular
City Council meetings scheduled for Thursday, November 8, 2007 and Thursday,
November 22, 2007 respectively, and calling special City Council meetings for Monday,
November 5, 2007, at 6:30 p.m. and Thursday, November 15, 2007 at 5:00 p.m.
The Texas Municipal League Annual Conference will be held in Dallas from November
6 - 9, 2007. In order to accommodate conference attendance by Council members, it is
proposed that the regularly scheduled meeting on Thursday, November 8th be
rescheduled to Monday, November 5th.
Thanksgiving falls on the regular City Council meeting day, Thursday, November 22nd.
The Council traditionally moves this meeting to the Tuesday prior to Thanksgiving, but
in order to accommodate canvassing the November 6, 2007 Bond Election results it is
being moved to Thursday, November 15, 2007 at 5:00 p.m. without a Work Session.
Council Member Sheley moved to approve the Resolution as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CANCELING THE REGULAR COUNCIL MEETINGS TO BE HELD ON
NOVEMBER 8, 2007, AND NOVEMBER 22, 2007, AT 6:30 P.M. IN THE COUNCIL
CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING SPECIAL COUNCIL
MEETINGS TO BE HELD ON NOVEMBER 5, 2007, AT 6:30 P.M. AND
NOVEMBER 15, 2007, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF CITY
HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution calling a Special Council Meeting for Monday, July
30, 2007, at 8:30 a.m.
The Proposed Resolution calls a Special Council Meeting for Monday, July 30, 2007, at
8:30 a.m. This meeting is primarily for the City Council to conduct interviews with
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Minutes of the Regular Session Meeting — July 26, 2007
candidates for the City Manager position. Other matters may be considered in
accordance with the agenda posted for such meeting.
Council Member Sheley moved to approve the Resolution as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey
Mayor DonCarlos
Nays:
The motion carried.
RESOLUTION NO. 1873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS,
CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON JULY 30, 2007, AT
9:00 A.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
MOTIONS
Discuss and take appropriate action concerning railroad crossings and/or road
closures for portions of Dyer, Hafer, Martin Luther King, and Pine Street.
Interim City Manager explained the road closures for portions of Dyer, Hafer, Martin
Luther King and Pine Street. He explained that a railroad grade crossing represents
elevated risk as an additional opportunity for a collision between a train and a vehicle or
pedestrian. The City staff has evaluated these unmarked crossings to determine whether
they were redundant grade crossings that could be closed to improve safety while not
posing operational or public safety obstacles. Specifically, the following was proposed:
Street Staff Recommendation
Staff recommended that a traffic study be conducted
by a traffic engineer for this crossing to determine
appropriate further traffic control measures, if any,
which could be undertaken by the City. Two
Dyer
temporary stop signs have been installed and it is
proposed that these stop signs with the additional of
warning flashers, and two streetlights become the
permanent warning system at this intersection.
Staff recommended that a traffic study be conducted
Hafer by a traffic engineer for this crossing to determine
appropriate further traffic control measures, if any,
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Minutes of the Regular Session Meeting — July 26, 2007
which could be undertaken by the City. Two
temporary stop signs have been installed and it is
proposed that these stop signs with the additional of
warning flashers, and two streetlights become the
permanent warning system at this intersection.
One temporary stop sign has been installed and it is
proposed that this stop sign with the additional of
warning flashers, and two streetlights serve as
the temporary warning system at this intersection
until such time as funding can be obtained for the
installation of railroad warning lights and crossing
Martin gates. Staff recommended that general traffic counts
Luther and specific school bus counts be gathered in
King September once school is back in session.
Thereafter, a grant request will be submitted to
TxDOT for permanent crossing warning system
installation. Since City ordinance only provides
temporary administrative installations for up to 90
days, it was necessary for Council to authorize a
longer, temporary installation.
Staff recommended closing the crossing at Pine
Street together with that portion of J.B. LeFevre
between Airhart and Dayton. There are no houses
along this stretch of J.B. LeFevre and it is used
mostly as a cut through to Bayway Drive.
The City proposed to temporarily close these
locations pending review and recommendation by the
Pine Planning and Zoning Commission and approval by
Street City Council. The City will place signs at both ends of
the closure to inform the public at least one week
before the street is actually closed. The City does not
propose to abandon the right-of-way at this time.
At this time, formal direction was requested to
execute a temporary closure and to pursue the
normal road closure process through the Planning
and Zoning Commission with future consideration of
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Minutes of the Regular Session Meeting — July 26, 2007
the final action by City Council.
The City believed that the closure is appropriate for
the safety of the public, and it is a redundant and
unnecessary street/railroad crossing. The City will
make application with Union Pacific Railroad for
$7,500 to defray the costs of roadway changes and
with TxDOT for $7,500 for eligible safety
improvements, including signage and barricades.
After Council engaged in discussion regarding this item; it was decided to vote on each
of the road closures separately and they are as follows:
Council Member Murray moved to approve the motion of the temporary closures of Dyer
and Hafer Street. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Council Member Murray moved to approve the motion to temporarily close Martin
Luther King Street. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Council Member Mahan moved to approve the motion to temporarily close Pine Street.
Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting — July 26, 2007
DISCUSSIONS
Receive the City Manager’s proposed budget and budget message for fiscal year
2007-2008.
Mr. Erin Tay spoke to Council on behalf of the Baytown EMS Division. Mr. Tay
requested that Council consider reviewing the compensation and salary studies conducted
by the Human Resources Department that they feel is not “accurate, complete and fair.”
Furthermore, Mr. Tay requested that this issue be considered before finalizing the 2007-
08 municipal budget.
Mayor DonCarlos thanked Mr. Tay for his comments and assured him that this issue will
be explored in one of the many budget workshops that will be taking place prior to
adopting the 2007-08 municipal budget.
The City Charter provides in Article V, Sec. 41 that “the city manager, at least sixty days
prior to the beginning of each budget year, shall submit to the council a proposed budget
and an explanatory budget message in the form and with the contents provided by
sections 50 and 52.”
Interim City Manager Leiper explained that the proposed budget can be changed or
modified prior to its adoption. Article V, Sec. 46 of the Charter requires the City Council
adopt an annual budget no later than September 27 of each year or the City Manager's
proposed budget shall be adopted as originally submitted to Council.
Work Sessions on the proposed budgets are scheduled as follows:
1. July 31, 2007 at 4:30 p.m.
2. August 1, 2007 at 5:30 p.m.
3. August 2, 2007 at 5:30 p.m.
The City of Baytown’s proposed budget for the fiscal year 2007-08 was received by the
City Council.
Consider Proposed Ordinance setting the time, date and place of the public hearing
on the 2007-2008 fiscal year budget.
Interim City Manager Leiper explained that the Proposed Ordinance sets the time, date
and place of the public hearing on the 2007-2008 fiscal year budget. The City Charter
provides in Article V, Sec. 43 that “At the meeting of the council at which the budget and
budget message are submitted, the council shall determine the place and time of the
public hearing on the budget, and shall cause to be published a notice of the place and
time, not less than seven days after the date of publication, at which the council will hold
a public hearing.” The proposed date is August 23, 2007 at 6:40 p.m. and the hearing will
be held in Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas.
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Minutes of the Regular Session Meeting — July 26, 2007
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Discuss and consider alternative methods for delivery of Council packet
information.
This item was not ready.
CONSENT
Council Member Sheley moved to adopt consent agenda items 5a through 5e. Council
Member Caskey seconded the motion.
The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
5a. Consider Proposed Ordinance awarding the annual frozen dinner’s contract.
ORDINANCE NO. 10,666
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF SYSCO FOOD SERVICES OF HOUSTON, L.P., FOR
THE ANNUAL FROZEN DINNERS CONTRACT AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5b. Consider Proposed Ordinance authorizing the purchase of five 2007 Ford Police
Interceptors from Philpott Motors, Ltd., through H-GAC.
ORDINANCE NO. 10,667
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED THREE THOUSAND THREE
HUNDRED NINETY-EIGHT AND 15/100 DOLLARS ($103,398.15) TO HOUSTON-
GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIVE (5) 2007 FORD
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Minutes of the Regular Session Meeting — July 26, 2007
POLICE INTERCEPTORS; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5c. Consider Proposed Ordinance authorizing the purchase of a generator for City
Hall/Community Center through H-GAC.
ORDINANCE NO. 10,668
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-NINE THOUSAND
SEVEN HUNDRED TWENTY AND 84/100 DOLLARS ($139,720.84) TO HOUSTON-
GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 750KW DIESEL
KOHLER GENERATOR FOR CITY HALL/COMMUNITY CENTER; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
5d. Consider Proposed Ordinance approving a construction contract between the
Baytown Area Water Authority and Alvin Contracting for the BAWA Raw
Waterline Project.
ORDINANCE NO. 10,669
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE BAWA RAW WATERLINE PROJECT BETWEEN THE
BAYTOWN AREA WATER AUTHORITY AND ALVIN CONTRACTING; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5e. Consider Proposed Resolution authorizing the execution of the General and No
Litigation Certificate of Local Governmental Unit in regards to the Southeast Texas
Housing Finance Corporation's issuance of Multifamily Housing Revenue Bonds
(Lakeside Apartments) Series 2007.
RESOLUTION NO. 1874
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL
AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT
RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S
ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (LAKESIDE
APARTMENTS) SERIES 2007; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 27 of 28
Minutes of the Regular Session Meeting — July 26, 2007
APPOINTMENTS
Consider appointment to the Baytown Crime Control and Prevention District (1).
Mayor DonCarlos nominated Deborah Gutierrez to serve as Board Member to the
Baytown Crime Control and Prevention District to complete Mr. Coleman Godwin’s
unexpired term, which ends September 1, 2007. Mr. Godwin resigned from his post.
Council Member Sheley moved to confirm the appointment of Deborah Gutierrez as a
Board Member to the Baytown Crime Control and Prevention District. Council Member
Caskey seconded the Motion.
The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Consider Appointment to the Baytown Fire Control, Prevention, Emergency
Medical Services District (1).
Council Member Sheley nominated Lovella Desormeaux as Board Member for the
Baytown Fire Control, Prevention, Emergency Medical Services District to complete the
unexpired to term of Mercedes Renteria, which end on September 1, 2008.
Council Member Sheley moved to confirm the appointment of Lovella Desormeaux as a
Board Member for the Baytown Fire Control, Prevention, Emergency Medical Services
District. Council Member Caskey seconded the Motion.
The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointments to the Board of Adjustment (5).
Mayor DonCarlos nominated Jim Coker as Board Member for the Board of Adjustments
to replace Dana Davis who does not wish to seek reappointment. Mr. Mike Wilson, Mr.
Bobby Lintleman, Ms. Marianne Tucker and Mr. Gilbert Santana’s term expires on July
27, 2007 and for this reason seek reappointment to another term on the Board of
Adjustments by Council to expire on July 27, 2009.
Page 28 of 28
Minutes of the Regular Session Meeting — July 26, 2007
Council Member Mahan moved to confirm the appointment of Jim Coker as a Board
Member for the Board of Adjustments. Council Member Caskey seconded the Motion.
The vote follows:
Ayes: Council Members Murray, Yepez, Sheley, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
EXECUTIVE SESSION
No executive session was held.
MANAGER'S REPORT
Received the final update on Taft Circle
Chief Building Officer, Kevin Byal reported to Council that the last of the Taft Circle
Apartment buildings had been demolished and that the project was now complete.
National Night Out
National Night Out is tentatively scheduled for Tuesday, August 7, 2007. More
information will be given to Council by the committee in the near future.
Departmental Presentation
Health Director Mike Lester presented the Health Department PowerPoint presentation to
Council.
A DJOURN
With no additional business to discuss, Mayor DonCarlos closed the meeting at 8:05 p.m.
______________________________
Leticia Garza, Assistant City Clerk