2008 08 12 CC Minutes, Special
MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
August 12, 2008
The City Council of the City of Baytown, Texas met in special session on August 12,
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
Terry Sain Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Robert Leiper Deputy Manager
Kevin Troller Assistant City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
6:31 P.M. Mayor DonCarlos convened the August 12, 2008 special session with a
quorum present.
Council Member Lena Yepez led the pledge of Allegiance to the United States of
America and Invocation.
1. MINUTES – City Clerk.
a. Considered approval of the minutes from the May 27, 2008 special meeting for
the groundbreaking of Fire Station 5;
Considered approval of the minutes from the July 8, 2008 special meeting for the
Workshop on the Unified Land Development Code;
Considered approval of the minutes from the July 24, 2008 City Council Work Session
and Regular Meeting;
Considered approval of the minutes from the August 1, 2008 special meeting for the
dedication of the Baytown Circulator Transit System Tour.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
approving the minutes from the May 27, 2008 Special Meeting, July 8, 2008 Special
Page 2 of 13 City Council Minutes for August 12, 2008
Meeting, July 24, 2008 Work Session and Regular Meeting, and August 1, 2008 Special
Meeting.
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Citizens Communications - Mr. Artie Presley.
Mr. Artie Presley addressed the City Council with a follow up regarding a request for a
yearly ethics investigation of Baytown's City Manager.
Mayor DonCarlos acknowledged that he had spoken to Mr. Presley after the last meeting
and once since then. The Mayor stated that he was not willing to select one position for
an annual ethics review; however, he was not opposed to ethical reviews for the City
Council and others. The Mayor noted he would like to look at the Harris County system
and possibly adopt. The Mayor further stated that he was not ready to place on the
agenda an item without a plan.
b. Employee of the Month.
City Manager Brumback recognized the City of Baytown's Employee of the Month, Ms.
Shontele Williams, from the Parks and Recreation Department.
c. Parks and Recreation Department's Annual Report.
Received the Parks and Recreation Advisory Board Annual Report from Parks and
Recreation Board President Wayne Gray and Director Scott Johnson.
d. 3rd Annual Grito Fest - Parks and Recreation Department.
Director Scott Johnson and Committee leaders discussed the upcoming 3rd Annual Grito
Fest.
3. PUBLIC HEARINGS
a. Public Hearing: 2008-2009 Budget - Crime Control and Prevention District.
Conducted a public hearing regarding the fiscal year 2008-2009 Budget adopted by the
Board of Directors of the Baytown Crime Control and Prevention District and submitted
to the City Council.
Page 3 of 13 City Council Minutes for August 12, 2008
City Manager Brumback summarized the agenda item.
7:51 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
7:51 P.M. Mayor DonCarlos closed the public hearing.
b. Public Hearing: 2008-2009 Budget - Fire Control, Prevention, Emergency
Medical Service District.
Conducted a public hearing regarding the fiscal year 2008-2009 Budget adopted by the
Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical
Services District and submitted to the City Council.
City Manager Brumback summarized the agenda item.
7:52 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
7:52 P.M. Mayor Don Carlos closed the public hearing.
c. Public Hearing (First): Annexation 360 Acres west of N Main - Planning.
Conducted the first public hearing on the annexation of a 360.22-acre tract of land
located west of Barkuloo Road, East of Garth Road, North of Archer Road and
South of Interstate 10 in Harris County, Texas.
City Manager Brumback summarized the agenda item.
7:55 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
7:55 P.M. Mayor Don Carlos closed the public hearing.
d. Public Hearing (Second): Annexation 360 acres West of North Main -
Planning.
Conducted the second public hearing on the annexation of a 360.22-acre tract of land
located West of Barkuloo Road, East of Garth Road, North of Archer Road and South of
Interstate 10 in Harris County, Texas.
City Manager Brumback summarized the agenda item.
Page 4 of 13 City Council Minutes for August 12, 2008
7:57 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
7:57 P.M. Mayor Don Carlos closed the public hearing.
4. PROPOSED ORDINANCES
a. 2008-2009 Budget Approval - Crime Control and Prevention District -
Administration.
Considered Ordinance 10,940 approving the 2008-2009 Baytown Crime Control and
Prevention District Budget.
Council Member Sheley made a motion, seconded by Council Member Caskey
approving Ordinance 10,940. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 10,940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APRROVING THE FISCAL YEAR 2008-09
BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE
BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Approved the 2008-2009 Budget - Fire Control, Prevention and Emergency
Medical Services - Administration.
Consider Ordinance 10,941 approving the 2008-2009 Baytown Fire Control, Prevention
and Emergency Medical Services District Budget and the Crime Control and Prevention
District.
Council Member Sheley made a motion, seconded by Council Member Caskey
approving Ordinance 10,941. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
Page 5 of 13 City Council Minutes for August 12, 2008
The motion carried.
ORDINANCE 10,941
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2008-09
BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. First Reading - Annexing N. Main Street - Planning.
Considered Ordinance 10,942 for the first reading of the ordinance annexing property
currently within the extra-territorial jurisdiction of the City of Baytown and being
property along North Main Street from the Baytown Fairgrounds north to north of
Wallisville, Harris County, Texas. The annexation then crosses N. Main to encompass
the school property (Goose Creek Memorial High School), Harris County, Texas.
Council Member Sheley made a motion, seconded by Council Member McCartney
approving Ordinance 10,942. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 10,942
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,
TEXAS, AND THE ANNEXATION OF (I) A PORTION OF TRACT 67,
HARRIS COUNTY, TEXAS, (II) A PORTION OF TRACT 8D,
ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY,
TEXAS, (III) A PORTION OF TRACT 8C, ABSTRACT 21 OF THE G.
ELLIS SURVEY, HARRIS COUNTY, TEXAS, (IV) A PORTION OF
TRACT 8C-2, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS
COUNTY, TEXAS, (V) A PORTION OF TRACT 8F, ABSTRACT 21
OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (IV) A
PORTION OF TRACT 8, ABSTRACT 21 OF THE G. ELLIS SURVEY,
HARRIS COUNTY, TEXAS, (VII) A PORTION OF TRACT 38A,
ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY,
TEXAS, AND (VIII) A PORTION OF TRACT 57A, ABSTRACT 21 OF
Page 6 of 13 City Council Minutes for August 12, 2008
THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS; WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
d. Earnest Money Contract - Administration.
Considered Ordinance 10,943 authorizing an earnest money contract for the purchase of
property located at 4451 Sjolander Road, Baytown, Harris County, Texas, from Laverne
Hester Dunman for the Baker Road Extension Project.
Council Member Sain made a motion, seconded by Council Member Capetillo approving
Ordinance 10,943. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 10,943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE PROPERTY
LOCATED AT 4451 SJOLANDER ROAD, BAYTOWN, HARRIS
COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS
TR 15, ABST 591 D MCFADDEN, BAYTOWN, HARRIS COUNTY,
TEXAS, FROM LAVERNE HESTER DUNMAN; DIRECTING THE
CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN EARNEST MONEY CONTRACT FOR SUCH
PURCHASE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
5. PROPOSED RESOLUTIONS
a. Granting the petition requesting annexation .3814-acre tract.
Considered Resolution 1941 granting the petition requesting annexation submitted by
Steger & Chavason Partnership, the owner of a tract of land, being a .3814-acre tract of
land situated in Lot 9, Block 22 of the Highland Farms Subdivision, situated in Harris
County, Texas, as recorded in Volume 10 at Page 47 of the maps Records of Harris
County, Texas, in the T. Ristergen Survey, Abstract 1425, Harris County, Texas and
being out of a part of certain called 15.095-acre tract of land.
Council Member Capetillo made a motion, seconded by Council Member Caskey
approving Resolution 1941. The vote was as follows:
Page 7 of 13 City Council Minutes for August 12, 2008
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1941
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, GRANTING THE PETITION OF STEGER &
CHAVASON PARTNERSHIP, CONCERNING THE ANNEXATION
OF A 0.3814-ACRE TRACT OF LAND SITUATED IN LOT 9, BLOCK
22 OF THE HIGHLAND FARMS SUBDIVISION, HARRIS COUNTY,
TEXAS, AS RECORDED IN VOLUME 10 AT PAGE 47 OF THE MAP
RECORDS OF HARRIS COUNTY, TEXAS, IN THE T. RISTERGEN
SURVEY, ABSTRACT 1425, HARRIS COUNTY, TEXAS AND
BEING OUT OF A PART OF CERTAIN CALLED 15.095-ACRE
TRACT OF LAND CONVEYED BY L.D. WILBURN & THEO
WILBURN TO JESS E. MAYBIN AND MAY D. MAYBIN BY DEED
DATED AUGUST 21, 1951, AND RECORDED IN VOLUME 2330 AT
PAGE 380 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS;
AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Advertisement to take bids for the 2007 Streets - Year 1 Project -
Engineering.
Considered authorizing advertisement to take bids for the 2007 Streets - Year 1 Project.
Council Member Capetillo made a motion, seconded by Council Member McCartney
approving advertisement to take bids for the 2007 Streets – Year 1 Project. The vote was
as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
6. CONSENT
Council Member Sheley made a motion, seconded by Council Member Capetillo
approving Consent Agenda Items: 6.a., 6.b., 6.c., 6.d., 6.e., 6.f., and 6.g. The vote was as
follows:
Page 8 of 13 City Council Minutes for August 12, 2008
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
a. Ordinance 10,944: Contract for Annual Hot-Mix Asphalt - Purchasing.
Considered Ordinance 10,944 awarding the annual hot-mix asphalt contract.
ORDINANCE 10,944
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF CENTURY
ASPHALT LTD., FOR THE ANNUAL HOT-MIX ASPHALT
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN THE AMOUNT OF ONE HUNDRED EIGHT
THOUSAND AND NO/100 DOLLARS ($108,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
b. Ordinance 10,945: 2001 Bond Phase III Project - Engineering.
Considered Ordinance 10,945 accepting the 2001 Street Bond Phase III Project and
authorizing final payment.
ORDINANCE 10,945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE 2001 STREET BOND PHASE
III PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
ONE HUNDRED NINETY-THREE THOUSAND FIVE HUNDRED
SIXTY-THREE AND 69/100 DOLLARS ($193,563.69) TO D & W
CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
c. Authorize bids for the Renovation Old Court and Jail Project.
Considered approval of plans and specifications and authorize advertisement to take bids
for the Renovation of the Old Court and Jail Project and modifications to the Police
Academy.
d. Ordinance 10,946: Agreements with Second Baptist Church for Utility Cost-
Sharing and Inspection Services - Administration.
Page 9 of 13 City Council Minutes for August 12, 2008
Considered Ordinance 10,946 authorizing (i) a cost-share agreement with Second Baptist
Church, City of Baytown, of Harris County, Texas, for the installation of a twelve-inch
water line and (ii) an agreement with Second Baptist Church, City of Baytown, of Harris
County, Texas, for limited inspection services for the construction of a church building
and related appurtenances near the intersection of I-10 and North Main Street.
ORDINANCE 10,946
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 (I) A COST-
SHARE AGREEMENT WITH SECOND BAPTIST CHURCH, CITY OF
BAYTOWN, OF HARRIS COUNTY, TEXAS, FOR THE
INSTALLATION OF A TWELVE-INCH WATER LINE AND (II) AN
AGREEMENT WITH SECOND BAPTIST CHURCH, CITY OF
BAYTOWN, OF HARRIS COUNTY, TEXAS, FOR LIMITED
INSPECTION SERVICES FOR THE CONSTRUCTION OF A
CHURCH BUILDING AND RELATED APPURTENANCES NEAR
THE INTERSECTION OF I-10 AND NORTH MAIN STREET; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Ordinance 10,947: Contract - Emergency Management.
Considered Ordinance 10,947 authorizing the City Manager to negotiate and execute
standby contracts from the RFP for emergency food and supplies.
ORDINANCE 10,947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE NO-UPFRONT-COST EMERGENCY
FOOD AND SUPPLIES STANDBY CONTRACTS; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Ordinance 10,948: Assigning the Agreement for Financial Auditing Services
and amending the agreement for additional services - Finance.
Considered Ordinance 10,948 assigning the Agreement for Financial Auditing Services
to Belt Harris & Associates, LLP, and amending the agreement for additional services
associated with risk assessment.
ORDINANCE 10,948
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
Page 10 of 13 City Council Minutes for August 12, 2008
EXECUTE AND THE CITY CLERK TO ATTEST TO (I) AN
ASSIGNMENT OF THE AGREEMENT FOR FINANCIAL AUDITING
SERVICES WHICH ASSIGNS SUCH AGREEMENT FROM
SANDERSON, KNOX & BELT, LLP, TO BELT HARRIS &
ASSOCIATES, LLP; AND (II) THE FIRST AMENDMENT TO THE
AGREEMENT FOR FINANCIAL AUDITING SERVICES WITH BELT
HARRIS & ASSOCIATES, LLP, FOR ADDITIONAL SERVICES
ASSOCIATED WITH RISK ASSESSMENT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED THIRTEEN THOUSAND FOUR
HUNDRED EIGHTY-NINE AN NO/100 DOLLARS ($113,489.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Interlocal agreement with the Baytown Municipal Development District for
Sports League Improvements.
Considered Ordinance 10,949 authorizing an interlocal agreement with the Baytown
Municipal Development District for funding of youth sports league improvement
projects.
ORDINANCE 10,949
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
IMPROVEMENT PROJECTS AT THE VARIOUS SPORTS
FACILITIES WITHIN THE DISTRICT’S BOUNDARIES; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
7. APPOINTMENTS
a. Baytown Redevelopment Authority.
Considered appointments to the Baytown Redevelopment Authority (3).
Council Member Caskey made a motion reappointing Gilbert Santana, John Strausser and
appointed Judy Dubose to the Baytown Redevelopment Authority and Reinvestment
Zone Number One Board.
Council Member Sheley made a motion to amend the above motion, seconded by Council
Member McCartney. The vote was as follows:
Ayes: Council Members: McCartney and Sheley.
Page 11 of 13 City Council Minutes for August 12, 2008
Nayes: Yepez, Caskey, Capetillo, Sain and Mayor DonCarlos
The motion failed.
Council Member Caskey made a motion, seconded by Council Member Capetillo
reappointing Gilbert Santana and John Strausser and appointed Judy Dubose to the
Baytown Redevelopment Authority and Reinvestment Zone Number One Board. The
vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain and Mayor DonCarlos.
Nayes: Council Members: McCartney and Sheley.
The motion carried.
b. Reinvestment Zone Number One Board.
Considered appointments to the Reinvestment Zone Number One Board (3).
Council Member Caskey made a motion reappointing Gilbert Santana and John Strausser
and appointed Judy Dubose to the Baytown Redevelopment Authority and Reinvestment
Zone Number One Board. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain and Mayor DonCarlos.
Nayes: Council Members: McCartney and Sheley.
The motion carried.
c. Baytown Area Water Authority Board (2).
Considered appointments to the BAWA Board (2).
Council Member Sain made a motion, seconded by Council Member Caskey
reappointing Peter Buenz and John Sandhop. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
d. Crime Control and Prevention District Board (4).
Page 12 of 13 City Council Minutes for August 12, 2008
Considered appointments to the CCPD Board (4).
Council Member Yepez made a motion, seconded by Council Member Capetillo
reappointing Bob Goolsby, Rikki Wheeler, Carl Brandon and appointing Samuel Barker.
The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
e. Fire Control, Prevention, and Emergency Medical Services Board. (4)
Consider appointments to the Fire Control, Prevention, and Emergency Medical Services
District. (4).
Council Member Sain made a motion, seconded by Council Member Caskey
reappointing Lovella Desormeaux, John Adkins, Earl Wurzbach and Brenda Smith
The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
8. 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 herein below, 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.
There was no Executive Session.
9. ADJOURN
Page 13 of 13 City Council Minutes for August 12, 2008
Council Member Caskey made a motion, seconded by Council Member Yepez
adjourning the City Council Special Session. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
The City Council Special Session Meeting adjourned at 7:17 P.M.
________________________________
Kaythie Darnell, City Clerk