2015 12 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
December 10, 2015
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
December 10, 2015, at 6:34 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
Chris Presley
Mercedes Renteria
Terry Sain
Stephen H. DonCarlos
Rick Davis
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the December 10, 2015, City Council Regular Meeting with a
quorum present at 6:34 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Renteria.
1. SWEARING -IN CEREMONY
a. Administer the oath of office to Mayor Stephen H. DonCarlos for his fourth term of
office as Mayor of the City of Baytown.
Commissioner Rusty Senac administered the oath of office to Mayor Stephen H. DonCarlos for
his fourth term of office as Mayor of the City of Baytown.
2. MINUTES
Mayor DonCarlos stated that agenda items 2.a. and 2.b. would be considered together.
a. Consider approving the minutes of the City Council Work Session Meeting held on
October 22, 2015.
b. Consider approving the minutes of the City Council Regular Meeting held on
November 16, 2015.
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A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving the October 22, 2015, City Council Work Session Regular Meeting and the
November 16, 2015, City Council Regular Meeting minutes. The vote was as follows with the
exception of the November 16, 2015, minutes in which Council Member Capetillo abstained:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
3. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize Team TEXAS Special Needs for winning the 2015 PONY Softball World
Series.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos
recognized Team TEXAS Special Needs for their incredible accomplishments, as well as, all the
coaches, volunteers, parents, and mentors to dedicate their lives to helping these players succeed.
b. Ms. Michelle Reeves requested to appear before council to invite citizens, staff and
council members to participate in the Cruisin' Texas Toy Drive on December 19, 2015.
Ms. Reeves stated that the toy drive is scheduled for December 19, 2015, at the Baytown Civic
Center at 2:00 P.M.
C. Presentation of the Chief's Excellent Service Medal to Officer Kevin Davis.
Chief of Police, Keith Dougherty presented to Officer Kevin Davis the Excellent Service
Medal for his exceptional service as an assigned traffic unit officer.
d. Recognize employees for their dedicated years of service to the City (5, 10, 15 years).
Director of Human Resources, Ms. Carol Flynt presented the agenda item and recognized
employees for their dedicated years of service to the City.
5 Years
Lance Frazar, Dentention Officer
10 Years
Jon Snell, Fire Equipment Operator
Noah Travis, Fire Equipment Operator
Matthew Mitchell, Firefighter
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December 10, 2015
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George Hasbrouck, Firefighter
15 Years
Timothy Lancon, Public Works Foreman
20 Years
Gary Wills, Fire Lieutenant
30 Years
David Alford, Assistant Police Chief
Richard Whitaker, Police Lieutenant
Mayor DonCarlos requested that the agenda be taken out of order to consider agenda items 15.b.
and 15.d.
15.b. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.073 to discuss a negotiated contract for a prospective gift of donation to the
City of Baytown.
At 7:07 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Texas Government Code, Section 551.073 to discuss a negotiated contract for a prospective gift
of donation to the City of Baytown.
At 7:14 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular
Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings
Act, no action was taken in the Executive Session.
Mayor DonCarlos stated Mr. Gene Russell signed an agreement donating $1 million to the City
for the establishment of a park on Wallisville Road to be named the Gene and Loretta Russell
Park.
15.d. Consider an ordinance authorizing a Grant Agreement to support a municipal
park.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 13,052. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
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ORDINANCE NO. 13,052
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 GRANT AGREEMENT WITH ALLEN E. (
GENE) RUSSELL, LORETTA RUSSELL, AND THE GENE AND LORE-17A
RUSSELL FOUNDATION FOR THE DONATION OF FUNDS FOR PARK
PURPOSES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing
MaterialScience to accept the donation of
compacting trash and recycling bins.
an agreement with Covestro, Un/a Bayer
funds for the purchase of solar - powered
Director of Strategic Development, Mr. Nick Woolery presented the agenda item and stated that
Ordinance No. 13,053 authorizes an agreement with Covestro, f/n/a Bayer MaterialScience to
accept the donation of $100,000 for the purchase of (14) solar - powered compacting trash and
recycling bins to be placed in City parks.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving Ordinance No. 13,053. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Tent' Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT WITH COVESTRO, F/K/A
BAYER MATERIALSCIENCE TO ACCEPT THE DONATION OF FUNDS
FOR THE PURCHASE OF SOLAR - POWERED COMPACTING TRASH AND
RECYCLING BINS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
f. Consider an ordinance authorizing an agreement with Covestro, f/n/a Bayer
MaterialScience, to accept the donation of funds for the purchase of a mobile trailer for the
Eddie V. Gray Wetlands Recreation and Education Center.
Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated
that Ordinance No. 13,054 authorizes an agreement with Covestro, f/n/a Bayer MaterialScience,
to accept the donation of funds for the purchase of a mobile trailer for the Eddie V. Gray
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December 10, 2015
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Wetlands Recreation and Education Center and for outfitting it with custom designed sustainable
energy exhibits.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 13,054. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT WITH COVESTRO, F /K/A
BAYER MATERIALSCIENCE TO ACCEPT THE DONATION OF FUNDS
FOR THE PURCHASE OF A MOBILE TRAILER FOR THE EDDIE V. GRAY
WETLANDS RECREATION AND EDUCATION CENTER; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528
There was no discussion regarding agenda items 4.a. and 4.b., as City Attorney, Mr. Ignacio
Ramirez stated that the items weren't ready for consideration.
a. Consider a resolution granting consent to the creation of the Harris County
Municipal Utility District No. 528 and the inclusion therein of additional territory in the
Tri -City Beach /Hwy 146 area.
b. Consider an ordinance authorizing a Utility Functions and Services Allocation
Agreement with Graham Mortgage Corporation, Lone Star 5000 Corporation, Texas
Capital Development Corporation, Inc., and Hazelwood Enterprises, Incorporated, on
behalf of the proposed Harris County Municipal Utility District No. 528.
5. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459
Mr. Ramirez stated that agenda items 5.a. and 5.b. would both be considered together.
a. Consider a resolution granting consent to the inclusion of 128.143 acres situated in
the Harvey Whiting Survey, Abstract 840, Harris County, Texas, and being a portion of the
former Goose Creek Country Club property, into Harris County Municipal Utility District
No. 459.
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b. Consider an ordinance authorizing an Amendment to the Utility Functions and
Services Allocation Agreement with Harris County Municipal Utility District No. 459.
Mr. Ramirez stated that Resolution No. 2387 grants consent to the inclusion of 128.143 acres
situated in the Harvey Whiting Survey, Abstract 840, Harris County, Texas, and being a portion
of the Goose Creek Country Club property, into Harris County Municipal Utility District No.
459 (the "District "). He further stated that Ordinance No. 13,055 authorizes an amendment to
the Utility Functions and Services Allocation Agreement with Harris County Municipal Utility
District No. 459 (the "MUD ").
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Resolution No. 2387 and Ordinance No. 13,055. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
RESOLUTION NO. 2387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 128.143 ACRES
SITUATED IN THE HARVEY WHITING SURVEY, ABSTRACT 840,
HARRIS COUNTY, TEXAS, AND BEING A PORTION OF THE FORMER
GOOSE CREEK COUNTRY CLUB PROPERTY, INTO HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO. 459; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 13,055
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 THE FIRST
AMENDMENT TO THE UTILITY FUNCTIONS AND SERVICES
ALLOCATION AGREEMENT WITH HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 459; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
C. Consider an ordinance authorizing a development agreement with D.R. Horton,
Inc., for certain roadway and infrastructure improvements associated with Goose Creek
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December 10, 2015
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Reserve, a residential development located on the site of the former Goose Creek Country
Club.
Director of Engineering, Mr. Jose Pastrana presented the agenda item and stated that Ordinance
No. 13,056 authorizes a development agreement with D.R. Horton, Inc. (the "Developer ") to
undertake certain roadway, drainage, and utility improvements /adjustments associated with
Goose Creek Reserve, including a signalized intersection at the intersection of W. Baker Road
and Country Club Drive which shall be installed in accordance with the City's specifications.
Additionally, he stated that the City shall contribute 50% of the cost of the traffic signal
installation or $160,000, whichever is less.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 13, 056. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,056
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 THE DEVELOPMENT
AGREEMENT WITH D.R. HORTON, INC., FOR CERTAIN ROADWAY AND
INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH GOOSE
CREEK RESERVE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
6. ANNEXATION OF APPROXIMATELY 206.35 ACRES OF LAND
a. Consider an ordinance authorizing one or more Development Agreements with
owners of property within the 206.35 acres of land to be annexed.
b. Consider an ordinance for the second and final reading of the proposed involuntary
annexation of approximately 206.35 acres situated in the George Ellis Survey, Abstract
21, for multiple sites located on the east side of North Main, from the East Freeway to
Wallisville Road, and the right -of -way along N. Main and a portion of Wallisville Road,
Harris County, Texas.
C. Consider an ordinance placing the newly annexed property generally described as
approximately 206.35 acres situated in the George Ellis Survey, Abstract 21, for multiple
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December 10, 2015
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sites located on the east side of North Main, from the East Freeway to Wallisville Road, and
the right -of -way along N. Main and a portion of Watlisville Road, Harris County, Texas,
into Council District No. 4.
d. Consider an ordinance amending Chapter 14 "Animals," Article I "In
General," Section 14 -8 of the Code of Ordinances, Baytown, Texas, to permit swine within
the corporate limits of the City under limited conditions.
Director of Planning and Development, Mrs. Tiffany Foster stated that agenda items 6.a. through
6.d. are all associated with the annexation along North of I -10 and Wallisville; therefore
she considered them all together. She stated that agenda item 6.a. is a development agreement, in
which anyone who has an exemption and would like to remain outside the city limits may do so
with such agreement for up to seven (7) years. She further stated that of the area being annexed,
one of the property owners of approximately 76 acres requested to maintain their current status
and utilize the development agreement. Mayor DonCarlos inquired if the City had to allow them
the option of remaining outside of the city limits. In response to Mayor DonCarlos's inquiry,
Mrs. Foster stated that the City had to allow the property owners that option, but if anytime
within the seven (7) years the property owner's decide to make any improvements or develop
where they're not using for agricultural purposes they would be automatically annexed.
During further discussion, Mrs. Foster stated that agenda item 6.b. (Ordinance No. 13,032) is the
second and final reading regarding the proposed involuntary annexation of approximately 206.35
acres less the land considered in the development agreement. Additionally, she stated that agenda
item 6.c. (Ordinance No. 13,058) places the annexed properties into council District No. 4.
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney approving agenda items 6.a. (Ordinance No. 13,057), 6.b. (Ordinance No. 13,032),
6.c. (Ordinance No. 13,058), and 6.d. (Ordinance No. 13,059). The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,057
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 DEVELOPMENT
AGREEMENTS WITH CERTAIN OWNERS OF PROPERTY WITHIN THE
PROPOSED 206.35 -ACRE ANNEXATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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December 10, 2015
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ORDINANCE NO. 13,032
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
206.35 ACRES SITUATED IN THE GEORGE ELLIS SURVEY, ABSTRACT
21, FOR MULTIPLE SITES LOCATED ON THE EAST SIDE OF NORTH
MAIN, FROM THE EAST FREEWAY TO WALLISVILLE ROAD, AND THE
RIGHT -OF -WAY ALONG N. MAIN AND A PORTION OF WALLISVILLE
ROAD, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
ORDINANCE NO. 13,058
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADDING APPROXIMATELY 206.35 ACRES SITUATED IN THE
GEORGE ELLIS SURVEY, ABSTRACT 21, FOR MULTIPLE SITES
LOCATED ON THE EAST SIDE OF NORTH MAIN, FROM THE EAST
FREEWAY TO WALLISVILLE ROAD, AND THE RIGHT -OF -WAY ALONG
N. MAIN AND A PORTION OF WALLISVILLE ROAD, HARRIS COUNTY,
TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 13,059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 14 "ANIMALS," ARTICLE I "IN
GENERAL," SECTION 14 -8 "CERTAIN ANIMALS RESTRICTED" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PERMIT SWINE
WITHIN THE CORPORATE LIMITS OF THE CITY UNDER LIMITED
CONDITIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/ 100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
7. ANNEXATION AND REZONING OF APPROXIMATELY 3.62 ACRES OF
LAND
Mayor DonCarlos stated that agenda items 7.a. and 7.b. would both be considered together.
a. Consider an ordinance for the second and final reading of the proposed voluntary
annexation of approximately 3.62 acres of land situated in the J.W. Singleton Survey,
Abstract 709, located at the northeast corner of Blue Heron and North Main, Harris
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County, Texas, save and except previously annexed land by the City of Baytown via
Ordinance No. 1365.
b. Consider an ordinance placing the newly annexed property generally described as
approximately 3.62 acres of land situated in the J.W. Singleton Survey, Abstract 709,
located at the northeast corner of Blue Heron and North Main, Harris County, Texas, save
and except previously annexed land by the City of Baytown via Ordinance No. 1365 into
Council District No. 4.
Mrs. Foster presented the agenda item and stated that Ordinance No. 13,031 is the second and
final reading regarding the proposed voluntary annexation of approximately 3.62 acres of land
located at the northeast comer of Blue Heron and North Main. She stated that this proposed
annexation is being requested to develop the property into a commercial use for a Headstart. She
further stated that Ordinance No. 13,060 places this land into Council District No. 4.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 13,031 and Ordinance No. 13,060. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,031
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 3.62
ACRES OF LAND SITUATED IN THE J.W. SINGLETON SURVEY,
ABSTRACT 709, LOCATED AT THE NORTHEAST CORNER OF BLUE
HERON AND NORTH MAIN, HARRIS COUNTY, TEXAS, SAVE AND
EXCEPT PREVIOUSLY ANNEXED LAND BY THE CITY OF BAYTOWN
VIA ORDINANCE NO. 1365, WHICH SAID TERRITORY LIES ADJACENT
TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
ORDINANCE NO. 13,060
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADDING APPROXIMATELY 3.62 ACRES OF LAND SITUATED IN
THE J.W. SINGLETON SURVEY, ABSTRACT 709, LOCATED AT THE
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NORTHEAST CORNER OF BLUE HERON AND NORTH MAIN, HARRIS
COUNTY, TEXAS, SAVE AND EXCEPT PREVIOUSLY ANNEXED LAND
BY THE CITY OF BAYTOWN VIA ORDINANCE NO. 1365, TO COUNCIL
DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Conduct the public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 3.62 acres of land, save and except land previously
annexed by Ordinance No. 1365, located at the intersection of N. Main Street along the
north right -of -way of Blue Heron Parkway, part of and out of J. W. Singleton Survey,
Abstract No. 709, Harris County, Texas, from Open Space/Recreation (OR) to General
Commercial (GC).
At 7:28 P.M., Mayor DonCarlos opened and conducted the public hearing concerning a proposed
amendment to the official zoning map to rezone approximately 3.62 acres of land, save and
except land previously annexed by Ordinance No. 1365, located at the intersection of N. Main
Street along the north right -of -way of Blue Heron Parkway, part of and out of J. W. Singleton
Survey, Abstract No. 709, Hams County, Texas, from Open Space/Recreation (OR) to General
Commercial (GC).
With there being no one registered to speak regarding agenda item 7.c., Mayor DonCarlos closed
the public hearing at 7:28 P.M.
d. Consider approving a proposed amendment to the official zoning map to rezone
approximately 3.62 acres of land, save and except land previously annexed by Ordinance
No. 1365, located at the intersection of N. Main Street along the north right -of -way of Blue
Heron Parkway, part of and out of J. W. Singleton Survey, Abstract No. 709, Harris
County, Texas, from Open Space/Recreation (OR) to General Commercial (GC).
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 13,061. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,061
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
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BAYTOWN TO REZONE APPROXIMATELY 3.62 ACRES OF LAND, SAVE
AND EXCEPT LAND PREVIOUSLY ANNEXED BY ORDINANCE NO. 1365,
LOCATED AT THE INTERSECTION OF N. MAIN STREET ALONG THE
NORTH RIGHT -OF -WAY OF BLUE HERON PARKWAY, PART OF AND
OUT OF J. W. SINGLETON SURVEY, ABSTRACT NO. 709, HARRIS
COUNTY, TEXAS, FROM AN OPEN SPACE /RECREATION (OR) ZONING
DISTRICT TO A GENERAL COMMERCIAL (GC) 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.
8. REZONING OF APPROXIMATELY 6.36 ACRES OF LAND
a. Conduct a public hearing concerning amending the text of the Unified Land
Development Code (ULDC) to provide for additional heavier commercial uses in the
General Commercial (GC) zoning district, to develop definitions and compatibly standards
related thereto, and to clarify and consolidate terms, uses and conditions for all zoning
districts.
At 7:29 P.M., Mayor DonCarlos opened and conducted a public hearing concerning amending
the text of the Unified Land Development Code (ULDC) to provide for additional heavier
commercial uses in the General Commercial (GC) zoning district, to develop definitions and
compatibly standards related thereto, and to clarify and consolidate terms, uses and conditions
for all zoning districts.
Mrs. Foster stated that agenda item 8.a. is a follow up from a case discussed at a prior council
meeting back in September where an existing business requested to amend the code from general
commercial (GC) to light industrial (LI) use along N. Main. She stated that City Council
instructed Staff to provide options for heavier commercial uses in response to a proposed
redevelopment along N. Main Street. She stated that at that time, staff thought about adding a
new zoning category, but the timeline given was not sufficient for the complete process to be
done so staff decided that they could accomplish the same initial goal with adding heavier uses
within the general commercial (GC) district. She stated that they developed the following
amendments to the ULDC that adds four heavier commercial uses in GC while providing
conditions to those uses, as well as, additional conditions with other GC uses for compatibility to
adjacent properties. She stated that the four heavier uses include: warehouse and freight
movement, supply houses, wholesale trade, and manufacturing (light). Council Member
Capetillo inquired as to what controls will there be to prevent tilt wall warehousing in general
commercial and recommended a size condition for such. Mrs. Foster stated that there are
conditions, as well as, the current GC standards that must be met that will limit those types
of buildings.
Council Member Presley inquired as to what would be the process on getting an exception or
variance to one of the conditions. Mrs. Foster stated that the process would be the variance
process through the Zoning Board of Adjustments.
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Jim Nicholas registered to speak before the public hearing regarding agenda item 8.a. but passed
on speaking.
At 7:38 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 8.a.
b. Consider an ordinance amending the text of the Unified Land Development Code
(ULDC) to provide for additional heavier commercial uses in the General Commercial
(GC) zoning district, to develop definitions and compatibly standards related thereto, and
to clarify and consolidate terms, uses and conditions for all zoning districts to better
differentiate between adjacent uses and districts.
A motion was made by Council Member Sain and seconded by Council Member Hoskins
approving Ordinance No. 13,062. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,062
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING
DISTRICTS," SECTION 2.04 "COMMERCIAL ZONING DISTRICTS,"
SUBSECTIONS (D) "GENERAL COMMERCIAL ( "GC ")" AND (F) "LIGHT
INDUSTRIAL ( "LI ") "; SECTION 2.09 "LAND USE TABLES," TABLE 2 -2
"NON- RESIDENTIAL USES" AND TABLE 2 -3 "NON- RESIDENTIAL
ACCESSORY USE TABLE"; AND SECTION 2.10 "LAND USE
CONDITIONS," TABLE 2 -6 "USE CONDITIONS "; ARTICLE III "DESIGN
AND COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT
COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY
STANDARDS "; AND ARTICLE IV "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO PROVIDE FOR ADDITIONAL
HEAVIER COMMERCIAL USES IN THE GENERAL COMMERCIAL (GC)
ZONING DISTRICT, TO DEVELOP DEFINITIONS AND COMPATIBILITY
STANDARDS RELATING THERETO, AND TO CLARIFY AND
CONSOLIDATE TERMS, USES AND CONDITIONS FOR ALL ZONING
DISTRICTS TO BETTER DIFFERENTIATE BETWEEN ADJACENT USES
AND DISTRICTS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
City Council Regular Meeting Minutes
December 10, 2015
Page 14 of 32
THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future
Land Use Plan (FLUP) designation from Commercial Corridor to Business Park for
properties in the 5100 and 5200 blocks of North Main Street, north of Cedar Bayou
Lynchburg Road, Harris County, Texas.
d. Consider an ordinance approving an amendment to the official zoning map to
rezone approximately 6.36 acres at 5115 North Main Street, generally located west of
North Main Street approximately 750 feet north of Cedar Bayou Lynchburg Road, legally
described as Tract 6A -1 out of the H. F. Gillette Survey, Abstract 297, Harris County,
Texas, from General Commercial (GC) to Light Industrial (LI).
Mrs. Foster stated that agenda items 8.c. and 8.d. were carried over from a previous meeting and
were no longer needed because of the text amendments; therefore no further action was taken.
Mr. Nicholas stated that he would withdraw agenda item 8.c. since the other items were passed.
He stated that the building was built prior to the zoning and should be zoned as what they were
using it for when the zoning took place. He further requested to speak with Mayor DonCarlos
and City Manager Davis as he felt he was done an injustice in regards to this property.
9.
a. Consider an ordinance for the first reading of the proposed voluntary annexation of
approximately 1.5 acres of land located at the southwest intersection of East Freeway (I -10)
Frontage Road and Sjolander Road, part of and out of Ashbel Smith Survey, Abstract No.
954, Harris County, Texas.
Mrs. Foster presented the agenda item and stated that Ordinance No. 13,063 is the first reading
regarding the proposed voluntary annexation of approximately 1.5 acres of land located at the
southwest intersection of East Freeway (I -10) Frontage Road and Sjolander Road for the future
construction of a convenience store.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Terry Sain approving Ordinance No. 13,063. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sam, Council
Member Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
December 10, 2015
Page 15 of 32
ORDINANCE NO. 13,063
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 1.5
ACRES OF LAND LOCATED AT THE SOUTHWEST INTERSECTION OF
EAST FREEWAY (I -10) FRONTAGE ROAD AND SJOLANDER ROAD,
PART OF AND OUT OF ASHBEL SMITH SURVEY, ABSTRACT NO. 954,
HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT
TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
b. Consider an ordinance authorizing a Construction Contract with PM Construction
& Rehab, LLC., for the Kilgore Pipebursting Project.
Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,064 approves a
Construction Contract with PM Construction & Rehab, LLC., for the Kilgore Pipebursting
Project in an amount not to exceed $1,605,900 plus $50,000 owners contingency bringing the
total contract price to $1,655,900. He stated that the scope of work includes approximately 3360 -
feet of sanitary sewer rehabilitation work, primarily utilizing the pipebursting method, but will
also include some removal and replacement by the open cut trench method as needed.
Additionally, he stated that three (3) bids were received and publicly opened in the Council
Chambers on November 17, 2015, with the low bidder being PM Construction & Rehab, LLC.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 13,064. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern, Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF PM CONSTRUCTION & REHAB, LLC,
FOR THE KILGORE PIPEBURSTING PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH PM CONSTRUCTION & REHAB, LLC,
FOR SAID CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE
City Council Regular Meeting Minutes
December 10, 2015
Page 16 of 32
SUM OF ONE MILLION SIX HUNDRED FIFTY -FIVE THOUSAND NINE
HUNDRED AND NO /100 DOLLARS ($1,655,900.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Construction Contract with T Construction
L.L.C., for the E. Baker Road Pipebursting Project.
Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,065 approves a
Construction Contract with T Construction L.L.C., for the E. Baker Road Pipebursting Project in
the amount not to exceed $798,420, plus $25,000 for owner's contingency, bringing the total
contract price to $823,420.00. He stated that the scope of work includes approximately 4000 -feet
of sanitary sewer rehabilitation work, primarily utilizing the pipebursting method, but will also
include some removal and replacement by the open cut trench method as needed. He further
stated that five (5) bids were received and publicly opened in the Council Chambers
on November 17, 2015, and T. Construction LLC was the lowest bid.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving Ordinance No. 13,065. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF T CONSTRUCTION L.L.C., FOR THE E.
BAKER ROAD PIPEBURSTING PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH T CONSTRUCTION L.L.C., FOR SAID
CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF
EIGHT HUNDRED TWENTY -THREE THOUSAND FOUR HUNDRED
TWENTY AND NO /100 DOLLARS ($823,420.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance amending Chapter 22 "Civil Emergencies," Article III "Pre -
Disaster Management," Division 1 "Residential Board and Care Occupancy" of the Code
of Ordinances to adopt the Life Safety Code, to update language regarding residential
board and care facilities, to require certificates of occupancy, and to prescribe a late fee.
City Council Regular Meeting Minutes
December 10, 2015
Page 17 of 32
Emergency Management Coordinator, Mr. Bill Vola presented the agenda item and stated
that Ordinance No. 13,066 amends some of the provisions of the existing regulations for
Custodial Care facilities. He stated that failure by facilities to comply with timely license
renewals causes for late fees to be accessed and that for life safety concerns an increase to the
width size of the doorways are being requested in which the facilities will have approximately
two (2) years to come into compliance. He further stated that the consequences for not coming
into compliance by the requested timeframe would be a violation of the ordinance with
the possibility of not being able to receive a permit from the City.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 13,066. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III
"PRE- DISASTER MANAGEMENT" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO RENAME DIVISION 1 "CUSTODIAL
RESIDENTIAL CARE AND LIVING FACILITIES" TO DIVISION 1
"RESIDENTIAL BOARD AND CARE OCCUPANCY "; AMENDING
CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE- DISASTER
MANAGEMENT," DIVISION 1 'RESIDENTIAL BOARD AND CARE
OCCUPANCY," SECTION 22 -100 "APPLICABILITY," SECTION 22 -101
"DEFINITIONS," SECTION 22 -102 "PERMIT," SECTION 22 -103
"APPLICATION," SECTION 22 -105 "PERMIT ISSUANCE; DENIAL;
REVOCATION; LATE RENEWAL; APPEAL," SECTION 22 -106
"LOCATION REGULATION," AND SECTION 22 -10 "VIOLATIONS AND
PENALTIES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE -
DISASTER MANAGEMENT" DIVISION 1 'RESIDENTIAL BOARD AND
CARE OCCUPANCY" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, BY ADDING NEW SECTIONS TO BE NUMBERED AND
ENTITLED SECTION 22 -101.3 "LIFE SAFETY CODE" AND SECTION 22-
101.5 "STANDARDS "; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
City Council Regular Meeting Minutes
December 10, 2015
Page 18 of 32
PENALTY OF TWO THOUSAND AND NO/ 100 DOLLARS ($2,000.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
10. PROPOSED RESOLUTIONS
Assistant Attorney, Mrs. Karen Homer requested that agenda items 10.a. and 10.b. be considered
together.
a. Consider a resolution repealing Resolution Nos. 2007 and 2234 and establishing an
Existing Company Industrial District Policy together with Existing Company Industrial
District Agreement forms.
b. Consider a resolution repealing Resolution No.2075 and establishing a New
Company Industrial District Policy together with New Company Industrial District
Agreement forms.
Mrs. Homer stated that Resolution No. 2388 establishes an Existing Company Industrial District
Policy together with Existing Company Industrial District Agreement forms. She stated
that the proposed policy is similar to the past policy along with the following revisions:
increasing the IDA tax rate to 66% and remain at such rate over the seven year life of the
agreement; excluding the public improvement rate which is already included in the contract rate;
as of 2016, the most recently certified value as of the date of the Agreement plus any an agreed
upon value of any planned improvements in excess of $50,000,000 over the term of the
agreement; and distinguish between logistics and non - logistics companies. She stated that for
companies performing logistics, warehousing and other similar functions the industrial district
payment will be based, in part, on 1/2 of the value of situs inventory.
Mrs. Homer stated that Resolution No. 2389 establishes a New Company Industrial District
Policy together with New Company Industrial District Agreement forms. She stated that the
policy is similar to the one in agenda item 10.a. with the distinction that the base value would be
the planned improvements above $5 million that would be reviewed and the added value
payment rate would start at year three (3) at .25 and in increments increase to .66 by the seventh
year.
A motion was made by Council Member David McCartney and seconded by Council Member
Chris Presley approving Resolution No. 2388 and Resolution No. 2389. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
December 10, 2015
Page 19 of 32
RESOLUTION NO. 2388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING RESOLUTION NOS. 2007 AND 2234 ADOPTED BY
THE CITY COUNCIL OF THE CITY OF BAYTOWNON SEPTEMBER 24,
2009, AND MARCH 14, 2013, RESPECTIVELY; ESTABLISHING AN
INDUSTRIAL DISTRICT POLICY APPLICABLE TO COMPANIES THAT
HAD AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF
BAYTOWN IN EFFECT ON DECEMBER 10, 2015; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 2389
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING RESOLUTION NO. 2075 ADOPTED BY THE CITY
COUNCIL OF THE CITY OF BAYTOWN ON JULY 18, 2010;
ESTABLISHING INDUSTRIAL DISTRICT POLICIES APPLICABLE TO
COMPANIES THAT DID NOT HAVE AN INDUSTRIAL DISTRICT
AGREEMENT WITH THE CITY OF BAYTOWN IN EFFECT ON
DECEMBER 10, 2015; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
11.
a. Discuss the review, findings and recommendations of the Animal Control Advisory
Committee /Sub - Committee Report submitted to City Council on November 16, 2015.
Director of Health, Mr. Mike Lester presented the agenda item to discuss the following
recommendations from the committees: improving the hours of operation to be open to the
public; promoting animals for redemption and new ownership; increasing the number of
adoption events; participation in off -site adoption events; adding an adoption facility; creating a
volunteer program; and enhancing sterilization and new owner efforts. He stated that the days of
operations of the facility decreased from five (5) days a week to four (4) days due to a staffing
shortage, but they are working on fulfilling a current vacancy which is expected to be filled
within approximately 90 days, and once filled will return to the normal five (5) day work week.
He stated that staff is currently being retrained on using the software more effectively and that
there are two sites (Pet Finder and Adopt a Pet) that they're going to setup to use which will add
additional information that goes out for adoption and redemption. He also stated that City
Management has committed to allowing the closure of the animal control facility so that staff can
participate in more adoption events. He further stated that during the strategic planning review in
February, they will be discussing the detailed information to participate in the Texas A &M
program outreach for students conducting spay /neuter trainings as recommended by Mayor
DonCarlos, adding an adoption facility, increasing the facility hours of operations, creating a
volunteer program which requires adding sufficient staff to manage it, and increasing the budget
for enhancement of all areas of operations for the animal control services . Mr. Lester stated that
City Council Regular Meeting Minutes
December 10, 2015
Page 20 of 32
the committee recommended to modify the current ordinance to increase the spay /neuter voucher
fee, in which he recommends that the voucher also include being used for rabies vaccinations
and sterilization. He stated that they currently have four (4) SNAP events per year and pending
funds will increase the events as recommended by the committee. He stated that staff is in the
process of updating the rescue group registration application as the prior application omitted
sufficient detailed information and that staff is also standardizing the new owners contract as
recommended. In conclusion, he stated that Ms. Kathy Davis, the Director of Health from the
City of San Antonio, will provide recommendations after her visit of the facility which will be
discussed with Council.
Mayor DonCarlos inquired if staff looked at fees for a physical facility structure. In response to
Mayor DonCarlos's inquiry, Mr. Lester stated that the physical structure estimates at $300,000
with approximately $200,000 a year for disposables excluding the veterinarian charges. Mayor
DonCarlos stated that he will meet with Ms. Davis on December 11, 2015, to receive her
recommendations as it relates the Baytown's Animal Control facility.
Council Member Hoskins stated that staff is working in the facility with the animals daily and
recommended that staff present a more detailed plan to include cost on how to move forward
with the recommendations.
b. Discuss and give direction regarding proposed amendments to Chapter 102
"Vehicles for Hire," Article III "Tow Trucks" of the Code of Ordinances, Baytown, Texas,
and its related Tow Agreement.
Legal Advisor, Ms. Deanie King presented the agenda item and stated that staff along with the
Tow Truck Committee members recommends moving the acquisition of towing services to a
RFP or contract base process in an effort to provide better services for everyone involved. She
stated that based on the estimated towing request of 3,500 within the 2015 year, there will be a
need of approximately five (5) companies with at least two (2) of them being heavy duty
towing.
Council Member Hoskins inquired if the City could eliminate the companies that are causing the
negative impact. Ms. King stated that the City is limited as to what it can do to remove a
company from its towing list due to the regulations provided by State. She stated that the process
currently in place is so lengthy and takes time to have a company removed that it allows for the
company to continue to operate while going through the process. She further stated that a
contract will eliminate that process because if the company does not follow the contract it is
considered breached.
Council Member Hoskins further stated that he is concerned that the Baytown towing companies
that are following the rules may be excluding from the list because of the RFP. In response to
Council Member Hoskins' concern, Ms. King stated that the RFP would be created with options
that include the type of services and integrity reflective of the City.
Council Member McCartney requested that the rates be reviewed.
City Council Regular Meeting Minutes
December 10, 2015
Page 21 of 32
C. Discuss and give direction regarding the proposed Unexplainable High Water
Consumption Adjustment Policy.
Acting Director of Finance, Mr. Carl Currie presented the agenda item and stated that at the
October 22nd, meeting Council directed staff to bring before council the tier rates for discussion,
and recommended that the rate structure be added onto the customers' bills. He stated that the
tier rates will be brought before Council in February for discussion and the tier rate structure will
be added to the customer's bill effective January.
During further discussion, he stated that staff is proposing a policy designed to resolve disputes
with customers where there is "unexplainable high water consumption ". He stated that the policy
establishes a process by which a residential customer may request a one -time adjustment based
upon unexplainable high water consumption meaning that the utility bill is either more than three
times the average consumption (over a one year period) or more than $100.00 over the twelve-
month average bill amount whereas both the customer and the City are unable to explain the high
usage after a diligent investigation. He further stated that accounts with less than three (3)
months of history will not be eligible for the adjustment.
During further discussion, there were concerns from some of the council members regarding
the adjustment being allowed one -time only.
Council Member McCartney recommended that there be an adjustment to the sewer any time
that there is a water leak outside on the ground that doesn't go into the system. For clarification,
Ms. Rivon, Utility Billing Manager, stated that the leak adjustment is a one -time adjustment
within a twelve month period.
Council Member Capetillo stated that he wasn't comfortable with the software being used and
inquired if there were any software updates or changes since August 2015, where there could
have been an error in code, but by the time the audit was done the code was corrected. Mr. Ed
Tomjack, Director of ITS, stated that updates are constantly being made to the software, but the
consultants only took data from the City and replicated their own code to do the calculations to
compare their results to the results of the City.
In conclusion of the discussion, Mayor DonCarlos requested that staff continue to monitor this
situation and requested that staff revisit the sewer charges related to leaks that go onto the ground
but do not go into the system and bring back some modifications for discussion.
12. CONSENT
Council Member Hoskins requested that consent agenda item 12.c. be pulled.
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving consent agenda items 12.a., 12.b., and 12A. through 12.u. The vote was as
follows:
City Council Regular Meeting Minutes
December 10, 2015
Page 22 of 32
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
a. Consider an ordinance authorizing the closeout, acceptance and release of retainage
for the Raccoon Road Lift Station - 24 -inch Force Main Project to Trans -Tex Construction,
LLC.
ORDINANCE NO. 13,067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE RACCOON ROAD LIFT STATION - 24 -INCH
FORCE MAIN PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM
OF ONE HUNDRED TWENTY -FOUR THOUSAND ONE HUNDRED
ELEVEN AND 60/100 DOLLARS ($124,111.60) TO TRANS -TEX
CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance renewing the 2015 Annual Waterline Rehabilitation
Project with SKE Construction, LLC, for an additional year and authorizing Change
Order No. 1.
ORDINANCE NO. 13,068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL WATERLINE REHABILITATION
PROJECT WITH SKE CONSTRUCTION LLC., FOR 2016; AUTHORIZING
CHANGE ORDER NO. 1 FOR SAID PROJECT; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN FOR SUCH RENEWAL AND CHANGE
ORDER IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY
THOUSAND SIX HUNDRED TEN AND NO /100 DOLLARS ($750,610.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of
Ordinances, Baytown, Texas, to authorize the installation of two (2) stop signs and three (3)
no parking signs on Loop Road near Clark Elementary School along SH -146.
City Council Regular Meeting Minutes
December 10, 2015
Page 23 of 32
ORDINANCE NO. 13,069
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES
ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TWO (2)
STOP SIGNS ON LOOP ROAD AT ITS INTERSECTION WITH THE
WESTERN ENTRANCE TO DR. JOHNNY T. CLARK, JR. ELEMENTARY
SCHOOL; AND SCHEDULE III "DESIGNATION — NO PARKING ZONES"
TO DESIGNATE A "NO PARKING ZONE" ALONG PORTIONS OF LOOP
ROAD, WITHIN THE CITY IN HARRIS COUNTY; AUTHORIZING THE
POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR
EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
e. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations" of the Code of Ordinances to authorize the installation
of sin (6) stop signs in Country Club Estates.
ORDINANCE NO. 13,070
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES
ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TWO (2)
STOP SIGNS ON BURNING TREE DRIVE AT ITS INTERSECTIONS WITH
COUNTRY CLUB DRIVE, TWO (2) STOP SIGNS ON ST. ANDREWS DRIVE
AT ITS INTERSECTIONS WITH COUNTRY CLUB DRIVE, ONE (1) STOP
SIGN ON COUNTRY CLUB VIEW DRIVE AT ITS INTERSECTION WITH
COUNTRY CLUB DRIVE, AND ONE (1) STOP SIGN ON QUAIL HOLLOW
DRIVE AT ITS INTERSECTION WITH COUNTRY CLUB VIEW DRIVE;
AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/ 100
DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 10, 2015
Page 24 of 32
f. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations, Section 94 -121 "Schedules enumerated" of the Code of
Ordinances, Baytown, Texas, to establish and extend a school zone and sign placement for
Early Impact College High School on Market Street and Lee Drive.
ORDINANCE NO. 13,071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING MAXIMUM PRIMA FACIE SPEED LIMITS FOR
MOTOR VEHICLES IN DESIGNATED SCHOOL ZONES AND PROVIDING
FOR HOURS OF ENFORCEMENT ON SCHOOL DAYS OR WHEN
CHILDREN ARE PRESENT; AUTHORIZING AND DIRECTING THE
PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
g. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations," of the Code of Ordinances to authorize the installation of
four (4) no parking signs, buses only, on E. Wright Ave., between 4th Street and 6th Street
for Ashbel Elementary School.
ORDINANCE NO. 13,072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES
ENUMERATED," SCHEDULE III "DESIGNATION — NO PARKING ZONES"
TO DESIGNATE A "NO PARKING ZONE" ALONG PORTIONS OF E.
WRIGHT AVE., WITHIN THE CITY IN HARRIS COUNTY; REPEALING
ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR
EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
h. Consider an ordinance approving the Third Contract Amendment to the Untreated
Water Supply Contract between the Baytown Area Water Authority and the City of
Houston to increase contract quantities and to add an additional point of delivery.
ORDINANCE NO. 13,073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE THIRD CONTRACT AMENDMENT TO THE
UNTREATED WATER SUPPLY CONTRACT BETWEEN THE BAYTOWN
AREA WATER AUTHORITY AND THE CITY OF HOUSTON TO
City Council Regular Meeting Minutes
December 10, 2015
Page 25 of 32
INCREASE CONTRACT QUANTITIES AND TO ADD AN ADDITIONAL
POINT OF DELIVERY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
i. Consider an ordinance approving a construction contract between the Baytown
Area Water Authority and Triple B Services, LLP, for the 6 MGD Surface Water
Treatment Plant - Clearing and Grubbing Project.
ORDINANCE NO. 13,074
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE CONTRACT BETWEEN THE BAYTOWN AREA
WATER AUTHORITY AND TRIPLE B SERVICES, LLP, FOR THE 6 MGD
SURFACE WATER TREATMENT PLANT - CLEARING AND GRUBBING
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
j. Consider a proposed ordinance amending Chapter 70 "Parks and Recreation,"
Section 70 -6 "Firearms or Fireworks" of the Code of Ordinances, Baytown, to provide an
exception for persons, who are licensed under Subchapter H, Chapter 411 of the Texas
Government Code (handgun licensing law).
ORDINANCE NO. 13,075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 70 "PARKS AND RECREATION,"
SECTION 70 -6 "FIREARMS OR FIREWORKS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO EXCEPT FROM THE
PROHIBITION OF FIREARMS IN CITY PARKS THE POSSESSION OF A
HANDGUN BY A PERSON LICENSED UNDER THE STATE'S HANDGUN
LICENSING LAW; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
k. Consider an ordinance awarding the Annual Contract for Food and Supplies for the
Pirates Bay Water Park to Ben E. Keith Company.
ORDINANCE NO. 13,076
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BEN E. KEITH COMPANY FOR THE
ANNUAL CONTRACT FOR FOOD AND SUPPLIES FOR THE PIRATES
BAY WATERPARK AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY
THOUSAND AND NO /100 DOLLARS ($240,000.00); MAKING OTHER
City Council Regular Meeting Minutes
December 10, 2015
Page 26 of 32
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Consider an ordinance approving expenditure through the Texas Local
Government Purchasing Cooperative (BuyBoard) with Progressive Commercial Aquatics,
Inc., to purchase equipment for the filter replacement project at Pirates Bay.
ORDINANCE NO. 13,077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED NINETY -SIX THOUSAND FIVE HUNDRED
SIXTY -SEVEN AND NO /100 DOLLARS ($196,567.00) TO PROGRESSIVE
COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) TO
PURCHASE EQUIPMENT FOR THE FILTER REPLACEMENT PROJECT AT
PIRATES BAY WATER PARK; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
m. Consider an ordinance authorizing the acceptance, close -out and final payment to
DT Construction LP, for the construction of the Hartman Bridge Gateway Monument.
ORDINANCE NO. 13,078
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE HARTMAN BRIDGE GATEWAY MONUMENT
PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -
FOUR THOUSAND SIX HUNDRED THIRTY -EIGHT AND 55 /100 DOLLARS
($24,638.55) TO DT CONSTRUCTION, LP, FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
n. Consider an ordinance authorizing the purchase of one (1) 2016 Dodge Ram 2500
crew cab from Chrysler Jeep Dodge City of McKinney, for the Police Department, through
a contract with the State of Texas; along with the purchase and installation of emergency
equipment for the new vehicle from Defender Supply LLC, through a cooperative
purchasing agreement with Tarrant County.
ORDINANCE NO. 13,079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -ONE THOUSAND
FOUR HUNDRED AND NO /100 DOLARS ($51,400.00) TO CHRYSLER JEEP
DODGE CITY OF MCKINNEY, FOR THE PURCHASE OF ONE (1) 2016
DODGE RAM 2500 CREW CAB FOR THE POLICE DEPARTMENT,
THROUGH THE STATE COMPTROLLER OF PUBLIC ACCOUNT'S
TXSMARTBUY SYSTEM; AUTHORIZING THE PAYMENT OF TWELVE
City Council Regular Meeting Minutes
December 10, 2015
Page 27 of 32
THOUSAND ONE HUNDRED FIFTY AND NO /100 DOLLARS ($12,150.00)
TO DEFENDER SUPPLY, LLC, THROUGH A COOPERATIVE
PURCHASING AGREEMENT WITH TARRANT COUNTY FOR THE
PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT FOR
THE NEW VEHICLE;MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing the purchase of six (6) 2016 Chevrolet Tahoes
from Holiday Chevrolet, for the Police Department, through a cooperative purchasing
agreement with Tarrant County along with the purchase and installation of emergency
equipment for the new vehicles from Defender Supply LLC, also through Tarrant County.
ORDINANCE NO. 13,080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THOUSAND
EIGHT HUNDRED SIXTY -TWO AND NO /100 DOLLARS ($200,862.00) TO
HOLIDAY CHEVROLET FOR THE PURCHASE OF SIX (6) 2016
CHEVROLET TAHOES FOR THE POLICE DEPARTMENT, THROUGH A
COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY;
AUTHORIZING THE PAYMENT OF NINETY -EIGHT THOUSAND AND
NO /100 DOLLARS ($98,000.00) TO DEFENDER SUPPLY, LLC, THROUGH
A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT
COUNTY FOR THE PURCHASE AND INSTALLATION OF EMERGENCY
EQUIPMENT FOR THE NEW VEHICLES;MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
P. Consider an ordinance awarding the Annual Portland Cement Contract to Ash
Grove Cement Company.
ORDINANCE NO. 13,081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AWARDING THE ANNUAL PORTLAND CEMENT CONTRACT
TO ASH GROVE CEMENT COMPANY THOUGH THE CITY'S
COOPERATIVE AGREEMENT WITH TARRANT COUNTY;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, OF THE SUM
OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
q. Consider an ordinance authorizing a cooperative purchasing agreement with the
City of La Marque.
City Council Regular Meeting Minutes
December 10, 2015
Page 28 of 32
ORDINANCE NO. 13,082
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 COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF LA MARQUE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
r. Consider an ordinance authorizing the purchase of equipment and installation
services from Audio Visual Technologies Group (AVTG).
ORDINANCE NO. 13,083
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF SEVENTY -THREE THOUSAND FIVE
HUNDRED THIRTY -SIX AND 09/100 DOLLARS ($73,536.09) TO AUDIO
VISUAL TECHNOLOGIES GROUP FOR THE PURCHASE OF A VIDEO
SYSTEM THROUGH THE TEXAS DEPARTMENT OF INFORMATION
RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
S. Consider an ordinance authorizing the City Manager to negotiate and enter into an
agreement with National Union Fire Company, as the carrier /administrator for the City of
Baytown's stop loss coverage.
ORDINANCE NO. 13,084
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANGER TO NEGOTIATE AND
ENTER INTO AN AGREEMENT WITH NATIONAL UNION FIRE
COMPANY AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF
BAYTOWN'S STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN
AMOUNT NOT TO EXCEED NINE HUNDRED TWO THOUSAND AND
NO /100 DOLLARS ($902,000.00) FOR THE SPECIFIC AND AGGREGATE
STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
t. Consider a proposed ordinance amending Chapter 98 "Utilities," Article VI
"Stormwater," Division 1 "Generally," Section 98 -473 "Municipal drainage utility system
charges" of the Code of Ordinances, Baytown, Texas, to update the municipal drainage
utility system charges for nonresidential properties.
City Council Regular Meeting Minutes
December 10, 2015
Page 29 of 32
ORDINANCE NO. 13,085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI
"STORMWATER," DIVISION 1 "GENERALLY," SECTION 98 -473
"MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES," SUBSECTION
(A) "FEE," SUBSECTION (2) "NONRESIDENTIAL PROPERTY" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE MUNICIPAL
DRAINAGE UTILITY SYSTEM FEES FOR NONCOMMERCIAL
PROPERTIES; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
U. Consider an ordinance authorizing the payment of an annual assessment to
the Harris County Appraisal District.
ORDINANCE NO. 13,086
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO
HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES
FOR THE 2016 TAX YEAR IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED SEVENTY -SEVEN THOUSAND NINE HUNDRED EIGHTY -
THREE AND NO /100 DOLLARS ($177,983.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
12.c. Consider an ordinance granting a pipeline permit to Enterprise Products
Operating, LLC.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving consent agenda item 12.c. (Ordinance No. 13,087). The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member David McCartney, Council Member Mercedes Renteria III,
Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Abstain)
Approved
City Council Regular Meeting Minutes
December 10, 2015
Page 30 of 32
ORDINANCE NO. 13,087
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO ENTERPRISE PRODUCTS
OPERATING, LLC, TO INSTALL A NEW TWELVE -INCH (12 ") PIPELINE
IN AN EXISTING PIPELINE COORIDOR; ESTABLISHING THE AMOUNT
OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF
ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
13. APPOINTMENTS
a. Conduct the election of the Baytown City Council Mayor Pro Tem.
The newly elected Mayor Pro Tem Council Member Terry Sain shall serve for six months,
beginning January 01, 2016, and ending on June 30, 2016.
A motion was made by Council Member David McCartney and seconded by Council Member
Chris Presley approving the election of Council Member Sain to serve as the Mayor Pro Tem
beginning January 01, 2016 and ending on June 30, 2016. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
b. Consider five (5) appointments to the Planning and Zoning Commission.
Mrs. Brysch presented the agenda item to consider the five (5) appointments of R. D. Burnside,
Brandon Benoit, Shawn McDonald, Gilbert Chambers, and James Cox to the Planning and
Zoning Commission.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving the appointments of R. D. Burnside, Brandon Benoit, Shawn McDonald,
Gilbert Chambers, and James Cox. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
City Council Regular Meeting Minutes
December 10, 2015
Page 31 of 32
Nays: None
Approved
C. Consider one (1) City Manager's appointment to the Civil Service Commission.
Mrs. Brysch presented the agenda item to consider the City Manager's appointment of Mr.
Dennis G. Araujo to the Civil Service Commission.
A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member
Mercedes Renteria III approving the appointment of Mr. Dennis G. Araujo to the Civil Service
Commission. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sam, Council
Member Chris Presley
Nays: None
Approved
14. MANAGER'S REPORT
a. Present an update regarding the San Jacinto Mall.
Mayor DonCarlos presented the update regarding the San Jacinto Mall and stated that the
demolition of the Montgomery Wards wing of the mall will occur in January.
b. Announce the annual waiver of the Animal Adoption Spay / Neuter Voucher Fee for
the month of December.
Mr. Lester stated that the Baytown Animal Control Facility has for several years waived' the
$40.00 Spay / Neuter Voucher Fee during the month of December to promote animal adoptions
at the Shelter.
C. City of Baytown offices will be closed on Thursday, December 24th and Friday,
December 25th, 2015, in observance of Christmas; and on Thursday, December 31, at 2:00
P.M., and all day Friday, January 01, 2016, in observance of New Year's Day.
City Manager Davis presented the agenda item and stated that the City of Baytown offices will
be closed on Thursday, December 24th and Friday, December 25th, 2015, in observance of
Christmas; and on Thursday, December 31, at 2:00 P.M., and all day Friday, January 1st, 2016,
in observance of New Year's Day.
City Council Regular Meeting Minutes
December 10, 2015
Page 32 of 32
15.
a. Recess into and conduct an executive session pursuant to Sections 551.071, 551.072
and 551.087 of the Texas Government Code to deliberate the purchase of real property for
municipal purposes, to deliberate the offer of a financial or other incentive to a business
prospect, and to seek the advice of the City Attorney on legal matters related thereto.
At 9:13 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Sections 551.071, 551.072 and 551.087 of the Texas Government Code to deliberate the
purchase of real property for municipal purposes, to deliberate the offer of a financial or other
incentive to a business prospect, and to seek the advice of the City Attorney on legal matters
related thereto.
At 9:47 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular
Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings
Act, no action was taken in the Executive Session.
C. Consider an ordinance authorizing an earnest money contract for the purchase of
real property for municipal purposes.
There was no action taken on this item.
16. ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member Chris
Presley adjourning the December 10, 2015, City Council Regular meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the December 10,
2015, City Council Regular Meeting at 9:47 P.M.
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Leticia Brysch, City Cler 0 ? o
City of Baytown �►� zF