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2008 05 19 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 19, 2008 The City Council of the City of Baytown, Texas met in regular session on May 19, 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 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 Council Member Mahan was absent from the City Council Meeting. Mayor DonCarlos called the meeting to order at 6:30 P.M. with a quorum present. Council Member Yepez led the Pledge of Allegiance and the Reverend Jose Carreno of Northside Baptist led the audience with the Invocation. 1. MINUTES a. Considered approval of minutes of the May 8, 2008 Regular Meeting. Motion was made by Council Member Capetillo, seconded by Council Member Murray to approve the minutes for the May 8, 2008 regular meeting as presented. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray and Mayor DonCarlos Nays: None Council Members Caskey and Sheley abstained from voting due to their absence from the May 8, 2008 City Council Regular Meeting. The motion carried. Page 2 of 12 Minutes of the Special Meeting—May 19, 2008 2. CITIZENS COMMUNICATIONS AND RECOGNITIONS a. Canvassed the May 10, 2008 general and special election. City Clerk Ms. Darnell presented the results for the general and special election. District 4: Kyle Bilnoski had 22 votes, David W. McElwrath had 19 votes, and Terry Sain had 233 votes; District 5: Lynn A. Caskey II had 99 votes; District 6: David McCartney had 360 votes and Sammy Mahan had 285 votes; Proposition I: For had 1,087 and Against had 304 votes. The total number of votes were 1,391. b. Declared results of the general and special elections. Resolution 1928 declared the results of the general and special election on May 10, 2008. Motion was made by Council Member Murray, seconded by Council Member Caskey approving Resolution 1928. The vote was as follows: Ayes: Council Members Yepez, Caskey, Capetillo, Murray, Sheley and Mayor DonCarlos. Nays: None c. Administered oaths of office to newly elected City Council Members. Administered oaths of office to the newly elected City Council Members for District 5 and District 6. Assistant City Attorney Karen Holder administered oaths of office to Lynn Caskey, District 5, and David McCartney, District 6 who then took their seats at the dais. d. Recognized the Employee of the Month. Karen Knight employee with the City of Baytown Library was honored as Employee of the Month. e. Received YAC Annual Report. The Youth Advisory Commission presented their annual report. Members who presented the report included: Katie Kenny, Jacob Miller, Clay Dippel, Laura Siegelman, Jose Garcia, Christina Garcia and Kelsey Smith. f. Presented the Youth of the Month Award. Presented the Youth of the Month Award to Aleida Gamez, a senior at Ross Sterling High School. Page 3 of 12 Minutes of the Special Meeting—May 19, 2008 g. Citizen Communication – Mr. Ken Williamson. Mr. Williamson was not in attendance at the City Council Meeting. 3. ORDINANCES a. Ordinance 10,890 amended the zoning map by reclassifying a 52.7885- acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas. Ordinance 10,890 amended the zoning map by reclassifying a 52.7885-acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and being all of the 50.4864 acre Tract 1 conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by deed dated November 3, 2004 and recorded in Volume 735 at page 648 of the official records of Chambers County, Texas; together with all of that certain 2.3021 acre tract of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by deed dated November 3, 2004 and recorded in Volume 738 at page 160 of the official records of Chambers County, Texas, from Mixed Use to Neighborhood Conservation. James Hutchison requested the zoning map amendment to reclassify the above-described 52.7885 acres from Mixed Use to Neighborhood Conservation. The property has been recently annexed into the city limits. City Manager Brumback summarized Ordinance 10,890. Motion was made by Council Member Caskey, seconded by Council Member Murray approving Ordinance 10,890. The vote was as follows: Ayes: Council Members Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. ORDINANCE 10,890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS A 52.7885-ACRE TRACT OF LAND SITUATED IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND BEING ALL OF THE 50.4864 ACRE TRACT 1 CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 3, 2004, AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER Page 4 of 12 Minutes of the Special Meeting—May 19, 2008 WITH ALL OF THAT CERTAIN 2.3021 ACRE TRACT OF LAND CONVEYED BY DELMAR WAYNE BRAZELL TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 3, 2004, AND RECORDED IN VOLUME 738 AT PAGE 160 OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS, FROM A MIXED USE ZONING DISTRICT TO A NEIGHBORHOOD CONSERVATION ZONING DISTRICT; 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. b. Ordinance 10,891 amended the zoning map by reclassifying Devinwood Subdivision Phase 1, Block 1, Lots 1-29 Ordinance 10,891 authorized a zoning map by reclassifying Devinwood Subdivision Phase I, Block 1, Lots 1-29, Block 2, lots 1-20 Block 3, Lots 1-6 and Restrictive Reserve “C,” Devinwood Phase II, Block 4, Lots 1-47, Block 5, Lots 1-20, Block 6. Lots 1-34, Baytown, Chambers County, Texas from Mixed Use to Neighborhood Conservation. The City of Baytown requested that the Devinwood Subdivision, a residential development, be reclassified. City Manager Brumback summarized Ordinance10,891. Motion was made by Council Member Caskey, seconded by Council Member Capetillo approving Ordinance 10,891. The vote was as follows: Ayes: Council Members Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. ORDINANCE 10,891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS DEVINWOOD SUBDIVISION PHASE 1, BLOCK 1, LOTS 1-29, BLOCK 2, LOTS 1-20 BLOCK 3, LOTS 1-6 AND RESTRICTIVE RESERVE “C” AND DEVINWOOD PHASE II, BLOCK 4, LOTS 1-47, BLOCK 5, LOTS 1-20, BLOCK 6, LOTS 1-34, BAYTOWN, CHAMBERS COUNTY, TEXAS, FROM A MIXED USE ZONING DISTRICT; 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. c. Increased the maximum daily storage fee charged by tow truck. Page 5 of 12 Minutes of the Special Meeting—May 19, 2008 Ordinance 10,892 amended the standard tow agreement to increase the maximum daily storage fee for tow truck operations. City Manager Brumback summarized Ordinance 10,892. Motion was made by Council Member Capetillo, seconded by Council Member Yepez approving Ordinance 10,892. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None Council Member Caskey abstained from voting on this agenda item. Conflict of Interest Affidavit on file. The motion carried. ORDINANCE 10,892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A STANDARD FORM TOW TRUCK AGREEMENT CORRESPONDING TO ARTICLE III “TOW TRUCKS” OF CHAPTER 102 “VEHICLES FOR HIRE” OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; CONTAINING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Increased the taxicab rates. Ordinance 10,893, amended Chapter 102 “Vehicles for Hire,” Article II “Taxicabs,” Division 3 “Operating Regulations, “Section 102-109 “Fares” of the Code of Ordinances, City of Baytown, Texas, to provide for increased taxicab fares. City Manager Brumback summarized Ordinance 10,893. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Ordinance 10,893. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. Page 6 of 12 Minutes of the Special Meeting—May 19, 2008 ORDINANCE 10,893 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 “VEHICLES FOR HIRE,” ARTICLE II “TAXICABS,” DIVISION 3 “OPERATING REGULATIONS,” SECTION 102-109 “FARES,” SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO INCREASE THE MAXIMUM ALLOWABLE FARE FOR THE FIRST 1/5 OF A MILE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. e. Prohibited LED billboards in the City and ETJ. Ordinance 10,894 amended Chapter 118 “Signs” of the Code of Ordinances to prohibit LED billboards within the City and the City’s ETJ. City Manager Brumback summarized Ordinance 10,894. Motion was made by Council Member McCartney, seconded by Council Member Sheley approving Ordinance 10,894. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE 10,894 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 118 “SIGNS” ARTICLE 1 “IN GENERAL,” SECTION 118-2 “SCOPE” AND SECTION 118-4 “CLASSIFICATION,” SUBSECTION (C)(3); ARTICLE III “REGULATIONS,” DIVISION 1 “GENERALLY,” SECTION 118-174 “USE OF MOTION PICTURE MACHINES” AND SECTION 118-179 “SPECTACULAR SIGNS”; DIVISION 4 “LOCATION,” SUBDIVISION IV “OFF-PREMISES SIGNS,” SECTION 118-357 “APPLICABILITY” AND SECTION 118-358 “NEW SIGNS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT SIGNS WHICH ARE CLASSIFIED AS BOTH OFF-PREMISES SIGNS AND SPECTACULAR SIGNS WITHIN THE CITY LIMITS AND THE CITY’S EXTRATERRITORIAL JURISDICTION; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. f. Adopted 2008 National Electrical Code. Page 7 of 12 Minutes of the Special Meeting—May 19, 2008 Considered Ordinance 10,895 amending Chapter 18 “Building and Building Regulations,” Article III “Electrical Code, “ Section 18-431 “Compliance with article, electrical code and utility company specifications” to adopt the 2008 National Electrical Code as the electrical code for the City of Baytown. City Manager Brumback summarized Ordinance 10,895. Motion was made by Council Member Capetillo, seconded by Council Member McCartney to approve Ordinance 10,895. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. ORDINANCE 10,895 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 “BUILDING AND BUILDING REGULATIONS,” ARTICLE III “ELECTRICAL CODE,” DIVISION 6 “STANDARDS,” SECTION 18-431 “COMPLIANCE WITH ARTICLE, ELECTRICAL CODE AND UTILITY COMPANY SPECIFICATIONS,” SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO ADOPT THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. 4. RESOLUTIONS a. Apply for an H-GAC Solid Waste Grant. Resolution 1929 authorized the City Manager to apply to Houston-Galveston Area Council (H-GAC) for the FY09 Solid Waste Grant in order to expand the community service clean-up activities in Baytown. City Manager Brumback summarized Resolution 1929. Motion was made by Council Member McCartney, seconded by Council Member Caskey to approve Resolution 1929. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. Page 8 of 12 Minutes of the Special Meeting—May 19, 2008 RESOLUTION 1929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON-GALVESTON AREA COUNCIL FOR THE FY09 SOLID WASTE GRANT IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) FOR THE PURPOSE OF EXPANDING THE COMMUNITY SERVICE CLEAN-UP ACTIVITIES IN BAYTOWN; DESIGNATING AND AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CONSENT Motion was made by Council Member Sheley, seconded by Council Member Capetillo to approve consent items 5.a, 5.b, 5.c, 5.d., 5.e., 5.f, 5.g., 5.h. The vote was as follows: Ayes: Council Members Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. a. Ordinance 10,896 provided the closeout of the Bowie Street Drainage Project. Ordinance 10,896 accepting the Bowie Street Drainage Project and authorizing final payment. ORDINANCE 10,896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BOWIE STREET DRAINAGE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ELEVEN THOUSAND SEVEN HUNDRED FORTY- TWO AND 75/100 DOLLARS ($11,742.75) TO JIMERSON UNDERGROUND, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance 10,897 awarded the Annual Wood Grinding & Material Handling Services Contract. Ordinance 10,897 authorized the Interlocal Agreement with the City of Pasadena and a supplemental agreement with Novus Wood Group, L.P., concerning the Annual Wood Grinding and Material Handling Services Contract. ORDINANCE 10,897 Page 9 of 12 Minutes of the Special Meeting—May 19, 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF PASADENA, TEXAS, FOR A WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT; AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH NOVUS WOOD GROUP, L.P., CONCERNING THE SAME; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($270,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE. c. Authorized advertisement to take bids for the East Wye Drive and Felton Drive Project. d. Authorized advertisement to take bids for the Garth Road and Independence Signal Project. e. Ordinance 10,898 authorized the second amendment to the Professional Services Agreement for final design for the North Main and I-10 Utility Project with Langford Engineering, Inc. ORDINANCE 10,898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR FINAL DESIGN SERVICES FOR THE NORTH MAIN AND I-10 UTILITY PROJECT WITH LANGFORD ENGINEERING, INC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($164,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance 10,899 authorized the first amendment to the Professional Services Agreement for Final Design Services for the Goose Creek Sanitary Sewer Truck Line Project with Claunch and Miller, Inc. ORDINANCE 10,899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR FINAL DESIGN SERVICES FOR THE GOOSE CREEK SANITARY SEWER TRUNK LINE PROJECT WITH CLAUNCH & MILLER, INC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY-FOUR THOUSAND NINE HUNDRED SEVENTY-FIVE AND Page 10 of 12 Minutes of the Special Meeting—May 19, 2008 NO/100 DOLLARS ($284,975.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance 10,900 authorized a Professional Services Agreement for Final Design Services for the Water Towers Circulation Improvement Project. ORDINANCE 10,900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES ASSOCIATED WITH THE WATER TOWER CIRCULATION IMPROVEMENT PROJECT WITH LANGFORD ENGINEERING, INC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIXTY- FOUR THOUSAND AND NO/100 DOLLARS ($64,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Ordinance 10,901 authorized a Site Lease Agreement with Crown Castle GT Company LLC for the maintenance of antenna facilities at the James Street Water Tower Site. ORDINANCE 10,901 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A SITE LEASE AGREEMENT WITH CROWN CASTLE GT COMPANY LLC, FOR THE MAINTENANCE OF ANTENNA FACILITIES AT THE JAMES STREET WATER TOWER SITE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Appointment made to the Transportation Policy Council. Motion was made by Council Member Murray, and seconded by Council Member Caskey to appoint Council Member Capetillo to the Transportation Policy Council. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. b. Appointment made to the Houston - Galveston Area Council. Page 11 of 12 Minutes of the Special Meeting—May 19, 2008 City Manager Brumback presented this agenda item. Motion was made by Council Member Murray, seconded by Council Member Caskey to appoint Council Member Capetillo to the Houston-Galveston Area Council. The vote was as follows: Ayes: Council Members Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos. Nays: None The motion carried. 7. 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 did not convene into Executive Session. 8. APPEALS 9. MANAGER'S REPORT a. Memorial Day Service. b. Swimming Pools open for the 2008 Summer Season. c. Baytown Skate Part 2 – The Deuce – Grand Opening and Ribbon Cutting. d. Epic Art Unveiling and Dignitary Reception. e. 2008 ASA Pixie 8 & Under State Softball Tournament. f. Summer Reading Program at Sterling Municipal Library. 10. ADJOURN Motion was made by Council Member Murray, seconded by Council Member Yepez to move to adjourn the meeting. The vote was as follows: Page 12 of 12 Minutes of the Special Meeting—May 19, 2008 Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney, Sheley and Mayor DonCarlos Nays: None The motion carried and the meeting adjourned at 7:30 P.M. ______________________________ Kaythie Darnell, City Clerk