DRAFT
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
January 24, 2013
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January
24, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brandon Capetillo
Robert Hoskins
David McCartney
Mercedes Renteria
Terry Sain
Scott Sheley
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Stephen H. DonCarlos
Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the January 24, 2013, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins.
1.
MINUTES
a.
Consider approving the City Council Work Session and City Council Regular
minutes for the meeting held on January 10, 2013.
Alan Hudgins registered to speak before Council regarding agenda item 1.a.
A motion was made by Council Member Scott Sheley and seconded by Council Member
Mercedes Renteria III approving the minutes of the January 10, 2013, City Council Work
Session and Regular Meeting. The voting was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
City Council Regular Meeting Minutes
January 24, 2013
Page 2 of 20
Nays: None
Approved
2.
RECOGNITIONS AND CITIZEN COMMUNICATIONS
a.
Ms. Michelle Phillips requested to address Council to thank Council and donors for
their support of Crusin' Texas Toy Drive and to give recognition to the Parks and
Recreation Department for their outstanding job.
Ms. Phillips was not present.
b.
Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus
years).
City Manager Leiper presented the agenda item to recognize City of Baytown employees for
their years of service (5, 10, 15 plus years).
5 Years:
Belinda McDowell-Morris, Environmental Health Specialist II
Bill Vola, Emergency Management Coordinator
10 Years:
Janie Garza, Police, Investigative Analyst
15 Years:
Eleazar Arellano, Parks & Recreation Crewleader
20 Years:
Carol Flynt, Human Resources & Civil Service Director
25 Years:
Myron Hellman, Patrol Office
c.
Recognize the participants of City of Baytown Leadership Development Program,
Class of 2012.
Matt Hartleib presented the agenda item and stated that the Baytown Leadership Development
Program was designed to enhance the leadership skills of employees and build stronger
interdepartmental relationships and efficiencies. Mr. Hartleib stated that participants experienced
a blend of interactive seminars tailored to the local government setting and application sessions
specific to City of Baytown issues and opportunities. He stated that the 2012 class developed the
recommendation for Employee Connection, our new employee newsletter, and provided content
for subsequent editions.
City Council Regular Meeting Minutes
January 24, 2013
Page 3 of 20
The Baytown Leadership Development Program 2012 Class members were:
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d.
Derrick Gaskin – Fire
Eric Freed – Police
Jason Cozza – City Clerk’s Office
Karen Jones – Municipal Court
Lesley Kholes – Library
Levi Masterson – ITS
Marti Lechner – Health
Meghan Reed – Finance
Nick Woolery – City Manager’s Office
Ronald Roberts – Fire
Steve Dorris – Police
Tony Gray – Health
Yusuf Langelier – Public Works
Scott Williams – Planning & Development
Ray Pheris – Communications
Present the Youth Advisory Commission Members for FY 2012-13.
Council Member Sheley presented the Youth Advisory Commission (YAC) Members for FY
2012-13 and Mayor DonCarlos presented the members with the Oath of Office.
3.
REPORTS
a.
Receive the City of Baytown's Comprehensive Annual Financial Report and Single
Audit Report for the fiscal year ending September 30, 2012.
City Manager Leiper presented the agenda item and stated that the City of Baytown's
Comprehensive Annual Financial Report and Single Audit Report for the year ending September
30, 2012, was being presented in accordance with Article II, Section 31 of the Charter.
Lauren Doughty, a representative from Belt Harris and Pechacek, LLLP, a public accounting
firm who conducted the independent audit, stated that they issued a clean unqualified opinion
which is the highest level of assurance that they provide. She stated that the City's total asset
was $508 million; the total liability was $231 million leaving a net asset of approximately $276
million.
b.
Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending December 31, 2012.
Louise Richman, Finance Director, presented the City of Baytown's Quarterly Financial and
Investment Reports for the Quarter ending December 31, 2012, and stated that the Finance subcommittee met on January 22, 2013, for a detailed review and analysis of these reports. She
stated that the expenditures are on budget, the sales tax revenues are strong, the IDA revenues
are higher than budgeted, the property tax collections are at 34% for the first quarter, and
City Council Regular Meeting Minutes
January 24, 2013
Page 4 of 20
investment returns are improving. Ms. Richman stated that the investment total for the end of the
first quarter was right at $137 million and that the debt issuance would be in the spring of 2013.
4.
MOBILITY PLAN
a.
Conduct a public hearing regarding the Baytown Mobility Plan.
At 7:16 P.M., Mayor DonCarlos opened and conducted the public hearing regarding
the Baytown Mobility Plan.
City Manager Leiper stated that the Baytown Mobility Plan is a comprehensive and multi-modal
plan to capture the City's goals as expressed in the 2007 Comprehensive Plan and 2008 Vision
Statement, updated by stakeholder meetings in 2011. He stated that the result is a technical
document containing a set of actionable infrastructure improvement projects, funding strategies
and mechanisms, and mobility policies, plans and maps to help mold the City’s future. City
Manager Leiper stated that in the past the thoroughfare plan was used which only viewed streets,
but the mobility plan provides direction regarding all aspects of mobility in Baytown including
the City’s major streets, sidewalks, hike and bike trails, bus routes, and even future commuter
rail.
Ms. Kelly Carpenter, Director of Planning and Development, stated that the Comprehensive Plan
adopted by Council in 2007 called for the preparing of a detailed transportation study and
thoroughfare plan to identify and prioritize specific improvements. She stated that a thoroughfare
plan is usually a map of the streets that are intended to be built which gives forethought for
future development and that the transportation study looks at all the issues surrounding
transportation. Ms. Carpenter stated that much work went into obtaining specific data to increase
eligibility for the studies being performed. Ms. Carpenter stated that there were twelve
alternatives in the plan for future study and that the Planning and Zoning Commission
recommended the Mobility Plan by unanimous vote which becomes part of the Comprehensive
Plan.
Ms. Tina Walker, a representative from URS Corporation (which prepared the plan) presented an
overview of the plan. She stated that the issue of freight was not considered in the 2007 effort for
the 2025 Comprehensive Plan and recommended updating the truck routing maps for the
thoroughfare plan. During further discussion of the plan, Ms. Walker stated that they
suggested considering having mobile development to concentrate on the commercial activity on
intersections instead of a strict development and having a business park buffer for the industrial
area.
Ms. Walker stated that the future land use map would be considered as a separate action upon
adoption of the thoroughfare plan and that the thoroughfare plan was extended to the ETJ. She
stated that 2007 thoroughfare plan map had a recommendation to connect an old established
neighborhood over into industrial which was removed because it would eventually cause a
problem with navigation for the commercial traffic.
City Council Regular Meeting Minutes
January 24, 2013
Page 5 of 20
In regards to Cedar Bayou Crossing, Ms. Walker stated that more data details, additional studies,
and public involvement would be needed before further recommendations could be provided.
Peter Bradley, Barbara “Jeana” Lawrence, Bryan Nethery, and Alan Hudgins all registered to
speak before the public hearing regarding agenda item 4.a.
Mr. Bradley requested that the Cedar Bayou Crossing Alternative 2B be removed from the
mobility plan before Council adopts the plan.
Ms. Lawrence recommended that the City defer approval of this plan until further discussion
with the impacted residents or if granting approval to remove option 2B entirely.
Mr. Netherly recommended that option 2B be removed and that Council not adopt this plan and
correct mistakes.
Mr. Hudgins made reference to street classifications for the Thoroughfare Plan and stated that his
residential street, Ferry Road, was not clearly identified. He stated that City records show that
Ferry Road has two street classifications and requested that the Ferry Road section of the map be
updated in agreement with City records, specifically the 2003 Traffic Study that documents the
small section as a local street.
Mayor DonCarlos closed the public hearing at 8:04 P.M.
b.
Consider an ordinance adopting the Baytown Mobility Plan.
City Attorney Ignacio Ramirez stated that this item would be considered by a resolution.
Mayor DonCarlos stated that he had concerns with the Alternative 2B of the Thoroughfare Plan
regarding homes being destroyed, which would be unacceptable. He stated that with the
growth in West Chambers County and East Harris County, the Cedar Bayou Crossing should be
done sooner than later. During further discussion of the different alternatives, City Manager
Leiper recommended revising staff’s recommendation and adopt the mobility plan with the
exception of omitting this entire section and with the direction of Council to budget next year for
an engineering study to be done. City Manager Leiper stated that the alternatives would not have
an impact on the construction of this road whether this section is in or out of the plan.
Mayor DonCarlos stated that he would ask for a provision to be put into the plan that whoever
puts the plan into effect considers the impact on the existing residential property owners. He
stated that he would be in favor of removing this section from the plan and having administration
put an engineering study in the budget for next year to begin figuring out how to get across
Cedar Bayou. During further discussion, City Manager Leiper inquired of Ms. Carpenter, if this
section was excluded from the mobility study could URS provide it to the City as preliminary
data alignment and be a standalone report. Ms. Carpenter stated that this could be provided as a
standalone report. Mayor DonCarlos inquired if the report could contain a provision that future
generations be considered. City Manager Leiper stated that it would be a staff report that would
City Council Regular Meeting Minutes
January 24, 2013
Page 6 of 20
be used as the basis when hiring an engineer to do a true alignment study. Additionally, Mayor
DonCarlos requested that Fox Drive be considered in the plan.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C. Hoskins approving Resolution No. 2223. There was no vote.
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem
Terry Sain to approve Resolution No. 2223 with an amendment of removing the alternative
section. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
RESOLUTION NO. 2223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE BAYTOWN MOBILITY PLAN; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
5.
JET OIL SPECIAL USE PERMIT
a.
Conduct the public hearing regarding a special use permit to Jet Oil Producers for
heavy industrial use in accordance with Chapter 130 "Zoning" of the Baytown Code of
Ordinances on approximately 3.2 acres of land located 300 feet east of State Highway 146
and 300 feet south of Farm to Market Road 565 along the east right-of-way of Shell Dock
Road, being legally described as Tracts 60A-0, 60A-0-1, 60B-0, 60B-0-1, 60B-0-2, and 60B0-3 out of the C Smith Survey, Abstract No. 22, Chambers County, Texas.
At 8:25 P.M., Mayor DonCarlos opened and conducted the public hearing regarding a special
use permit to Jet Oil Producers for heavy industrial use in accordance with Chapter 130 "Zoning"
of the Baytown Code of Ordinances on approximately 3.2 acres of land located 300 feet east of
State Highway 146 and 300 feet south of Farm to Market Road 565 along the east right-of-way
of Shell Dock Road, being legally described as Tracts 60A-0, 60A-0-1, 60B-0, 60B-0-1, 60B-02, and 60B-0-3 out of the C Smith Survey, Abstract No. 22, Chambers County, Texas.
City Manager Leiper stated that this was an application for a special use permit to allow for
a heavy industrial use on property that is currently zoned as Heavy Industrial (HI). He stated that
both HI zoning and a special use permit are required prior to the issuance of building permits for
heavy industrial uses over two (2) acres in size. He stated that the applicant, Jet Oil Producers, is
attempting to secure the special use permit in order to place an oil well and associated facilities
City Council Regular Meeting Minutes
January 24, 2013
Page 7 of 20
on the property. City Manager Leiper stated that the site is located southeast of the intersection
of SH 146 and FM 565, adjacent to and east of the right-of-way for Shell Dock Road. He stated
that the City Council approved a rezoning amendment for this property from NC and MU to MU,
LI and HI on October 11, 2011 (Ordinance No. 11,769). He stated that the city acted as applicant
in the case and recommended approval on the basis that the existing industrial character along
Cedar Bayou could be fostered and allowed to expand in a responsible manner by providing
buffer protection to nearby residents, businesses, and the environment through the provisions in
Chapter 130 "Zoning". City Manager Leiper stated that the Commission approved a landscape
variance on December 20, 2012, to reduce the required vegetative buffer along Shell Dock Road
from 100 feet to 90 feet. With the approved variance, the site plan conforms to all of the
requirements in Chapter 130.
Philip Osterhus and Alan Hudgins registered to speak before a public hearing regarding agenda
item 5.a.
Mr. Osterhus, a representative from Jet Oil, stated that their plan was essentially the same as
it was a year ago with exception of some adjustments made to conform with the planning
and development recommendations.
Mr. Hudgins inquired about the permit fees from Jet Oil to the City of Baytown.
Mayor DonCarlos closed the public hearing at 8:31 P.M.
b.
Consider granting a special use permit to Jet Oil Producers for heavy industrial use
in accordance with Chapter 130 "Zoning" of the Baytown Code of Ordinances on
approximately 3.2 acres of land located 300 feet east of State Highway 146 and 300 feet
south of Farm to Market Road 565 along the east right-of-way of Shell Dock Road, being
legally described as Tracts 60A-0, 60A-0-1, 60B-0, 60B-0-1, 60B-0-2, and 60B-0-3 out of the
C Smith Survey, Abstract No. 22, Chambers County, Texas.
An inquiry was made to Ms. Carpenter regarding the application being complete along with the
required fees being paid. Ms. Carpenter stated that the application, as well as, the fees was paid
for this special use permit.
City Manager Leiper stated that the Commission voted unanimously to approve the special use
permit on January 15, 2013.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C. Hoskins approving the Special Use Permit to Jet Oil Producers. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
City Council Regular Meeting Minutes
January 24, 2013
Page 8 of 20
Nays: None
Approved
6.
CHEVRON PHILLIPS DISANNEXATION/ANNEXATION
a.
Consider an ordinance of the second and final reading of the disannexation
of approximately 217.726 acres located at the northeast corner of Interstate 10 and
Sjolander Road.
b.
Consider an ordinance of the second and final reading of the annexation
of approximately 101.266 acres of land located at the northeast corner of Interstate 10 and
Sjolander Road.
c.
Consider an ordinance placing approximately 101.266 acres of land into the City of
Baytown generally located at the northeast corner of Interstate 10 and Sjolander Road in
the George Ellis Survey Abstract No. 21 and in the William Bloodgood Survey Abstract No.
4 into Council District No. 5.
City Manager Leiper presented the agenda item and requested that items 6.a., 6.b., and 6.c. be
considered together. He stated that this would complete the disannexation of 217.726
acres followed by the annexation of 101.266 acres of the Chevron property and putting it in
District 5. He stated that all practices, procedures, and postings were met.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 12,123, Ordinance No. 12,124, and Ordinance
No. 12,163. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE
DISANNEXATION OF APPROXIMATELY 217.726 ACRES LOCATED AT
THE NORTHEAST CORNER OF INTERSTATE 10 AND SJOLANDER
ROAD, WHICH SAID TERRITORY LIES WITHIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
City Council Regular Meeting Minutes
January 24, 2013
Page 9 of 20
ORDINANCE NO. 12,124
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
101.266 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF
INTERSTATE 10 AND SJOLANDER ROAD, WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS
FOR THE CITY OF BAYTOWN, TEXAS.
ORDINANCE NO. 12,163
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADDING APPROXIMATELY 101.266 ACRES OF LAND,
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
INTERSTATE 10 AND SJOLANDER ROAD IN THE GEORGE ELLIS
SURVEY ABSTRACT NO. 21 AND IN THE WILLIAM BLOODGOOD
SURVEY ABSTRACT NO. 4, HARRIS COUNTY, TEXAS, TO COUNCIL
DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
7.
PROPOSED ORDINANCES
a.
Consider an ordinance authorizing an Agreement for Emergency Services with
Harris County Emergency Services District No. 75.
City Manager Leiper presented the agenda item and stated that Harris County Emergency
Services District (ESD) No. 75 was authorized on November 08, 2011, by residents within the
district's territory. He stated that on May 12, 2012, the residents of this area elected the District's
first Board of Commissioners. He stated that under the proposed agreement, the City would
provide firefighting, fire suppression, emergency medical services, emergency medical first
responder and rescue within the District's boundaries; and the District would pay the City
$450,000.00 per year, subject to a CPI adjustment. City Manager Leiper stated that the
agreement (i) is for a three-year term; (ii) may be terminated by the City if the District fails to
make the requisite payments; (iii) may be terminated by either party with six months' prior
written notice; (iv) requires the City to respond to the District's territory only if personnel
equipment and supplies are available to do so; and (v) mandates that run reports be furnished by
the City to the District. He stated that this ESD agreement replaces the former annual contracts
for fire protection that the City executed with Harris County for many years.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem
Terry Sain approving Ordinance No. 12,164. The vote was as follows:
City Council Regular Meeting Minutes
January 24, 2013
Page 10 of 20
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12, 164
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 FOR
EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY
SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b.
Consider an ordinance authorizing the assignment of the earnest money contract for
the purchase of 315 W. Texas Avenue from Goose Creek Live-Work, LLC, to the City of
Baytown.
City Manager Leiper presented the agenda item and stated that Ordinance No.12,165 authorizes
the assignment of the earnest money contract for the purchase of 315 W. Texas Avenue from
Goose Creek Live-Work, LLC ("GCLW") to the City of Baytown. He stated that GCLW
entered into an earnest money contract for improved property to acquire the bank building next
door to the Brunson Theater effective January 8th. He stated that the sales price of the property
was $55,000, which is below the 2012 HCAD appraised value. City Manager Leiper stated that
GCLW is willing to assign the contract to the City of Baytown at no cost to the City, whereby
the City would assume GCLW's obligations under the earnest money contract and refund GCLW
the earnest money deposited with the title company.
City Manager Leiper stated that once assigned, the City would be working with the Title
Company and Prosperity Bank of Texas as the seller to close on the property. He stated that the
earnest money contract provides for a 45-day feasibility period in which the City may perform
inspections studies or assessments of the property and if the City determines it no longer desires
to pursue the acquisition of this property during such time, all of the earnest money shall be
tendered to the City except for $100 that would be retained by the seller. He stated that the
closing date would be 15 days after the expiration of the feasibility study, which would be March
08, 2013. City Manager Leiper stated that at the request of Mr. Presley, the earnest money
contract provides that the property would be conveyed in an "as-is" condition of the assignment
that the deed recorded restriction of no use as a bar or night club but does not restrict the use as a
restaurant that serves alcohol, which the City has no problem with.
A motion was made by Council Member Scott Sheley and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 12,165. The vote was as follows:
City Council Regular Meeting Minutes
January 24, 2013
Page 11 of 20
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ASSIGNMENT OF A COMMERCIAL
CONTRACT – IMPROVED PROPERTY WITH GOOSE CREEK LIVEWORK, LLC, FOR THE PURCHASE OF 315 W. TEXAS AVENUE,
BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A
PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT OF FIFTYFIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
c.
Consider an ordinance authorizing a Gateway Monument Agreement with the State
of Texas through the Texas Department of Transportation.
City Manager Leiper presented the agenda item and stated that Ordinance No.12,166 authorizes
a Gateway Monument Agreement with the State of Texas through the Texas Department of
Transportation ("TxDOT").
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 12,166. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,166
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 A GATEWAY MONUMENT AGREEMENT
WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF
City Council Regular Meeting Minutes
January 24, 2013
Page 12 of 20
TRANSPORTATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d.
Consider an ordinance setting the date, time and place for the public hearing
concerning the zoning map amendments associated with the Unified Land Development
Code.
City Manager Leiper presented the agenda item and stated that Ordinance No.12,167 sets
the public hearing concerning the zoning map amendments associated with the Unified Land
Development Code for March 14th at the City Council's regular meeting, which starts at 6:30
P.M.
City Manager Leiper stated that the Planning and Zoning Commission (the "Commission") will
hold public hearings regarding the remapping of the City of Baytown at 5:00 P.M., on February
12th and February 21st and thereafter, will issue a report along with a recommendation regarding
the mapping of the City with the new zoning district designations. He stated that after such report
is received by the City Council, the City Council may hold a public hearing concerning the
zoning map amendments. He stated that because the remapping of the City to the new zoning
district designations involves all properties within the City of Baytown, notices of the public
hearings of both the Commission and the City Council will be mailed to the owners of all
properties within the City and Ordinance No.12,167 sets the date of the City Council public
hearing that will be included in such notices.
A motion was made by Council Member David McCartney and seconded by Council Member
Brandon Capetillo approving Ordinance No. 12,167. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING
ON THE PROPOSED ZONING MAP AMENDMENTS ASSOCIATED WITH
THE UNIFIED LAND DEVELOPMENT CODE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
January 24, 2013
Page 13 of 20
8.
PROPOSED RESOLUTIONS
a.
Consider a resolution authorizing the publication of the notice of intent to sell
Combination Tax and Revenue Certificates of Obligation, Series 2013.
City Manager Leiper presented the agenda item and stated that Resolution No.2224 authorizes
the Notice of Intent (NOI) to issue Combination Tax and Revenue Certificates of Obligation,
Series 2013 (CO) is the first step in the process allowing the City to sell this debt.
The following table summarizes the projects funded by the 2013 Certificates of Obligation:
Aquatics Facility Expansion
Sewer Rehabilitation & Emergencies
Lift Station Rehabilitation
Sanitary/Water System Rehabilitation
Water System Rehabilitation
Estimated Cost of Issuance/Underwriter's Discount
$5,500,000
$1,000,000
$1,000,000
$8,000,000
$1,000,000
$ 300,000
Total Issue
$16,800,000
A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member David
McCartney approving Resolution No. 2224. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
RESOLUTION NO. 2224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE
CERTIFICATES
OF
OBLIGATION;
APPROVING
THE
PREPARATION OF ONE OR MORE PRELIMINARY OFFICIAL
STATEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b.
Consider a resolution designating the 2013 Baytown Youth Fair as a city cosponsored event for which an off-premise sign may be placed on city property pursuant to
Chapter 118 “Signs,” Article III “Regulations,” Division 4 “Location,” Subdivision IV
“Off-Premises Signs,” Section 118-358 “New Signs” of the Code of Ordinances, Baytown,
Texas, contingent upon the filing of the requisite application and assumption of liability.
City Council Regular Meeting Minutes
January 24, 2013
Page 14 of 20
City Manager Leiper presented the agenda item and stated that Resolution No. 2225 designates
the 2013 Baytown Youth Fair as a city co-sponsored event for which an off-premise sign may be
placed on city property pursuant to Chapter 118 “Signs,” Article III “Regulations,” Division 4
“Location,” Subdivision IV “Off-Premises Signs,” Section 118-358 “New Signs” of the Code of
Ordinances, Baytown, Texas, contingent upon the filing of the requisite application
and assumption of liability. He stated that this action would authorize the placement of a banner
across Garth Road, Decker Drive and W. Texas Avenue commencing 14 days prior to the event
and ending three days following the event.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Brandon Capetillo approving Resolution No. 2225. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
RESOLUTION NO. 2225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING THE 2013 BAYTOWN YOUTH FAIR AS A CITY
CO-SPONSORED EVENT FOR WHICH OFF-PREMISE SIGNS MAY BE
PLACED ON CITY PROPERTY PURSUANT TO CHAPTER 118 “SIGNS,”
ARTICLE III “REGULATIONS,” DIVISION 4 “LOCATION,” SUBDIVISION
IV “OFF-PREMISES SIGNS,” SECTION 118-358 “NEW SIGNS” OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE
FILING OF THE REQUISITE APPLICATION AND ASSUMPTION OF
LIABILITY; DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY
BE PLACED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9.
CONSENT
All Consent Agenda items listed are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Council
Member requests, in which event the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda.
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving consent agenda items 9.a. through 9.j. The vote was as follows:
City Council Regular Meeting Minutes
January 24, 2013
Page 15 of 20
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council Member
Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley
Nays: None
Approved
a.
Consider an ordinance authorizing an interlocal agreement with Harris County for
the purchase and installation of transit shelters.
ORDINANCE NO. 12,168
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
HARRIS COUNTY FOR THE CONSTRUCTION OF TRANSIT SHELTERS;
AUTHORIZING PAYMENT FOR MATERIALS AND IN-KIND LABOR BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY
THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($20,600.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b.
Consider an ordinance awarding a construction contract to JC Stonewall
Constructors, LP, for the City Council Chamber Renovation Project.
ORDINANCE NO. 12,169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF J C STONEWALL CONSTRUCTORS,
LP, FOR THE CITY COUNCIL CHAMBER RENOVATION PROJECT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH J C
STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AUTHORIZING
PAYMENT NOT TO EXCEED THE SUM OF THREE HUNDRED NINE
THOUSAND AND NO/100 DOLLARS ($309,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c.
Consider an ordinance authorizing the Professional Services Contract for the Bay
Oaks Harbor Road Improvement Project with Busch, Hutchinson and Associates, Inc.,
d/b/a Hutchinson & Associates.
ORDINANCE NO. 12,170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
City Council Regular Meeting Minutes
January 24, 2013
Page 16 of 20
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL
SERVICES
AGREEMENT
WITH
BUSCH,
HUTCHISON
AND
ASSOCIATES, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH
THE BAY OAKS HARBOR ROAD IMPROVEMENT PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED SEVENTY- EIGHT THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($178,500.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d.
Consider an ordinance awarding a construction contract to LEM Construction Co.,
Inc., for the construction of the CDBG Non-Housing Central District Wastewater
Treatment Plant Off-Site Lift Station project.
ORDINANCE NO. 12,171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF LEM CONSTRUCTION CO., INC., FOR
THE CDBG NON- HOUSING CENTRAL DISTRICT WASTEWATER
TREATMENT PLANT OFF-SITE LIFT STATION PROJECT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH LEM CONSTRUCTION CO., INC.,
FOR SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE
SUM OF SEVEN MILLION TWO HUNDRED FORTY-SEVEN THOUSAND
FIVE HUNDRED AND NO/100 DOLLARS ($7,247,500.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e.
Consider an ordinance authorizing the renewal of the Annual Roll-Off Container
Services Contract to Waste Management of Texas, Inc.
ORDINANCE NO. 12,172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF
TEXAS, INC., SUCCESSOR IN INTEREST TO CITY WASTE, INC., FOR
THE ANNUAL ROLL-OFF CONTAINER SERVICES AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED
NINETY-FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS
($195,650.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f.
Consider an ordinance awarding the Annual Cement Stabilized Sand Contract to
MegaSand Enterprises, Inc.
City Council Regular Meeting Minutes
January 24, 2013
Page 17 of 20
ORDINANCE NO. 12,173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF MEGASAND ENTERPRISES, INC., FOR
THE
ANNUAL
CEMENT
STABILIZED
SAND
CONTRACT
AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM
OF ONE HUNDRED THIRTY THOUSAND ONE HUNDRED FIFTY-FIVE
AND NO/100 DOLLARS ($130,155.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
g.
Consider an ordinance authorizing the award of the Annual Demolition of
Residential Structures Contract to J.T.B Services, Inc.
ORDINANCE NO. 12,174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF J.T.B. SERVICES, INC., FOR THE
ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT
AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE
AMOUNT OF TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
h.
Consider an ordinance authorizing the purchase of a multi-mission rescue boat for
the Baytown Fire and Police Departments.
ORDINANCE NO. 12,175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY-FIVE
THOUSAND AND NO/100 DOLLARS ($65,000.00) TO BOAT RIGHT
MARINE, INC., FOR THE PURCHASE OF A MULTI- MISSION RESCUE
BOAT FOR THE BAYTOWN FIRE AND POLICE DEPARTMENTS;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
i.
Consider a resolution authorizing the City to submit a continuation grant
application for the Police Department in response to the General Victim Assistance - Direct
Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas
Governor's Office through the Houston-Galveston Area Council (H-GAC) to fund one fulltime Victim Services Program Case Worker.
City Council Regular Meeting Minutes
January 24, 2013
Page 18 of 20
RESOLUTION NO. 2226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A CONTINUATION GRANT APPLICATION FOR
THE POLICE DEPARTMENT IN RESPONSE TO THE GENERAL VICTIM
ASSISTANCE – DIRECT SERVICES PROGRAMS SOLICITATION FROM
THE CRIMINAL JUSTICE DIVISION (CJD) OF THE TEXAS GOVERNOR'S
OFFICE THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) FOR FY 2014 PERIOD; AUTHORIZING A CASH MATCH IN AN
AMOUNT NOT TO EXCEED TWELVE THOUSAND SEVEN HUNDRED
THIRTY-FIVE AND NO/100 DOLLARS ($12,735.00); DESIGNATING AN
AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND
MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j.
Consider a resolution authorizing the City to submit a continuation grant
application for the Police Department in response to the General Victim Assistance - Direct
Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas
Governor's Office through the Houston-Galveston Area Council (H-GAC) to fund one fulltime Victim Services Program Coordinator/Case Manager.
RESOLUTION NO. 2227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A
CONTINUATION GRANT APPLICATION FOR THE POLICE DEPARTMENT IN
RESPONSE TO THE GENERAL VICTIM ASSISTANCE – DIRECT SERVICES
PROGRAMS SOLICITATION FROM THE CRIMINAL JUSTICE DIVISION (CJD) OF
THE TEXAS GOVERNOR'S OFFICE THROUGH THE HOUSTON-GALVESTON AREA
COUNCIL (H-GAC) FOR FY 2014 PERIOD; AUTHORIZING A CASH MATCH IN AN
AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND NINE HUNDRED TWO AND
NO/100 DOLLARS ($18,902.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE;
ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
10.
APPOINTMENTS
a.
Consider four (4) appointments to the Baytown Library Board.
City Manager Leiper presented the agenda item to consider the re-appointments of Gary Englert
and Linda Cotter and the appointments of Lori Janick and Holly Takach to the Baytown Library
Board. City Manager Leiper stated that currently Donna Mohlman, Gary Englert, Tavita Lopez,
and Linda Cottar terms are set to expire on February 28, 2013, and Mr. Englert and Ms. Cottar
are eligible to serve another two (2) year term and desire reappointment. If (re)appointed they
City Council Regular Meeting Minutes
January 24, 2013
Page 19 of 20
will each serve a term commencing on March 01, 2013 and expiring on February 28, 2015. Ms.
Donna Mohlman and Ms. Tavita Lopez do not desire reappointment.
A motion was made by Council Member Scott Sheley and seconded by Council Member
Mercedes Renteria III approving the reappointments of Gary Englert and Linda Cottar and the
appointments of Lori Janick and Holly Takach to the Baytown Library Board. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
b.
Consider one (1) appointment on the Community Development Advisory
Committee.
City Manager Leiper presented the agenda item to consider the appointment of Ms. Laura
Alvarado to the Community Development Advisory Committee. If appointed, Ms. Alvarado term
would begin immediately and expire on December 31, 2014.
A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes
Renteria III approving the appointment of Ms. Laura Alvarado to the Community Development
Advisory Committee. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
11.
MANAGER'S REPORT
a.
The 12th Annual "Daddy and Me" Valentine's Dance will be held on Friday,
February 8, 2013, from 7:00 p.m. until 10:00 p.m. at the Baytown Community Center.
b.
The Sterling Municipal Library's Food for Fines will take place from February 1 to
March 1, 2013.
City Council Regular Meeting Minutes
January 24, 2013
Page 20 of 20
City Manager Leiper presented the agenda items and stated that the 12th Annual "Daddy and
Me" Valentine's Dance will be held on Friday, February 08, 2013, from 7:00 P.M. until 10:00
P.M. at the Baytown Community Center. He stated that tickets are $7.00 per person in advance
and $10.00 per person at the door.
City Manager Leiper stated that the Sterling Municipal Library's Food for Fines will take place
from February 1st to March 1st 2013 and will have its 50th Anniversary celebration starting in
March.
12.
ADJOURN
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Brandon Capetillo adjourning the January 24, 2013, City Council Regular Meeting. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the January 24,
2013, City Council Regular Meeting at 8:46 P.M.
_________________________________
Leticia Brysch, City Clerk
City of Baytown