2008 02 14 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 14, 2008
The City Council of the City of Baytown, Texas met in regular session on February 14, 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 Assistant City Manager
/Interim City Clerk
Mayor DonCarlos called the meeting to order at 6:37 with a quorum present.
MINUTES
Consider Approval of Minutes for the Regular Council Meeting held on January 10, 2008.
Council Member Caskey moved to approve the minutes as submitted. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Caskey, Mahan, Murray and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Employee Recognition for Years of Service
Recognize employees for their dedicated years of service to the City (5, 10, 15, 20, 25, and 30+
years). City Manager Brumback announced that the following employees had received services
awards:
Chad McLeod 5 year award
Gaston Gagne 15 year award
Bruce Fanestiel 15 year award
Michael Wooster 15 year award
Mr. Wooster was present to accept his award.
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Minutes of the Regular Meeting—February 14, 2008
Mayor DonCarlos asked to consider items 4b (Resolution Opposing Additional LIHTC Units)
and 4c (Lakewood Vista Housing Project) out of order and to consider the Lakewood Vista
Housing Project item first. Council Member Sheley moved that items 4b and 4c be taken out of
order. Council Member Capetillo seconded the motion. The motion is as follows:
Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Lakewood Vista Housing Project
Consider Proposed Resolution approving the Lakewood Vista Housing Project and supporting the
award of housing tax credits for such project. City Manager Brumback gave an overview of low
income housing in the City and stated that the proposal is not appropriate or the best use of the
property. Mr. Brumback recommended denial of the request and asked Mr. Chris Presley to
explain the proposal. Mr. Presley gave a lengthy presentation on his proposal to develop the
Lakewood Vista Housing Project, which will be a development of approximately 24 single-
family, 4 bedroom residential units located at 7900 Block of Bayway Drive in Baytown, Texas.
Mr. Presley is pursuing a low income housing tax credit (“LIHTC”) from the Texas Department
of Housing and Community Affairs (“TDHCA”) to assist with financing the project. Under
TDHCA rules in the 2008 Qualified Allocation Plan and Rules (“QAP”), if the development is
located in a municipality that has more than twice the State average of units per capita supported
by LIHTC or private activity bonds, the applicant must obtain prior approval of the development
from the governmental body of the municipality.
Mr. Presley called on Judy McCormey, Mr. Charles Johnson, and Ms. Clair Sinclair to make
remarks supporting the need for the project. The City Council engaged in a lengthy discussion
concerning the merits of Mr. Presley’s proposal. Mayor DonCarlos stated that the Wyndam
Apartments had originally requested support as a low-income housing project and was turned
down; the developer then came back with a senior housing project, which was approved. Council
Member Capetillo asked Mr. Presley why he didn’t present the statistics on low income housing
in Baytown when he proposed the Villas of Goose Creek project. Council Member Yepez asked
if the community needs the social services stated by Mr. Presley, why he didn’t include a social
service building in the proposed project. Council Member Mahan asked if the units would be
individually metered. Council Member Sheley asked if there would be a part-time person
available on the property to manage the property. Mr. Presley offered to carve out a parcel of
land for office use and that staff would be on the premises part-time but would be available full-
time.
After additional City Council comments, the Mayor called upon citizens who had signed up to
speak on the item. Judy DuBose of 186 N. Reforma encouraged the City Council to vote for
limiting low-income housing. Robert Goolsby of 202 Tanglewood stated that the City is stretched
thin for peace officers and asked questions of Mr. Presley. Peter Cushman of 417 N. Burney
asked the City Council to consider the potential impact of the project on property owners in the
area. Teri Presley of 3609 LaReforma, Marcie Bearden of 4810 Barkuloo, and Sabrina Frazir of
4003 Stoney Brook all asked that their time be given to Chris Presley. Calvin Mundinger of 411
Burnett Drive stated that other area municipalities have passed regulations and ordinances
opposing low-income housing and that the Council has not shown preferential treatment to
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Minutes of the Regular Meeting—February 14, 2008
anyone. Chris Presley stated that if he went too far in offending the Council, then he apologized.
Paul Tutsworth yielded his time to Judy DuBose. Ms. DuBose stated she is concerned about
economic development and wants the City to improve its image. Gloria Bashrum of 8102
Bayside stated she had no comment, that her question had been answered. Bob Hoskins,
President of the GCCISD School Board, stated that low-income housing had a big impact on the
school district and housing needs to be at a different market level (than what is proposed by Mr.
Presley). Mr. Hoskins stated that teachers have 40-60% students who are mobile, which affects
the TAKS score and that outside students are usually two years behind Baytown students and
have to be brought up to Baytown standards. Mayor DonCarlos called for a motion.
Council Member Sheley moved that the resolution be approved. The motion died for lack of a
second.
Opposing Additional LIHTC Units
Consider Proposed Resolution opposing any additional low income housing tax credit units
associated with the Texas Department of Housing and Community Affairs- Low Income Housing
Tax Credit Program. City Manager Brumback summarized the proposed resolution and
recommended approval. The Proposed Resolution opposes any additional low income housing
tax credit units associated with the Texas Department of Housing and Community Affairs’
(“TDHCA”) Low Income Housing Tax Credit Program. In order for an applicant to receive low
income housing tax credits (“LIHTC”) from TDHCA to assist development of new rental units,
the City of Baytown must approve the same. The need for this approval is due to the fact that the
City has more than twice the State average of units per capita supported by LIHTC or private
activity bonds. Currently, the City of Baytown has even more than the state’s reported 2.49 units
per capita, for the reported number of units excludes the Wyndham Park Senior Housing
Development, a 184-unit senior development located on Rollingbrook Drive.
The City has been notified of two new LIHTC unit developments seeking financing under the
2008 Qualified Allocation Plan and Rules. If those are approved, it would further increase the
City’s LIHTC units per capita due to the addition of 119 one- and/or two-bedroom and 24 four-
bedroom low-income units.
The 2005 Consolidated Plan specifies the need for additional sound affordable housing.
Furthermore, the Consolidated Plan asserts the City will work with LIHTC applicants to facilitate
the State’s approval of affordable housing. In the past three years, the City has adhered to that
commitment by supporting five new LIHTC developments and adding 792 more affordable rental
units. There has also been an increase of 262 Section 8 Rental Vouchers and otherwise subsidized
units within the City. Including Wyndham Park, there are 1,530 LIHTC units approved in the
Baytown area. Baytown is also home to 209 public housing units, 727 Section 8 Rental Vouchers,
and at least 273 otherwise subsidized rental units. Out of the 8,531 available licensed multi-
family rental units, approximately 30% of the units are geared to accommodate low-income
persons. This does not include the number of units that are market rate developments, but
advertise below-market rents or units subsidized by other sources. With pending LIHTC units and
potential upgrading of existing rental complexes through the multi-family ordinance, city staff
recommended that no new LIHTC unit developments be approved by the City.
This suspension of approval will allow the time necessary for the current LIHTC units recently
approved to come on-line and become reasonably occupied so that the City can better assess the
need for future LIHTC units.
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Minutes of the Regular Meeting—February 14, 2008
Council Member Murray moved to adopt the resolution. Council Member Mahan seconded the
motion. The vote was as follows:
Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1913
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
OPPOSING ANY ADDITIONAL LOW INCOME HOUSING TAX CREDIT UNITS
ASSOCIATED WITH THE LOW INCOME HOUSING TAX CREDIT PROGRAM OF THE
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
The City Council then returned to the regular agenda order.
PROPOSED ORDINANCES
First Reading - 4.88 Acre Annexation at 5123 Garth Road
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 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 Clerk's File No. F793461,
and being 7.30 acres. City Manager Brumback gave a brief summary of the annexation request.
Council Member Mahan moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Yepez
Mayor DonCarlos
Nays: None
Absent: Council Members Murray and Sheley had temporarily left the room.
The motion carried.
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Minutes of the Regular Meeting—February 14, 2008
ORDINANCE NO. 10,822
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 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 CLERK'S FILE NO. F793461, AND BEING 7.30 ACRES; WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS
FOR THE CITY OF BAYTOWN, TEXAS.
Second Reading - 28.79 Acres Annexation
Consider Proposed Ordinance for the second reading of the Ordinance annexing property
currently within the extra-territorial jurisdiction of the City of Baytown and being described as a
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
summarized the proposed annexation and recommended approval.
Council Member Mahan moved that the ordinance be adopted. Council Member Caskey
seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Yepez
Mayor DonCarlos
Nays: None
Absent: Council Members Murray and Sheley had temporarily left the room.
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 (1,253,950 SQUARE FEET) TRACT OF LAND IN THE NATHANIEL
LYNCH SURVEY, ABSTRACT NO. 44, HARRIS COUNTY, TEXAS, AND BEING THE
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Minutes of the Regular Meeting—February 14, 2008
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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE
PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Placing 28.79 - Acre Annexation into Council District No. 3
Consider Proposed Ordinance placing the property annexed into the City of Baytown in the
previous agenda item 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, in Council District 3.
Council Member Capetillo moved that the ordinance be adopted as submitted. Council Member
Caskey seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,823
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING 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 TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Second Reading - 2.966 Acre Annexation
Consider Proposed Ordinance for the second reading of the Ordinance annexing property
currently within the extra-territorial jurisdiction of the City of Baytown and being described as a
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 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 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 gave a brief summary of the annexation
proposal.
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Minutes of the Regular Meeting—February 14, 2008
Council Member Murray moved that the ordinance be adopted as submitted. Council Member
Mahan seconded the motion. The vote was as follows:
Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez
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 (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 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 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.
Placing 2.966 - Acre Annexation into Council District 4.
Consider Proposed Ordinance placing the property annexed into the City of Baytown in the
previous agenda item 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 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 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, in Council District 4.
Council Member Murray moved that the ordinance be adopted as submitted. Council Member
Mahan seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Meeting—February 14, 2008
ORDINANCE NO. 10,824
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING 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 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 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, TO
COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Collection of Brush from Residences
Consider Proposed Ordinance amending Chapter 86 “Solid Waste,” Article III “Commercial
Solid Waste,” Division 1 “Generally,” Section 86-132 “Refuse” of the Code of Ordinances,
Baytown, Texas, to remove the prohibition of setting out brush for the city’s collection at
residence if the brush was the result of the work of a commercial tree trimmer. City Manager
Brumback summarized the proposed ordinance. The proposed ordinance removes the prohibition
of setting out brush on the curb if the cutting was done by a commercial tree-trimmers. The
proposed ordinance will increase the cost to the City of removing brush and will affect citizens
since the brush can set bet out before the regular pick-up cycle. Mayor DonCarlos suggested
sending a notice to commercial tree trimmers about the new ordinance. Council Member Murray
stated that the public needs to be educated about the high cost charged by tree trimmers.
Council Member Capetillo moved to adopt the ordinance. Council Member Murray seconded the
motion. The vote was as follows:
Ayes: Council Members Caskey: Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,825
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 86 “SOLID WASTE,” ARTICLE III “COMMERCIAL SOLID
WASTE,” DIVISION 1 “GENERALLY,” SECTION 86-132 “REFUSE” OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE THE PROHIBITION
OF SETTING OUT BRUSH FOR THE CITY’S COLLECTION AT A RESIDENCE IF
THE BRUSH WAS THE RESULT OF THE WORK OF A COMMERCIAL TREE
TRIMMER; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
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Minutes of the Regular Meeting—February 14, 2008
NO/100 DOLLARS ($500.00) AND PROVIDING FOR THE PUBLICATION AND
THE EFFECTIVE DATE THEREOF.
Award bid for Texas Avenue/Oak Tree Median & Paving Project Construction
Contract
Consider the ordinance awarding the Texas Avenue/Oak Tree Median & Paving Project
construction contract. City Manager Brumback summarized the bids and the work to be
performed. Three bids were received for the Texas Avenue/Oak Tree Median & Paving Project.
The low bidder is Total Site Construction in the amount of $299,653.35. This project will
remove and replace the paving around the Oak Tree on Texas Avenue, following the process and
procedures outlined by the Urban Forester hired by the City. The project will include drainage
repairs to the line crossing Texas Avenue and the installation of conduit for future water and
power to the Oak Tree median. This project should be completed during the dormant season for
the tree to reduce the possibility of harming the tree. The Urban Forester will also inspect the
work by the contractor to assure that proper precautions are being taken. This project is funded
by the Street Maintenance Sales Tax and Capital Drainage funds. Council Member Mahan stated
that he would be voting against the proposed ordinance.
Council Member Sheley moved that the ordinance be adopted awarding the bid to Total Site
Construction in the amount of $299,653.35. Council Member Caskey seconded the motion. The
vote was as follows:
Ayes: Council Members Caskey, Capetillo, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: Council Member Mahan
The motion carried.
ORDINANCE NO. 10,826
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TOTAL SITE, INC.,
FOR THE TEXAS AVENUE/OAK TREE MEDIAN AND PAVING PROJECT;
AUTHORIZING PAYMENT OF A SUM OF TWO HUNDRED NINETY-NINE
THOUSAND SIX HUNDRED FIFTY-THREE AND 35/100 DOLLARS ($299,653.35);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Amendment to Municipal Maintenance Agreement with TxDOT for Red Light Camera
Equipment
Consider Proposed Ordinance approving an amendment to Municipal Maintenance Agreement
with the Texas Department of Transportation for the furnishing, installing, operation and
maintenance of cameras on State highway rights-of-way to monitor compliance with traffic-
control signals. City Manager Brumback reviewed the proposed amendment and recommended
approval. The Proposed Ordinance approves an amendment to Municipal Maintenance
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Minutes of the Regular Meeting—February 14, 2008
Agreement with the Texas Department of Transportation for the furnishing, installing, operation
and maintenance of cameras on State highway rights-of-way to monitor compliance with traffic-
control signals. On December 13, 2007, the City Council designated intersections for the
installation of the equipment necessary to implement the City’s Photographic Traffic Signal
Enforcement System Program.
Of the 10 intersections chosen, the following intersections are within the State’s right-of-way:
1. Southbound Hwy. 146 at N. Alexander Dr. (near Ferry Road)
2. Southbound Garth Rd. at Hwy. 146
3. Northbound Garth Rd. at I-10
4. Southbound Garth Rd. at I-10
5. Southbound Business 146 at Wyoming St.
6. Northbound North Alexander at Hwy. 146
The proposed amendment allows the City to place the equipment in the State’s right-of-way and
sets forth the conditions of the installation, operation and maintenance of such equipment. There
are no fees charged by the State for this amendment. Council Member Murray moved that the
ordinance be adopted. Council Member Capetillo seconded the motion.
The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,827
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
MUNICIPAL MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS THROUGH
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING,
INSTALLING, OPERATION, AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY
RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC CONTROL SIGNALS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Approve HGAC Intergovernmental Agreement
Consider Proposed Ordinance authorizing an Interlocal Agreement with the Houston-Galveston
Area Council for the City to provide regional law enforcement training at the Baytown Police
Department's Training Academy facilities. City Manager Brumback summarized the proposed
agreement and recommended approval. The Proposed Ordinance authorizes an Interlocal
Agreement with the Houston-Galveston Area Council for the City to provide regional law
enforcement training at the Baytown Police Department's Training Academy facilities. H-GAC
will pay the City of Baytown from State or Federal funds for such training. This is the second
year the City has entered into this agreement.
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Minutes of the Regular Meeting—February 14, 2008
Council Member Caskey moved that the ordinance be adopted. Council Member Mahan
seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,828
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE HOUSTON-GALVESTON AREA COUNCIL TO PROVIDE REGIONAL LAW
ENFORCEMENT TRAINING AT THE BAYTOWN POLICE ACADEMY; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Attendance Policy for Various Boards and Commissions of the City
Consider Proposed Ordinance amending Chapter 2 “Administration,” Article IV “Boards and
Commissions,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, by adding a
new section to be numbered and entitled Section 2-256 “Attendance by board members at
meetings” to standardize absence policies of the various boards and commissions of the City. City
Manager Brumback reviewed the proposed ordinance and recommended approval. The proposed
ordinance amends Chapter 2 “Administration,” Article IV “Boards and Commissions,” Division 1
“Generally” of the Code of Ordinances, Baytown, Texas, by adding a new section to be numbered
and entitled Section 2-256 “Attendance by board members at meetings” to standardize absence
policies of the various boards and commissions of the City. Specifically, the ordinance provides
that members of the various boards, commissions, committees, and task forces are allowed the
following absences during a 12-month period:
Number of Meetings of the Board Number of Allowable Meeting
per Month Absences
1 4
<1 3
>1 5
Absences in excess of the number stated above may result in removal from the board,
commission, committee or task force of the City by the City Manager upon confirmation of the
Mayor. Currently, written absence requirements of the boards and commissions are varied with
some not having any requirements at all. This proposed ordinance enforces the expectation of the
City Council when appointing persons to boards and commissions of the City -- namely that they
arrange their schedules to make most, if not all, of the scheduled meetings. The proposed
ordinance also directs the Interim City Clerk to send this ordinance to the MDD, the CCPD, the
FCPEMSD, and BAWA to encourage them to adopt similar policies.
Council Member Capetillo moved that the ordinance be adopted. Council Member Mahan
seconded the motion. The vote was as follows:
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Minutes of the Regular Meeting—February 14, 2008
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,829
AN ORDINANCE FO THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 2 “ADMINISTRATION,” ARTICLE IV “BOARDS AND
COMMISSIONS,” DIVISION 1 “GENERALLY” OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND
ENTITLED SECTION 2-256 “ATTENDANCE BY BOARD MEMBERS AT MEETINGS” TO
STANDARDIZE ABSENCE POLICIES OF THE VARIOUS BOARDS AND COMMISSIONS
OF THE CITY; REPEALING CHAPTER 2 “ADMINISTRATION,” ARTICLE IV “BOARDS
AND COMMISSIONS,” DIVISION 2 “PARKS AND RECREATION BOARD,” SECTION 2-
284 “ATTENDANCE AT MEETINGS”; DIVISION 3 “PLANNING AND ZONING
COMMISSION,” SECTION 2-324 “ATTENDANCE AT MEETINGS”; DIVISION 5
“COMMUNITY DEVELOPMENT ADVISORY COMMITTEE,” SECTION 2-389
“ATTENDANCE AT MEETINGS”; DIVISION 10 “BOARD OF ADJUSTMENT,” SECTION
2-546 “ATTENDANCE AT MEETINGS”; DIVISION 11 “BEAUTIFICATION ADVISORY
COMMISSION,” SECTION 2-565 “ATTENDANCE AT MEETINGS”; AND DIVISION 12
“YOUTH ADVISORY COMMISSION,” SECTION 2-575 “ATTENDANCE AT MEETINGS”;
DIVISION 13 “”REDEVELOPMENT ADVISORY TASK FORCE,” SECTION 2-585
“ATTENDANCE AT MEETINGS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO DELETE CONTRARY PROVISIONS; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
PROPOSED RESOLUTIONS
Consider Moving the Regular Meeting date on May 22, 2008 to May 20, 2008.
Consider a proposed resolution moving the regularly scheduled meeting for May 22, 2008 to May
20, 2008. City Manager Brumback called on Assistant City Manager Kelvin Knauf to summarize
the proposed resolution. Mr. Knauf stated that the second meeting in May is currently scheduled
for May 22, 2008. The last day to canvass the votes is May 21, 2008. The staff selected May
20 because after the election, there are deadlines that must be considered prior to the canvass,
such as May 15, which is the last day to receive a military mail ballot. Therefore, to avoid having
two City Council meetings in the same week, the staff recommends that the regularly scheduled
meeting on May 22 be moved to May 20. Mayor DonCarlos stated he had a conflict with the
thth
May 20 date and asked that the meeting be moved to May 19.
Council Member Murray moved that the resolution be adopted with the meeting date being May
thnd
19 instead of May 22. Council Member Caskey seconded the motion. The vote was as
follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
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Minutes of the Regular Meeting—February 14, 2008
Nays: None
The motion carried.
RESOLUTION NO. 1914
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON MAY 22, 2008 AT
6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING
A SPECIAL COUNCIL MEETING TO BE HELD ON MAY 19, 2008, AT 6:30 P.M. IN THE
COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Approval of Work Order #8 for Mill and Overlay
Consider approval of a resolution approving the list of streets for the Street Maintenance Sales
Tax Mill and Overly Program, Work Order Eight. City Manager Brumback summarized the
proposal. This resolution approves the list of streets for the Street Maintenance Sales Tax Mill
and Overlay Program, Work Order Eight. The work will be performed under the annual street
repair contract with Angel Brothers, Inc., through an interlocal agreement with Harris County and
through a future contract for chip seal/slurry seal. There is approximately $850,000 available in
Street maintenance Sales Tax funds for Work Order #8. Due to the length and width of some
eligible thoroughfares, it is difficult to execute efficient contracts under a district-allocation
system. It is recommended that this work order focus on thoroughfares and also include a pilot
project to test the use of chip seal/slurry seal as an alternative to crack sealing on certain
roadways.
The following segments totaling 3 miles are recommended for Work Order #8:
West Main from Lee Drive to South Main
Crosby-Cedar Bayou from Massey-Tompkins to the north city limits
Crosby-Cedar Bayou from North Alexander to Highway 146
South Alexander: From South Main to Business 146
North Pruett from Highway 146 to Schilling
North Pruett from West Lobit to Sterling
McKinney Road from Highway 146 to Massey-Tompkins Road
The City Council engaged in a discussion about chip sealing the streets. Mr. Leiper stated that
the chip seal is a pilot program included in the bids but that specific streets had not yet been
identified.
Council Member Caskey moved that the resolution be adopted. Council Member Yepez
seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Meeting—February 14, 2008
RESOLUTION NO. 1915
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SELECTING STREETS TO BE MILLED AND OVERLAID UNDER WORK ORDER NO. 8
OF THE STREET MAINTENANCE SALES TAX MILL AND OVERLAY PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
CONSENT
Council Member Sheley moved that the consent agenda be adopted. Council Member Caskey
seconded the motion. The vote was as follows:
Ayes: Council Members Caskey:, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Consider approval of an interlocal agreement with the Baytown Municipal Development
District to fund the construction of park connector sidewalks linking Parkwood and Bayou
Oaks Estates subdivisions with J. C. Holloway Park.
ORDINANCE NO. 10,830
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 THE CONSTRUCTION OF THE PARK CONNECTOR SIDEWALKS ON THE WEST
SIDE OF RACCOON DRIVE LINKING PARKWOOD AND BAYOU OAKS ESTATES
SUBDIVISIONS WITH J.C. HOLLOWAY PARK; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance authorizing an Industrial District Agreement with Exel, Inc.
ORDINANCE NO. 10,831
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST
TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EXEL, INC.; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing an Industrial District Agreement with Home
Depot U.S.A., Inc.
ORDINANCE NO. 10,832
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST
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Minutes of the Regular Meeting—February 14, 2008
TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HOME DEPOT, U.S.A., INC.; AND
PROVIDING FOR THE EFFECTIVE DATE THEROF.
Consider Proposed Ordinance placing the properties annexed into the City of Baytown for
limited purposes and being described as Hunters Chase Section One, Reserve A; Hunters
Chase Section One, Reserve B; Country Meadows Section One, Reserve A; Country
Meadows Section Five, Reserve B; Country Meadows Section Five, Reserve C; Pine
Meadows Section One, Reserve A; and Pine Meadows Section One, Reserve B, located east
of State Highway 146 and south of Interstate Highway No. 10, Chambers County, Texas,
into Council District No. 5; and placing the properties annexed into the City of Baytown for
limited purposes and being described as a 43.8056 acre tract of land located east of Spring
Gully and north of Interstate Highway No. 10 in Harris County, Texas, into Council District
No. 3.
ORDINANCE NO. 10,833
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING THE PROPERTIES ANNEXED INTO THE CITY OF BBAYTOWN FOR LIMITED
PURPOSES AND BEING DESCRIBED AS HUNTERS CHASE SECTION ONE, RESERVE
A; HUNTERS CHASE SECTION ONE, RESERVE B; COUNTRY MEADOWS SECTION
ONE, RESERVE A; COUNTRY MEADOWS SECTION FIVE, RESERVE B; COUNTRY
MEADOWS SECTION FIVE, RESERVE C; PINE MEADOWS SECTION ONE, RESERVE A;
AND PINE MEADOWS SECTION ONE, RESERVE B, LOCATED EAST OF STATE
HIGHWAY 146 AND SOUTH OF INTERSTATE HIGHWAY NO. 10, CHAMBERS
COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; AND ADDING THE PROPERTIES
ANNEXED INTO THE CITY OF BAYTOWN FOR LIMITED PURPOSES AND BEING
DESCRIBED AS A 43.8056 ACRE TRACT OF LAND LOCATED EAST OF SPRING GULLY
AND NORTH OF INTERSTATE HIGHWAY NO. 10 IN HARRIS COUNTY, TEXAS, TO
COUNCIL DISTRICT NO. 3.; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Consider proposed ordinance awarding the third renewal of the annual janitorial cleaning
services contract.
ORDINANCE NO. 10,834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF J.R.R. SERVICE CLEANING FOR THE ANNUAL
JANITORIAL CLEANING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF SEVENTY-FOUR THOUSAND ONE HUNDRED
SEVENTY-SIX AND 92/100 DOLLARS ($74,176.92); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider proposed ordinance awarding the second renewal of the annual mowing, edging
and trimming services contract.
ORDINANCE NO. 10,835
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF GRANT SMITH MOWING AND TRUGREEN
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Minutes of the Regular Meeting—February 14, 2008
LANDCARE FOR THE ANNUAL MOWING, EDGING AND TRIMMING SERVICES
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM
OF ONE HUNDRED NINETY-SIX THOUSAND FOUR AND 27/100 ($196,004.27);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving an interlocal agreement with the Baytown
Municipal Development District for land acquisition for new thoroughfares.
ORDINANCE NO. 10,836
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 LAND ACQUISITION FOR NEW THOROUGHFARES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution appointing the election officials for the May 10, 2008, general
and special elections.
RESOLUTION NO. 1916
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
NAMING THE ELECTION OFFICIALS AND THE ALTERNATE PRESIDING JUDGE FOR
THE CENTRAL COUNTING STATION FOR THE GENERAL AND SPECIAL ELECTIONS
OF THE CITY OF BAYTOWN, TEXAS, TO BE HELD ON MAY 10, 2008; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
APPOINTMENTS
Confirmation of Appointment of the Director of Planning & Development Services
Consider confirmation of appointment of the Director of Planning & Development Services. City
Manager Brumback stated that Ms. Kay “Kelly” Carpenter of El Paso had accepted a job offer as
Director of Planning and Development Services and asked the City Council to confirm the
appointment.
Council Member Mahan moved that Ms. Carpenter be confirmed. Council Member Caskey
seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Confirmation of Appointments to the Citizen's Bond Advisory Committee.
Page 17 of 18
Minutes of the Regular Meeting—February 14, 2008
Consider confirmation of the appointments to the Citizen's Bond Advisory Committee for the
2007 General Obligation Bond program.
Council Member Murray moved that the appointments to the Citizen’s Bond Advisory
Committee for the 2007 General Obligation Bond program be confirmed. Council Member
Caskey seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
EXECUTIVE SESSION
Public notice is given that the City Council may elect to go into executive session at any time
during the meeting in order to discuss any matters listed on the agenda when authorized by
the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and
that the City Council specifically expects to go into executive session on the matters
enumerated hereinbelow, if any. In the event the Council elects to go into executive session
regarding an agenda item, the section or sections of the Open Meetings Act authorizing the
executive session will be publicly announced by the presiding officer.
No executive session was held.
MANAGER'S REPORT
Update on Lakeview Terrace Apartments.
City Manager Brumback gave an update on the demolition work at Lakeview Terrace Apartments
and showed pictures of the demolition.
Report on 2001 and 2101 West Texas Avenue.
City Manager Brumback gave an update on the property at 2001 and 2101 West Texas Avenue.
City Council Visioning Retreat.
City Manager Brumback reminded City Council of the Visioning Retreat scheduled for March 1,
2008.
City Manager Brumback informed the City Council that the City had begun taking credit cards at
the Utility Billing Office. MasterCard, Visa and Discover cards are being accepted.
City Manager Brumback also informed the City Council that the City of Baytown had received a
Gold Award at the recent United Way celebration.
ADJOURN
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Minutes of the Regular Meeting—February 14, 2008
Council Member Mahan moved that the meeting be adjourned. Council Member Caskey
seconded the motion. The vote was as follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried and the meeting adjourned at 9:15 p.m.
________________________________
Kelvin Knauf, Interim City Clerk