2008 04 10 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 10, 2008
The City Council of the City of Baytown, Texas met in regular session on April 10, 2008
at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in
attendance:
Lena Yepez Council Member
Lynn Caskey Council Member
Brandon Capetillo Council Member
Don Murray Council Member
Sammy Mahan Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Robert D. Leiper Deputy City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council
Member Caskey led the Pledge of Allegiance and prayer.
MINUTES
Consider Approval of Minutes of the March 27, 2008 Work Session and March 27,
2008 Regular Meeting
Council Member Capetillo moved that the minutes for the April 10, 2008 work session
and March 27, 2008 regular meeting. 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.
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Minutes of the Regular Meeting—April 10, 2008
RECOGNITIONS AND CITIZENS COMMUNICATIONS
Considered an ordinance accepting a contribution in the amount of $75,000 from
ExxonMobil Corporation in support of the Mayor and ExxonMobil Green Team
Summer Youth Work Program.
Motion made by Council Member Capetillo approving Ordinance 10,870, Council
Member Caskey seconded the motion. The vote was as follows:
Ayes: Council MembersYepez, Sheley, Capetillo, Caskey, and Mahan
Mayor DonCarlos.
Nays: None
Council Member Murray abstained from the vote (conflict of interest form on file).
The motion carried.
ORDINANCE 10,870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR AND EXXONMOBIL GREEN TEAM SUMMER
YOUTH WORK PROGRAM. AUTHORIZING PAYMENT IN AN AMOUNT NOT TO
EXCEED NINETY THOUSAND AND NO/100 DOLLARS ($90,000); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mr. Rusty Senac addressed the City Council and provided an update on activities of
Friends of Cedar Bayou.
Mr. Jerry L. Jones addressed the City Council concerning the proposed barge
terminal on Cedar Bayou.
Mr. Wajih Rekik addressed the City Council concerning zoning at 204B West
YMCA Drive.
Mr. Ken Williamson addressed the City Council about the ordinance restricting
parking of boats and trailers in front yards.
Recognized employees for their dedicated years of service to the City:
5 year employee: Kevin Eaglin, Firefighter
10 year employees: Jeff Becktold, Construction Inspector
15 year employees: Paul Lockett, Certified Utilities Maintenance Technician in
Utilities Construction and Tim Cryer, Administrative Support in Police
Department
20 year employee: Gary Slot, Police Patrol Officer
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Minutes of the Regular Meeting—April 10, 2008
Employee of the Month. This agenda item was postponed until the Employee of the
Month could attend a City Council meeting.
Mayor DonCarlos presented the City Council Proclamation recognizing National
Public Safety Telecommunicator’s Week, April 13-19, 2008.
PUBLIC HEARINGS
Conducted the first public hearing on the proposed annexation of a 127.6412 acre
tract of land in the extra-territorial jurisdiction
Conducted the first public hearing on the proposed annexation of a 127.6412 acre tract of
land in the extra-territorial jurisdiction of the Jacob 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 wide strip of land conveyed to Houston
Lighting and Power Company by deed recorded in volume 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 volume 493 at page 655 of the
Official 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.
Mayor DonCarlos opened the public hearing at 7:30 p.m. City Manager Brumback
provided a summary of the proposed annexation. There were no citizens requesting to
speak. Mayor DonCarlos closed the public hearing at 7:32 p.m.
Conducted the second public hearing on the proposed annexation of a 127.6412 acre
tract of land in the extra-territorial jurisdiction
Conducted the second public hearing on the proposed annexation of a 127.6412 acre tract
of land in the extra-territorial jurisdiction of the Jacob 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 wide strip of land conveyed to Houston
Lighting and Power Company by deed recorded in volume 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 volume 493 at page 655 of the
Official Records of Chambers County, Texas, and part of that certain 50-foot wide strip of
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Minutes of the Regular Meeting—April 10, 2008
land conveyed to South Pacific Railroad by deed recorded in volume 180 at page 608 of
the Deed Records of Chambers County, Texas.
Mayor DonCarlos opened the public hearing at 7:33 p.m. There were no citizens
requesting to speak. Mayor DonCarlos closed the public hearing at 7:34 p.m.
Conducted a public hearing on the proposed increase in rates of CenterPoint Energy
(Entex).
Mayor DonCarlos opened the public hearing at 7:35 p.m. City Manager Brumback
provided a summary of the proposed annexation. There were no citizens requesting to
speak. Mayor DonCarlos closed the public hearing at 7:35 p.m.
PROPOSED ORDINANCES
Considered proposed ordinance approving the closeout of the West Baytown
Sanitary Sewer Rehabilitation Project.
The proposed ordinance approves release of retainage in the amount of $92,346.45 to PM
Construction, Inc. (PM) and accepts the West Baytown Phase II&III Sanitary Sewer
Rehabilitation Project. The original contract was awarded to PM for $2,075,736.20 with a
contract duration of 210 days. The project totaled $1,846,929.06; this was a cost savings
of $228,807.00. The project was completed in the allotted time. The contractor finished
the project with satisfactory workmanship.
Motion by Council Member Capetillo approving Ordinance 10,871. Council Member
Caskey seconded the motion. The vote was as follows:
Ayes: Council Members Sheley, Capetillo, Murray, Caskey, and Mahan
Mayor DonCarlos.
Nays: None
Council Member Yepez was not present for the vote.
The motion carried.
ORDINANCE 10,871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
ACCEPTING THE WEST BAYTOWN PHASE II AND III SANITARY SEWER
REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
NINETY-TWO THOUSAND THREE HUNDRED FORTY-SIX AND 45/100
DOLLARS ($92,346.45) TO PM CONSTRUCTION, INC., FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Considered Ordinance 10,874 approving a settlement regarding the design,
construction and construction oversight of the Emergency Operations Center (this
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Minutes of the Regular Meeting—April 10, 2008
item was considered after re-convening the regular City Council meeting following
the Executive Session).
Motion by Council Member Capetillo approving Ordinance 10,874. Council Member
Murray seconded the motion. The vote was as follows:
Ayes: Council Members Sheley, Capetillo, Murray, Caskey, and Mahan
Mayor DonCarlos.
Nays: None
Council Member Yepez was not present for the vote.
The motion carried.
PROPOSED RESOLUTIONS
Considered Resolution 1,924 denying the rate increases proposed by CenterPoint
Energy Resources Corp., dba CenterPoint Energy Entex and CenterPoint Energy
Texas Gas, Texas Coast Division.
The proposed resolution denies the rate increase proposed by CenterPoint Energy
Resources Corp., dba CenterPoint Energy Entex and CenterPoint Energy Texas Gas,
Texas Coast Division (“CenterPoint”). The rates should be denied due, in part, to the
following:
The Cost of Service Adjustment filed by CenterPoint does not provide for
meaningful review of the gas utility’s expenses and capital additions;
CenterPoint is requesting an 11% return on equity which is excessive;
CenterPoint’s rate request in based upon projections and estimates, which are not
permitted under Texas law; and
CenterPoint filed a rate filing package with the Railroad Commission of Texas on
March 6, 2008 in order to increase rates in the environs areas for the Texas Coast
Division. The Commission will be making rulings which will impact the
Statement of Intent filed with the cities located in the Texas Coast Division,
including the City of Baytown. It is important that the City, as part of TCUC,
participate in the proceeding before the Commission. Only a denial of the increase
will get the City before the Commission in a timely way.
Motion by Council Member Capetillo approving Resolution 1,924. Council Member
Caskey seconded the motion. The vote was as follows:
Ayes: Council Members Sheley, Capetillo, Murray, Caskey, and Mahan
Mayor DonCarlos.
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Minutes of the Regular Meeting—April 10, 2008
Nays: None
Council Member Yepez was not present for the vote.
The motion carried.
RESOLUTION 1,924
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DENYING THE RATE INCREASE PROPOSED BY CENTERPOINT ENERGY
RESOURCES CORP., DBA CENTERPOINT ENERGY ENTEX AND CENTERPOINT
ENERGY TEXAS GAS, TEXAS COAST DIVISION (“CENTERPOINT”); MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
CONSENT
Motion by Council Member Capetillo approving Consent Agenda Items 6.a, 6.b, 6.c, and
6.d. Council Member Caskey seconded the motion. The vote was as follows:
Ayes: Council Members Sheley, Capetillo, Murray, Caskey, Mahan and Yepez
Mayor DonCarlos.
Nays: None
The motion carried.
Consider an Interlocal Agreement with the MDD and State Advanced Funding
Agreement for the North Main/Alexander Traffic Signal Synchronization Project.
ORDINANCE 10,872
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE NORTH
MAIN/ALEXANDER TRAFFIC SIGNAL SYNCHRONIZATION PROJECT;
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF
TEXAS THROUGH THE TEXAS TRANSPORTATION COMMISSION;
AUTHORIZING PAYMENT TO THE STATE OF TEXAS OF A SUM OF TWO
HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider a proposed resolution accepting a $107,350 contrubution from Bayer
Material Science, LLC., supporting the City of Baytown Recycling Program.
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Minutes of the Regular Meeting—April 10, 2008
RESOLUTION 1,925
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING A CONTRIBUTION FROM BAYER MATERIAL-SCIENCE, LLC, IN
THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND THREE HUNDRED
FIFTY AND NO/100 DOLLARS ($107,350.00) SUPPORTING THE CITY’S
RECYCLING PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider a proposed ordinance authorizing an Energy Savings Project Development
Agreement
ORDINANCE 10,873
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT
DEVELOPMENT AGREEMENT WITH JOHNSON CONTROLS, INC., REGARDING
ENERGY SAVINGS MEASURES; AUTHORIZING PAYMENT TO JOHNSON
CONTROLS, INC., IN AN AMOUNT NOT TO EXCEED SEVENTY-SEVEN
THOUSAND FOUR HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS
($77,438.00); MAKING OTHER PROVISIONS RELATED THERETO, AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
APPOINTMENTS
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.
The City Council recessed into Executive Session at 7:42 P.M. pursuant to Texas
Government Code, Section 551.071 to seek the advice of the City’s attorneys regarding
contemplated litigation and/or possible settlement offers concerning the design and
construction of the Emergency Operations Center. The City Council re-convened into the
regular City Council Meeting at 8:27 P.M. with no action being taken in the Executive
Session.
MANAGER'S REPORT
City Manager Brumback gave a brief report on the RFQ for a convention hotel on
Bayland Island.
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Minutes of the Regular Meeting—April 10, 2008
Health and EMS Services Director Mike Lester gave a report from Trash Off and
announced that the City had been considered for Keep Texas Beautiful Awards.
Parks and Recreation Director Scott Johnson informed the City Council that the Parks and
Recreation Department, specifically the Eddie V. Gray Wetlands Education and
Recreation Center received the “Lone Star Programming” and the “Arts and Humanities”
statewide awards at the 2008 Texas Recreation and Park Society Annual Awards Banquet
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in San Angelo on Friday, March 28.
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Parks and Recreation Director Scott Johnson informed the City Council that the 27
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Annual Baytown Special Olympics Track Meet will be held on Saturday, April 19 at
Pete Sultis Memorial Stadium. Opening ceremonies will begin at 9:30 A.M. and
competition is scheduled to begin at 10:00 A.M.
Library Director Katherine Brown reported that the Sterling Municipal Library will re-
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open to the public on April 12 rafter being closed for painting and re-carpeting.
ADJOURN
Council Member Capetillo moved that the meeting be adjourned. Council Member
Caskey seconded the motion. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried and the meeting adjourned at 8:45 p.m.
__________________________
Kaythie Darnell, City Clerk