2008 01 10 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 10, 2008
The City Council of the City of Baytown, Texas, met in regular session on January 10, 2008 at
6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Lena R. Yepez Council Member
Brandon Capetillo Council Member
Don Murray Council Member
Lynn A. Caskey, II Council Member
Sammy Mahan Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Robert D. Leiper Deputy City Manager
Ignacio Ramirez City Attorney
Kelvin Knauf Interim City Clerk
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present.
Council Members Scott Sheley was absent.
MINUTES
Consider approval of the minutes for the Work Session Meeting and the Regular Council
Meeting held on December 13, 2007.
Council Member Murray moved to approve the minutes as submitted. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Presentation of Chuck Russell’s and Athletics Group
Mayor DonCarlos introduced Coach Chuck Russell and his group of athletes, which competed in
the 2007 Special Olympics held in Shanghai, China. The athletes Hines, Cantu, Salas and Mart
th
all placed well and received medals, while as a tram, they placed 4 place in their soccer
division.
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Minutes of the Regular Meeting— January 10, 2008
The Council all applauded them for their efforts, success and hard work. Coach Stacy Saxon
was also thanked for her volunteer efforts, but was not able to attend the evening’s meeting.
Presentation of Police Department's Accreditation Award.
Mayor DonCarlos called on Chief Byron Jones to introduce the City of Baytown Police CALEA
Accreditation team, which consisted of Lt. Johnnie Erickson, Officers Tobias, McGill and
Anderson. The Chief made special notice of Lt. Erickson who was given a Commendation
Medal for his efforts in serving as project manager, but applauded all the officers for their many
hours of volunteer work in the CALEA Accreditation program.
Chief Byron Jones presented the Mayor and Council with a certificate of accreditation for the
Baytown Police Department from the Commission on Law Enforcement Agencies (CALEA).
The Police Department received this accreditation on November 17, 2007 at the CALEA
conference for a period of three years.
Mayor congratulated officers present for their efforts and dedication to making the Baytown
Police a better institution.
Introduction of New Police Officer Gabriel Ortiz
This item was deferred until Officer Ortiz arrived as he was currently out on a call.
City Manager Brumback introduced Lt. Kelly Anderson and commended her for her recent
graduation from the FBI National Academy. Lt. Anderson became a Baytown Officer 1986 and
was the first female K9 officer. She has also been the recipient of the Public Safety Award.
Mayor DonCarlos congratulated Lt. Anderson for her achievements and extended his
appreciation for her service to the City of Baytown.
Introduction of New Bailiff
City Manager Brumback introduced Deputy/Bailiff Sheila McWilliams. Deputy McWilliams
graduated from The University of Houston Downtown Police Academy in September 2001. She
began her career in law enforcement as a reserve Police Officer with the Hempstead Police
Department. She later joined the Rosenberg Police Department where for 6 years she served in
various capacities, such as Field Training Officer and Mental Health Officer. Sheila holds an
Intermediate Peace Officers license and is the new Bailiff for the Baytown Municipal Court.
Employee Recognition for Years of Service
City Manager Brumback recognized employees for their dedicated years of service to the City
(5, 10, 15, 20, 25, and 30+ years)
The following employees were verbally recognized for their years of service to the City of
Baytown.
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Minutes of the Regular Meeting— January 10, 2008
The following individuals were recognized, but not present at Council meeting:
5 years:
Steven Jones, Police Department, Patrol Officer
Janie Garza, Police Department, Investigative Analyst
10 years:
Eleazar Arellano, Parks and Recreation Department, Crewleader
15 years:
Lazaro Perez, Parks and Recreation Department, Heavy Equipment Operator
Ms. Carol Flynt currently serves as the Interim Human Resources Director and was recognized
for her 15 years of services. She was present to receive her recognition and was congratulated by
Council and Staff for her dedication and service.
James Haffert, a Public Work’s Heavy Equipment Operator was also present at Council meeting
to receive his plaque and recognition for 15 years of service to the City of Baytown.
Presentation from the Baytown Toy Run and Rocky Strange
City Manger Brumback introduced Mr. Rocky Strange who presented Council with an
appreciation plaque for their support and participation for the 2007 Baytown Toy Run. Mr.
Strange felt the event had been very successful and feels that the event will double in size next
year.
Kenneth C. Simon - Waiver of Fees
Mr. Kenneth C. Simon has requested to address Council regarding a request to waive the fees for
the use of the Parks and Recreation meeting room for the youth group in connection with the
Junior Knights of Peter Claver fund raiser.
Mr. Simon explained that he represented a church group in McNair and going to Dallas for a
conference for leadership and the cost of $218.00 for each child. There are (25) children in the
group. Mr. Simon would like to hold a fundraiser in the auditorium and would like for the rental
fee waived.
City Manager Brumback agreed to work with the organization and attempt to push the cost down
as low as possible. City Manager Brumback also asked Council that they not set a precedent to
waive all fees for non profits as this could lead to future fee enforcement problems for the Parks
and Recreation Department.
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Minutes of the Regular Meeting— January 10, 2008
URSRB Appeal - 1200/1300 Northwood and TR57K/Lakeview Terrace Apartments
Demolition
The Mayor called the appeal requested by Grand Pacific Finance Corporation (GPF), in regards
to the December 3, 2007 decision, of the Urban Rehabilitation Standards Review Board, ordering
the demolition of 17 buildings in the Lakeview Terrace Apartment complex located at 1200/1300
Northwood in Baytown, Texas at 6:47 p.m. The appeal from the Urban Rehabilitation
Standards Review Board Order was filed in the Office of the Baytown City Clerk
on December 11, 2007.
Representative from Grand Pacific Corporation were present to conduct the appeal and the
Mayor swore in Vivian Lee and their real estate consultant, Carl Wilson.
Appellant, Vivian Lee from Grand Pacific Finance Corporation because they wanted to protect
their interest and felt that their engineering report was misleading and would like the City to
consider the demolition of (10) buildings and keep (7). The seven buildings are: 3500 S, N,
3600E, 4300N, 4600 N and 4600S.
Chief Building Official, Mr. Kevin Byal explained that by July 2007 these buildings were
severely dilapidated. The City conducted an inspection of (19) of the buildings that were
unoccupied and made contact with the owner to work with them on the repair of these buildings.
When the City saw that there was no evidence of interest from the owner in renovating the
property and by October 1, 2007 all communication had ceased, the Urban Rehabilitation Board
gave a 60 day notice to renovate. With no answer from either the owner or a representative from
the GPF Corp., the Urban Rehabilitation Board ordered (18) of the (19) buildings demolished.
Mr. Byal made notice the there have been two orders to demolish this property. The first one in
November 2007 was for (2) buildings in the occupied area, which was not appealed. The second
order is from December 2007 and was the one being appealed.
Ms. Lee from the GPF Corporation felt that they had not been given enough time by the City to
analyze and work up a plan to renovate and save the buildings. She noted that upon them
hearing of the possible demolition had sent out engineers to make an assessment of what needed
to be demolished, made steps to begin paying the outstanding water bill, contracted landscaping
to clean up the area and do other work on the property. She believed that 7 buildings could be
saved at a cost of 4 million.
Ms. Lee further elaborated that she felt that their company was not given accurate information by
the owner and engineers which led to them approving a 9.5 million loan, which has been
defaulted. Ms. Lee claims that they are in the process of foreclosing on the property and would
like the opportunity to salvage what they can on the property.
This item was discussed at length and the representatives for GPF Corporation fielded questions
from Council.
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Minutes of the Regular Meeting— January 10, 2008
City Manager Brumback pointed out to Council that the City does not want to have substandard
apartment complexes and that it was the staff’s belief that these buildings could not and should
not be allowed to remain standing.
To close, Mr. Byal gave a list of rebuttals to comments from the appellants and they are:
(29) Buildings in this complex have not been evaluated and feels comfortable that they
can be rehabbed. (1) has just been ordered to be demolished, (2) have been ordered to
demolish and not appeal,
(5) Legal notices sent out to the owner and lender.
The first meeting and every other meeting with lender, they claimed that they were going
for foreclosure and the procedure has not started yet.
The Urban Board did give timelines in order to have due diligence made.
These buildings have floodplain issues – these are 50 and 60 damaged (structurally)
Every visit to the buildings there are additional damages and there will likely be more
damage and decay than what is visible as these buildings have been exposed for many
years.
Pipes are a concern as they are completely collapsed
Have received calls from perspective buyers with the idea that the damages were only
cosmetic.
If the slabs are rebuilt immediately they may be saved, but if kept out there – they will be
damaged.
With no more comments the Mayor closed the hearing at 7:49 p.m.
1200/1300 Northwood and TR57K/Lakeview Terrace Apartments Demolition Affirm or
Reverse
City Manager Brumback asked Council to consider affirming, reversing or modifying the
decision of the Urban Rehabilitation Standards Review Board ordering the demolition of 17
buildings in the Lakeview Terrace Apartment complex located at 1200/1300 Northwood in
Baytown, Texas. (Grand Pacific Finance Corporation (GP), appeal).
Councilmember Yepez made a motion to reaffirm the decision to demolish the 17 buildings.
Councilmember Capetillo seconded. The vote is as follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
At 7:50 p.m., Officer Ortiz arrived in the Council Chambers where the item deferred earlier was
reintroduced per the request of City Manager Brumback.
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Minutes of the Regular Meeting— January 10, 2008
Introduction of New Police Officer Gabriel Ortiz
City Manager Brumback introduced Gabriel Ortiz who graduated from the University of
Houston Downtown Police Academy on December 7, 2007. Gabriel passed his basic police
officer licensing exam and was sworn in as a Baytown Police Officer on December 13, 2007.
His badge number is 152. Officer Ortiz was welcomed to the City of Baytown by Council and
Staff.
PROPOSED ORDINANCES
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 28.79-acre (1,253,950 square feet) tract of land in the Nathaniel Lynch
Survey, Abstract No. 44, Harris County, Texas, and being the same called 28.809 acre tract
as found in deed to Robert A. Easley Jr. from L. L Gregory, Jr., recorded in Harris County
Clerk's File No. U606092 of the Official Public Records of Real Property of Harris County,
Texas.
City Manager Brumback explained that the 28.79 acre tract of land is contiguous to the city
limits of Baytown; is vacant and without residents; and will be used to build an apartment
complex. He further noted that the property is located north of Interstate 10 at the intersection of
Decker Drive and east of Crosby Lynchburg Road.
City Council conducted the first and second public hearings for this annexation on the 13th day
of December, 2007 with said notice being published in the December 3, 2007 issue of the
Baytown Sun and posted on the City of Baytown’s website on December 3, 2007.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION
OF A 28.79-ACRE TRACT OF LAND IN THE NATHANIEL LYNCH SURVEY,
ABSTRACT NO. 44, HARRIS COUNTY, TEXAS, AND BEING THE SAME CALLED
28.809 ACRE TRACT AS FOUND IN DEED TO ROBERT A. EASLEY JR. FROM L. L
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Minutes of the Regular Meeting— January 10, 2008
GREGORY, JR., RECORDED IN HARRIS COUNTY CLERK'S FILE NO. U606092 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS;
WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
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 2.966 (129,181 square feet) tract of land located in the George C. Davis
Survey, Abstract Number 1472, City of Baytown, Harris County, Texas, said 2.966 acre
tract of land being all of the called 1 acre tract described in the deed to David Hester
recorded under Harris County Clerks File Number (H.C.C.F. No.) Z070096 and all of the
called 2 acre tract described in the deed to Morris David Boothe and Betty Joe Boothe
recorded under H.C.C.F. No. X871252, said 2.966 acre tract also being out of Highland
Farms, a subdivision recorded under Volume 10, Page 47 of the Harris County Map
Records.
City Manager Brumback explained that the 2.966 acre tract of land is contiguous to the city
limits of Baytown; is vacant and without residents and will be used to build a mini warehouse
facility. City Manager Brumback also explained that the property is located east of the
intersection of Garth Road and being adjacent to the south Feeder Road of Interstate 10.
City Council conducted the first and second public hearings for this annexation on the 13th day
of December, 2007 with said notice being published in the December 3, 2007 issue of The
Baytown Sun and posted on the City of Baytown’s website on December 3, 2007.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member Yepez
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION
OF A 2.966 TRACT OF LAND LOCATED IN THE GEORGE C. DAVIS SURVEY,
ABSTRACT NUMBER 1472, CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, SAID
2.966 ACRE TRACT OF LAND BEING ALL OF THE CALLED 1 ACRE TRACT
DESCRIBED IN THE DEED TO DAVID HESTER RECORDED UNDER HARRIS COUNTY
CLERK'S FILE NUMBER (H.C.C.F. NO.) Z070096 AND ALL OF THE CALLED 2 ACRE
TRACT DESCRIBED IN THE DEED TO MORRIS DAVID BOOTHE AND BETTY JOE
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Minutes of the Regular Meeting— January 10, 2008
BOOTHE RECORDED UNDER H.C.C.F. NO. X871252, SAID 2.966 ACRE TRACT ALSO
BEING OUT OF HIGHLAND FARMS, A SUBDIVISION RECORDED UNDER VOLUME
10, PAGE 47 OF THE HARRIS COUNTY MAP RECORDS; WHICH SAID TERRITORIES
LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY
OF BAYTOWN, TEXAS.
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 portions of Cedar Bayou Stream and the 500-foot strip of land commencing at
the easterly right-of-way of State Highway 146 North and the mean high tide line of the
east bank of Cedar Bayou Stream, then meandering with the east bank of Cedar Bayou
Stream to a point of intersection with the mean high tide line of the east bank of Cedar
Bayou Stream and Highway 99, excluding those areas subject to an industrial district
agreement with the City.
City Manager Brumback explained that written notices of the City's intent to annex were sent to
property owners in the area to be annexed and to the public and private entities that provide
services in accordance with the LGC§43.062 on September 24, 2007. Additionally, development
agreements were sent along with these notices to those whom such agreements were required
pursuant to LGC § 43.035. Notices of the first and second public hearings were published in the
October 15, 2007 issue of the Baytown Sun, posted on the City of Baytown’s website on October
15, 2007, and held by City Council on October 25, 2007.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,752
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 PORTIONS OF CEDAR BAYOU
STREAM AND THE 500-FOOT STRIP OF LAND COMMENCING AT THE EASTERLY
RIGHT-OF-WAY OF STATE HIGHWAY 146 NORTH AND THE MEAN HIGH TIDE LINE
OF THE EAST BANK OF CEDAR BAYOU STREAM, THEN MEANDERING WITH THE
EAST BANK OF CEDAR BAYOU STREAM TO A POINT OF INTERSECTION WITH THE
MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR BAYOU STREAM AND
HIGHWAY 99 IN CHAMBERS COUNTY, TEXAS, EXCLUDING THOSE AREAS
SUBJECT TO AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY; WHICH
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Minutes of the Regular Meeting— January 10, 2008
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 as portions of Cedar Bayou Stream and the
500-foot strip of land commencing at the easterly right-of-way of State Highway 146 North
and the mean high tide line of the east bank of Cedar Bayou Stream, then meandering with
the east bank of Cedar Bayou Stream to a point of intersection with the mean high tide line
of the east bank of Cedar Bayou Stream and Highway 99, excluding those areas subject to
an industrial district agreement with the City in Council Districts 5 and 6.
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, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING PORTIONS OF THE CEDAR BAYOU STREAM ANNEXATION TO COUNCIL
DISTRICT NOS. 5 AND 6; 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 the 1,000-foot strip of land adjacent to the east right-of-way of N. Main Street
out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the G. Ellis Survey, Harris County,
Texas.
City Manager Brumback explained that written notices of the City's intent to annex were sent to
property owners in the area to be annexed and to the public and private entities that provide
services in accordance with the LGC§43.062 on September 24, 2007. Notices of the first and
second public hearings were published in the October 15, 2007 issue of the Baytown Sun, posted
on the City of Baytown’s website on October 15, 2007, and held by City Council on October 25,
2007.
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, Capetillo and Caskey
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Minutes of the Regular Meeting— January 10, 2008
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,753
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 THE 1,000-FOOT STRIP OF LAND
ADJACENT TO THE EAST RIGHT-OF-WAY OF N. MAIN STREET OUT OF TRACTS 3K,
3J, 3A, 3H AND 8E, ABSTRACT 21 OF THE G. ELLIS SURVEY, 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 as the 1,000-foot strip of land adjacent to the
east right-of-way of N. Main Street out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the
G. Ellis Survey, Harris County, Texas in Council Districts 4.
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, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,796
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A 1,000-FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT-OF WAY OF
N. MAIN STREET OUT OF TRACTS 3K, 3J, 3A, 3H AND 8E, 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.
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 the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-
way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner
of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of
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Minutes of the Regular Meeting— January 10, 2008
I-10 and Sjolander Road, excluding those areas already within the City limits and those
areas subject to an industrial district agreement with the City.
City Manager Brumback explained that written notices of the City's intent to annex were sent to
property owners in the area to be annexed and to the public and private entities that provide
services in accordance with the LGC§43.062 on September 24, 2007. Additionally, development
agreements were sent along with these notices to those whom such agreements were required
pursuant to LGC § 43.035.
Notices of the first and second public hearings were published in the October 15, 2007 issue of
the Baytown Sun, posted on the City of Baytown’s website on October 15, 2007, and held by
City Council on October 25, 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, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,754
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 THE I-10 CORRIDOR FROM 1,000
FEET WEST OF SPRING GULLY TO THE EASTERLY RIGHT-OFWAY LINE OF STATE
HIGHWAY 146, THE ANNEXATION OF A 1.16-ACRE TRACT AT THE NORTHWEST
CORNER OF I-10 AND N. MAIN STREET, AND THE ANNEXATION OF A 1-ACRE
TRACT AT THE NORTHWEST CORNER OF I-10 AND SJOLANDER ROAD,
EXCLUDING THOSE AREAS ALREADY WITHIN THE CITY LIMITS AND THOSE
AREAS SUBJECT TO AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY;
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 as the I-10 corridor from 1,000 feet west of
Spring Gully to the easterly right-of-way line of State Highway 146, the annexation of a
1.16-acre tract at the northwest corner of I-10 and N. Main Street, and the annexation of a
1-acre tract at the northwest corner of I-10 and Sjolander Road, excluding those areas
subject to an industrial district agreement with the City in Council Districts 3, 4, and 5.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey
seconded the motion. The vote follows:
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Minutes of the Regular Meeting— January 10, 2008
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING PORTIONS OF THE 1-10 ANNEXATION TO COUNCIL DISTRICT NOS. 3 4
AND 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance for the first reading of the Ordinance annexing property for
limited purpose currently within the extra-territorial jurisdiction of the City of Baytown
and being described as:
1. A 90.2384-acre Tract north of Needle Point Road, east of SH 146 and South of I-10,
also known as Tract One of Chambers County Municipal Utility District No. 1
2. Approximately a 500 foot strip of land adjacent to the eastern right-of-way line of SH
146 and being a part of 150.5783-acre tract of land located south of Abbe Subdivision,
north of Wallace Road and east of SH 146. Such 150.5783-acre tract being also know
as Tract 3 of the Chambers County Municipal Utility District No. 1
3. Approximately a 500 foot strip of land adjacent to the western right-of-way line of SH
146 and being a part of a 31.5718-acre tract of land located south of Lynnwood
Subdivision, north of Union Pacific Railroad and west of SH 146. Such 31.5718-acre
tract being also know as Tract 4 of the Chambers County Municipal Utility District No.
1
City Manager Brumback explained that City Council conducted the first public hearing for this
annexation on the 19th day of November, 2007 with said notice being published in the October
29, 2007 issue of the Baytown Sun and posted on the City of Baytown’s website on October 26,
2007. City Council conducted the second public hearing for this annexation on the 13th day of
December, 2007 with said notice being published in the November 21, 2007 issue of the
Baytown Sun and posted on the City of Baytown’s website on November 21, 2007.
Council Member Murray moved to approve the Ordinance as submitted. Council Member Yepez
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
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Minutes of the Regular Meeting— January 10, 2008
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,798
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, FOR A LIMITED PURPOSE ONLY TO INCLUDE (I) A 90.2384-
ACRE TRACT NORTH OF NEEDLEPOINT ROAD, EAST OF SH 146 AND SOUTH OF I-
10, ALSO KNOWN AS TRACT ONE OF CHAMBERS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1 (II) AN APPROXIMATE 500 FOOT STRIP OF LAND ADJACENT TO
THE EASTERN RIGHT-OF-WAY LINE OF SH 146 AND BEING A PART OF 150.5783-
ACRE TRACT OF LAND LOCATED SOUTH OF ABBE SUBDIVISION, NORTH OF
WALLACE ROAD AND EAST OF SH 146 AND WHICH SUCH 150.5783-ACRE TRACT
BEING ALSO KNOWN AS TRACT 3 OF THE CHAMBERS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 1; AND (III) AN APPROXIMATE 500 FOOT STRIP OF LAND
ADJACENT TO THE WESTERN RIGHT OF-WAY LINE OF SH 146 AND BEING A PART
OF A 31.5718-ACRE TRACT OF LAND LOCATED SOUTH OF LYNNWOOD
SUBDIVISION, NORTH OF UNION PACIFIC RAILROAD AND WEST OF SH 146 AND
WHICH SUCH 31.5718-ACRE TRACT BEING ALSO KNOWN AS TRACT 4 OF THE
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS
FOR THE CITY OF BAYTOWN, TEXAS.
Council Member Capetillo left his place at 8:00 p.m.
Consider Proposed Ordinance awarding demolition contract for up to 20 buildings at
1200/1300 Northwood, also known as Lake View Terrace Apartments.
Kevin Byal, Chief Building Officer for the City of Baytown explained that the Proposed
Ordinance awards a contract for up to 20 buildings located at 1200/1300 Northwood to AAR
Incorporated in the amount of $288,495 for asbestos abatement and building/slab removal of
building nos. 1200, 2500, 3400, 3500A, 3500B, 3600A, 3600B, 3700, 3900, 4000, 4100, 4200,
4300, 4400A, 4400B, 4500A, 4500B, 4600A, 4600B, and 3300. The contract award includes 19
buildings as the base bid and one building as the alternate. The work associated with alternate
bid #1 will proceed only if the building is not demolished in accordance with the Urban
Rehabilitation Standards Review Board order by the owner/lienholder during the cure period.
Mr. Byal further explained that ten contractors attended the mandatory pre-bid on location.
Seven bids and one no bid was returned. The low bidder is AAR Incorporated of Houston. This
contractor has completed several projects for the Community Development Division. This
project will be funded by the Capital Improvement Projects Fund for Emergency Demolition.
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Additionally, Mr. Byal noted that the demolition bids included the destruction and removal of the
building’s concrete slabs.
Council Member Yepez 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 DonCarlos
Nays: None
Council Member Capetillo was not present for this vote.
The motion carried.
ORDINANCE NO. 10,799
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF AAR INCORPORATED, FOR ASBESTOS ABATEMENT,
DEMOLITION AND REMOVAL OF UP TO 20 BUILDINGS LOCATED AT 1200/1300
NORTHWOOD, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
EIGHTY-EIGHT THOUSAND FOUR HUNDRED NINETY-FIVE AND NO/100 DOLLARS
(S288,495.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance repealing Chapter 18 "Buildings and Building
Regulations," Article IX "Minimum Property Standards," Division 3 "Leased Multifamily
Dwellings" of the Code of Ordinances, Baytown, Texas, amending Chapter 18 "Buildings
and Building Regulations," Article IX "Minimum Property Standards," of the Code of
Ordinances, Baytown, Texas to establish new registration requirements and standards for
multi-family dwelling complexes.
Council Member Capetillo returned to his place at 8:05 p.m.
Mr. Kevin Byal explained that the proposed ordinance repeals Chapter 18 "Buildings and
Building Regulations," Article IX "Minimum Property Standards," Division 3 "Leased
Multifamily Dwellings" of the Code of Ordinances, Baytown, Texas, to establish new
registration requirements and standards for multi-family dwelling complexes. The proposed
ordinance repeals the current apartment license ordinance and replaces it with a multi-family (3
or more dwelling units) registration ordinance that provides, in part, for the following:
a certificate of occupancy upon change of ownership in order to continue operating;
an annual registration of the multi-family dwelling complex and upon change of
ownership;
payment of an annual registration fee of $24.00 for the first dwelling unit and $8.00 per
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dwelling unit thereafter, with a minimum payment of $50.00 (the fees will go toward the hiring
of an apartment inspector);
inspection of multi-family complexes by the building official and follow-up inspections
if necessary;
an administrative hearing with the city manager or his designee if the multi-family
complex owner or manager desire one to contest the inspection fees assessed;
inspections by the landlord of each dwelling at least once annually and when the
occupancy of the unit changes and a report of such inspections, which shall be made available to
the building official for inspection at all reasonable times;
signs to be posted and maintained on the premises providing the telephone number where
employees of the complex can be reached during emergencies;
sufficient lighting, which is required to be maintained;
graffiti to be removed within 7 days;
compliance with the property maintenance code,
a penalty for failure to comply with the ordinance; and
posting for non-occupancy those unoccupied dwelling units in a building in which at least
one dwelling unit failed an inspection, until the deficiencies are corrected.
The Mayor asked that City Attorney Ignacio Ramirez outline some of the items that had been
modified to the ordinance since the last Council Meeting held on December 13, 2007.
City Attorney Ramirez listed the changes and a sample is listed below:
Definition of surveillance devices to exclude dummy cameras
Person designated to respond to emergencies
Information submitted in alarm system process does not require a third party inspector,
but anyone who holds the appropriate license.
Mr. Brookstaff, a representative for the many of the local area apartment buildings thanked
Council for allowing them to work closely with the City in regards to this ordinance, but
cautioned not to place resident responsibilities on the apartment management. Additionally, Mr.
Brookstaff expressed some concerns with the ordinance and they are listed below:
1- Requiring smoke detectors to be inspected on an annual basis.
2- Inspections without cause and how that would hinder a good owner’s ability to do their
job without government intervention.
st.
3- Logistical issues surrounding the apartment registration deadline on January 31
Ms. Amy Bertrand signed up to speak on this item and deferred her time to Carol Dougherty.
Ms. Carol Dougherty with Rosemont of Baytown Apartments thanked Council for their support
and ability to work with them and said she looked forward to working with the City.
Council Member Capetillo moved to approve the Ordinance as submitted. Council Member
Caskey seconded the motion. The vote follows:
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Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,800
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IX
"MINIMUM PROPERTY STANDARDS," DIVISION 3 "LEASED MULTIFAMILY
DWELLINGS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING
CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IX "MINIMUM
PROPERTY STANDARDS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 3 "MULTI-
FAMILY DWELLING COMPLEXES" TO ESTABLISH NEW MULTIFAMILY DWELLING
COMPLEX LICENSING REGULATIONS; 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 authorizing the Second Amendment to the Standard Form
of Agreement with Kimley-Horn and Associates, Inc., dated January 26, 2007 and amended
on October 23, 2007, to (i) finalize the conceptual master plans, programming for two
outdoor aquatic facilities at the Wayne Gray Sports Complex and N.C. Foote Park and one
water spray ground at McElroy Park in accordance with the approved City of Baytown
Aquatic Facilities Master Plan, and (ii) prepare completion construction documents, to
advertise for bid and to provide services related to the construction of one new aquatic
facility at the Wayne Gray Sports Complex.
Parks and Recreation Director, Mr. Scott Johnson explained that the Second Amendment, not to
exceed $613,000, includes the following tasks:
Services Timing of Service Cost not to Exceed
Coordination and Design Management Throughout the Project $35,500
Schematic Design Services 30 days $76,500
Design Development 60 days $153,000
Construction Documents 60 days $204,000
Bidding Services 60 days $25,500
Construction Services Throughout the Project $55,500
Post-Construction Services 30 days $15,000
Furthermore, the reimbursable expenses associated with this Second Amendment shall not
exceed $48,000. Upon completion of the services detailed in the Second Amendment, the City
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will have constructed the aquatic facilities at Wayne Gray Sports Complex and will have
standard operating procedures for and training on the new facilities. The original agreement with
Kimley-Horn was for the development of the Aquatic Facilities Master Plan at a cost not to
exceed $65,000. The First Amendment was for programming and conceptual plans together with
for the associated coordination and design management at a cost not to exceed $32,000.
Based on this design plan and the timing of the sale of the General Obligation and MDD funded
bonds, the schedule for the Family Aquatics Center Construction at the Wayne Gray Sports
Complex is as follows:
May 2008 Sports Complex pool opens for its final season
August 2008 Sports Complex pool closes and is demolished by City crews. Site is cleaned
and graded
November 2008 Sports Complex Aquatics Project (SCAP) is issued for bid
December SCAP bids awarded
2008
February 2009 SCAP construction begins
April 2010 SCAP construction complete
May 2010 Grand Opening of the Wayne Gray Sports Complex Family Aquatics Center
Mr. Johnson closed by recognizing all of the members of the Baytown Parks Committee for their
extensive work and support to make this project happen and hoped to open for swimming in May
2010.
Council Member Capetillo moved to approve the Ordinance as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,801
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SECOND AMENDMENT TO THE STANDARD FORM OF
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., DATED JANUARY 26,
2007 AND AMENDED ON OCTOBER 23, 2007, TO (I) FINALIZE THE CONCEPTUAL
MASTER PLANS, PROGRAMMING FOR TWO OUTDOOR AQUATIC FACILITIES AT
THE WAYNE GRAY SPORTS COMPLEX AND N.C. FOOTE PARK AND ONE WATER
SPRAY GROUND AT MCELROY PARK IN ACCORDANCE WITH THE APPROVED
CITY OF BAYTOWN AQUATIC FACILITIES MASTER PLAN, AND (II) PREPARE
COMPLETION CONSTRUCTION DOCUMENTS, TO ADVERTISE FOR BID AND TO
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Minutes of the Regular Meeting— January 10, 2008
PROVIDES SERVICES RELATED TO THE CONSTRUCTION OF ONE NEW AQUATIC
FACILITY AT THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIX HUNDRED
THIRTEEN THOUSAND AND NO/100 DOLLARS (5613,000.00); AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing Agreement for Advertising Services and
Promotion of the Arts with Bayshore Fine Rides, Inc., for its 20th Annual Car Show and
Cruise on Texas Avenue to be held on April 18th and 19th, 2008; granting a variance to the
distance requirements contained in the Live Outdoor Exhibition Ordinance for such event;
and exempting such event from the application of the City’s Peddlers and Solicitors
Ordinance.
City Manager Brumback explained that the City of Baytown received a request for funding from
Bayshore Fine Rides, Inc. for its 20th Annual Car Show and Cruise on Texas Avenue to be held
April 18, 2008, from 6:00 p.m. to 10:00 p.m. and April 19, 2008, from 9:00 a.m. to 5:00 p.m.,
between Felton and Commerce Streets. The proposed ordinance grants such request by
authorizing an agreement for funding up to $15,000 of hotel occupancy tax revenues.
Additionally, the proposed ordinance granted to Bayshore Fine Rides, Inc., a variance to Section
42-286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor
exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors.
The live outdoor exhibition ordinance regulations prohibit any live outdoor exhibition activity
within 500 feet from property used as a residence, school, hospital or church. Because this event
will be within the prohibited distance of residences, a variance from Section 42-286(e) is
necessary for the event to occur on Texas Avenue. Additionally, the outdoor vendor ordinance
requires permitting, bonding, and insurance from each merchant selling goods or services at the
event. A variance from Chapter 74 of the Code of Ordinances is necessary in order to exempt
such merchants from complying with such requirements. Granting the variances contained in the
proposed resolution is consistent with the action Council took with respect to the 18th and 19th
Annual Fine Rides Show on Texas Avenue.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member Caskey
seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,802
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES AND PROMOTION OF
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THE ARTS WITH BAYSHORE FINE RIDES, INC., FOR ITS 20™ ANNUAL CAR SHOW
AND CRUISE ON TEXAS AVENUE TO BE HELD ON APRIL 18, 2008 AND APRIL 19,
2008; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN
AMOUNT NOT TO EXCEED FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00);
GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V
"LIVE OUTDOOR EXHIBITIONS," SECTION 42-286 "PERMIT REQUIRED" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE
REQUIREMENT FOR BAYSHORE FINE RIDES, INC.'S 20™ ANNUAL CAR SHOW AND
CRUISE ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE
APPLICATION; GRANTING A VARIANCE TO EXEMPT BAYSHORE FINE RIDES, INC.'S
20™ ANNUAL CAR SHOW AND CRUISE ON TEXAS AVENUE FROM THE
PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN
APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing an interlocal agreement with Harris County
and Reinvestment Zone Number One, City of Baytown, Texas, for Harris County's
participation in TIRZ #1.
City Manager Brumback presented Deputy City Manager Robert Leiper to discuss the
background and history of this project and agreement.
Deputy City Manager Leiper briefly discussed the four year process undertaken to make this
agreement happen. He made a special thanks to Council Member Murray and all the members of
the TIRZ Board for the work and patience throughout this process. Deputy City Manager Leiper
explained that this proposed ordinance would allow the collection of ad valorem tax increment
on a portion of the County's tax rate. The tax increment collected will be used to fund and/or
reimburse developer-funded improvements to John Martin Road from Interstate 10 to Lynchburg
- Cedar Bayou Road.
Furthermore, Deputy City Manager Leiper explained that this project has been under discussion
with the County for several years and the interlocal agreement was approved by Harris County
Commissioners Court on December 18, 2007. The interlocal agreement was scheduled to be
considered for approval by the Baytown Redevelopment Authority Board on January 8, 2008.
The key elements of the agreement are:
1. The County will participate at 75% of its base tax rate, not to exceed $0.30 per $100
2. The base tax year for calculation of increment is 2005
3. The County participation is limited to $15,022,674
4. The County participation will end December 31, 2030
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5. County increment shall not be used to pay for water, sewer, street lighting or sidewalks.
6. The TIRZ shall pay $35,000 annually from County increment to Project Stars or other County
beautification projects.
7. The project will be broken into two phases - north and south - with the north segment
constructed first.
8. Phase Two must begin construction within five years.
9. At least 5% of the single family, detached homes constructed in TIRZ subdivisions after the
effective date of this agreement shall be "starter" homes indexed according to HUD and
HCCEDD standards, currently $115,000.
10. The TIRZ Project Plan and Financing Plan must be revised to reflect this project and County
participation no later than September 30, 2008.
Furthermore, the 2006 estimated construction cost for both phases of John Martin, including
utilities, is $11 million. Once all parties have approved the interlocal agreement the following
actions would begin:
1. The Project Plan and Financing Plan will be revised and presented to the Redevelopment
Authority Board, City Council and Harris County.
2. A participation agreement will be negotiated with the developer on the west side of John
Martin Road. This will include annexation of additional property and the expansion of the TIRZ
boundaries to include this development.
3. Even though the north segment will be constructed first, the road alignment of the south
portion will be established by an engineering firm and ROW acquisition will begin.
4. The determination of project management will be made. The County has expressed interest in
funding design and managing the construction project. If the County declines, the developers
will fund the design costs and the City will manage the project.
The Mayor thanked Deputy City Manager Leiper, the Staff, Council Member Murray and all
those involved in this process as it was a long and difficult one, but a ultimately a successful one.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
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The motion carried.
ORDINANCE NO. 10,803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN HARRIS COUNTY, CITY OF BAYTOWN, AND REINVESTMENT ZONE
NUMBER ONE, BAYTOWN, TEXAS FOR HARRIS COUNTY'S PARTICIPATION IN THE
TIRZ FOR THE JOHN MARTIN ROADWAY IMPROVEMENT PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution granting the petition requesting annexation submitted by
Lawrence W. Doyle, the Manager/Owner of Garth Road Holdings, LLC., the owner of a
tract of land being a 4.88 acre tract or parcel of land situated in Block 140 of Elena Fruit
and Cotton Farms, Unit "D", a subdivision situated 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, and being a portion of the combination of 2 tracts as described in 1) deed
from Dan Hutching to the Board of Trustees of Garth Road Baptist Church and recorded
in Volume 4630 Page 556 ofthe Deed records of Harris County, Texas and 2) deed from
Coastal Land and Development Company, Inc. to the Board of Trustees of Garth Road
Baptist Church and are recorded in Volume 5341 page 438 of the Deed Records of Harris
County, Texas, SAVE AND EXCEPT a called 0.209 acre tract to Harris County for the
widening of Garth Road as described in Harris County Clerks File No. F793461, and being
7.30 acres.
City Manager Brumback explained that this 4.88 acre tract of land is located at 5123 Garth Road
near West Cedar Bayou Lynchburg Road, is contiguous to the city limits of Baytown, is vacant
and without residents, and will be used for retail purposes and for a restaurant.
Council Member Capetillo moved to approve the Resolution as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF GARTH ROAD HOLDINGS, LLC, CONCERNING THE
ANNEXATION OF A TRACT OF LAND OUT OF BLOCK ONE HUNDRED-FORTY (140),
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UNIT "D," ELENA FRUIT AND COTTON FARMS, A SUBDIVISION OUT OF THE
WASHINGTON COUNTY RAILROAD SURVEY IN HARRIS COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 7, PAGE 48 -
49 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS; AUTHORIZING THE
PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution expressing intent to finance expenditures to be incurred for
the professional services associated with the Aquatic Facilities at the Wayne Gray Sports
Complex.
City Manager Brumback explained that the Proposed Resolution authorizes the reimbursement
for the professional services associated with the Aquatic Facilities at the Wayne Gray Sports
Complex, which is scheduled to begin prior to the issuance of bonds. State law requires cities to
have the funds available at the time the contract is let. The bonds for the aquatic facilities will be
issued in the spring. The following advanced funding is requested:
Description Estimated Cost
Aquatic Facilities at the Wayne Gray Sports Complex $200,000
Total $200,000
Council Member Capetillo moved to approve the Resolution as submitted. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider authorizing advertisement to take bids for the Streets Phase IV - Kilgore Rd &
Bob Smith Rd Project.
City Manager Brumback explained that the scope of work for the project is the reconstruction of
two asphalt roadways with adjacent storm drainage ditches. The length of Kilgore Road is
approximately 8,820 feet and the length of Bob Smith Road is approximately 2,225 feet. A 6-
inch water line on Kilgore Road will be upgraded to an 8-inch water line and an 12-inch and 18-
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inch sanitary sewer line on Bob Smith Road will be replaced by pipe bursting. All the utilities
crossing under both roadways will be replaced within the right-of-way. The estimated
construction cost for this project is $4,100,000 and the construction duration is 240 calendar
days. The bids are based on asphalt pavement with an alternate for concrete.
Council Member Mahan moved to approve the Resolution as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
City Manager Brumback requested that Council pull Consent Item 7.d. as it was not ready.
Council agreed to the request.
Council Member Mahan made a motion to approve Consent Items 7.a. through 7.c. and Item 7.e
in one vote. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance approving an interlocal agreement with the Baytown
Municipal Development District for funding of the West District Wastewater Treatment
Plant Expansion project.
ORDINANCE NO. 10,804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING
FUNDING OF A PORTION OF THE WEST DISTRICT WASTEWATER TREATMENT
PLANT EXPANSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance authorizing the renewal of the 2007 Annual Sanitary Sewer
Rehabilitation contract with PM Construction & Rehab, L.P.
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ORDINANCE NO. 10,805
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE 2007 SANITARY SEWER REHABILITATION CONTRACT WITH PM
CONSTRUCTION & REHAB, L.P.; AUTHORIZING PAYMENT OF A SUM NOT TO
EXCEED ONE MILLION AND NO/100 DOLLARS (51,000,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance awarding MLG Construction Company housing
rehabilitation projects located at 1902 Superior Street, 1801 Superior Street, and 708
Carnegie Street.
ORDINANCE NO. 10,806
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF MLG CONSTRUCTION COMPANY FOR HOUSING REHABILITATION
PROJECTS LOCATED AT 1902 SUPERIOR STREET, 1801 SUPERIOR STREET, AND 708
CARNEGIE STREET; AUTHORIZING PAYMENT IN AN AMOUNT OF ONE HUNDRED
TWENTY THOUSAND FIVE HUNDRED TWELVE AND NO/100 DOLLARS ($
120,512.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution adopting amendments to Appendix A of the Harris County
All Hazard Mitigation Plan to address mitigation actions for additional hazards and
threats which may be faced by the City.
RESOLUTION NO. 1909
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING AMENDMENTS TO APPENDIX A OF THE HARRIS COUNTY ALL HAZARD
MITIGATION PLAN TO ADDRESS MITIGATION ACTIONS FOR ADDITIONAL
HAZARDS AND THREATS WHICH MAY BE FACED BY THE CITY; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
APPOINTMENTS
Consider appointments to the Community Development Advisory Committee (4).
City Manger Brumback explained that the Community Development Advisory Committee
(CDAC) holds public hearings, reviews the status of funded programs, and establishes an annual
budget for the Community Development Block Grant funds. Section 2-387 of the Baytown
Code of Ordinances states that the composition of the CDAC shall have representation of low- to
moderate-income areas of the city, as defined by the Department of Housing and Urban
Development. Minority groups will at least be represented in proportion to such citywide
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Minutes of the Regular Meeting— January 10, 2008
percentage representation. The Committee shall consist of at least one member from each of the
six council districts.
Terms for the following members will expire on January 1, 2008: Larry Newton of District 1,
Donna Terpening of District 2, Martha Barnett of District 3, and Terry Sain of District 4. Since
October 2006, the CDAC has held seven meetings. The attendance record for each member is as
follows:
Larry Newton – 4
Martha Barnett – 6
Donna Terpening – 7
Terry Sain – 7
Larry Newton of District 1 has served for four years and wishes to retire from service. The
remaining members would like to continue service, if reappointed. To maintain the same
geographic representation on the Committee, a resident from District 1 should be appointed.
During the December 13, 2007 Council Work Session Meeting, Council Member Yepez
suggested Simmie L. Robinson as the appointment consideration from District 1.
Council Member Yepez made a motion to reappoint Larry Newton, Martha Barnett, Donna
Terpening and Terry Sain and approve Simmie L. Robinson to the Community Development
Advisory Board. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointment of Julie Escalante as Municipal Court Judge for the remainder of
the term of office which commenced on February 1, 2008, and ends on January 31, 2010.
On February 9, 2006, the City Council appointed Julie Escalante to serve as the Municipal Court
Judge for a two year term which began on February 1, 2006 and will end on January 31, 2008.
The Judge is a full-time employee who receives the same benefits as all other full-time, non-civil
service employees. If re-appointed, Judge Escalante will serve a two-year term beginning on
February 1, 2008, and ends on January 31, 2010.
Council Member Capetillo made a motion to approve Julie Escalante as Municipal Court Judge.
Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Capetillo and Caskey
Mayor DonCarlos
Nays: None
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The motion carried.
EXECUTIVE SESSION
City Attorney Ramirez expressed to Council that an Executive Meeting was no longer needed in
regards to the possible purchase of real property for roadway projects.
MANAGER'S REPORT
Deputy City Manger Leiper reported that the repaving of the Texas Avenue Oak Tree is
moving forward. An arborist has been hired and the design has been completed. In order
to meet the timeline given by the arborist for the best time to work around the tree bids
will need to be completed the week following the Council meeting. This work will be
done before the car show.
th
City Manager Brumback informed Council that on January 24, the City will be testing
its new ConnectCTY system.
th
City Manager Brumback invited all Council and public to the 60 Anniversary
Celebration for the City of Baytown to be held on January 24, 2008 at 5:00 p.m. The
Mayor asked that Staff prepare a special invitation to former mayors and council
members to join the celebration.
CLOSING COMMENTS
The Mayor made a special notice and thank you to Mr. Dan Combes, a Chevron Plant Manager
who donated the new pictures that are now hanging in the Council chambers.
Mayor DonCarlos asked that prayers and good thoughts be sent to Former Council Member
Frank Hines who is currently in ill health.
ADJOURN
Council Member Caskey moved to adjourn the meeting. Council Member Murray seconded the
Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 8:48 p.m.
Page 27 of 27
Minutes of the Regular Meeting— January 10, 2008
______________________________
Kelvin Knauf, Interim City Clerk