2008 09 11 CC Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN, TEXAS
September 11, 2008
The City Council of the City of Baytown, Texas met in a regular meeting on September
11, 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
6:30 P.M. Mayor DonCarlos convened the September 11, 2008 regular meeting with a
quorum present.
Special presentation of the Colors by the combined Police/Fire Honor Guard in
remembrance of those who lost their lives on September 11, 2001. Pledge of Allegiance
to the United States of America led by Council Member Capetillo. Invocation by Police
Chaplain Turner.
1. MINUTES
a. Minutes - City Clerk.
Considered approval of the minutes from the August 28, 2008 City Council
regular meeting.
Motion made by Council Member , seconded by Council Member
approving the minutes from the September 11, 2008 City Council regular meeting.
Ayes: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None.
The motion carried.
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS.
a. Recognition: Presentation of the Youth of the Month Award - Parks and
Recreation.
Presentation of the Youth of the Month Award to Jessica Bitterly, a senior at Robert E.
Lee High School.
b. Citizen Communications - Mr. Ken Williamson.
Mr. Ken Williamson would like to address City Council concerning City Mower vehicle's
inspection and registration stickers and the drivers not wearing seatbelts.
c. Citizen Communication - Mr. Wajih Rekik.
Mr. Wajih Rekik would like to address City Council concerning the Zoning Ordinance
impacting his place of business.
d. Recognition - Police Department.
Welcome new police officer Jason Cox.
3. PUBLIC HEARINGS
a. Public Hearing: Zoning Amendment 3606 W Baker Road.
Conduct a public hearing regarding the application of Sharon Locher Rogers for a zoning
amendment for property legally described as Lot 2A, Block 2 out of The Village,
Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use.
b. Public Hearing: Zoning Amendment 101 South Robert Lanier - Planning
Department.
Conduct a public hearing regarding the application of J. Michael Boyd to amend the
official zoning map of the City of Baytown concerning certain tracts of land located at
101 South Robert Lanier, legally described as TRS 3H-2 & 10, TRS 3H-2A & 10A,
ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light
Industrial.
4. MOTIONS
a. Receive the 2008 Harris County and Chambers County Certified Appraisal
Rolls
Receive the 2008 Appraisal Rolls certified by the Harris County Appraisal District and
the Chambers County Appraisal District.
b. Receive Certification of 2008 Anticipated Collection Rate from the City of
Baytown Tax Assessor/Collector.
Receive Certification of 2008 Anticipated Collection Rate from the City of Baytown Tax
Assessor/Collector.
c. Receive the 2008 Effective and Rollback Tax Rate Calculation
Receive the effective and rollback tax rate calculation for the 2008 tax year (Fiscal Year
2008-09).
5. PROPOSED ORDINANCES
Agenda Items 5a through 5e are all related to the adoption of the 2008-2009
Budget for the City of Baytown and can be taken together, if City Council so
chooses, in one motion.
a. Adopt the 2008-09 Municipal Budget - Finance Department.
Consider proposed ordinance adopting the 2008-09 City of Baytown Budget.
Consider proposed ordinance adopting the 2008-09 City of Baytown Budget.
b. Ratifying 2008-2009 Property Tax Increase - Finance Department.
Consider an ordinance ratifying the property tax increase reflected in the budget.
c. Approving the Baytown Area Water Authority 2008-09 Budget - Finance
Department.
Consider an ordinance approving the 2008-09 Baytown Area Water Authority Budget.
d. Amending Water and Sewer Rates - Finance Department.
Consider an ordinance amending the Code of Ordinances, Chapter 98, “Utilities,”
Sections 98-59 and 98-91 to increase water and sewer rates.
e. Amending Solid Waste Rates
Consider an ordinance amending the Code of Ordinances, Chapter 86 "Solid Waste,"
Article II "Residential Solid Waste," Division 3 "Fees and Charges and Billing
Procedures," Section 86-101 "Charge for Collection," Subsections (a), (d) and (e); and
Division 2 "Small Business Waste Collection Service," Section 86-166 "Contract for
Garbage Collection" of the Code of Ordinances, Baytown, Texas, to increase the
collection rate.
f. City Council schedules public hearings on 2008-2009 tax rate - Finance
Department.
Consider an ordinance proposing to increase tax revenues from property on the tax roll in
the preceding year, setting two public hearings on such proposal to increase tax
revenues for the 2008-2009 fiscal year; and setting the meeting at which the City Council
will vote on the proposed tax rate.
g. Zoning Amendment 3606 W Baker - Planning Department.
Consider an ordinance amending the official zoning map of the City of Baytown
concerning a certain tract of land located on the north side of West Baker Road, east of
Village Lane, legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris
County, Texas from Urban Neighborhood to Mixed Use.
h. Zoning Amendment 101 South Robert Lanier - Planning Department.
Consider an ordinance amending the official zoning map of the City of Baytown
concerning certain tracts of land located at 101 South Robert Lanier, legally described as
TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. Scott Survey, Baytown, Harris
County, Texas from Mixed Use to Light Industrial.
i. First Reading Annexation 361 acres - Planning Department.
Consider an ordinance for the first reading of the ordinance annexing property currently
within the extraterritorial jurisdiction of the City of Baytown and being a 361-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.
j. Meet & Confer Agreement - Human Resources Department.
Consider an ordinance approving a Meet & Confer Agreement with the Baytown
Municipal Police Association, Inc.
6. PROPOSED RESOLUTIONS
a. Grant Application-Lowe's Charitable Foundation - Parks and Recreation.
Consider a resolution authorizing the City to submit a grant application to Lowe's
Charitable and Educational Foundation to purchase various amenities for a dog park.
7. CONSENT
a. Resolution: Chambers County Annual FAA Aerial Mosquito Control
Authorization - Health and EMS Department.
Consider a resolution authorizing the Chambers County Mosquito Control department to
use aerial application methods for the purpose of mosquito control within that portion of
Baytown that is within Chambers County.
b. Ordinance: Law Enforcement Services Agreement with GCCISD - Police
Department.
Consider an ordinance authorizing two agreements with Goose Creek Consolidated
Independent School District for law enforcement services.
c. Ordinance: Municipal Development District Interlocal for BNC Project - Parks
and Recreation Department.
Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal
Development District for funding up to $201,543 for the Baytown Nature Center –
Crystal Bay Shoreline Stabilization and Fishing Pier Project.
d. Ordinance: Renewing the contract with Holmes Murphy as Benefits Consultant
- Human Resources Department.
Consider an ordinance renewing the annual contract to Holmes Murphy for Benefits
Consultant/Broker.
e. Ordinance: Renewing the contract with OptumHealth Behavioral Solutions
(EAP) - Human Resources Department.
Consider an ordinance renewing the annual contract to OptumHealth Behavioral
Solutions (formerly United Behavioral Health) for Employee Assistance Program
Services (EAP).
f. Ordinance: Designating San Jacinto Medical Group for City Physician Services -
Human Resources Department.
Consider an ordinance renewing the annual contract to San Jacinto Medical Group for
City Physician Services.
g. Ordinance: Remove the statutory maximum contribution rate limit on TMRS -
Human Resources Department.
Consider an ordinance removing the statutory maximum contribution rate limit on Texas
Consider an ordinance removing the statutory maximum contribution rate limit on Texas
Municipal Retirement System.
h. Ordinance: Renewing of a Purchased Service Agreement with San Jacinto
Methodist - Human Resources Department.
Consider an ordinance renewing the Purchased Services Agreement with San Jacinto
Medical Group for an employee health clinic including the medical services, supplies and
location.
i. Ordinance: 2nd Renewal of the Annual Thermo Pavement Markings Contract
#062-08 - Finance Department.
Consider an ordinance awarding the second renewal of the annual Thermo Pavement
Markings Contract.
j. Ordinance: Authorize Expenditures for Residential Solid Waste Collection and
Disposal Services Contract (10-1-08) - Finance Department .
Consider an ordinance authorizing expenditures for the residential solid waste collection
and disposal services contract.
k. Ordinance: 3rd Renewal of the Annual Gasoline and Diesel Fuel Contract,
#024-09 - Finance Department.
Consider an ordinance awarding the third renewal of the annual gasoline and diesel fuel
contract.
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
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 office r.
9. ADJOURN