2007 08 23 CC Minutes
MINUTES OF THE REGULAR SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
August 23, 2007 – 6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on August 23, 2007, at
6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Lena R. Yepez Council Members
Lynn A. Caskey, II Council Member
Sammy Mahan Council Member
Don Murray Council Member
Brandon Capetillo Mayor ProTem
Robert D Leiper Interim City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
Mayor DonCarlos and Council Member Scott Sheley were absent. The meeting was called to
order by Mayor ProTem Capetillo at 6:30 p.m. with a quorum of Council present.
MINUTES
Consider approval of the minutes from the Regular Session Meeting and the Work Session
Meeting held on August 9, 2007.
Council Member Mahan moved to approve the minutes as submitted. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Murray, Mahan, and Yepez
Mayor Pro Tem Capetillo
Nays: none
Abstain: Council Member Caskey
The motion carried.
CITIZENS COMMUNICATIONS
Mr. Ken Williamson has requested to address Council concerning the use and cost of
printing information on the utility water bill in Spanish.
Mr. Williamson was not present.
Mayor ProTem Capetillo called item 8a. out-of-order.
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Minutes of the Regular Session Meeting— August 23, 2007
Discuss the upcoming Grito Fest
Parks and Recreation Director, Scott Johnson told Council that his department had completed the
line up for the upcoming Grito Fest. The annual event, scheduled for September 15th at
Bicentennial Park, will feature tejano music star Shelly Lares and this year's headliner "La
Mafia".
The event will be held from 10:00 a.m. to 7:30 p.m. and admission is FREE. This family friendly
outdoor concert will feature Mariachis, Kid’s Activities, a Car Show, Jalapeno Eating Contest,
Salsa Contest, Accordion Competition, and a Grito Competition. Food and arts-n-craft vendors
will be selling tasty treats and handmade creations!
SCHEDULE OF EVENTS
10:00 – 10:45 a.m. Ciclo Norteno
11:00 – 11:45 a.m. Mariachis - Mariachi Los Gallitos
12:00 – 12:30 p.m. Grito Preliminaries
12:30 – 1:30 p.m. Texas Heat
1:30 – 2:00 p.m. Accordion Competition
2:00 – 3:00 p.m. Mariachis - Reyes De Mexico
3:00 – 4:00 p.m. Jalapeño/Salsa/Grito Championships
4:00 – 5:30 p.m. Shelley Lares
5:30 – 6:00 p.m. Grito Fest Scholarship Presentation
6:00 – 7:30 p.m. La Mafia
Mr. Johnson had 2 guests with him to address Council about the festivities. One of the guests
gave a sample “grito”.
Before calling the next item, Interim City Manager Leiper and Council recognized Jessica
Roberts a reporter with The Baytown Sun who has covered many Council Meetings during the
past couple of years. Mr. Leiper reported that Ms. Roberts will be leaving The Baytown Sun and
this meeting will be her last.
PUBLIC HEARINGS
Conduct the Public Hearing on the City of Baytown Proposed 2007-08 Fiscal Year Budget
(6:40 p.m.).
Mayor ProTem Capetillo opened the public hearing regarding the City of Baytown Proposed
2007-2008 Fiscal Year Budget at 6: 36 p.m.
With no one signing up to speak, Mayor ProTem Capetillo closed the public hearing regarding
the City of Baytown Proposed 2007-2008 Fiscal Year Budget at 6:37 p.m.
Before moving on to the next item, Ms. Rhonda Young, Director of Finance, gave a report on the
Technical Adjustments being made to the proposed budget and Interim City Manager Leiper
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Minutes of the Regular Session Meeting— August 23, 2007
reported that the adoption of the budget is planned for the next Council Meeting on September
13, 2007.
Conduct a Public Hearing to consider the advisability of the creation of a public
improvement district to make certain improvements over certain property located within
the corporate limits of the City of Baytown (6:40 p.m.).
Mayor ProTem Capetillo opened the public hearing regarding the advisability of the creation of a
public improvement district to make certain improvements over certain property located within
the corporate limits of the City of Baytown at 6:38 p.m.
The improvements are for the construction of public utilities (water, sewer & drainage facilities),
detention, paving, and related improvements within the PID. The estimated costs of the
improvements, including financing, total $45,000,000 over the life of the PID -- $20,000,000
with additional financing costs associated with the cost of the public improvements estimated at
$20,300,000 within the Grand Isle Development portion and $4,700,000 within the Bay Oaks
Harbor Section One portion over the life of the PID.
Notice of the Public Hearing was published in The Baytown Sun on August 7, 2007 and a copy
of the Public Notice containing the information required by LGC 372.005 (b) was mailed to the
property owners subject to assessment under the proposed public improvement district on August
3, 2007.
With several people signing up to speak at this meeting, Mayor ProTem Capetillo called each in
the following order:
Earl Martin, 2846 Bay Oak Harbor, Baytown, TX (832)-984-8576: Mr. Martin addressed
Council stating that he was for the repair of the roads and the water but he was worried that the
assessment may cause some people to leave the subdivision and he was worried how other would
pay. He was also concerned that the assessment would be distributed evenly.
Eduardo Vilano, 3343 Angel Fish Cove, Baytown, TX (281) 428-1167: Mr. Vilano passed his
time to Mr. Mitchell Pearce.
Jack Patterson, 2406 Bay Oaks Harbor Drive, Baytown, TX (281) 422-0173: Mr. Patterson
passed his time to Mr. Mitchell Pearce.
Mr. Bill Stevens, 2818 Bay Oaks Harbor Drive, Baytown, TX (832) 250-6915: Mr. Stevens
passed his time to Mr. Mitchell Pearce.
Sharlotta Pearce, 4704 Ripple Creek Drive, Baytown, TX (281) 424-4168: Ms. Pearce passed
her time to Mr. Mitchell Pearce.
Dorothy Stevens, 2818 Bay Oaks Harbor Drive, Baytown, TX (281) 428-5805: Ms. Stevens
passed her time to Mr. Mitchell Pearce.
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Minutes of the Regular Session Meeting— August 23, 2007
Mr. Ken Ammons, 3026 Bay Oaks Harbor Drive, Baytown, TX (832) 687-0347: Mr. Ammons
told Council that he is a retired Marine and is active in the community. He is currently the
Director of the Bay Oaks Harbor Home Owners Association (The Association) and supports the
street repair and drainage. The Association places a high priority on these issues and over the
years has spent a bulk of their dues on these types of repairs and cannot keep ahead of the game.
When the Public Improvement District (PID) was brought to the Association as a solution, the
Board agreed that this idea would work for the Association. The Board understood that some of
the home owners would not agree initially but would eventually buy into the PID idea once they
understood the benefits that the PID offers because it will improve the subdivision.
Denise Forest, 1142 Bay Oaks Harbor, Baytown, TX (832) 556-0755: Ms. Forest told Council
that she is in favor of better roads but she is against the assessment. She stated that other citizens
of the City do not have to pay extra to get better roads and does not understand why the citizens
of Bay Oaks Harbor should be any different. She told Council that everything about the
establishment of this PID has been very secretive and many of the home owners have been told
different stories. She also mentioned a problem with drainage on her property.
Interim City Manager Leiper explained that Mr. Dick Carter would be in touch with her
regarding her questions concerning drainage.
Paula Williams, 1032 Bay Oaks Harbor, Baytown, TX (832) 420-7632: Ms. Williams told
Council that she was told that the City of Baytown was suppose to take over the water and that
the cost of the water would cover the cost of the PID assessment; however, she does not believe
that that will be the case. She told Council that everything she is told does not seem to add up.
Mitchell Pearce, 4704 Ripple Creek, Baytown, TX (281) 424-4168: Mr. Pearce told Council that
he owns property in Bay Oaks Harbor Subdivision and that there are many people from the
subdivision in attendance at tonight’s meeting from the subdivision. He explained that during
the course of events leading up to this meeting, many neighborhood meetings were held to
discuss the PID. The home owners were told that the method of payment is set by Council and is
therefore not yet set. He told Council that this subdivision has a long history and much money
has been spent on low quality roads. This is an opportunity to bring the subdivision up to the
quality that all expect. A Home Owners Association can never afford to make the $2,000,000 in
repairs that are necessary. The water transfer paper work was completed last week and will start
the 100 day public hearing period so somewhere in January the subdivision will become part of
the City of Baytown water system. Every effort was made to educate the citizens of Bay Oaks
Harbor about the PID. We are in the process of trying to build a fence along Tri City Beach Road
which hopefully will be completed during the next 6 months.
Thomas Holcomb (not on list), 2314 Bay Oaks Harbor Drive, Baytown, TX: Mr. Holcomb wants
the same benefits as other City of Baytown citizens and does not understand why property
owners have to pay for these roads when City of Baytown should have overseen these 20 years
ago.
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Minutes of the Regular Session Meeting— August 23, 2007
With no one else signing up to speak, Mayor ProTem Capetillo closed the public hearing
regarding the advisability of the creation of a public improvement district to make certain
improvements over certain property located within the corporate limits of the City of Baytown at
7:02 p.m.
Conduct a Public Hearing on amendments to Chapter 126 “Subdivisions” of the Baytown
Code of Ordinances, pertaining to fire safety issues, including amending Section 126-382
“Plat required”; Section 126-384 “Waiver of final plat,” subsection (a); and Section 126-
385 “Location of structures; fire hydrants; fire lane easements,” subsections (a), (b) and
(e); adding two new sections to be numbered and entitled Section 126-253 “Gate design for
emergency access” and Section 126-301 “Location of fire hydrants”; and repealing
subsection (c) of Section 126-438 “Gate design for emergency access.”
Mayor ProTem Capetillo opened the public hearing regarding amendments to Chapter 126
“Subdivisions” of the Baytown Code of Ordinances at 7:02 p.m.
Interim City Manager Leiper explained that Texas Local Government Code, Section 212.002
requires City Council to hold a public hearing prior to adopting rules governing plats and
subdivisions of land. Notice of the public hearing was published in The Baytown Sun on August
13, 2007, and on the City's website on August 7, 2007.
With no one signing up to speak, Mayor ProTem Capetillo closed the public hearing regarding
the City of Baytown Proposed 2007-2008 Fiscal Year Budget at 7:03 p.m.
BUSINESS ITEMS
PROPOSED ORDINANCES
Consider Proposed Ordinance amending Chapter 126 “Subdivisions,” Article III
“Developments” of the Code of Ordinances, Baytown, Texas, to add a new section to be
numbered and entitled Section 126-253 “Gate design for emergency access”; to add a new
section to be numbered and entitled Section 126-301 “Location of fire hydrants”; and to
amend Section 126-382 “Plat required”; Section 126-384 “Waiver of final plat,” subsection
(a); and Section 126-385 “Location of structures; fire hydrants; fire lane easements,”
subsections (a), (b) and (e) of the Code of Ordinances, City of Baytown, Texas; and
repealing Division 5 “Private Subdivision Development,” Section 126-438 “Gate design for
emergency access,” subsection (c).
Interim City Manger explained that the Proposed Ordinance amends Chapter 126
“Subdivisions,” Article III “Developments” of the Code of Ordinances, Baytown, Texas, to
conform the City’s subdivision regulations to those of the recently adopted International Fire
Prevention Code. The following is a summary of some of the changes:
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Minutes of the Regular Session Meeting— August 23, 2007
Section Revision Summary
126-253 This new section is very similar to Section 126-253, however, it makes the
requirements of gate design for private subdivisions applicable to all
developments erecting a gate. This change will ensure that there is adequate
space for fire apparatus, and personnel responding to emergencies. This
section changes the minimum clear opening to width of the fire lane or fire
department access road, requires a minimum of a 35 foot centerline turning
radius, and changes the setback to a minimum of 45 feet.
126-301 This section requires that fire hydrants be spaced no further than 500 feet
apart along access ways in residential areas.
126-382 This section requires a commercial plat when a building is located more than
150 feet from a public street, instead of 300 feet.
126-384 This section waives the requirement of a commercial plat if certain
conditions are met. The section is being amended to reflect the distance
between a structure and a public street must be 150 feet – not 300 feet.
126-385 This section is likewise being amended to reflect the 150 distance between a
structure and a dedicated public street.
126-438 This section is being repealed and its contents were moved to the new
Section 126-253, which makes the requirements in this section applicable to
all gated facilities.
The Planning and Zoning Commission considered these amendments at its meeting on August
15, 2007, and recommended approval.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Murray, Mahan, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE NO. 10,683
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,”
DIVISION 1 “GENERALLY” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 126-
253 “GATE DESIGN FOR EMERGENCY ACCESS”; AMENDING CHAPTER 126
“SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 2 “RESIDENTIAL” OF
THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD A NEW SECTION
TO BE NUMBERED AND ENTITLED SECTION 126-301 “LOCATION OF FIRE
HYDRANTS”; AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III
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Minutes of the Regular Session Meeting— August 23, 2007
“DEVELOPMENTS,” DIVISION 3 “COMMERCIAL,” SECTION 126-382 “PLAT
REQUIRED”; SECTION 126-384 “WAIVER OF FINAL PLAT,” SUBSECTION (A); AND
SECTION 126-385 “LOCATION OF STRUCTURES; FIRE HYDRANTS; FIRE LANE
EASEMENTS,” SUBSECTIONS (A), (B) AND (E) OF THE CODE OF ORDINANCES, CITY
OF BAYTOWN, TEXAS; AND REPEALING DIVISION 5 “PRIVATE SUBDIVISION
DEVELOPMENT,” SECTION 126-438 “GATE DESIGN FOR EMERGENCY ACCESS,”
SUBSECTION (C) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND 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 6.7 acre tract of land out of Block 140 of Elena Fruit and Cotton Farms, Unit
D, an Addition in Harris County Texas, according to the map or plat thereof recorded in
Volume 7, Page 48 of the Map records of 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 6.7 acre tract of land out of Block 140 of Elena Fruit and
Cotton Farms, Unit D, an Addition in Harris County Texas, according to the map or plat thereof
recorded in Volume 7, Page 48 of the Map records of Harris County Texas.
This 6.7 acre tract of land is contiguous to the city limits of Baytown; is currently vacant and
without residents. The property is located to the north of Lynchburg Cedar Bayou between Garth
Road and Sheppard and will be developed as commercial property. City Council conducted the
first and second public hearings for this annexation on the 12th day of June, 2007 with said
notice being published in the May 30, 2007 issue of The Baytown Sun and posted on the City of
Baytown’s website on May 30, 2007.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Murray, Mahan, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE NO. 10,642
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 6.7 ACRE TRACT OF LAND
OUT OF BLOCK 140 OF ELENA FRUIT AND COTTON FARMS, UNIT D, AN ADDITION
Page 8 of 23
Minutes of the Regular Session Meeting— August 23, 2007
IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 7, PAGE 48 OF THE MAP RECORDS OF HARRIS COUNTY,
TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS 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 a 6.7 acre tract of land out of Block 140 of
Elena Fruit and Cotton Farms, Unit D, an Addition in Harris County Texas, according to
the map or plat thereof recorded in Volume 7, Page 48 of the Map records of Harris
County Texas in Council District 3.
Interim City Manager Leiper explained that the Proposed Ordinance placing the property
annexed into the City of Baytown in the previous agenda item and being described a 6.7 acre
tract of land out of Block 140 of Elena Fruit and Cotton Farms, Unit D, an Addition in Harris
County Texas, according to the map or plat thereof recorded in Volume 7, Page 48 of the Map
records of Harris County Texas in Council District 3.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Murray, Mahan, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE NO. 10,684
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A 6.7 ACRE TRACT OF LAND OUT OF BLOCK 140 OF ELENA FRUIT AND
COTTON FARMS, UNIT D, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 48 OF THE MAP
RECORDS OF HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; 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 an 11.5093 acre tract of land situated in the T. Ristergen Survey, Abstract
1425, Harris County, Texas, and being out of and a part of that certain called 15.095 acre
tract of land conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D.
Maybin by Deed dated August 21, 1951, and recorded in Volume 2330 at Page 380 of the
Deed Records of Harris County, Texas, and out of and a part of that certain called 15.095
acre tract conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D.
Page 9 of 23
Minutes of the Regular Session Meeting— August 23, 2007
Maybin by Deed dated May 7, 1948, and recorded in Volume 1769 at Page 264 of the Deed
Records of 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 an 11.5093 acre tract of land situated in the T. Ristergen
Survey, Abstract 1425, Harris County, Texas, and being out of and a part of that certain called
15.095 acre tract of land conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and
May D. Maybin by Deed dated August 21, 1951, and recorded in Volume 2330 at Page 380 of
the Deed Records of Harris County, Texas, and out of and a part of that certain called 15.095
acre tract conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D. Maybin
by Deed dated May 7, 1948, and recorded in Volume 1769 at Page 264 of the Deed Records of
Harris County, Texas.
This 11.5093 acre tract of land is contiguous to the city limits of Baytown; is currently vacant
and without residents and will be developed as commercial property. The property is located to
the north of Lynchburg Cedar Bayou between Garth Road and Sheppard. City Council conducted
the first and second public hearings for this annexation on the 12th day of June, 2007 with said
notice being published in the May 30, 2007 issue of The Baytown Sun and posted on the City of
Baytown’s website on May 30, 2007.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Murray, Mahan, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE NO. 10,643
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 AN 11.5093 ACRE TRACT OF
LAND SITUATED IN THE T. RISTERGEN SURVEY, ABSTRACT 1425, HARRIS
COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED
15.095 ACRE TRACT OF LAND CONVEYED BY L.D. WILBURN AND THEO WILBURN
TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED AUGUST 21, 1951, AND
RECORDED IN VOLUME 2330 AT PAGE 380 OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS, AND OUT OF AND A PART OF THAT CERTAIN CALLED 15.095
ACRE TRACT CONVEYED BY L.D. WILBURN AND THEO WILBURN TO JESS W.
MAYBIN AND MAY D. MAYBIN BY DEED DATED MAY 7, 1948, AND RECORDED IN
VOLUME 1769 AT PAGE 264 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS;
WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
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Minutes of the Regular Session Meeting— August 23, 2007
Consider Proposed Ordinance placing the property annexed into the City of Baytown in
the previous agenda item and being described as an 11.5093 acre tract of land situated in
the T. Ristergen Survey, Abstract 1425, Harris County, Texas, and being out of and a part
of that certain called 15.095 acre tract of land conveyed by L.D. Wilburn and Theo
Wilburn to Jess W. Maybin and May D. Maybin by Deed dated August 21, 1951, and
recorded in Volume 2330 at Page 380 of the Deed Records of Harris County, Texas, and
out of and a part of that certain called 15.095 acre tract conveyed by L.D. Wilburn and
Theo Wilburn to Jess W. Maybin and May D. Maybin by Deed dated May 7, 1948, and
recorded in Volume 1769 at Page 264 of the Deed Records of Harris County, Texas in
Council District 3.
Interim City Manager Leiper explained that the Proposed Ordinance placing the property
annexed into the City of Baytown in the previous agenda item and being described as as an
11.5093 acre tract of land situated in the T. Ristergen Survey, Abstract 1425, Harris County,
Texas, and being out of and a part of that certain called 15.095 acre tract of land conveyed by
L.D. Wilburn and Theo Wilburn to Jess W. Maybin and May D. Maybin by Deed dated August
21, 1951, and recorded in Volume 2330 at Page 380 of the Deed Records of Harris County,
Texas, and out of and a part of that certain called 15.095 acre tract conveyed by L.D. Wilburn
and Theo Wilburn to Jess W. Maybin and May D. Maybin by Deed dated May 7, 1948, and
recorded in Volume 1769 at Page 264 of the Deed Records of Harris County, Texas in Council
District 3.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Murray, Mahan, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE NO. 10,685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING AN 11.5093 ACRE TRACT OF LAND SITUATED IN THE T. RISTERGEN
SURVEY, ABSTRACT 1425, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A
PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT OF LAND CONVEYED BY
L.D. WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY
DEED DATED AUGUST 21, 1951, AND RECORDED IN VOLUME 2330 AT PAGE 380 OF
THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND OUT OF AND A PART OF
THAT CERTAIN CALLED 15.095 ACRE TRACT CONVEYED BY L.D. WILBURN AND
THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED MAY
7, 1948, AND RECORDED IN VOLUME 1769 AT PAGE 264 OF THE DEED RECORDS OF
HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Page 11 of 23
Minutes of the Regular Session Meeting— August 23, 2007
Council Member Murray filed a Conflict of Interest Affidavit on the next item and did not
participate in the vote or discussion of the item.
Consider Proposed Ordinance providing for the taxation of goods-in-transit, which would
otherwise be exempt pursuant to Section 11.253 of the Texas Tax Code.
Interim City Manager Leiper explained that the Proposed Ordinance provides for the taxation of
goods-in-transit, which would otherwise be exempt pursuant to Section 11.253 of the Texas Tax
Code. In the 2007 session, the Texas Legislature passed HB 621, which 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 within 175 days. The new law, however,
provides that the governing body of each taxing unit may take action to tax these goods. The
goods-in-transit 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 before the end of 2007, and inform the
appraisal districts of Harris and Chambers Counties of its action. The City Council held a public
hearing concerning this matter on August 9, 2007, and may now take action to tax goods-in-
transit. The proposed ordinance provides for such taxation.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
Council Member Murray did not participate in the vote or discussion
The motion carried.
ORDINANCE NO. 10,686
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE TAXATION OF GOODS-IN-TRANSIT, WHICH WOULD
OTHERWISE BE EXEMPT PURSUANT TO SECTION 11.253 OF THE TEXAS TAX CODE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance establishing a construction speed zone along a portion of
Spur 330 Frontage Road.
Interim City Manager Leiper explained that the Proposed Ordinance establishes a construction
speed zone along a portion of Spur 330 frontage road. The ordinance establishes a temporary
speed limit of 35 miles per hour during construction along the Spur 330 eastbound frontage road
from just west of Rollingbrook to west of Airhart -- a distance of 0.402 miles. When
construction is complete, the ordinance is no longer in effect. This action is being taken at the
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Minutes of the Regular Session Meeting— August 23, 2007
request of TxDOT. TxDOT will be responsible for furnishing, installing and maintaining the
signage for the project duration.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE NO. 10,687
AN ORDINANCE ESTABLISHING SPEED LIMITS THROUGHOUT CONSTRUCTION
ALONG PORTIONS OF THE SPUR 330 EASTBOUND FRONTAGE ROAD WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING
THE PLACEMENT OF SIGNS BY THE TEXAS DEPARTMENT OF TRANSPORTATION
PROJECT DIRECTOR; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FOUR
HUNDRED AND NO/100 DOLLARS ($400.00); AND PROVIDING FOR THE
PUBLICATION, EFFECTIVE DATE, AND EXPIRATION THEREOF.
Consider Proposed Ordinance granting a permit to Mont Belvieu Caverns, LLC for one
new 16-inch pipeline in an existing pipeline corridor from Mont Belvieu southerly to about
2 miles south of I-10.
Interim City Manager Leiper explained that the Proposed Ordinance grants a permit to Mont
Belvieu Caverns, LLC for one new 16-inch pipeline used to transport diesel and gasoline, in an
existing pipeline corridor within the ETJ. The line runs from Mont Belvieu southerly to about 2
miles south of I-10. The pipeline's maximum design operating pressure is 1480 PSIG and will be
hydrostatic tested to a minimum of 2220 PSIG. The carrier pipe has an outside diameter of
16.000-inches and a wall thickness of 0.500-inches. The pipe will be API5L X 52 ERW pipe
with 14 - 22 mils thick fusion bonded epoxy and abrasion resistant overcoat over fusion bonded
epoxy. The minimum yield strength of the pipe is 52,000 PSI. It is recommended that the bond
be set at $500,000 for the pipeline.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
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Minutes of the Regular Session Meeting— August 23, 2007
ORDINANCE NO. 10,688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A PIPELINE PERMIT TO MONT BELVIEU CAVERNS, LLC, FOR ONE NEW
16-INCH PIPELINE IN AN EXISTING PIPELINE CORRIDOR; ESTABLISHING THE
AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE ACTING DIRECTOR
OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving the collective bargaining agreement with
Baytown Professional Fire Fighters Association, Local 1173.
Interim City Manager Leiper explained that the Proposed Ordinance approving the collective
bargaining agreement with Baytown Professional Fire Fighters Association, Local 1173 (the
“Union”). The agreement is for a term of three years and contains re-openers for salaries and
certification pay in the second and third years of the contract. For the compensation component
of the agreement, Texas civil service cities with a population from 60,000 – 125,000 were
evaluated for a market comparison. The proposed agreement reduces the number of tiers in the
rank of firefighter from 13 to 9 and provides at least a 4% increase between ranks. Also, the
proposed contract includes bilingual pay of $50 per month for all firefighters who speak Spanish
and pass a language proficiency test. The Union overwhelming approved this contract at its
election held on August 14 -- 16, 2007.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE 10,698
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY
OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance authorizing an agreement with American Traffic Solutions,
Inc., for the administration and enforcement of a photographic traffic signal enforcement
system.
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Minutes of the Regular Session Meeting— August 23, 2007
Interim City Manager Leiper explained that the Proposed Ordinance authorizes an agreement
with American Traffic Solutions, Inc. for the administration and enforcement of a photographic
traffic signal enforcement system (the “system”). The proposed agreement is for a term of five
years with one five-year renewal. During the term of the Agreement, ATS will provide all
elements required to implement and operate the system, including:
• assisting the City in analyzing sites,
• providing outreach campaign strategies, including a one-time warning period
• providing a secure website in which to view violation images and video,
• performing preventative maintenance checks concerning the equipment,
• supplying a local expert witness for hearings, and
• providing the City the ability to compile and print various reports
The City Council may chose several initial sites and thereafter add additional sites if it so desires.
At the sites chosen by the City Council, ATS will operate the system on a 24-hour basis. Should
the City chose some initial sites, the City Council at a later date will need to enact an ordinance
establishing the City’s system. Such ordinance will include the amount of the civil penalty, the
amount of the delinquent payment penalty, the appointment of a hearing officer, and other
provisions necessary for a successful program.
If the City Council desires to proceed with the system, a method of compensation must
be chosen. The proposed agreement contains the three different methods from which Council
may chose, namely a fixed fee, a variable fee based upon number of citations, and a percentage
of collections. By passing this ordinance before September 1, 2007, the City will be exempt from
some new State requirements placed on photographic traffic signal enforcement systems.
Mr. Leiper reviewed the various fee options with Council and stated that staff’s recommendation
is the percentage of collections option. Mr. Leiper also reviewed statistics from other cities and
told Council that an approval of this Ordinance only approves the contract it does not install the
red light cameras.
Mayor ProTem Capetillo announced that Curt Ball had signed up to speak on this item and asked
Mr. Ball to come forward to address Council.
Curt Ball, 508 Scenic Drive, Baytown, Texas (281) 422-9813: Mr. Ball told Council that he was
in favor of this contract and the red light cameras. He believes that the system will offer safety
for intersections in the City of Baytown.
Council engaged in discussion about the various options as well as the contract in general. There
were several questions concerning who decides where the cameras will be installed and what if
Council decides not to install any cameras. Mr. Leiper explained that Council decides where the
cameras will be installed and if they decide not to install the approval of this contract means that
Council cannot authorize any other company to install red light cameras.
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Minutes of the Regular Session Meeting— August 23, 2007
Council Member Murray moved to approve the Ordinance with fee option 3 - a percentage of
collections as the method of payment. Council Member Mahan seconded the motion. The vote
follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE NO. 10,690
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND
DIRECTING THE INTERIM CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC. FOR THE
ADMINISTRATION AND ENFORCEMENT OF A PHOTOGRAPHIC TRAFFIC SIGNAL
ENFORCEMENT SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor ProTem Capetillo announced that item 4.a.11 will be called at the end of the meeting
after the Executive Session section.
PROPOSED RESOLUTIONS
Consider Proposed Resolution approving the co-sponsorship of the Uncle Sam Jam Festival
on September 2, 2007, at Bayland Island benefiting Helping a Hero.Org.
Interim City Manager Leiper explained that the Proposed Resolution approves the co-
sponsorship of the Uncle Sam Jam Festival on September 2, 2007, at Bayland Island benefiting
Helping a Hero.Org. This non-profit organization raises funds to assist injured soldiers and their
families and is requesting co-sponsorship by the City of Baytown. This co-sponsorship will
include the waiving of fees associated with the following equipment furnished by the Parks and
Recreation Department:
No. Description Quantity Unit Price Extended Price
1 Tents (20’ x 30’) 2 $200.00 $400.00
2 Tents (10’ x 10’) 2 $100.00 $200.00
3 Bleachers 4 $50.00 $200.00
4 Portable Stage (20’ x 30’) 1 $200.00 $200.00
TOTAL $1,000.00
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Minutes of the Regular Session Meeting— August 23, 2007
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
RESOLUTION NO. 1876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY OF BAYTOWN'S CO-SPONSORSHIP OF THE UNCLE SAM
JAM FESTIVAL ON SEPTEMBER 2, 2007, AT BAYLAND ISLAND BENEFITING
HELPING A HERO.ORG BY WAIVING CERTAIN FEES ASSOCIATED WITH THE
EQUIPMENT FURNISHED BY THE CITY'S PARKS AND RECREATION DEPARTMENT;
SUBJECT TO THE TERMS AND CONDITIONS OF THE BAYLAND PARK AND
WATERFRONT SPECIAL USE PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
MOTIONS
Consider plans and specifications for the construction of the Baytown Firefighter
Memorial project and authorize advertisement for bids.
Interim City Manager Leiper explained that the City intends to construct a memorial plaza to
honor those firefighters that have lost their lives in the line of duty. The project will be located at
Bicentennial Park near the Gazebo and will feature a pavestone trail leading to the plaza and a
sculpture by artist Edd Hays called "A Breath of Valor". The sculpture will be placed on a
pedestal that will list the Baytown Firefighters that we have lost over the years. A black granite
bench will be also located in the plaza along with flag poles. The statue and the flag poles will
be lighted.
The construction cost is estimated at $150,000. Approximately $20,000 is available from
the current project funds. The City, firefighters union and the Baytown Life Safety Foundation
have been working together to raise the needed funds to build the plaza. To date, over $85,000
has been raised. Additional funds will be utilized from CIPF and will be returned from
additional contributions received.
Bids are planned to be considered for approval by Council on September 27, 2007. Construction
is expected to begin in October and take 60 to 90 days.
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Minutes of the Regular Session Meeting— August 23, 2007
Council Member Caskey moved to approve the plans and specifications and authorize the project
for advertisement for bids. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
REPORTS
Receive quarterly financial reports for the period ending June 30, 2007 for the City of
Baytown.
Council received the quarterly financial report for the period ending June 30, 2007 as given by
Ms. Rhonda Young, Finance Director for the City of Baytown.
Annual review and approval of the City's investment policy and strategy in compliance
with the Public Funds Investment Act.
Ms. Young, submitted the Investment Policy to Council for review and approval in accordance
with the Public Funds Investment Act Section 2256-005 (e) & 2256-005 (f). She told Council
that the policy was discussed at the August 21, 2007 Council Finance Committee meeting and
was last reviewed and approved by Council at the regular meeting held September 12, 2006. The
proposed investment policy deletes one authorized brokerage firm (Tejas) since this broker who
was familiar with the City's investments is no longer with the firm.
Council Member Mahan moved to approve the City’s investment policy and strategy in
compliance with the Public Funds Investment Act. Council Member Caskey seconded the
motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
Receive quarterly investment report for the period ending June 30, 2007 for the City of
Baytown.
Ms. Young gave the quarterly investment report to Council. She reported that the General Fund,
investment interest revenue totals $912,565 which is 95% of the budget as compared to 107% for
the prior year. Nonetheless, she told Council that we still anticipate meeting the current year's
budgeted amount since we have collected 95% of the budget with only 75% of the fiscal year
lapsed. Last year’s governmental pool investment earnings were based on interest rates from
Page 18 of 23
Minutes of the Regular Session Meeting— August 23, 2007
4.74% to 5.00%. This year’s rates range from 5.257% to 5.288%. Last year’s U.S. Agency
investment rates range from 1.78% to 5.69%. This year’s rates range between 3.70% and 6.00%.
New investments are made at the market rates at the time of purchase.
CONSENT
Council Member Mahan moved to approve the Consent agenda items 5a through 5c. Council
Member Caskey seconded the Motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
Consider Proposed Ordinance approving the renewal of the bank depository contract with
JP Morgan Chase Bank.
ORDINANCE NO. 10,691
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE BANK DEPOSITORY CONTRACT WITH JP MORGAN CHASE BANK;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing the annual software maintenance agreement
with Sungard Pentamation, Inc.
ORDINANCE NO. 10,692
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF EIGHTY-THREE THOUSAND ONE HUNDRED
FIFTY-FIVE AND 95/100 DOLLARS ($83,155.95) TO SUNGARD PENTAMATION, INC.,
AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing the City Manager to negotiate an agreement
with Randall B. Strong for legal services associated with delinquent tax and bankruptcy
collections.
ORDINANCE NO. 10,693
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH RANDALL B. STRONG FOR LEGAL SERVICES FOR DELINQUENT
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Minutes of the Regular Session Meeting— August 23, 2007
TAX AND BANKRUPTCY COLLECTIONS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
APPOINTMENTS
Consider and confirm the appointments to the Youth Advisory Commission.
Council Member Caskey moved that the following youth be appointed the Youth Advisory
Commission for the 2007-2008 term:
Acosta, Joseph Chretien, Keena
Cunningham, Corey Dippel, Clay
Garcia, Christine Garcia, Jose
Guzman, Victor Hilyard, Taylor
Innis, Jessica Kenny, Katie
Lester, Charles Miller, Jacob
Siegelman, Laura Smith, Kelsey
Thain, Amanda Thomason, Hayden
Watty, Kelanie Whitley, Stephanie
Winston, Michal
Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
Consider appointments to the Baytown Area Water Authority Board (3).
Council Member Murray moved that Robert L. Gillette, Dan M. Mundinger, and Dan Conejo be
re-appointed to serve on the Baytown Water Authority Board for the term to begin on September
1, 2007 and end on September 1, 2009. Council Member Caskey seconded the motion. The vote
follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
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Minutes of the Regular Session Meeting— August 23, 2007
Mayor ProTem Capetillo announced that the next two items would be taken together.
Consider appointments to the Baytown Reinvestment Zone Number One Board (3).
Consider appointments to the Baytown Redevelopment Authority (3).
Council Member Mahan moved that Dr. Don Murray, Reggie Brewer, and Mike Wilson be re-
appointed to serve on the Baytown Reinvestment Zone Number One Board and the Baytown
Redevelopment Authority with the terms for each appointment to begin on September 1, 2007
and end on August 31, 2009. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
Council recognized that Dr. Martha Ellis, President of Lee College has confirmed that the Lee
College representative appointment to both boards, Steve Evans, whose term will also expire
August 31, 2007, will serve another term which will begin September 1, 2007 and end on August
31, 2009.
Consider appointments to the Parks and Recreation Board (2).
Council Member Mahan moved to confirm the Mayor’s re-appointed of Howard Hunt to serve
on the Parks and Recreation Board for the term to begin on August 31, 2007 and end on August
31, 2010. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
Consider appointments to the Baytown Beautification Advisory Commission (6).
Council Member Murray moved that Richard Moody and Jane Riggs be re-appointed to serve on
the Baytown Beautification Advisory Commission for a term to begin September 30, 2007
and end on September 30, 2009. Council Member Yepez seconded the motion. The vote
follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
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Minutes of the Regular Session Meeting— August 23, 2007
Council Member Mahan moved to appoint Judy DuBose to fill the unexpired term of Shea
Williams which will expire on September 30, 2008 and to appoint Eleanor Albon, Mitchell
Pearce, Bert Marshall, and David Yepez to serve as new members to the Committee for a term to
begin on September 30, 2007 and will expire on September 30, 2009. Council Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
Consider appointments to the Baytown Animal Control Advisory Committee (3).
Council Member Caskey moved that Mike Lester, Byron Jones, and Dr. Cynthia Lipps be re-
appointed to serve on the Baytown Animal Control Advisory Committee for a term to begin
September 26, 2007 and end on September 26, 2009. Council Member Yepez seconded the
motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
EXECUTIVE SESSION
Recess into and conduct an executive session pursuant to Texas Government Code, Section
551.071 to seek the advice of the City’s attorneys regarding legal matters associated the
barge terminal development along Cedar Bayou.
Mayor ProTem Capetillo announced at 7:55 p.m. that Council would recess into and conduct an
executive session pursuant to Government Code, Section 551.071 to seek the advice of the City’s
attorneys regarding legal matters associated with the barge terminal development along Cedar
Bayou.
Mayor ProTem Capetillo re-convened the meeting at 8:10 p.m. and announced that no action was
taken in executive session.
Upon reconvening, Mayor ProTem called the following item on the agenda that was skipped
earlier in the meeting:
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Minutes of the Regular Session Meeting— August 23, 2007
Consider Proposed Ordinance authorizing the engagement of Bob Renbarger of Fritz,
Byrne, Head & Harrison, LLP, concerning possible legal proceedings and development
regulations associated with barge terminal development along Cedar Bayou.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes the engagement
of Bob Renbarger of Fritz, Byrne, Head & Harrison, LLP, concerning possible legal proceedings
and development regulations associated with barge terminal development along Cedar Bayou.
This proposed ordinance authorizes Mr. Renbarger to evaluate possible options that the City may
take to oppose barge terminal projects along the bayou and to recommend development
regulations which may alleviate the adverse impact of such developments on neighboring
residential areas. The ordinance authorizes payment to such firm in an amount not to exceed
$50,000.
Mayor ProTem Capetillo announced that Tom L. Kincaid had signed up to speak on this item
and called Mr. Kincaid forward to speak at this time.
Tom L. Kincaid, 4035 Wright Lane, Baytown, Texas (832) 556-8259: Mr. Kincaid told Council
that he had attended a meeting about 8 weeks ago and learned that the City had intended to annex
land along Cedar Bayou to stop the barge terminal. He wanted Council to give a status report on
the progress of this annexation because he is concerned about the progress being made with the
barge terminals and the fact that another terminal is on the way. He would like to see the
annexation put into progress and that it be put into effect all the way to the mouth of the river.
Mayor ProTem Capetillo also announced that Keith Coburn had signed up to speak on this item.
Keith Coburn was not present.
Council Member Mahan moved to approve the Ordinance authorizing the engagement of Bob
Renbarger of Fritz, Byrne, Head & Harrison, LLP. Council Member Caskey seconded the
motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
ORDINANCE 10,694
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE INTERIM CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH FRITZ, BYRNE, HEAD & HARRISON, LLP, FOR LEGAL SERVICES
CONCERNING POSSIBLE LEGAL PROCEEDINGS AND DEVELOPMENT
REGULATIONS ASSOCIATED WITH BARGE TERMINAL DEVELOPMENT ALONG
CEDAR BAYOU; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY
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Minutes of the Regular Session Meeting— August 23, 2007
THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Recess into and conduct an executive session pursuant to Government Code, Section
551.074 to hear a complaint concerning the City Attorney’s remarks made to a city
manager candidate.
This item was passed and not considered by Council.
MANAGER'S REPORT
Update on the Raccoon Drive reconstruction project
Hurricane Dean Wrap-up
Receive departmental presentation by the City Clerk's Office
ADJOURN
Council Member Mahan moved to adjourn the meeting. Council Member Caskey seconded the
Motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor Pro Tem Capetillo
Nays: none
The motion carried.
With no additional business the meeting adjourned at 8:47 p.m.
______________________________
Lorri Coody, City Clerk