2013 10 01 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
October 1,2013
TheCityCouncil of theCity of Baytown,Texas,metinaSpecialMeetingonTuesday,October
1,2013,at4:30P.M.intheCouncil Chamber of theBaytownCityHall,2401MarketStreet,
Baytown,Texas withthe following in attendance:
Brandon Capetillo Council Member
Robert Hoskins Council Member
Terry Sain Council Member
Stephen H.DonCarlos Mayor
RobertD.Leiper City Manager
KarenHorner Assistant City Attorney
LeticiaBrysch City Clerk
Keith Dougherty Sergeant atArms
Mayor DonCarlos convenedtheOctober1,2013,CityCouncilSpecialMeetingwithaquorum
presentat4:30P.M.,allmemberswerepresent,withthe exception of Council Member Mercedes
RenteriaIII,CouncilMemberDavidMcCartneyandCouncilMemberScottSheleywhowere
absent.
1.PUBLIC HEARING
a.Conduct the second public hearing regarding a proposal to increase total tax
revenueform properties on the tax roll in the preceding tax year by 1.79 percent.
MayorDonCarlosopenedthesecondpublichearingregardingaproposaltoincreasetotaltax
revenues from properties onthetaxtollinthe preceding taxyearby 1.79 percentat 4:31 p.m.
Therebeingnoonesigneduptospeakonthisitem,MayorDoCarlosaskedtheCityManagerto
summarize thetopic of the hearing.
City Manager Leiperstatedthatthisisthesecondfirstpublichearing regarding aproposalto
increase totaltax revenues from properties onthetaxrollinthe preceding taxyearby1.79
percent,whichisthepercentagebywhichproposedtaxrateexceedseffectivetaxratecalculated
underChapter26,TaxCode.Hefurtherstatedthatthefirstpublichearingforthisitemwasheld
September24,2013,at6:00p.m.Notice of bothpublichearingswerepostedontheCity'snotice
boards;websiteandcabletelevisionstationonFriday,September 13,2013,andpublishedinThe
BaytownSunonTuesday,September 17,2013.TheCityCouncilis scheduled totakeaction
approvingthetaxrateonMonday,October14,2013,at6:00p.m.
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October 1,2013
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Therebeingnooneelsedesiringtospeakonthisitem,MayorDonCarlosclosedthepublic
hearingat4:32p.m.
2.PROPOSED ORDINANCES
a.Consideranordinanceforthefirstreading of this voluntary annexation of
approximately 16.643acres of land situated inthe Ashbel Smith Survey,Abstract 954,just
west of Sjolander and south of 1-10in Harris County,Texas.
City Manager Leiper statedthat Ordinance No.12,373 isonthefirst reading fora voluntary
annexation of approximately 16.643 acres of landsituatedintheAshbelSmithSurvey,Abstract
954,just west of Sjolanderandsouth of I-10 inHarrisCounty,Texas.
He further stated thatthe applicant Mr.Sam Vallagomesa has indicated the proposed buyerof
the property intends to relocate anexisting large crane business from SH-146 in Baytown tothis
proposedlocation.Annexationisbeingrequestedinordertoextendcityutilitiestothesite.A
maphasbeenincludedwiththepackettoshowtheexactlocationofthe property.
OnAugust8,2013,theCityCouncilapproveda resolution grantingthepetitionanddirecting
stafftocreateaserviceplanfortheproposedareatobeannexed.Thefirstandsecondpublic
hearings regarding thisitemwerepostedonthe notice boardand website on August 29,2013,
published in the The Baytown Sun on August 28th,2013 and held on September 12 ,2013.
AmotionwasmadebyMayorProTernRobertC.HoskinsandsecondedbyCouncilMember
Brandon Capetillo approving Ordinance No.12,373.The votewasasfollows:
Ayes:MayorStephenH.DonCarlos,CouncilMemberBrandonCapetillo,
MayorProTernRobertC.Hoskins,andCouncilMemberTerrySain
Nays:None
Other:Council Member Mercedes Renteria III,Council Member David
McCartney,andCouncilMemberScott Sheley (Absent)
Approved
ORDINANCE NO.12,373
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,MAKING CERTAIN FINDINGS;PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN,TEXAS,AND THE ANNEXATION OF APPROXIMATELY
16.643ACRESOFLAND SITUATED INTHE ASHBEL SMITHSURVEY,
ABSTRACT 954,JUST WEST OF SJOLANDER ROAD AND SOUTH OF I-10
IN HARRIS COUNTY,TEXAS,WHICH SAID TERRITORY LIES
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ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN,TEXAS.
b.Consider anordinance authorizing a professional service agreement with Kimley-Horn
andAssociates,Inc.,fortheLandUse Assumptions andCapital Improvement PlanUpdate
Project.
City Manager Leiper stated that Ordinance No.12,374 authorizes a Professional Service
AgreementfortheBaytownLandUseAssumptionsandCapitalImprovementPlanProjectwith
Kimley Hornand Associates,Inc.,foran amount notto exceed $73,750.00.
HefurtherstatedthattheCity of Baytown's mostrecent amendment toitslanduse assumptions,
CIPandimpactfeeswereadoptedin 2011.This amendment tothePlanisnecessarytoincludea
variety of projectsintheCIPlist.InclusionintheCIP list makesprojectseligibleforfunding
throughimpactfees.
AmotionwasmadebyCouncilMember Terry Sainand seconded byMayorProTernHoskins
approving Ordinance No.12,374.The votewasasfollows:
Ayes:MayorStephenH.DonCarlos,Council MemberBrandonCapetillo,
Mayor ProTernRobertC.Hoskins,and Council Member Terry Sain
Nays:None
Other:Council Member Mercedes Renteria III,Council Member David
McCartney,and Council Member Scott Sheley (Absent)
Approved
ORDINANCE NO.12,374
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY HORN AND ASSOCIATES,INC.,FOR THE BAYTOWN
LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN
PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED SEVENTY-THREE THOUSAND SEVEN
HUNDREDFIFTYAND NO/100 DOLLARS ($73,750.00);MAKINGOTHER
PROVISIONS RELATED THERETO;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c.Consider an ordinance authorizing Earnest Money Contracts with the Mario Garcia
and Alberto Garcia for the purchase of approximately 35.56 acres located adjacent to and
south of E.Wallisville Road approximately 1,245feeteast of N.Main Street along the south
right-of-way line of E.Wallisville Road,and more particularly described as Tracts 8A-1
and 8A-2,Abstract 21,GEllis Survey,Harris County,Texas,Harris County,Texas.
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October 1,2013
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CityManagerLeiperstatedthat Ordinance No.12,375 authorizes EarnestMoney Contracts with
the Mario Garcia and Alberto Garcia forthe purchase of approximately 35.5625 acres located
adjacent toandsouth of E.Wallisville Road approximately 1,245feeteast of N.Main Street
alongthesouth right-of-way line of E.WallisvilleRoad,andmore particularly described as
Tracts8A-1and8A-2,Abstract 21,GEllisSurvey,Harris County,Texas,Harris County,Texas.
CityManagerLieperstatedthattheacquisitionsare contingent upon(i)aninspection report
satisfactorytotheCity,(ii)anenvironmentalsiteassessmentsatisfactorytotheCity,(iv)the
acquisition of bothproperties,(v)thededicationtotheCity of a1,830'x 30'strip of land off of
E.Wallisville Roadtotheeast of thethe property owned by Alberto Garcia,Texas and(vi)the
City Council's approval of the earnest money agreements.This property willbe used for
municipal purposes,namely fora 911 Emergency Communications and Information Data
Service Center and potentially a municipal park.
Hefurtherstatedthatthesalepriceshallbethelesser of $33,000peracreforeachpropertyor
theappraisedvalueforeach property as determined byanappraisalperformedattheCity's
expense.However,if thepropertiesappraiseatlessthan$33,000peracreforeachproperty,the
Sellersmayterminatetheearnestmoneycontractswithinfive calendar daysafter receipt of the
appraisal.Ifthecontractsarenotterminated,the closing dateshallbe October 31st orsevendays
after receipt of the appraisal whenall objections totitleandthe survey havebeencured.This
ordinance authorizes the expenditure of an amount notto exceed $1,173,562.00.
AmotionwasmadebyCouncilMemberBrandonCapetilloandsecondedbyMayorProTern
Hoskins approving Ordinance No.12,375.Thevotewasasfollows:
Ayes:Mayor Stephen H.DonCarlos,Council Member Brandon Capetillo,
MayorProTernRobertC.Hoskins,andCouncil Member Terry Sain
Nays:None
Other:Council Member Mercedes Renteria III,Council Member David
McCartney,andCouncilMemberScott Sheley (Absent)
Approved
ORDINANCE NO.12,375
AN ORDINANCE OFTHECITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING EARNEST MONEY CONTRACTS WITH
ALBERTO GARCIA AND MARIO GARCIA,FOR THE PURCHASE OF
PROPERTY FOR A MUNICIPAL PURPOSE;AUTHORIZING PAYMENT OF
A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO
EXCEED ONE MILLION ONE HUNDRED SEVENTY-THREE THOUSAND
FIVE HUNDRED SIXTY-TWO AND NO/100 DOLLARS ($1,173,562.00);
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October 1.2013
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MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
3.MANAGER'S REPORT
MayorDonCarlosremindedtheCouncilthathewouldnotbein attendance attheCity Council's
specialmeeting,scheduledfor October 14,2013,at6:00p.m.andthatMayorProTernHoskins
would serve as presiding officer inhis stead.
City Manager Leiper reminded theCouncilthattheyhadNationalNightOutthis evening and
thatthe most updated schedule wasattheir places onthedais.
City Manager Leiperalsoupdated the Council regarding thetwodogsthatwere reported stolen,
withonebeingdropped off attheAnimalShelterlastweek.I le statedthatNickWoolery,
AssistanttotheCity Manager reportedtotheCouncilandmedia,thatthe couple thathadfound
thetwodogsseenthemediareportand called thecityin order toreunitethe second dogwith
theirowner.The couple statedtheyhad kept the second animal because theyfearedthatitwould
notbeadoptedandcouldendupeuthanized;theywereverypleasedtohearthatthedogs were
wanted and were working with staff to re-unite thedogswith their owners.
4.ADJOURN
Withtherebeingnofurtherbusinesstodiscuss,Mayor DonCarlos adjourned the October I,
2013,City Council Special Meeting at 4:41 P.M.
Leticia Brys61if:Sity CI
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