2008 03 27 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 27, 2008
The City Council of the City of Baytown, Texas met in regular session on March 27, 2008 at 6:30
p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Lena Yepez Council Member
Brandon Capetillo Council Member
Don Murray Council Member
Sammy Mahan Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper Deputy City Manager
Ignacio Ramirez City Attorney
Kelvin Knauf Assistant City Manager
/Interim City Clerk
Council Member Lynn Caskey was absent. City Manager Brumback was absent.
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council
Member Murray led the Pledge of Allegiance and prayer.
MINUTES
Consider Approval of Minutes of the March 13, 2008 Regular Meeting and the March 13,
2008 Work Session.
Council Member Mahan moved that the minutes for the March 13, 2008 regular meeting and the
March 13, 2008 work session be approved. Council Member Capetillo seconded the motion. The
vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
Abstentions: Council Member Yepez
The motion carried.
RECOGNITIONS AND CITIZENS COMMUNICATIONS
Consider accepting a donation from ExxonMobil in the amount of $22,500 for the Library.
Connie Tilton of ExxonMobil Corporation presented the Mayor with a check in the amount of
$22,500. Mayor DonCarlos thanked ExxonMobil for their contribution. Council Member Sheley
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Minutes of the Regular Meeting—March 27, 2008
moved that the resolution accepting the donation be approved. Council Member Capetillo
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Sheley and Yepez
Mayor DonCarlos
Nays: None
Abstentions: Council Member Murray (conflict of interest form on file)
The motion carried.
Mayor DonCarlos then introduced Cherie Laughlin and Jim Newport from Bayer Corporation.
Bayer presented a check to the city in the amount of $107,500.00 for the purchase of about 20,000
recycling bins. Mr. Newport said his company supports recycling and Bayer is glad to buy the
bins for recycling. Bayer Corporation also presented a check to the Mayor in the amount of
$5,000.00 for the Mayor’s Summer Youth Employment Program. Mayor DonCarlos talked
briefly about the summer youth employment program to employ at-risk youths in job in City
departments. The youths learn job search skills and employment skills. Mayor DonCarlos
thanked the businesses that participated in last year’s program and are participating in this year’s
program.
RESOLUTION NO. 1920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING A CONTRIBUTION FROM EXXONMOBIL CORPORATION IN THE
AMOUNT OF TWENTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($22,500.00) SUPPORTING THE CHILDREN, LITERACY, READING AND CULTURAL
ENRIGHMENT PROGRAMS OF THE STERLING MUNICIPAL LIBRARY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Receive a presentation concerning Trash Bash at the Baytown Nature Center.
Mayor DonCarlos introduced Martha Goolsby with the Port of Houston Authority. She extended
th
an invitation to the Council to attend the Trash Bash set for Saturday, March 29 at the Baytown
Nature Center.
Recognize and receive GFOA’s Distinguished Budget Presentation Award for the Fiscal
Year 2007-08 Budget Document.
Mayor DonCarlos introduced Rhonda Daugherty, Finance Director. Rhonda Daugherty presented
the Mayor with the GFOA Distinguished Budget Presentation Award, which the City has received
th
for the 14 consecutive year. She recognized Renea Dobbs and Teri Roche and thanked the
Council for their support. Mayor DonCarlos thanked the Finance Department for their work and
achieving the award for 14 years in a row.
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Minutes of the Regular Meeting—March 27, 2008
PUBLIC HEARINGS
Conduct a public hearing regarding the removal of the PUD designation and a proposed
zoning amendment on Thompson Road.
Conduct a public hearing regarding the application of the City Manager for a zoning amendment
and removal of a Planned Unit Development Overlay District for property legally described as
TRS 1F-3A, 1F-4, 1F-5, 1F-6, 1F7, 1F-9, 1F-10, 1F-11 1F-12, 1F13, 1F19& 1F-20, Abstract 44,
N Lynch, TRS 2, 2B,2C, 3, BLK 2, TRS 20, 20B-1,BLK 20, TR 23 BLK 23 Elena Fruit & Cotton
Farm, Baytown, Harris County, Texas.
Mayor DonCarlos opened the public hearing at 6:45. He asked Deputy City Manager Bob Leiper
to summarize the subject of the public hearing. The City Manager has requested a zoning
amendment and removal of a Planned Unit Development Overlay District for property legally
described as TRS 1F-3A, 1F-4, 1F-5, 1F-6, 1F7, 1F-9, 1F-10, 1F-11 1F-12, 1F13, 1F19& 1F-20,
Abstract 44, N Lynch, TRS 2, 2B,2C, 3, BLK 2, TRS 20, 20B-1,BLK 20, TR 23 BLK 23 Elena
Fruit & Cotton Farm, Baytown, Harris County, Texas. The subject property is located south of
Interstate 10, east and west of Thompson Road, Baytown, Texas. The zoning amendment
application is to (i) remove an overlay district for the subject property, which allows a minimum
lot size of 4400 square feet for single-family detached dwelling units with a minimum width of
40’ and a minimum lot size of 2,000 square feet for attached single-family dwelling units. and (ii)
to reclassify the subject property from Neighborhood Conservation (NC) and Urban
Neighborhood (UN) to Light Industrial (LI). The Planning and Zoning Commission met on March
19, 2008 and voted to recommend approval of the removal of the PUD and to reclassify subject
property from NC and UN to LI.
The previous PUD proved to not be financially feasible and the property has been zoned to a new
owner. All the property will be zoned Light Industrial. A brief discussion and questions followed
Mr. Leiper’s summary. Mayor DonCarlos called on Chris Presley, who had signed up to speak on
the item. Mr. Presley spoke in support of the re-zoning and pointed out that he was not allowed to
develop a PUD in 2004. Mayor DonCarlos called on Mitchell Pearce who had signed up to speak.
He stated we need change but need a more comprehensive look at zoning and make long term
decisions about the ability to change the zoning ordinance. He urged Council to table or amend
certain phases of the development and not zone the entire property as Light Industrial. Mayor
DonCarlos asked about zoning change procedure. Deputy City Manager Leiper stated that any
action by City Council requires public involvement (through public hearings). Mayor DonCarlos
stated he wanted to reassure the public that there would be lots of public input on re-zoning.
There being no further discussion, Mayor DonCarlos closed the public hearing at 7:15 p.m.
Conduct a public hearing concerning a proposed zoning amendment at 5123 Garth Road.
Mayor DonCarlos opened the public hearing at 7:15 p.m. Deputy City Manager Bob Leiper
summarized the agenda item. Staff received a request from L.W. Doyle for a zoning amendment
to reclassify 5123 Garth Road, legally described as One Hundred–forty, Unit “D”, Elena Fruit and
Cotton Farms a subdivision out of the Washington County Railroad Survey, Baytown Harris
County, Texas from Neighborhood Conservation District to Mixed Use District. The property has
been recently annexed into the city limits and will be developed with retail and restaurants.
There being no discussion or persons signed up to speak on the item, Mayor DonCarlos closed the
public hearing at 7:17 p.m.
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Minutes of the Regular Meeting—March 27, 2008
PROPOSED ORDINANCES
Consider the second reading for a 4.88 acre annexation at 5123 Garth Road.
Deputy City Manager Bob Leiper summarized the agenda item. The proposed ordinance is the
second 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 Clerks File No. F793461, and being 7.30 acres.
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. City Council conducted the first and second public
hearings for this annexation on the 24th day of January, 2008 with said notice being published in
the January 14, 2008 issue of the Baytown Sun and posted on the City of Baytown’s website on
January 14, 2008.
Council Member Capetillo moved that the ordinance be adopted. Council Member Mahan
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Consider placing the annexation of a 4.88 acre tract at 51233 Garth Road in Council District
3.
The proposed ordinance places the property annexed into the City of Baytown in the previous
agenda item 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 Clerks File No. F793461, and being 7.30 acres in Council District 3.
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Minutes of the Regular Meeting—March 27, 2008
Council Member Capetillo moved that the ordinance be adopted. Council Member Murray
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Consider amending the zoning designation for 5123 Garth Road.
Council Member Capetillo moved that the ordinance be adopted. Council Member Murray
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO
RECLASSIFY THE PROPERTY LOCATED AT 5123 FARTH ROAD AND LEGALLY
DESCRIBED AS TRACT “I” AND TRACT “M,” BLOCK ONE HUNDRED FORTY, UNIT
“D”, ELENA FRUIT AND COTTON FARMS, A SUBDIVISION OUT OF THE
WASHINGTON COUNTY RAILROAD SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS,
FROM NEIGHBORHOOD CONSERVATION TO MIXED USE; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBICATION AND EFFECTIVE DATE THEREOF.
Consider removing the PUD overlay district and amending the zoning designation on
Thompson Road.
Mayor DonCarlos introduced the item and asked Deputy City Manager Bob Leiper to summarize
the item. The proposed ordinance amends the official zoning map of the City of Baytown
concerning certain tracts of land located south of Interstate 10 and adjacent to Thompson Road on
the east and the west to remove the Planned Unit Development ("PUD") Overlay District and to
change the zoning district classifications from Neighborhood Conservation and Urban
Neighborhood Districts to a Light Industrial District, and repeals Section 4 of Ordinance No.
10,338 to rescind the variances therein granted to the minimum lot size requirements. The City
Manager has requested a zoning amendment and removal of a PUD Overlay District for this
property. Should the property be reclassified as Light Industrial neither the overlay district nor the
variances granted to the minimum lot size are necessary or appropriate. The Planning and Zoning
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Minutes of the Regular Meeting—March 27, 2008
Commission met on March 19, 2008 and voted to recommend approval of the removal of the PUD
and to reclassify subject property from NC and UN to LI.
Mayor DonCarlos called on Chris Presley who had signed up to address the item. He spoke about
the close proximity to truck stops and the railroad tracks and incompatibility with surrounding
uses. Mayor DonCarlos asked the developers to describe their proposed project. The developers
explained that they have agreed through deed restrictions and covenants restricting truck bays
from facing the arterial streets and highways. Mayor DonCarlos said we wanted their best work in
the city. Council Member Capetillo asked about the timetable for development. The developers
responded that they are hopeful within nine months to do the site work and vertical construction
with total build out in five years, which is an aggressive schedule. Council Member Murray asked
about the traffic flow and if the arterials can handle the traffic. The developers responded that
their improvements to Thompson Road will help traffic in the area. Council Member Mahan said
it would be easy in and easy out of the area. Council Member Sheley asked about City amenities
and if the developer would be adverse to dedicating five to seven acres to place city amenities on,
perhaps a fire station or other facility. The developer said they would be willing to discuss it and
look at it further.
Council Member Mahan moved that the ordinance be adopted. Council Member Capetillo
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,863
AN ORDINANCE OF THE CITY COUNCIL OF THE CCITY OF BAYTOWN, TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING
CERTAIN TRACTS OF LAND LOCATED SOUTH OF INTERSTATE 10 AND ADJACENT
TO THOMPSON ROAD ON THE WAST AND THE WEST TO REMOVE A PLANNED UNIT
DEVELOPMENT OVERLAY DISTRICT AND TO CHANGE THE ZONING DISTRICT
CLASSIFICATIONS FROM NEIGHBORHOOD CONSERVATION AND URBAN
NEIGHBORHOOD SDISTRICTS TO LIGHT INDUSTRIAL DISTRICT; REPEALING
SECTION 4 OF ORDINANCE SI. 10,338 TO RESCIND THE VARIANCES GRANTED TO
THE MINIMUM LOT SIZE REQUIREMENTS CONTAINED IN CHAPTER 126
“SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 2 “RESIDENTIAL,”
SUBDIVISION IV “TOWNHOUSE SUBDIVISIONS,” SECTION 126-350 “LOTS”AND
ARTICLE IV “IMPROVEMENTS,” DIVISION 2 “DESIGN STANDARDS,” SUBDIVISION III
“LOTS,” SECTION 126-551 “MINIMUM SIZES” OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
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Minutes of the Regular Meeting—March 27, 2008
Consider authorizing the bill of sale and the assignment and transfer of utility deposits for
the Bay Oaks Harbor Utility Transfer.
Mayor DonCarlos introduced the agenda item and asked Deputy City Manager Bob Leiper to
summarize the item. The proposed ordinance authorizes a Bill of Sale and an Assignment and
Transfer of Utility Deposits with John M. Fultz, Receiver for Bay Oaks Harbor Water and Sewer
Utility System. Such documents are necessary for the transfer of the Bay Oaks Harbor Utilities to
the City of Baytown. This is anticipated to be some of the last steps in the transfer process. The
Bill of Sale transfers all of the water and sewer lines and related appurtenances to the City and the
Assignment and Transfer of Utility Deposits transfers all of the deposits to the City. The parties
are aiming for an April 1st closing. As such, on April 1st, the residents of Bay Oaks Harbor will
receive water and sewer services from the City of Baytown. The Utility Billing Division has been
working with the residents to set up accounts in order to ensure that the continuity of services is
unaffected by the transfer.
Mayor DonCarlos called on Mitchell Pearce, who had signed up to speak. Mr. Pearce spoke in
support of the proposed ordinance. He reviewed the actions that the homeowner’s association had
taken so that there is no impact to the taxpayers of Baytown to absorb the system. Mayor
DonCarlos thanked Mr. Pearce and the homeowners for their work. Council Member Mahan
thanked city staff for their efforts.
Council Member Mahan moved that the ordinance be adopted. Council Member Capetillo
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYUOR TO EXECUTE A BILL OF SALE AND AN ASSIGNMENT
AND TRANSFER OF UTILITY DEPOSITS WITH JOHN M. FULTZ, RECEIVER FOR BAY
OAKS HARBOR WATER AND SEWER UTILITY SYSTEM FOR THE TRANSFER OF SUCH
SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider approval of a utility upgrade surcharge for repairs to the private water system at
Bay Oaks Harbor as part of the takeover by the City.
Deputy City Manager Bob Leiper summarized the item. The proposed ordinance amends Chapter
98 “Utilities,” Article III “Water Service,” of the Code of Ordinances, Baytown, Texas, to add a
new section to be numbered and entitled Section 98-55 “Utility upgrade surcharge” to establish a
$15 monthly surcharge for repairs to the water and wastewater systems within the Bay Oaks
Harbor Subdivision. Since 2004, the City of Baytown and the property owners of Bay Oaks
Harbor Subdivision have been working on a plan to transfer the private utility system over to the
City of Baytown. The Property Owners Association (POA) has acted as the agent for the owners.
As such various activities and expenditures have been presented to the members for approval. We
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Minutes of the Regular Meeting—March 27, 2008
are finally at the end of the road to complete this transfer, having gained approval of TCEQ and
the District Court of Travis County. One other action necessary is the approval of a $15 per-unit
utility assessment fee to reimburse the City for repairs that we will make to the water and
wastewater system at Bay Oaks Harbor after the transfer is completed. This repair was part of the
agreements with the POA for the City's takeover. Based on the engineering study performed by
Langford Engineering in April 2005, it is estimated that the repairs to meet TCEQ standards will
cost $100,000. The assessment will continue until repaid in approximately 5 years. Additional
development and more utility customers will repay the funds more quickly.
The transfer of the customers to the City’s Utility Billing System has already started. City of
Baytown water and wastewater service is expected to officially begin April 1, 2008.
Council Member Mahan moved that the ordinance be adopted. Council Member Capetillo
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 98 “UTILITIES,” ARTICLE III “WATER SERVICE,” OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED
AND ENTITLED SECTION 98-55 “UTILITY UPGRADE SURCHARGE” TO ESTABLISH A
FIFTEEN AND NO/100 DOLLARS ($15.00) MONTHLY SURCHARGE FOR REPAIRS TO
THE WATER AND WASTEWATER SYSTEMS WITHIN THE BAY OAKS HARBVOR
SUBDIVISION (AMENDED), SECTIONS 2 THROUGH 10 INCLUSIVE; CONTAINING A
RELEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMIM
PENALTY OF FIVE HNHUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING
FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF.
Consider establishing a curbside recycling fee.
Deputy City Manager Bob Leiper summarized the item. Residential accounts will be billed $2.25
per residential unit per month to pay for the recycling. The cost may have to be increased because
of the cost of fuel and the contract has a fuel adjustment clause.
Council Member Capetillo moved that the ordinance be adopted. Council Member Yepez
seconded the motion. Mayor DonCarlos reviewed the benefits of recycling and its impact on
landfill capacity and costs.
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Minutes of the Regular Meeting—March 27, 2008
There being a motion and a second, the vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10.866
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 86 “SOLID WASTE,” ARTICLE II “RESIDENTIAL SOLID
WASTE,” DIVISION 3 “FEES AND CHARGES AND BILLING PROCEDURE,” SECTION 86-
101 “CHARGE FOR COLLECTION” OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ESTABLISH A MONTHLY CURB-SIDE RECYCLING FEE OF TWO AND
25/100 DOLLARS PER RESIDENTIAL UNIT; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMIM, PENALTY OF FIVE
HUNDRED AND NO/100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE
THEREOF.
Authorizing the first amendment to the Professional Services Agreement for Final Design
Services to Pierce Goodwin Alexander & Linville, Inc.
Deputy City Manager Bob Leiper summarized the item. The Proposed Ordinance authorizes the
First Amendment to the Professional Services Agreement for final design services with Pierce
Goodwin Alexander & Linville, Inc. in an amount not to exceed $63,500 for the Old Courts
Facility and Police Academy Addition Project. Compensation for final design services will not
exceed $60,000. The project’s reimbursable expenses shall not exceed $3,500. As part of the final
design services, the consultant will assist the City during the bidding process, provide construction
observation services, and attend meetings with City staff as necessary. Upon the issuance of a
notice to proceed, Pierce Goodwin Alexander & Linville, Inc. will complete the final design
services within 90 calendar days. The anticipated schedule to bid the project is August 2008.
Funds for the project is from the original Crime Control and Prevention District
Council Member Capetillo moved that the ordinance be adopted. Council Member Yepez
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,867
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
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Minutes of the Regular Meeting—March 27, 2008
INTERIM CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH PIERCE GOODWIN ALEXANDER &
LINVILLE, INC., FOR FINAL DESIGN SERVICES FOR THE OLD COURTS FACILITY
AND POLICE ACADEMY ADDITION PROJECT; AUTHORIZING ADDITIONAL FUNDS IN
AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FIVE HUNDRED AND
NO/100 DOLLARS ($63,500.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider a proposed ordinance approving a settlement regarding the design, construction
and construction oversight of the Emergency Operations Center.
Deputy City Manager Bob Leiper stated that this item was not ready. No action was taken on the
item.
PROPOSED RESOLUTIONS
Consider a proposed resolution approving an application for Assistance to Firefighters
Grant.
Fire Chief Shon Blake asked for permission to apply for a firefighter’s assistance grant. The
proposed resolution allows the Fire Department to submit an application to the U.S. Department of
Homeland Security for an Assistance to Firefighters Grant. This grant will assist in the funding of
equipment to enhance the health and safety of firefighters and the community. The grant will also
assist in the training of personnel, enhancing the service to the community.
Council Member Mahan asked about the wash system being requested. Chief Blake stated that it
is for washing bunker gear. Council Member Sheley asked if there was a matching requirement.
Chief Blake stated that there is a 20% matching requirement. Council Member Yepez asked about
alternatives if the department didn’t get the grant. Chief Blake stated that if they didn’t get the
grant, the department would have to re-apply next year. He pointed out that the department had
been successful in getting grants before for haz-mat training. Chief Blake added that the
department could ask for the funds through the budget process.
Council Member Capetillo moved that the resolution be adopted. Council Member Murray
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO U.S. DEPARTMENT
OF HOMELAND SECURITY FOR A 2008 ASSISTANCE TO FIREFIGHTERS GRANT IN
THE AMOUNT OF ONE HUNDRED NINETY-FIVE THOUSAND AND NO/100 DOLLARS
($195,000.00) FOR THE PURPOSE OF PROVIDING FOR EQUIPMENT AND TRAINING;
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Minutes of the Regular Meeting—March 27, 2008
DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT
THEREFROM: AUTHORIZING THIRTY-NINE THOUSAND AND NO/100 DOLLARS
($39,000.00) IN MATCHING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
MOTIONS
Consider approval of plans and specifications for the Tri-City Beach Waterline Extension
Project.
Deputy City Manager Bob Leiper summarized the agenda item. Part of the city takeover of the
private utility system at Bay Oaks Harbor subdivision is the extension of the 12" waterline on Tri-
City Beach Road to the second subdivision entrance. This will allow the subdivision waterline to
be looped, improving pressures, flows and fire protection capabilities. The project was designed
in-house and is estimated to cost $150,000. This project is part of the 2001 Utility Improvement
Program.
Council Member Mahan moved that the plans and specifications be approved. Council Member
Capetillo seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Consider possible action regarding CenterPoint Energy Entex Rate Regulation.
City Attorney Ignacio Ramirez summarized the agenda item. A proposed resolution has been
placed at the Council’s places to suspend the rate increase so the city can review the rates to see if
they are fair and reputable. City staff has been discussing the rate case with other affected cities.
The consensus of the cities was to suspend rates and hire the law firm of Herrera and Boyle to
represent the cities who are members of the coalition in the rate case. The proposed resolution
would allow the City Manager to enter into an agreement with the law firm and recommended
approval of the ordinance. The City Attorney went on to state that he anticipated that at the next
council meeting the staff would recommend to deny the rates and have the attorneys represent us
at the Commission.
Council Member Sheley moved that the resolution be adopted. Council Member Yepez seconded
the motion.
Council Member Yepez asked how the lawyer fees would be paid. Mr. Ramirez stated that they
would be paid by the utility with the costs distributed among the utility’s customers.
Mayor DonCarlos called on Randall Sanders, Area Manager for CenterPoint Entex, who had
signed up to speak. He spoke about the City waiving its original jurisdiction in the case—it is not
part of the filing. Mr. Sanders also said the City Council could approve the rates placed before the
Council. On March 6, 2008 CenterPoint Entex filed an intent to increase rates with 47 cities and
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Minutes of the Regular Meeting—March 27, 2008
the Railroad Commission. Baytown residents would be looking at a 5.81% increase in their bills
or $3.59 per customer per month. He passed out a letter and other information pertaining to the
rate case. Extensive discussion was had concerning the requested rate increase and any litigation
surcharges on the customers. There being a motion and a second, the vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
CONSENT
Council Member Mahan moved that the consent agenda be adopted with the item on the
Woodlawn Lift Station changed to correct a transposition in numbers. Council Member Sheley
seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion passed.
Consider a resolution directing the City staff to prepare service plans for a proposed 127
acre annexation of land in the ETJ.
RESOLUTION NO. 1923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DIRECTING THE PREPARATION OF A SERVICE PLAN FOR THE PROPOSED
ANNEXATION OF A 127.614-ACRE TRACT OF LAND IN THE HACOB ARMSTRONG
SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND THE B.B. & C. RAILROAD
SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS, AND BEING ALL OF THAT
CERTAIN TRACT 23.4590 ACRES (CALLED 23.407 ACRES TRACT 2) AND ALL OF THAT
CERTAIN 92.8172 ACRES (CALLED 92.706 ACRES TRACT 3) CONVEYED BY DAVID M.
KADJAR, TRUSTEE, TO J.G. KEELING AND SONYA KEELING BY DEED DATED
NOVEMBER 2, 2004, AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL
RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH PART OF THAT
CERTAIN 250 FEET WILDE STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND
POWER COMPANY BY DEED RECORDED IN COLUME 292 AT PAGE 613 OF THE DEED
RECORDS OF CHAMBERS COUNTY, TEXAS; PART OF THAT CERTAIN 25 FEET WIDE
STRIP OF LAND CONVEYED TO SOUTH PACIFIC RAILROAD BY DEED RECORDED IN
COLUME 493 AT PAGE 655 OF THE OFFICILA RECORDS OF CHAMBERS COUNTY,
TEXAS, AND PART OF THAT CERTAIN 50-=FOOT WIDE STRIP OF LAND CONVEYED
TO SOUTH PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608
OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 13 of 15
Minutes of the Regular Meeting—March 27, 2008
Consider approving the closeout of the Woodlawn Lift Station Rehabilitation Project.
ORDINANCE NO. 10,868
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE WOODLAWN LIFT STATION REHABILITATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY-TWO THOUSAND THREE
HUNDRED FORTY-EIGHT AND 60/100 DOLLARS ($42,348.60) TO PELTIER BROTHERS
CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider awarding the third renewal of the annual concrete work contract.
ORDINANCE NO. 10,869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF TEAMWORK CONSTRUCTION SERVICES, INC., FOR
THE ANNUAL CONCRETE WORK CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FIFTY THOUSAND AND NO/100
DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
APPOINTMENTS
Consider confirmation of the Housing Authority appointment.
Mayor DonCarlos stated that his appointment to the Baytown Housing Authority Board
would be Jim Giroir. Council Member Sheley moved that the appointment be confirmed.
Council Member Capetillo seconded the motion. The vote was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion passed.
Consider confirmation of the Housing Finance Corporation Board appointment.
Mayor DonCarlos stated that his appointment to the Baytown Housing Finance
Corporation Board would be Jim Giroir. Council Member Sheley moved that the
appointment be confirmed. Council Member Capetillo seconded the motion. The vote
was as follows:
Ayes: Council Members Capetillo, Mahan, Murray, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion passed.
Page 14 of 15
Minutes of the Regular Meeting—March 27, 2008
Consider appointment of Associate Municipal Court Judges.
Deputy City Manager Bob Leiper stated that this item was not ready for discussion. No action
was taken on the item.
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.
This item was not ready and no executive session was held.
MANAGER'S REPORT
Youth Advisory Commission wins Spirit Award at the annual YAC Summit
Mike Flinn, Recreation Superintendent, gave a report on the Youth Advisory Commission
Summit. The Baytown Youth Advisory Commission won the Spirit Award at the annual Youth
Advisory Commission Summit.
Report on the Community Visioning Workshops
Deputy City Manager Leiper gave a report on the Community Visioning workshops held earlier in
the week. He reported that citizens input as to strengths, weaknesses, opportunities and threats
were similar to what the City Council had identified.
Deputy City Manager Leiper reminded the City Council that the Library would close on March
th
29th and re-open on April 12 due to re-modeling.
Council Member Mahan recognized the members of Friends of Cedar Bayou who were in
attendance.
Page 15 of 15
Minutes of the Regular Meeting—March 27, 2008
ADJOURN
Council Member Capetillo moved that the meeting be adjourned. Council Member Murray
seconded the motion. The vote was as follows:
Ayes: Council Members, Capetillo, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried and the meeting adjourned at 8:41 p.m.
________________________________
Kelvin Knauf, Interim City Clerk