2008 01 24 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 24, 2008
The City Council of the City of Baytown, Texas, met in regular session on January 24,
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 Member Sheley was absent.
MINUTES
Consider approval of the minutes for the Work Session Meeting and the Regular
Council Meeting held on January 10, 2008.
Council Member Capetillo moved to approve the minutes 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.
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Baytown Beautification Annual Awards for the Previous Year.
The Mayor introduced Ms. Susan Milner and Health Director Mike Lester to present the
awards to businesses for their beautification efforts.
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Ms. Milner explained that the Baytown Beautification Advisory Committee (BBAC) was
approved by Council on August 2005 to serve as an advisory for the beautification and
cooperation of business, the community and the City of Baytown.
The BBAC members were asked to stand and be recognized by Council, staff and those
present for their dedicated work. The Visual Enhancement Committee Members David
Black, Cherie Laughlin, Judy Wheat and Sherry White presented the quarterly awards to
the businesses that worked on the pride and appearance of their building, landscape and
surrounding area.
st
Board Member Black presented the 1 quarter winners, which were Camden
Apartments and Frank’s Collision and Repair.
nd
Board Member Laughlin presented the 2 quarter winners, which were Texas
First Bank and Remington Park.
rd
Board Member Wheat presented the 3 quarter winners, which were Trinity
Episcopal Church and Jimmie’s Paint and Body Shop.
th
Board Member White presented the 4 quarter winners, which were San Jacinto
Methodist Hospital and El Toro Restaurant on Garth Rd.
The Mayor presented the 2007 overall winner award to Frank’s Collision and Repair
Shop.
Citizen Communication - Rich Mendenhall
Mr. Rich Mendenhall addressed council regarding signs as regulated in ordinance 10,215.
Mr. Mendenhall owns a successful sports shop on Texas Avenue and has advertised
many times by holding a sign while standing on the back of his truck in parking lots and
on the side of the road. Mr. Mendenhall was warned by Sign Inspector, Ms. Debbie
Sherman that this practice was not permitted by the City of Baytown Code of Ordinances,
therefore he wanted clarification from Council and Staff on where he could stand to
continue the promotion of his business.
City Manager Brumback explained that he could not stand on the medians or on the side
of the road, but can stand on the sidewalk in front of his business to promote the shop.
City Manager Brumback explained that he was not targeting Mr. Mendenhall and that
this was more of a safety concern for the City.
Citizen Communication - Chris Presley
Mr. Chris Presley addressed Council regarding the supply and demand of tax credit
requirements by household and unit type. Mr. Presley explained that while the City of
Baytown has approved the construction of 1042 tax credit units, which was twice the
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Minutes of the Regular Meeting— January 24, 2008
recommended average, most of these complexes, are 2-3 room units. Mr. Presley
believes that there is a shortage of 4 bedroom tax credit units in the City of Baytown and
request that Council consider approving their construction.
PUBLIC HEARINGS
The Mayor opened this public hearing at 6:45 p.m.
Conduct the first public hearing on the proposed annexation 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 of the 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 the proposed annexation 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 of the 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.
This 4.88 acre tract of land 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.
The Mayor closed this public hearing at 6:46 p.m.
The Mayor opened this public hearing at 6:47 p.m.
Conduct the second public hearing on the proposed annexation 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
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described in 1) deed from Dan Hutching to the Board of Trustees of Garth Road
Baptist Church and recorded in Volume 4630 Page 556 of the 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 second public hearing on the proposed
annexation 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 of the 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.
This 4.88 acre tract of land 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.
The Mayor closed this public hearing at 6:48 p.m.
PROPOSED ORDINANCES
Consider Proposed Ordinance authorizing the City Manager to negotiate and
execute a Curbside Recycling Contract with Waste Management of Texas, Inc.
City Manager Brumback explained that the Proposed Ordinance authorizes the City
Manager to negotiate and execute a Curbside Recycling Contract with Waste
Management of Texas, Inc. The City Council discussed this recycling project at its work
session held on January 10, 2008. As you recall, the City received seven responses to
its Request for Proposals. Three of these responses were "no-bids." The City Staff has
reviewed and evaluated the proposals and recommends that the City pursue a contract
with Waste Management of Texas, Inc.
City Manager Brumback explained that there would be a 60 to 90 day start-up period
after contract execution before residential collection can begin. This time is necessary for
the contractor to obtain collection equipment and for the City to order the recycling bins.
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Deputy City Manager Leiper pointed out that the cost of the bins for the City would be
$2.20 and therefore the cost to the residents will be $2.50. Additionally, for new service
the resident will be given the initial bin; all additional bins will be available for purchase.
An education period will take place for the residents and this service will not include
apartment buildings.
Council Member Capetillo 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. 10,807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
CURBSIDE RECYCLING CONTRACT WITH WASTE MANAGEMENT OF TEXAS,
INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT
NOT TO EXCEED TWO HUNDRED SEVENTY-EIGHT THOUSAND FORTY
SEVEN AND NO/100 DOLLARS ($278,047.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance amending Chapter 42 "Health and Sanitation,"
Article IV "Food and Food Service Establishments," Section 42-178 "Fees" of the
Code of Ordinances, Baytown, Texas, to increase certain permit fees for food
services establishments.
City Manager Brumback introduced Mr. Mike Lester, Health Department Director who
explained that the Proposed Ordinance amends Chapter 42 "Health and Sanitation,"
Article IV "Food and Food Service Establishments," Section 42-178 "Fees" of the Code
of Ordinances, Baytown, Texas, to increase certain permit fees for food services
establishments. Permit fees for food service establishments are reviewed on an annual
basis with adjustments recommended every other year to allow the City of Baytown fees
to maintain a middle of the market position with surrounding cities and counties. The
proposed fees provide that opportunity while placing the City of Baytown in fourth
place of the five surveyed cities.
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
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Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,808
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD
AND FOOD SERVICE ESTABLISHMENTS," SECTION 42-178 "FEES" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE FEES; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing the City to enter into a Purchased
Services Agreement with San Jacinto Medical Group for an employee health clinic
including the medical services, supplies and location.
City Manager Brumback explained that due to the ever increasing cost of medical care,
the City of Baytown proposes to open an Employee Health and Wellness Clinic to
educate and treat our employees and retirees. The clinic would offer a cost savings to
both the City and the individuals that use the services.
The Proposed Ordinance authorizes the City to enter into an agreement with San Jacinto
Medical Group to reimburse for the expenses of the salary and benefits to hire a licensed
physician's assistant or a nurse practitioner. This individual will provide free of charge
wellness and medical services three days a week to City of Baytown employees and
retirees only.
The City of Baytown Employees Health & Wellness Clinic will provide education
regarding healthy behaviors and see patients by appointment for acute care, prevention
and screening. By providing these services, the employee and the City will save on the
costs of a doctor office visit, unnecessary laboratory and x-ray fees and numerous
other costs associated with office visits. Because the practitioner will have developed a
history on the employee and know when testing is needed.
Lastly, a wellness program educates employees on how to stay healthy and properly
utilize medical benefits. Healthy employees need less medical attention and typically do
not need chronic care; therefore, we anticipate the medical benefits fund will see a
reduction in claims costs. Better educated employees are better consumers of medical
benefits.
The employee health and wellness clinic will be located at San Jacinto Medical Groups'
current occupational health clinic under the direction of Dr. Steven Melcher. The clinic
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will be responsible for charting and documenting the visits and for tracking costs that the
clinic has saved the employee benefits plan.
Lastly, City Manager Brumback pointed out that this program will be available to both
current City employees as well as the retirees.
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. 10,809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PURCHASED SERVICES AGREEMENT WITH SAN JACINTO
MEDICAL GROUP FOR AN EMPLOYEE HEALTH CLINIC INCLUDING THE
MEDICAL SERVICES, SUPPLIES AND LOCATION; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE
HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving a strategic partnership agreement with
Chambers County Municipal Utility District No. 1.
City Manager Brumback that the Proposed Ordinance approved a strategic partnership
agreement with Chambers County Municipal Utility District No. 1 relating to a limited
purpose annexation. The City of Baytown entered into a Strategic Partnership Agreement
(“SPA”) with Chambers County MUD No. 1 (the “MUD”) in 2005 to provide water and
wastewater services to commercial frontage adjacent to Pine Meadows, Country
Meadows and Hunters Chase subdivisions as a precursor to a limited purpose annexation
that allows the City to collect sales and use taxes. In these areas the City and the MUD
split the sales tax revenues.
The City and the MUD had been discussing expanding the SPA to encompass the
remainder of the existing MUD, a portion of which is likely to develop into
commercial/retail centers. The City currently has a water and wastewater services
agreement for the existing residential development. The proposed SPA will expand the
water and wastewater agreement to cover all areas of the existing MUD area to provide
water immediately and wastewater upon completion of the Northeast Wastewater
Treatment Plant (NEWWTP). Upon plant completion, the Pine Meadows Sections One
and Two, and Country Meadows Section Seven wastewater will be directed to the
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NEWWTP allowing the MUD to discontinue the use of the package treatment plant. The
MUD will pay impact fees for all water and wastewater connections added under this
agreement.
In exchange for providing water and wastewater services to the MUD, the City will
complete a limited purpose annexation of the commercial areas and will collect and retain
100% of all municipal sales taxes. The City does not collect MDD sales taxes in
Chambers County. The areas currently under an agreement for a 50/50 split will remain
under the terms of the prior agreement.
On November 19, 2007, and December 13, 2007, the City Council held the requisite
public hearings concerning this SPA, giving members of the public who wish to present
testimony or evidence regarding the proposed agreement shall be given the opportunity to
do so. The proposed strategic partnership agreement additionally provides as follows:
1. that ad valorem taxes will not be levied on the property;
2. that the MUD will retain all of its powers and functions related to the property;
3. that the City will receive sales and use taxes collected within the area of the
limited purpose annexation;
4. that the MUD will continue to develop, to own, and to operate and maintain a
water, wastewater, and drainage system for the property;
5. that the City’s regulatory authority shall include only Chapter 4 “Adult
Commercial Establishments,” Chapter 42 “Health and Sanitation,” Chapter 82
“Secondhand Goods,” Article III “Junk and Automotive Wrecking and Salvage,”
Chapter 118 “Signs,” Article III “Regulations,” Division 4 “Location,”
Subdivision IV “Off-Premise Signs” along with all other provisions regulating
Off-Premise Signs, and Chapter 130 “Zoning”; and
6. that the City will provide enforcement of the above ordinances and will provide
water and/or wastewater services as established in the existing agreement, as
amended by this SPA, but will provide no other services.
Council Member Caskey 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. 10,810
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A STRATEGIC PARTNERSHIP AGREEMENT
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WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance amending Chapter 102 Vehicles for Hire Article II
Taxicabs, Division 1 Generally, Section 102-26 Definitions of the Code of
Ordinances, Baytown, Texas, to revise the definition of taxicab to exempt vehicles
operating in furtherance of the city’s circulator transit program from the taxicab
regulations and amending Chapter 102 Vehicles for Hire Article II Taxicabs,
Division 2 Generally, Section 102-59 Insurance, subsection (a) and Division 3
Operating Regulations, Section 102-108 Terminals and subterminals, subsection (a)
of the Code of Ordinances Baytown, Texas, to conform the insurance requirements
to that of state law and to clarify that each taxicab company is required to maintain
a terminal.
City Manger Brumback explained that the Proposed Ordinance amends Chapter 102
“Vehicles for Hire,” Article II “Taxicabs” of the Code of Ordinances, Baytown, Texas, as
follows:
Division 1 “Generally,” Section 102-26 “Definitions” to revise the definition of “taxicab”
to exempt vehicles operating in furtherance of the city’s circulator transit program from
the taxicab regulations;
Division 2 “Generally,” Section 102-59 “Insurance,” subsection (a) to conform the
insurance requirements to that of state law; and
Division 3 “Operating Regulations,” Section 102-108 “Terminals and subterminals,”
subsection (a) to clarify that each taxicab company is required to maintain a terminal.
The first proposed change was precipitated by the City’s new Baytown Circulator Transit
Program (the “Program”), which the City Council considered at its December 13, 2007
meeting. At such meeting, the Program’s fixed and non-fixed routes were discussed. The
non-fixed routes are for the complementary ADA services required by the Federal Transit
Administration and will be provided by a taxi service presently under contract with
Harris County. This ordinance revision is necessary in order for taxicabs performing the
non-fixed route ADA service under the Program to operate without having to be
individually licensed by the City of Baytown.
The other changes to the ordinance include:
- Insurance. The changes in the insurance requirements are necessitated by
changes in state law, which will come into effect on April 1, 2008. The city’s
current ordinance expressly lists the statutory limits. In the proposed ordinance, a
reference is merely made to state law.
- Terminal. The last change regarding the terminal clarifies that each licensed
taxicab company must maintain a terminal for the purposes currently described in
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the ordinance, including the parking of taxicabs, receipt of calls for service,
dispatch of taxicabs, the repository of lost items, and maintenance of taximeters.
The Mayor called Mr. Brad Shirley to the podium as he had signed to speak in this item.
Mr. Shirley operated the Red Top Taxi Company and is a resident of the City of
Baytown. Mr. Shirley feels that the Circular Transit Program was unfair to local taxi
companies as they are made to comply with City of Baytown taxi permits and other taxis
are not. He feels that he is being penalized for being a local company and that this
ordinance would hurt his business.
Deputy City Manager Robert D. Leiper explained that the program is controlled by Harris
County and the City cannot regulate cab companies that may or may not enter the City
limits under the program. It would be a logistical nightmare and impossible to control.
The Mayor welcomed all local taxi companies to consider applying for the Circular
Transit Program with Harris County and reminded them that the requirements for
participating in this program are more stringent than those of the City of Baytown.
The item was briefly discussed.
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. 10,811
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE II "TAXICABS,"
DIVISION 1 "GENERALLY," SECTION 102-26 "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO REVISE THE DEFINITION OF
"TAXICAB" TO EXEMPT VEHICLES OPERATING IN FURTHERANCE OF THE
CITY'S CIRCULATOR TRANSIT PROGRAM FROM THE TAXICAB
REGULATIONS; AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE II
"TAXICABS," DIVISION 2 "GENERALLY," "LICENSE," SECTION 102-59
"INSURANCE," SUBSECTION (A) AND DIVISION 3 "OPERATING
REGULATIONS," SECTION 102-108 "TERMINALS AND SUBTERMINALS,"
SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
CONFORM THE INSURANCE REQUIREMENTS TO THAT OF STATE LAW AND
TO CLARIFY THAT EACH TAXICAB COMPANY IS REQUIRED TO MAINTAIN A
TERMINAL.; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
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CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND
THE EFFECTIVE DATE THEREOF.
The Mayor asked Council to consider items 4.f and 4.g together as they were both bond
related.
Consider Proposed Ordinance authorizing the issuance of $12,890,000 City of
Baytown Texas, General Obligation Bonds, Series 2008.
City Manager Brumback explained that the Proposed Ordinance authorizes the issuance
of $12,890,000 City of Baytown Texas, General Obligation Bonds, Series 2008.
Proceeds from the sale of the Series 2008 General Obligation Bonds are intended for the
following projects: Street Improvements; Northeast Fire Station; Radio System
Upgrade; Matching Funds for Harris County and TxDot Projects; Construction of
Drainage Facilities; Aquatics Master Plan Phase I; Sidewalks Near Parks and Schools;
Beautification; Siren Replacement and Additions; and Estimated Issuance Costs related
to issuance of bonds.
The bond bids will be opened on January 24, 2008 and First Southwest Company will
make recommendations for awarding the bid at the Council meeting.
ORDINANCE NO. 10,812
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ISSUANCE OF $12,890,000 CITY OF BAYTOWN TEXAS,
GENERAL OBLIGATION BONDS, SERIES 2008; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
Consider Proposed Ordinance authorizing the issuance of $29,500,000 City of
Baytown Texas Certificates of Obligation, Series 2008.
City Manager Brumback explained that the Proposed Ordinance authorizes the issuance
of $29,500,000 City of Baytown, Certificates of Obligation, Series 2008. Proceeds from
the sale of Series 2008 Certificates of Obligation are intended for the following projects:
Miscellaneous Rehab and Emergencies; Central District Wastewater Treatment Plant;
West District Plant Expansion; Steinman Lift Station; Cedar Bayou Lift Station
Investigative Study; and Estimated Issuance Costs.
The Certificate of Obligation bids will be opened on January 24, 2008 and First
Southwest Company will make recommendations for awarding the certificates at the
Council meeting.
Council Member Murray moved to approve items 4.f. and 4.g. as submitted. Council
Member Capetillo 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. 10,813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ISSUANCE OF $29,500,000 CITY OF BAYTOWN, TEXAS,
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES
2008; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF
Consider Proposed Ordinance amending Chapter 94 Traffic and Vehicles, Article V
Stopping, Standing and Parking, Division 2 Parking, Section 94-182 Prohibited for
certain vehicles and purposes to add two new subsections to be numbered
subsection (b)(6) and (c)(3), to prohibit parking of non-motorized vehicles on public
streets for more than 72 hours in a 120 consecutive hour period and to add a new
section to be numbered and entitled Section 94-189 Parking prohibited on certain
front yards to restrict motor vehicles, boats and trailers from being parked on
unimproved areas of residential front yards.
City Manager Brumback explained that the Proposed Ordinance amends Chapter 94
“Traffic and Vehicles,” Article V “Stopping, Standing and Parking,” Division 2
“Parking,” Section 94-182 “Prohibited for certain vehicles and purposes” to add two new
subsections to be numbered subsection (b)(6) and (c)(3), to prohibit parking of non-
motorized vehicles on public streets for more than 72 hours in a 120 consecutive hour
period and to add a new section to be numbered and entitled Section 94-189 “Parking
prohibited on certain front yards” to restrict motor vehicles, boats and trailers from being
parked on unimproved areas of residential front yards.
- The first proposed amendment establishes an offense if a person parks any non-
motorized vehicle on a public street. An exception (defense) is provided if the
non-motorized vehicle was so parked for less than 72 hours in a
consecutive 120- hour period.
- The second proposed amendment establishes an offense if a person parks a
motor vehicle, a non-motorized vehicle, or recreational vehicle in a front yard
(forward of the front building wall) of a single family or duplex dwelling if all
wheels of the motor vehicle or non-motorized vehicle are not on an improved
surface.
- The third proposed amendment prohibits any front yard of a single family or
duplex dwelling from containing an improved surface greater than 18-feet wide
at any point or 50% of the average lot width, whichever is greater.
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Mr. Ken Williamson addressed Council to discuss his opposition to this ordinance
because he felt that there were better things the City should be concentrating on than
trying to tell citizens where they could park their boats. Mr. Williamson also commented
that this ordinance would be a strain on all boat owners that would be forced into
compliance.
Mr. Harvey Fonder addressed Council to voice his opposition to this ordinance and said
he felt that the City was trying to control his life, property and what he could and could
not do. Mr. Fonder asked Council to explain what beautification was for them and how
that was going to affect his property. He voiced his concerns that this ordinance was
intrusive and a violation of his rights.
Ms. Adela Rogers addressed Council to first oppose the ordinance, but commented that
after sitting in the Council meeting and realizing that boats were excluded the ordinance
would not affect her.
Ms. Lorna Buenrostro addressed Council to oppose the ordinance and while she was
happy that the boat restrictions were excluded she felt there other things that needed to be
done to beautify Baytown first and complained of the lack of street sweeping
accomplished by the City.
Council discussed the item and after more consideration decided to table the item until
after the Council retreat, which will take place in March 2008.
Council Member Mahan moved to table the Ordinance. 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 and the item was tabled.
Consider Proposed Ordinance calling the municipal and special elections to be held
on May 10, 2008, for the purposes of electing one Council Member each from
District Numbers Four, Five and Six and reauthorizing the 1/4% sales and use tax
to continue providing revenue for maintenance and repair of municipal streets.
City Manager Brumback explained that the Proposed Ordinance calls the municipal and
special elections to be held on May 10, 2008, for the purposes of electing one Council
Member each from District Numbers Four, Five and Six and reauthorizing the 1/4% sales
and use tax to continue providing revenue for maintenance and repair of municipal
streets.
Additionally, City Manager Brumback explained that the Street Maintenance Sales tax
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was approved by voters in 2004 and has a sunset requirement after four years. It will
expire in 2008 unless reauthorized by voters. If reauthorized, the Street Maintenance
Sales Tax program will continue for an additional four years (2012). There are no options
for alternate terms.
Council briefly discussed the item.
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. 10,814
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS,
ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 10th DAY OF
MAY, 2008, FOR THE PURPOSES OF ELECTING THREE COUNCILMEMBERS
FROM DISTRICT NOS. FOUR, FIVE AND SIX ORDERING A SPECIAL ELECTION
TO BE HELD ON THE 10™ DAY OF MAY, 2008, FOR THE PURPOSES OF
REAUTHORIZING THE LOCAL SALES AND USE TAX IN THE CITY OF
BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE
PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL
STREETS DESIGNATING THE PLACES AND MANNER OF HOLDING SAID
ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL
COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD
FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION
OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
PROPOSED RESOLUTIONS
Consider Proposed Resolution approving the proposed Storm Water Management
Plan for the City of Baytown and authorizing submission of the notice of intent to
comply with the State of Texas General Permit for Storm Water Phase II cities.
City Manager Brumback explained that this Resolution will approve the proposed Storm
Water Management Plan for the City of Baytown as required by the Texas Commission
of Environmental Quality Rules and Regulations as they relate to Storm Water Phase II
cities within the State of Texas. The Resolution also approves and authorizes the
submission of the Notice of Intent to comply with the State of Texas General Permit for
Storm Water Phase II cities.
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Minutes of the Regular Meeting— January 24, 2008
Additionally, City Manager Brumback explained that the adoption of the Plan does not
implement the specific ordinances which will regulate the construction, post-construction
or residential requirements. The construction and post-construction ordinance will be
brought to the Council at a later time for consideration and adoption. A
separate ordinance regulating residential activities also will be brought to the Council at a
later date for consideration and adoption.
Council Member Mahan moved to approve the Resolution 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.
RESOLUTION NO. 1910
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE PROPOSED STORM WATER MANAGEMENT PLAN FOR THE
CITY OF BAYTOWN; AUTHORIZING SUBMISSION OF THE NOTICE OF INTENT
TO COMPLY WITH THE STATE OF TEXAS GENERAL PERMIT FOR STORM
WATER PHASE II CITIES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Proposed Resolution approving an application for continued funding for the
Victims of Crime Act (VOCA) Grant awarded to the City to provide the Family
Violence Counseling and Victim Services Program in the Police Department for the
2008-2009 period.
City Manager Brumback introduced Captain Keith Dougherty from the Baytown Police
Department to expand on this item.
Captain Dougherty explained that the Proposed Resolution approves an application for
continued funding for the Victims of Crime Act (“VOCA”) Grant awarded to the City to
provide the Family Violence Counseling and Victim Services Program in the Police
Department for the 2008-2009 period. The Office of the Governor, Criminal Justice
Division, VOCA program will review the VOCA Grant application during competitive
grant proposals. The application will request continued funding for one full-time
personnel position, a Case Management Coordinator, who works directly under the
supervision of the Baytown Police Department. This continuation grant will be for the 9th
year of funding. The original application was approved by Resolution No. 1404 and the
grant has been awarded by the Office of the Governor-Criminal Justice Division for fiscal
years 2000 -- 2007. Funding is provided annually. This application will request funding
Page 16 of 21
Minutes of the Regular Meeting— January 24, 2008
in an amount not to exceed $53,413. The local match will be in kind and is available in
the Police Department general fund budget.
Captain Dougherty also introduced Ms. Michelle Stevens who is the Family Violence
Counselor for the Baytown Police Department and the grant writer for the VOCA grant.
Ms. Stevens administers this grant and is the sole counselor for all family violence cases
referred to her by the Baytown Police Department. Last year there were 144 cases of
domestic violence reported in Baytown and 975 victims received aid from Ms. Stevens
through the assistance of this grant.
Council Member Mahan moved to approve the Resolution 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.
RESOLUTION NO. 1911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE
APPLICATION FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT
GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL
JUSTICE DIVISION FOR THE 2008-2009 PERIOD; AUTHORIZING A CASH
MATCH IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND FOUR
HUNDRED THIRTY-NINE AND NO/100 DOLLARS (SI 1,439.00) AND AN IN-
KIND MATCH NOT TO EXCEED ONE THOUSAND NINE HUNDRED FOURTEEN
AND NO/100 DOLLARS ($1,914.00); DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT
FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
MOTIONS
Consider approval of plans and specifications and authorizing advertisement to take
bids for the construction of the Public Works Maintenance Building Project.
City Manager Brumback explained to Council that they had not seen this item before
because this was an emergency situation. The Public Works storage facility had
deteriorated to such a point that it was a health and safety concern for the employees and
had to be demolished. This item is to approve the plans and specifications and authorize
the advertisement to take bids for the construction of the Public Works Maintenance
Building Project.
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Minutes of the Regular Meeting— January 24, 2008
The building used by multiple public works departments and purchasing to store
materials and supplies needs to be replaced. Plans were prepared to replace the
building with a 60' x 110' x 19' eave height single slope roof metal building with a 20' x
110' canopy on the short side. The interior of the building will be unfinished except for a
20' x 30' area to be used by the traffic department. The existing concrete slab will be re-
used. The estimated construction cost for this project is $200,000.00. The construction
duration is 90 calendar days. This project is funded with CIPF Funds.
Council Member Murray made a motion to approve 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.
REPORTS
Receive and discuss Baytown Area Water Authority Annual Financial Report for
the fiscal year ended September 30, 2007.
Director of Finance, Rhonda Dougherty, explained that the Annual Financial Report for
the Baytown Area Water Authority (BAWA) for the fiscal year ended September 30,
2007, has been prepared and presented to the BAWA Board of Directors at the January
16, 2008 meeting. BAWA is presented in a separate column in the City's Comprehensive
Annual Finance Report to emphasize the legal separation between BAWA and the City of
Baytown. As a result of this presentation, stand-alone BAWA Financial statements are
presented to Council for information purposes.
These items were scheduled to be presented to the Council Finance Subcommittee on
January 23, 2008.
Council received the report.
Receive and discuss the Comprehensive Annual Financial Report and Single Audit
Report for the City of Baytown fiscal year ended September 30, 2007.
Director of Finance, Rhonda Dougherty, explained that the Comprehensive Annual
Financial Report and Single Audit Report for period ended September 30, 2007, was
presented. In accordance with Article II, Section 31 of the Charter, the Finance
Department has prepared the financial statements for the year ended September 30,
2007. These items were scheduled to be presented to the Council Finance Subcommittee
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Minutes of the Regular Meeting— January 24, 2008
on January 23, 2008. Sandersen Knox & Belt, L.L.P., a public accounting firm,
conducted the independent audit.
Council received the report.
Receive quarterly investment report for the period ending December 31, 2007 for
the City of Baytown.
Director of Finance, Rhonda Dougherty, explained that the City of Baytown's Investment
Report for the quarter ending September 30, 2007, was submitted for review in
accordance with the Public Funds Investment Act Section 2256-023 (a) and (b). The
report was scheduled to be reviewed by the Council Finance Subcommittee on January
23, 2008.
For the General Fund, investment revenue totals $240,024, which is 22% of the budget as
compared to 17% for the prior year. Last year's governmental pool investment earnings
were based on interest rates from 5.278% to 5.286% . This year's rates range from
4.557% to 4.928%. Last year's U.S. Agency investment rates range from 2.999% to
5.50%. This year's rates range between 4.070% and 5.625%. New investments are made
at the market rates at the time of purchase.
Council received the report.
Receive quarterly financial reports for the period ending December 31, 2007 for the
City of Baytown.
Director of Finance, Rhonda Dougherty, explained that the City of Baytown's Financial
Report for the quarter ending December 31, 2007, was also submitted for review. The
report was scheduled to be reviewed by the Council Finance Subcommittee on January
23, 2008.
Council received the report.
CONSENT
Council Member Mahan made a motion to approve Consent Items 8.a. through 8.h.
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.
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Minutes of the Regular Meeting— January 24, 2008
Consider proposed Ordinance to approve release of retainage to Dan’s Commercial
Plumbing, LLC. and to accept the 2007 Water Service Relocation Project.
ORDINANCE NO. 10,815
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE 2007 WATER SERVICE RELOCATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR THOUSAND SIX
HUNDRED NINETY-EIGHT AND 37/100 DOLLARS ($4,698.37) TO DAN'S
COMMERCIAL PLUMBING, LLC, FOR SAID PROJECT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider proposed ordinance awarding the annual roll-off container services
contract.
ORDINANCE NO. 10,816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF ARROW WASTE, INC., FOR THE ANNUAL ROLL-OFF
CONTAINER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FORTY-SIX THOUSAND
FIVE HUNDRED EIGHTY AND NO/100 DOLLARS ($146,580.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution accepting a grant from the Texas State Library to
provide funds to maintain, improve and enhance local library services and
authorizing the City Manager to take further action to secure the grant.
RESOLUTION NO. 1912
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE TEXAS STATE
LIBRARY TO PROVIDE FUNDS TO MAINTAIN, IMPROVE AND ENHANCE
LOCAL LIBRARY SERVICES; AUTHORIZING THE CITY MANAGER TO TAKE
FURTHER ACTION TO SECURE THE GRANT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing an Interlocal Participation
Agreement for the Local Government Purchasing Cooperative (referred to as the
BuyBoard).
ORDINANCE NO. 10,817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
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Minutes of the Regular Meeting— January 24, 2008
PARTICIPATION AGREEMENT WITH THE LOCAL GOVERNMENT
PURCHASING COOPERATIVE FOR THE BUYBOARD COOPERATIVE
PURCHASING PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance authorizing the purchase of Lots 8 & 9, Block 3,
Northside Highland Farms, Harris County, Texas.
ORDINANCE NO. 10,818
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PURCHASE OF LOTS 8 & 9, BLOCK 3 NORTHSIDE
HIGHLAND FARMS, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT IN
THE AMOUNT OF TWENTY-SIX THOUSAND SEVEN HUNDRED AND NO/100
DOLLARS ($26,700.00) THEREFOR; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider proposed ordinance authorizing the TXMAS purchase and installation of
carpet for the Sterling Municipal Library.
ORDINANCE NO. 10,819
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY-SEVEN THOUSAND
FOUR HUNDRED SIXTY-FOUR AND 01/100 DOLLARS (5167,464.01) TO
COMMERCIAL MARKETING ASSOCIATES, INC., THOUGH THE STATE
COMPTROLLER OF PUBLIC ACCOUNT'S TEXAS MULTIPLE AWARD
SCHEDULE (TXMAS) FOR THE PURCHASE AND INSTALLATION OF CARPET
FOR THE STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing the purchase of Lots 9 and 10, Block 33,
Busch Terrace, an addition in Harris County, Texas.
ORDINANCE NO. 10,821
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PURCHASE OF LOTS 9 AND 10, BLOCK 33, BUSCH
TERRACE, AN ADDITION IN HARRIS COUNTY, TEXAS; AUTHORIZING
PAYMENT IN THE AMOUNT OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00) THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing a Shared Funding Agreement with
Harris County and Gulf Coast Management, Inc., for the partial reconstruction of
Hunt Road.
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Minutes of the Regular Meeting— January 24, 2008
ORDINANCE NO. 10,820
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A SHARED FUNDING AGREEMENT WITH HARRIS COUNTY
AND GULF COAST MANAGEMENT, INC., FOR THE RECONSTRUCTION OF
APPROXIMATELY 1,100 LINEAR FEET OF HUNT ROAD FROM GARTH ROAD
EASTWARD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
MOUNT NOT TO EXCEED TWENTY-FOUR THOUSAND AND NO/100 DOLLARS
($24,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
APPOINTMENTS
Consider appointment to the Baytown Area Water Authority Board (1).
City Manager Brumback asked Council to disregard this item as after further review the
candidate was not a resident of the City of Baytown and therefore did not meet the
requirements to serve on this board.
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 8:52 p.m.
______________________________
Kelvin Knauf, Interim City Clerk