2008 10 09 CC Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
October 9, 2008
The City Council of the City of Baytown, Texas met in a regular meeting on October 9,
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
Bob Leiper Deputy City Manager
Kevin Troller Assistant City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member David
McCartney.
6:30 P.M. Mayor DonCarlos convened the October 9, 2008 regular meeting with a
quorum present.
1. MINUTES
a. Considered approval of the minutes from the September 16, 2008 and
September 22, 2008 special City Council meetings.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving the minutes from the September 16 and September 22, 2008 special City
Council meetings. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
Page 2 of 23 Minutes of the October 9, 2008 City Council Meeting
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.
Jessica Bitterly is a senior at Robert E. Lee High School. Ms. Bitterly is currently ranked
in the top ten percent of her class as an AP student athlete. She stays active in her school
with participation on the varsity cross country where she has served as captain, track, and
varsity soccer. She has not only been an asset to the Ganders in an athletic capacity. She
has also been involved with the Spanish club and historian for the Key Club. She has
been voted Student of the Month and also been voted to the Homecoming Court by her
peers.
Outside of the school, Ms. Bitterly stays active as a volunteer with her church, visits
nursing homes, donates food and clothing to the Bay Area Homeless Shelter, UNICEF,
Good Fellows, Relay for Life, Special Olympics and helping to keep Lee Drive trash
free. She has also received her Red Cross and YMCA certifications as a lifeguard and
swim instructor. Her spare time is spent enjoying the outdoors by hunting, fishing,
boating and horseback riding.
Jessica is an asset to our City and we honor her for her outstanding achievements and
service to this community. We congratulate Jessica on a job well done!
b. Citizen Communication - Mr. Wajih Rekik.
Mr. Wajih Rekik was not in attendance to address the City Council concerning the
Zoning Ordinance impacting his place of business.
c. Citizens Communication - Mr. Ken Williamson.
Mr. Ken Williamson addressed the City Council concerning the amount of money being
spent to build a special park for dogs.
d. Recognition: Employee of the Month (August) Award - Human Resources
Department.
Recognized the employee of the month: Matt Bailey.
e. Recognition: Years of Service Awards - Human Resources Department.
Recognized the employees for their dedicated years of service to the City of Baytown:
Kim Coutee, five years;
Page 3 of 23 Minutes of the October 9, 2008 City Council Meeting
Ronda Rivon, ten years;
Karen Horner, Lisa Coker, Paul Munoz, and Tracey Lindsey for 15 years;
Susan Williams, 30 years.
3. PUBLIC HEARINGS
The first Public Hearing was Agenda Item 3b.
a. Public Hearing: 6:45 P.M. - Second Public Hearing to Increase Total Tax
Revenues - Finance.
City Manager Brumback summarized the agenda item.
Conducted a public hearing at 6:45 P.M. on a proposal to increase total tax revenues from
properties on the tax roll in the preceding tax year by 4.4 percent. Since the proposed tax
rate ($0.78703) exceeds the effective tax ($0.75384), we are required to hold two public
hearings to afford adequate opportunity for proponents and opponents of the tax increase
to present their views. Individual taxes may increase at a greater or lesser rate, or even
decrease, depending on the change in the taxable value of property in relation to the
change in taxable value of all other property and the tax rate that is adopted.
6:45 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
6:48 P.M. Mayor DonCarlos closed the public hearing.
The next public hearing was 3.d.
b. Public Hearing: Restated and First Amended Project Plan and Reinvestment
Zone Financing Plan for TIRZ No. 1.
Conducted a public hearing on Restated and First Amended Project Plan and
Reinvestment Zone Financing Plan for Reinvestment Zone Number One, City of
Baytown.
Deputy City Manager Leiper summarized the agenda item.
On July 24, 2008, the City Council acted to approve the Restated and First Amended
Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number
One, City of Baytown (the "Plan"). However, prior to such approval, the City Council is
required to hold a public hearing pursuant to the Tax Increment Financing Act. As such,
this is the requisite public hearing, which was advertised in The Houston Chronicle
on October 2, 2008. An item has been placed on this agenda for Council to ratify
Ordinance No. 10,923 passed by the City Council on July 24, 2008, and to adopt the
Page 4 of 23 Minutes of the October 9, 2008 City Council Meeting
Plan. At this hearing interested persons will be given the opportunity to speak for or
against the Plan, as amended.
6:42 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
6:44 P.M. Mayor DonCarlos closed the public hearing.
The next public hearing was 3.c.
c. Public Hearing: Amendments Chapter 126 Subdivision Fire Lane Easements
- Planning Department.
Conducted a public hearing regarding amending Chapter 126 "Subdivision" of the City of
Baytown Code of Ordinance, by amending Section 126-382 "Plat Required"; and
amending Section 126-383 "Plat contents, preparation and filing" by allowing
easements for the dedication of fire lanes in lieu of filing a fire lane plat.
City Manager Brumback summarized the agenda item.
This proposed amendment to Chapter 126 "Subdivision" of the City of Baytown Code of
Ordinance is to allow an easement be filed in lieu of filing a plat to dedicate a fire lane.
The current ordinance requires filing a plat in order to dedicate fire lanes. In responding
to the request of local developers staff proposes an amendment to Chapter 126 which will
allow easements to be recorded in lieu of filing a plat. This proposed revision will shorten
the period for dedicating a fire lane. The Planning and Zoning Commission will meet on
October 1, 2008 to consider this amendment.
6:44 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
6:46 P.M. Mayor DonCarlos closed the public hearing.
The next public hearing was agenda item 3.a.
d. Public Hearing: Chapter 130 Zoning Text Amendment UN District -
Planning Department.
Conducted a public hearing regarding amending Chapter 130 “Zoning”, by amending
Section 130-472 "Permitted Uses" by adding new allowed uses in UN District; by
amending Section 130-571, "Use Table" by adding a new allowed use in UN District;
and by amending Section 130-572 “Supplementary Use Standards” of the City of
Baytown Code of Ordinances.
Page 5 of 23 Minutes of the October 9, 2008 City Council Meeting
City Manager Brumback summarized the agenda item.
This proposed amendment to Chapter 130 “Zoning” of the Code of Ordinances, Baytown,
Texas, is to provide for restaurants and eating establishments no more than 4000 square
feet with direct access to an arterial street to be located in a UN district. Drive-in facilities
are not allowed. The Planning and Zoning Commission will meet on October 1 to
consider this amendment.
6:49 P.M. Mayor DonCarlos opened the public hearing.
Mr. Harley Ponder, 115 Lazy Lane, Baytown, signed up to speak.
Mr. Shawn McDonald, 11 E. Sterling, Baytown, signed up to speak.
Mr. Mitchell Pearce, 4704 RippleCreek, Baytown, signed up to speak.
7:00 P.M. Mayor DonCarlos closed the public hearing.
e. Public Hearing: Zoning Amendment 3606 W Baker - Planning Department.
Conducted 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.
City Manager Brumback summarized the agenda item and recommended denial.
The proposed amendment to the official zoning map of the City of Baytown is to
reclassify certain tracts 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. The Planning and Zoning
Commission met on August 20, 2008 and voted unanimously to recommend the approval
of the zoning amendment.
7:12 P.M. Mayor DonCarlos opened the public hearing.
Mr. Mitchell Pearce, 4704 Ripple Creek, Baytown, signed up to speak.
7:16 P.M. Mayor DonCarlos closed the public hearing.
f. Public Hearing: Zoning Amendment 101 South Robert Lanier - Planning
Department.
Conducted 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 at TRS 3H-2 & 10, TRS 3H-2A & 10A,
ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light
Industrial.
Page 6 of 23 Minutes of the October 9, 2008 City Council Meeting
City Manager Brumback summarized the agenda item.
The proposed amendment to the official zoning map of the City of Baytown is to
reclassify 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. The Planning and Zoning
Commission met on August 20, 2008 and voted unanimously to recommend the approval
of the zoning amendment.
7:12 P.M. Mayor DonCarlos opened the public hearing.
Mr. Mike Boyd, 2200 W. Loop S 420, Houston, signed up to speak.
7:16 P.M. Mayor DonCarlos closed the public hearing.
g. Public Hearing: 0 Decker Drive - Planning Department.
Conducted a public hearing regarding the application of Claire Sinclair Properties for a
zoning amendment for property legally described as TR 9E, Abstract 840, H. Whiting
Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial.
City Manager Brumback summarized the agenda item.
The proposed amendment to the official zoning map of the City of Baytown is to
reclassify certain tracts of land located on Decker Drive at Wade Road, legally described
as TR 9E, Abstract 840, H. Whiting Survey, Baytown, Harris County, Texas from Mixed
Use to Light Industrial. This proposed zoning amendment to light industrial is to support
an industrial warehouse facility. The Planning and Zoning Commission met on October
1, 2008 and voted unanimously to recommend the approval of the zoning amendment.
7:16 P.M. Mayor DonCarlos opened the public hearing.
Ms. Claire Sinclair signed up to speak.
7:22 P.M. Mayor DonCarlos closed the public hearing.
4. PROPOSED ORDINANCES
a. Ordinance 10,982 Ratifying Ordinance 10, 923 and Adopting the Plan for
TIRZ No. 1.
Ordinance 10,982 ratified Ordinance 10,923, adopted by the City Council on July 24,
2008, and adopting the Restated and First Amended Project Plan and Reinvestment Zone
Financing Plan for Reinvestment Zone Number One, City of Baytown.
Deputy City Manager Bob Leiper summarized the agenda item.
Page 7 of 23 Minutes of the October 9, 2008 City Council Meeting
Ordinance 10,982 ratified Ordinance 10,923, adopted by the City Council on July 24,
2008, and adopts the Restated and First Amended Project Plan and Reinvestment Zone
Financing Plan (the "Plan") for Reinvestment Zone Number One, City of Baytown. The
Reinvestment Zone Number One, City of Baytown, was created by City Council on
August 1, 2001 and enlarged on November 20, 1991, and January 22, 2004. The original
Project Plan and Financing Plan was adopted by City Council on December 13, 2001.
With the County's recent agreement to participate in the Zone, the removal of mall
project costs and addition of the John Martin project, it is necessary to update and amend
the Zone Project Plan and Financing Plan. The TIRZ Consultant has changed the Plan to
reflect the current and proposed boundaries and projects of the Zone. The Redevelopment
Authority Board, the TIRZ Board, and the Harris County Commissioners Court have
approved the revised Plan. The City Council has held the requisite public hearing and
now can act to ratify Ordinance 10,923 and adopt the Plan.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving Ordinance 10,982. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RATIFYING CITY OF BAYTOWN
ORDINANCE NO. 10,923 PASSED BY THE CITY COUNCIL ON
JULY 24, 2008; APPROVING THE RESTATED AND FIRST
AMENDED PROJECT PLAN AND REINVESTMENT ZONE
FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE,
CITY OF BAYTOWN; AUTHORIZING THE CITY CLERK TO
DISTRIBUTE SUCH PLANS; CONTAINING VARIOUS PROVISIONS
RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Second and Final Reading N. Main Annexation - Planning.
Ordinance 10,942 annexed property currently within the extraterritorial jurisdiction of the
City of Baytown and being property along N. Main Street from the Baytown Fairgrounds
to north of Wallisville Road and then crossing N. Main Street to encompass the school
property (Goose Creek Memorial High School), in Harris County, Texas.
Page 8 of 23 Minutes of the October 9, 2008 City Council Meeting
City Manager Brumback summarized the agenda item.
This ordinance annexed property currently within the extraterritorial jurisdiction of the
City of Baytown and being property along N. Main Street from the Baytown Fairgrounds
to north of Wallisville Road and then crossing N. Main Street to encompass the school
property (Goose Creek Memorial High School). This is the second and final reading of
this ordinance. The annexation is by petition of the property owners and facilitates
Memorial High School coming into the city limits. The first and second public hearings
were held on July 24, 2008.
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving the second reading of Ordinance 10,942. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: 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, (VI) A
PORTION OF TRACT 8, ABSTRACT 21 OF THE G. ELLIS SURVEY,
HARRIS ELLIS SURVEY, HARRIS COUNTY, TEXAS, AND (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 THE G. ELLIS SURVEY, HARRIS
COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO
AND ADJOINT THE PRESENT BOUNDASRY LIMITS FOR THE
CITY OF BAYTOWN, TEXAS.
c. N. Main Annexation - Placing in a Council District - Planning.
Ordinance 10,983 placed the property annexed into the City of Baytown, specifically
property along N. Main Street from the Baytown Fairgrounds to north of Wallisville
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Road and then crossing N. Main Street to encompass the school property (Goose Creek
Memorial High School), in Council District 4.
City Manager Brumback summarized the agenda item.
The purpose of this item is to place the property annexed into the City of Baytown into
Council District No. 4.
Motion was made by Council Member Sain, seconded by Council Member McCartney
approving Ordinance 10,983. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ADDING (I) A PORTION OF TRACT 67 OF
THE G. ELLIS SURVEY, ABSTRACT NO. 21, 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, (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, (VI) 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 THE G. ELLIS SURVEY, HARRIS COUNTY,
TEXAS, TOCOUNCIL DISTRICT NO. 4; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
d. Chapter 126 Subdivision Fire Lane Easements Amendments - Planning.
Ordinance 10,984 amended Chapter 126 "Subdivision" of the City of Baytown Code of
Ordinances, by amending Section 126-382 "Plat Required"; and amending Section 126-
Page 10 of 23 Minutes of the October 9, 2008 City Council Meeting
383 "Plat contents, preparation and filing" by adding easements to dedicated fire lanes in
lieu of filing a fire lane plat.
City Manager Brumback summarized the agenda item.
This proposed amendment to Chapter 126 "Subdivision" of the City of Baytown Code of
Ordinance is to allow an easement be filed in lieu of filing a plat to dedicate a fire lane
easement. The current ordinance requires filing a plat in order to dedicate fire lanes. In
responding to the request of local developers staff proposes an amendment to Chapter
126 which will allow easements to be recorded in lieu of filing a plat. This proposed
revision will shorten the period for dedicating a fire lane. All reviewing city departments
in the Development Review Committee (DRC) process support this amendment. The
Planning and Zoning Commission met on October 1, 2008 and voted unanimously to
recommend this ordinance.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving Ordinance 10,984. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,984
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 126 “SUBDIVISIONS,”
ARTICLE III “DEVELOPMENTS,” DIVISION 3 “COMMERCIAL
DEVELOPMENTS,” SECTION 126-382 “PLAT REQUIRED” AND
SECTION 126-383 “CONTENTS, PREPARATION AND FILING” OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
AUTHORIZE THE DEDICATION OF A FIRE LANE EASEMENT VIA
A SEPARATE INSTRUMENT RATHER THAN SOLELY ON A PLAT;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/100 ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
e. Chapter 130 Zoning Text Amendment UN District - Planning.
Ordinance 10,985 amended Chapter 130 “Zoning”, by amending Section 130-1
"Definitions" by adding a definition of "restaurant"; by amending Section 130-472
"Permitted Uses" by adding a new allowed use in UN District; by amending Section 130-
Page 11 of 23 Minutes of the October 9, 2008 City Council Meeting
571, "Use Table" by adding a new allowed use in UN District; and by amending Section
130-572 “Supplementary Use Standards” of the City of Baytown Code of Ordinances.
City Manager Brumback summarized the agenda item.
This proposed amendment to Chapter 130 “Zoning” of the Code of Ordinances, Baytown,
Texas, provides for restaurants of no more than 4000 square feet with direct access to an
arterial street to be located in a UN district. It does not allow drive-in facilities. Many
property owners have requested to place restaurants in the UN zoning category over the
years. This responds to those many requests by allowing neighborhood-sized restaurants
in the UN zoning district and protects neighborhoods by requiring access from an arterial
street. The Planning and Zoning Commission met on October 1, 2008, and tabled this
item directing staff to bring the ordinance back with additional performance standards,
like sound barriers. There was also discussion concerning allowing drive through
restaurants in the urban neighborhood zoning category and restaurants considerably
larger than 4000 square feet.
Motion was made by Council Member Capetillo, seconded by Council Member Caskey
approving Ordinance 10,985. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, Sheley and
Mayor DonCarlos.
Nays: Council Member McCartney.
The motion carried.
ORDINANCE 10,985
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 130 “ZONING,”
ARTICLE 9 “IN GENERAL,” SECTION 130-1 “DEFINITIONS”;
ARTICLE VI “DISTRICT REGULATIONS,” DIVISION 3 “UN URBAN
NEIGHBORHOOD DISTRICT,” SECTION 130-472 ‘PERMITTED
USES”; ARTICLE VII “SUPPLEMENTARY DISTRICT
REGULATIONS”, DIVISION 2 “USES,” SECTION 130-571 “USE
TABLE” AND SECTION 130-572 “SUPPLEMENTARY USE
STANDARDS” OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ALLOW CERTAIN RESTAURANTS TO BE LOCATED
WITHIN AN UN URBAN NEIGHBORHOOD DISTRICT;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING
FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF.
f. Zoning Amendment 3606 W Baker - Planning Department.
Page 12 of 23 Minutes of the October 9, 2008 City Council Meeting
Considered 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.
The proposed amendment to 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.
The City Manager summarized the agenda item.
The proposed amendment to the official zoning map of the City of Baytown is to
reclassify certain tracts 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. The Planning and Zoning
Commission met on August 20, 2008 and voted unanimously to recommend the approval
of the zoning amendment.
Motion was made by Council Member McCartney, seconded by Council Member Sheley
approving an ordinance. The vote was as follows:
Ayes: Council Members: McCartney and Sheley.
Nays: Yepez, Caskey, Capetillo, Sain and Mayor DonCarlos.
The motion failed.
g. Nuisances within 5,000 of the corporate limits
Considered a proposed ordinance amending Chapter 42 “Health and Sanitation," Article
II “Public Health Hazards,” Division 2 “Public Health Nuisances,” Section 42-62
“Maintenance of premises,” subsection (b) of the Code of Ordinances, Baytown, Texas,
to extend public nuisance regulations to all persons within 5,000 feet from the city limits.
The proposed ordinance amends Chapter 42 “Health and Sanitation," Article II “Public
Health Hazards,” Division 2 “Public Health Nuisances,” Section 42-62 “Maintenance of
premises,” subsection (b) of the Code of Ordinances, Baytown, Texas to extend public
nuisance regulations to all persons within 5,000 feet from the city limits. Section
217.042 of the Texas Local Government Code provides that the City may define and
prohibit nuisances not only within the city limits but also within 5,000 outside the limits.
Currently, Section 42-62 prohibits business from maintaining nuisances that would be
detrimental to the health and safety of the citizens of the City within 5000 feet of the City
limits. This proposed ordinance would prohibit all persons, not just businesses, from
permitting or maintaining such a nuisance.
City Manager Brumback summarized the agenda item.
Page 13 of 23 Minutes of the October 9, 2008 City Council Meeting
It was recommended by the City Council to table this item.
h. Zoning Amendment 101 South Robert Lanier - Planning Department.
Ordinance 10,986 amended 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.
City Manager Brumback summarized the agenda item.
The proposed amendment to the official zoning map of the City of Baytown is to
reclassify 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. This property contains an existing
light industrial use. Applicant has requested a variance to some of the buffer
requirements. Staff reported the outcome of the variance request at the Council meeting.
Motion was made by Council Member McCartney, seconded by Council Member Sheley
approving Ordinance 10,986. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,986
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 TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. SCOTT SURVEY,
BAYTOWN, HARRIS COUNTY, TEXAS, FROM A MIXED USE
ZONING DISTRICT TO A LIGHT INDUSTRIAL 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.
i. Zoning Amendment 0 Decker Drive - Planning Department.
Ordinance 10,987 amended the official zoning map of the City of Baytown concerning a
certain tract of land located on Decker Drive at Wade Road, legally described as TR 9E,
Page 14 of 23 Minutes of the October 9, 2008 City Council Meeting
Abstract 840, H. Whiting Survey, Baytown, Harris County, Texas from Mixed Use to
Light Industrial.
City Manager Brumback summarized the agenda item.
The proposed amendment to the official zoning map of the City of Baytown is to
reclassify certain tracts of land located on Decker Drive at Wade Road, legally described
as TR 9E, Abstract 840, H. Whiting Survey, Baytown, Harris County, Texas from Mixed
Use to Light Industrial. This is a 7.297 acre tract surrounded by industrial uses. The
criteria set forth in the code for supporting a rezoning at this location are met and are
addressed in detail in the attached staff report. The Planning and Zoning Commission met
on October 1, 2008, and voted unanimously to recommend approval of this ordinance.
Ms. Claire Sinclair, 4518 Parkleaf, Baytown, signed up to speak.
Motion was made by Council Member Sain, seconded by Council Member McCartney
approving Ordinance 10,987. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,987
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 TR 9E, ABSTRACT 840, H. WHITING SURVEY, BAYTOWN,
HARRIS COUNTY, INDUSTRIAL 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.
j. Terminating the Declaration of Local Disaster - Legal.
Ordinance 10,988 terminated the Declaration of Local Disaster.
City Manager summarized the agenda item.
Ordinance 10,988 terminated the Declaration of Local Disaster, which was issued by the
Mayor on September 10, 2008, and extended by the City Council on September 16, 2008.
The Texas Disaster Act of 1975 provides that such state of local disaster may be
Page 15 of 23 Minutes of the October 9, 2008 City Council Meeting
terminated by the governing body of a political subdivision. This ordinance terminates
the disaster declaration, as the conditions necessitating the proclamation of a local state of
disaster have ceased to exist.
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
approving Ordinance 10,988. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
Council Member Caskey had stepped away from the dais.
The motion carried.
ORDINANCE 10,988
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, TERMINATING THE DISASTER
DECLARATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
5. PROPOSED RESOLUTIONS
a. Fire Prevention Week Resolution for October 5-11, 2008 - Fire Department.
Resolution 1947 declaring October 5-11, 2008 as Fire Prevention Week for the City of
Baytown.
Fire Chief Shon Blake summarized Resolution 1947.
Resolution 1947 will declare that October 5-11, 2008, as Fire Prevention Week for the
City of Baytown in an effort to assist the National Fire Protection Association in
spreading Fire Safety Messages concerning home fires. This year's theme is "Fire
Prevention Week; Prevent Home Fires."
Motion was made by Council Member Sheley, seconded by Council Member Yepez
approving Resolution 1947. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
Page 16 of 23 Minutes of the October 9, 2008 City Council Meeting
RESOLUTION 1947
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, SUPPORTING THE NATIONAL FIRE
PROTECTION ASSOCIATION’S EFFORTS TO SPREAD FIRE
SAFETY MESSAGES; DECLARING THE WEEK OF OCTOBER 5-11,
2008, AS FIRE PREVENTION WEEK; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Grant Application: Lowe's Charitable Foundation - Parks and Recreation.
Resolution 1948 authorized the City to submit a grant application to Lowe's Charitable
and Educational Foundation to purchase various amenities for a dog park.
City Manager Brumback summarized the agenda item.
Resolution 1948 authorizes the City to submit a grant application to the Lowe's
Charitable and Educational Foundation (LCEF) to purchase various amenities for a future
dog park. LCEF supports community improvement projects including, but not limited to:
park/neighborhood beautification and enhancements; building, repair/renovation and
landscaping enhancements of facilities serving the community; and community garden,
park, or playground projects. If awarded, funding will be used by the Parks and
Recreation Department to purchase shade structures, ADA-compliant drinking fountains
with dog bubblers, park benches and signage for a bark park. LCEF requires no matching
funds.
Motion was made by Council Member Yepez, seconded by Council Member Sheley
approving Resolution 1948. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION 1948
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
MAKE APPLICATION TO THE LOWE’S CHARITABLE AND
EDUCATIONAL FOUNDATION FOR THE PURPOSE OF
PURCHASING VARIOUS AMENITIES FOR A DOG PARK;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM
Page 17 of 23 Minutes of the October 9, 2008 City Council Meeting
ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Resolution 1949: Designating a representative and an alternate for the H-
GAC General Assembly
Resolution 1949 designates a representative and an alternate for the General Assembly of
the Houston-Galveston Area Council for the 2009 year.
City Manager summarized the agenda item.
Resolution 1949 designates a representative and an alternate for the General Assembly of
the Houston-Galveston Area Council for the 2009 year. H-GAC's Bylaws authorize
Council to select one member and one alternate member to serve as representatives for
both the General Assembly and the Board of Directors.
Council's 2008 representative to the General Assembly is Council Member Brandon
Capetillo with Mayor Stephen DonCarlos serving as the alternate. The 2009
representatives will begin their terms of office at the first of January, 2009.
Motion was made by Council Member Sain, seconded by Council Member Yepez
approving Resolution 1949. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION NO. 1949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S
REPRESENTATIVE AND ALTERNATE TO THE GENERAL
ASSEMBLY OF THE HOUSTON-GALVESTON AREA COUNCIL
FOR THE YEAR 2009; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
6. MOTIONS
a. Performance Review: Municipal Court Judge.
Discussed and took appropriate action regarding the Municipal Court Judge's annual
performance review and compensation adjustment.
Page 18 of 23 Minutes of the October 9, 2008 City Council Meeting
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving a 5% salary increase for Municipal Court Julie Escalante.
The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
b. Performance Review: City Manager - City Council.
Discussed and took appropriate action regarding the City Manager's annual performance
review and compensation adjustment.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving a 5% salary increase for City Manager Garrison C. Brumback. The vote was
as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
7. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving Consent Agenda Items 7.a., 7.b., 7.c., 7.d., 7.e., and 7.f. The vote was as
follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
a. Ordinance 10,989: Approved payment to TxDOT for the city's portion of the
Goose Creek Trail Phase IV Project - Parks and Recreation.
Ordinance 10,989 approved the payment of $153,098.93 to the Texas Department of
Transportation for the City’s funding participation for the Goose Creek Stream Phase IV
Trail.
Page 19 of 23 Minutes of the October 9, 2008 City Council Meeting
The total project estimate is $1,088,192.94 with $870,554.35 in federal Congestion
Mitigation Air Quality (CMAQ) matching funds; the City’s match is $217,638.59. Since
the City has already paid $8,000.00 in TxDOT Review Cost and has paid $56,539.65 for
our part of the Design Cost the amount owed by the City is $153,098.93. The total
20%/80% CMAQ federal funds available are $1,144,012.00. The construction estimate
for the project is $566,380.06 with the City’s portion being $113,276.01.
The City’s match will be provided by the Municipal Development District. The MDD
board approved expenditures up to $350,000 for the project at their November 6, 2001
meeting.
In the late 1990’s, the City was notified that the efforts of the Goose Creek Stream
Development Committee and staff had been rewarded with a $1,144,012.00 Congestion
Mitigation Air Quality (CMAQ) grant. The project will build approximately 1.25 miles of
trail along Goose Creek from Goose Creek Park, under the Decker and Park Street
bridges and end at Garth Road and Shillings Street. A secondary trail was planned to
connect to the Central Little League Park trails on Garth Road. Engineering on the
pedestrian trail began in December 2002. However; several land issues stopped the trail
from completing the project to the Garth Road/Shillings Street Trail Head. The Goose
Creek Stream Development Committee and staff requested the trail to be shortened to
end near the Decker Road bridge in September 2007. The trail will now be .66 miles
long.
The project is scheduled to be let by TxDOT on either December 4th or 5th. Construction
is expected to begin after the first of the year.
The Parks and Recreation Advisory Board approved the project at the October 1, 2008
regular meeting.
Ordinance 10,989 approved the payment of $153,098.93 to the Texas Department of
Transportation for the City’s funding participation for the Goose Creek Stream Phase IV
Trail.
ORDINANCE 10,989
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING PAYMENT OF ONE
HUNDRED FIFTY-THREE THOUSAND NINETY-EIGHT AND 93/100
DOLLARS ($153,098.93) TO THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE CITY’S FUNDING PARTICIPATION
FOR THE GOOSE CREEK STREAM PHASE IV TRAIL PROJECT;
MAKING PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Page 20 of 23 Minutes of the October 9, 2008 City Council Meeting
b. Ordinance 10,990: Harris County Fire Protection Services Agreement - Fire
Department.
Ordinance 10,990 authorized an Interlocal agreement with Harris County for fire
protection services in an unincorporated area of Harris County. This contract will be
effective until April 30, 2009, and generally contains the same terms and conditions as
those in previous agreements. The amount to be paid under the agreement is $21,000.
The agreement recognizes that this amount is only to defray the cost of fire protection
services and is not meant to completely cover the City's costs. Therefore, the City may
bill responsible parties for services.
ORDINANCE 10,990
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION
SERVICES IN AN UNINCORPORATED AREA OF HARRIS
COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
c. Ordinance 10,991: MDD Interlocal for Transfer of Property
Ordinance 10,991 authorized an Interlocal agreement with the Baytown Municipal
Development District for the transfer of property on Texas Avenue. Pursuant to the
agreement, the MDD will convey the property conveyed to it by Goose Creek Infill
Housing 1; LTD, and the City will use or lease the property as a theater, entertainment
venue or other authorized development project. The MDD approved this agreement at its
meeting on October 2, 2008.
ORDINANCE 10,991
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 THE TRANSFER OF
PROPERTY OF TEXAS AVENUE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Ordinance 10,992: Contract with the Bay Area Rehabilitation Center
(BARC) - Parks and Recreation.
Ordinance 10,992 approved a contract with the Bay Area Rehabilitation Center (BARC)
formerly known as the Baytown Opportunity Center for park cleaning, janitorial services
and litter removal in the amount of $92,754.00.
Page 21 of 23 Minutes of the October 9, 2008 City Council Meeting
This contract covers a 12-month period of park clean up and janitorial services. It covers
weekday litter cleanups and janitorial services at the Gray Sports Complex from February
through September, and park cleanup at Bicentennial Park following the July 4th
Celebration. The contract also includes weekday janitorial services of the public restroom
at Roseland Park and Jenkins Park and weekday cleanup of the restroom and pavilion
facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months.
Clean up at the Baytown Skate Park increased from three to five days a week and added
clean up at the new Baytown Skate Park 2 at Unidad Park.
The cost of the contract has increased $9,003.12 or 10.7 % mainly due to the addition of
the cleanup at the Baytown Skate Park 2.
The Girls Fast-pitch Softball Association will reimburse the City for the cleaning of the
facilities around the fields used during GFSA during GFSA games and tournaments.
Mark Alexander, Executive Director of the Bay Area Rehabilitation Center, has reviewed
the proposed contract and has indicated that it meets with his approval.
ORDINANCE 10,992
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 CONTRACT WITH BAY AREA REHABILITATION CENTER FOR
PARK CLEANING AND LITTER REMOVAL; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED NINETY-TWO THOUSAND SEVEN HUNDRED FIFTY-
FOUR AND NO/100 DOLLARS ($92,754.00); MAKING OTHER
PROVISIONS RELATED THERETO AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Ordinance 10, 993: Industrial District Agreement with Cedar Crossing
Distribution Center No 1, L.P. - Legal.
Ordinance 10,993 authorized an Industrial District Agreement with Cedar Crossing
Distribution Center No. 1, L.P., for a seven-year period. The first payment pursuant to
this agreement will be for the tax year 2008. The base year value is $52,430. The
agreement is in conformity with the policies adopted by the City Council for companies,
which did not have an industrial district agreement in effect on July 26, 2003, in the
City’s industrial districts.
ORDINANCE 10,993
Page 22 of 23 Minutes of the October 9, 2008 City Council Meeting
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH CEDAR CROSSING DISTRIBUTION CENTER
NO. 1, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
f. Ordinance 10,994: Interlocal agreement with the MDD for improvements at
the Wayne Gray Sports Complex.
Ordinance 10,994 authorized an Interlocal agreement with the Baytown Municipal
Development for improvements at the Wayne Gray Sports Complex. Several small
projects including parking lot lighting on the East Road side of the Wayne Gray Sports
Complex and trails are included in this project. The Parks and Recreation Department
plans to relocate the Field G poles and lights to light the east side large parking areas.
Conduit was placed prior to the renovation of the parking lots in anticipation of this
project. Three poles with lights will be placed evenly in the area between the parking lots
and East Road. One pole will be placed by the north parking lot on the East Road side.
The lighting will face the park and will not impact the neighbors. Replacement of
approximately 500 feet of asphalt trail with 8 foot wide concrete trail will also be
included in the project. Pursuant to the agreement, the MDD will fund up to $125,000
for this project.
ORDINANCE 10,994
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
IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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.
9. MANAGER'S REPORT
Page 23 of 23 Minutes of the October 9, 2008 City Council Meeting
a. Hurricane Ike Recovery Update.
Received an update on the recovery from Hurricane Ike from City Manager Brumback.
A presentation was made by Olivia Humilae for the U.S. Small Business Association for
the purpose of low interest loans.
10. ADJOURN
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
adjourning the October 9, 2008 regular meeting. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
8:25 P.M. Mayor DonCarlos adjourned the regular City Council meeting of October 9,
2008.
______________________________
Kaythie Darnell, City Clerk
City of Baytown