2016 09 22 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
September 22, 2016
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 22, 2016, 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
Council Member
Robert Hoskins
Council Member
David McCartney
Council Member
Chris Presley
Council Member
Terry Sain
Council Member
Stephen H. DonCarlos Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the September 22, 2016, City Council Regular Meeting with a
quorum present at 6:30 P.M., all members were present with the exception of Council Member
Renteria who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain.
1. MINUTES
a. Consider approving the minutes of the Special City Council Meeting held on
September 01, 2016.
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney approving the September 01, 2016, City Council Special Meeting minutes. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
City Council Regular Meeting Minutes
September 22, 2016
Page 2 of 19
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. Lori Stone requested to appear before Council regarding her experience as the
Animal Service Representative on the Animal Control Advisory Board.
Ms. Stone stated that she resides at 8207 Beechhaven Lane, Baytown, Texas and has been
involved with animal. rescue for over 15 years, but is now retiring and will no longer serve on the
Animal Control Advisory Committee where she's served since 2007. She stated that she
believes that an animal welfare representative should be actively involved in the community and
noted that she's witnessed many improvements to the animal services, but that more officers are
needed before the other recommendations can be implemented.
Mayor DonCarlos presented Ms. Stone with a plaque of appreciation for her services.
b. Chief Dougherty presented the Baytown Police Department's Life Saving Award for
service on August 21, 2016.
Police Chief, Keith Dougherty presented to Officer K. Zinter, Officer M. Pigg, Officer C.
Obenland, Officer J. Nguyen and Officer J. Barrera the Baytown Police Department's Life
Saving Award for service on August 21, 2016, at the scene of a major accident with an entrapped
citizen.
C. Recognize City of Baytown Employees for their Years of Service.
Director of Human Resources, Carol Flynt presented the agenda item and recognized City of
Baytown Employees for their years of service.
5 Years
William "Scott" Tomlin, Fire Dept., Paramedic
Daniel Calhoun, Fire Dept., Firefighter
Clayton Breeding, Police Dept., Officer
10 Years
Blake Nichols, Fire Dept., Equipment Operator
d. The 11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at
Bicentennial Park.
Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the
11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at Bicentennial Park to
begin at 4:30 P.M.
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September 22, 2016
Page 3 of 19
Mr. Jacob Schaffer presented this year's lineup and stated that the lineup include performances
from Mariachi Los Gallitos, H.O.L.A Ballet Folklorico, The Hometown Boys, and A. B.
Quintanilla and the Elektro Kumbia Kings. Mr. Schaffer noted that the H.O.L.A Ballet
Folklorico will perform traditional dances between acts.
3. ANNEXATION OF APPROXIMATELY 230.36 ACRES OF LAND
a. Consider an ordinance authorizing one or more Development Agreements with
owners of property within the 230.36 acres of land to be annexed.
Senior Planner Manager, Nathan Dietrich presented the agenda item and stated that Ordinance
No. 13,288 authorizes two (2) development agreements with owners of property within the
230.36 acres of land to be annexed. He stated that approximately 94 acres of development would
be removed with these agreements leaving 136 acres of land to be annexed within the city. He
further noted that the development agreements provides that the property subject to the
agreement will retain its extraterritorial status for up to seven (7) years or until any type of
subdivision plat or related development document is filed or the property loses its agricultural,
wildlife management or timber use exemption, whichever occurs first. Additionally, he stated
that the City offered the development agreements and required the same to be signed before
this meeting or else the property would be subject to annexation.
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
David McCartney approving Ordinance No. 13,288. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,288
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 THE OWNERS OF CERTAIN PROPERTIES WITHIN
THE PROPOSED 230.36 -ACRE ANNEXATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 22, 2016
Page 4 of 19
b. Consider an ordinance for the second and final reading of the proposed involuntary
annexation of approximately 230.36 acres, situated in the J.W. Singleton Survey, Abstract
No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for
multiple parcels and rights -of -way, located approximately 130 feet east of N. Main Street,
including Blue Heron Parkway right -of -way to Crosby Cedar Bayou Road and portions of
Barkuloo Road right -of -way, Harris County, Texas.
Mr. Dietrich presented the agenda item and stated that Ordinance No. 13,273 is the second and
final reading regarding the involuntary annexation previously discussed in agenda item 3.a. He
stated that on June 09, 2016, City Council approved a resolution directing staff to create a service
plan for the proposed area to be annexed and this second reading completes the annexation
proceedings.
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
David McCartney approving Ordinance No. 13,273 regarding the second and final reading of the
involuntary annexation of approximately 23 0.3 6 acres of land near N. Main including Blue
Heron Parkway. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,273
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 230.36 ACRES,
SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D.
MCFADDEN SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY,
ABSTRACT NO. 69 FOR MULTIPLE PARCELS AND RIGHTS - OF -WAY,
LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET,
INCLUDING BLUE HERON PARKWAY RIGHT -OF -WAY TO CROSBY
CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT -
OF -WAY, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
City Council Regular Meeting Minutes
September 22, 2016
Page 5 of 19
C. Consider an ordinance placing the newly annexed properties generally described as
approximately 230.36 acres of land, situated in the J.W. Singleton Survey, Abstract No.
709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69
consisting of multiple parcels and rights -of -way, located approximately 130 feet east of N.
Main Street, including Blue Heron Parkway right -of -way to Crosby Cedar Bayou Road
and portions of Barkuloo Road right -of -way, into Council Districts 4 and 5.
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C.
Hoskins approving Ordinance No. 13,289. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADDING APPROXIMATELY 230.36 -ACRES OF LAND, SITUATED
IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D. MCFADDEN
SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY, ABSTRACT NO.
69 CONSISTING OF MULTIPLE PARCELS AND RIGHTS -OF -WAY,
LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET,
INCLUDING BLUE HERON PARKWAY RIGHT -OF -WAY TO CROSBY
CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT -
OF -WAY, SAVE AND EXCEPT THOSE PROPERTIES SUBJECT TO
DEVELOPMENT AGREEMENTS, INTO COUNCIL DISTRICTS 4 AND 5;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
4. ANNEXATION AND REZONING OF APPROXIMATELY 2.034 ACRES OF
LAND
a. Consider an ordinance for the second and final reading of the proposed voluntary
annexation of approximately 2.034 acres of land, located along the current City
limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of
Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas.
Mr. Dietrich presented the agenda item and stated that the purpose of the annexation is to obtain
utilities for future commercial development. He stated that the proceeding rezoning this
City Council Regular Meeting Minutes
September 22, 2016
Page 6 of 19
property is being processed concurrently with this application. Additionally, Mr. Dietrich stated
that on July 14, 2016, the City Council approved a resolution granting the petition and directed
staff to create a service plan for the proposed area to be annexed.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem
Robert C. Hoskins approving Ordinance No. 13,258 regarding the second and final, reading of a
voluntary annexation of approximately 2.035 acres of land near Archer and Garth Roads. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,258
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 2. 034 ACRES OF
LAND, LOCATED ALONG THE CURRENT CITY LIMITS ON THE SOUTH
SIDE OF ARCHER ROAD AND THE WEST SIDE OF GARTH ROAD, PART
OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, 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 placing the newly annexed property generally described as
approximately 2.034 acres of land, located along the current City limits about 300 feet west
of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22,
Highland Farms, Harris County, Texas, into Council District No. 3.
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem
Robert C. Hoskins approving Ordinance No. 13,290. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
City Council Regular Meeting Minutes
September 22, 2016
Page 7 of 19
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADDING APPROXIMATELY 2.034 ACRES OF LAND, LOCATED
ALONG THE CURRENT CITY LIMITS ABOUT 300 FEET WEST OF THE
INTERSECTION OF ARCHER AND GARTH ROADS, PART OF AND OUT
OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY,
TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Conduct a public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 2.034 acres of land, located along the City limits on the south
side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9,
Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR)
Zoning District to a General Commercial (GC) Zoning District.
At 7:00 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map to rezone approximately 2.034 acres of land, located along
the City limits on the south side of Archer Road and the west side of Garth Road, part of and out
of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open
Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.
Mr. Dietrich stated that currently, the subject property is vacant and the applicant is proposing
future commercial development. Additionally, he stated that this rezoning is consistent with the
Future Land Use Plan and on August 16, 2016, the Planning and Zoning Commission voted to
recommend approval of the zoning map amendment.
With there being no one registered to speak regarding agenda item 4.c., Mayor DonCarlos closed
the public hearing at 7:00 P.M.
d. Consider an ordinance concerning a proposed amendment to the official zoning
map for approximately 2.034 acres of land, located along the City limits on the south side of
Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22,
Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning
District to a General Commercial (GC) Zoning District.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Chris Presley approving Ordinance No. 13,291. The vote was as follows:
City Council Regular Meeting Minutes
September 22, 2016
Page 8 of 19
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,291
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE 2.034 ACRES OF LAND, LOCATED ALONG THE
CITY LIMITS ON THE SOUTH SIDE OF ARCHER ROAD AND THE WEST
SIDE OF GARTH ROAD, PART OF AND OUT OF LOTS 8 AND 9, BLOCK
22, HIGHLAND FARMS, 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.
5. ANNEXATION AND REZONING OF APPROXIMATELY 7.45 ACRES OF
LAND
a. Consider an ordinance for the second and final reading of the proposed voluntary
annexation of approximately 7.45 acres of land, located at 5523 Garth Road which is a
portion of the tract that is currently not in the City limits and legally described as part of
and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas.
Mr. Dietrich presented the agenda item and stated that the purpose of this annexation is to obtain
utilities for future commercial development and an application to zone this property is
being processed concurrently with this application. Additionally, he stated that the City Council
approved a resolution granting the petition and directed staff to create a service plan for the
proposed area to be annexed.
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem
Robert C. Hoskins approving Ordinance No. 13,259 regarding the second and final reading of
the voluntary annexation of approximately 7.45 acres of land at 5523 Garth Road. The vote was
as follows:
City Council Regular Meeting Minutes
September 22, 2016
Page 9 of 19
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,259
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 7.45 ACRES OF LAND,
LOCATED AT 5523 GARTH ROAD, WHICH INCLUDES A PORTION OF
THE TRACT THAT IS CURRENTLY NOT IN THE CITY LIMITS AND
LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10,
BLOCK 22, HIGHLAND FARMS, 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 placing the newly annexed property generally described as
approximately 7.45 acres of land, located at 5523 Garth Road, and legally described as part
of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, into
Council District No. 3.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Chris Presley approving Ordinance No. 13,292. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADDING APPROXIMATELY 7.45 ACRES OF LAND, LOCATED
AT 5523 GARTH ROAD, AND LEGALLY DESCRIBED AS PART OF AND
OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS
City Council Regular Meeting Minutes
September 22, 2016
Page 10 of 19
COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
C. Conduct a public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 7.45 acres of land, located at 5523 Garth Road, legally
described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County,
Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial
(GC) Zoning District.
At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map to rezone approximately 7.45 acres of land, located at
5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland
Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General
Commercial (GC) Zoning District.
Mayor DonCarlos stated that the purpose of this public hearing was obviously clear with regards
to the zoning change.
With there being no one registered to speak regarding agenda item 5.c., Mayor DonCarlos closed
the public hearing at 7:03 P.M.
d. Consider an ordinance concerning a proposed amendment to the official zoning
map for approximately 7.45 acres of land, located at 5523 Garth Road, legally described as
part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from
an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning
District.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Chris Presley approving Ordinance No. 13,293. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 13,293
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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September 22, 2016
Page 11 of 19
BAYTOWN TO REZONE 7.45 ACRES OF LAND, LOCATED AT 5523
GARTH ROAD, LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS
7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, 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.
6. BAYTOWN REVITALIZATION INCENTIVE ZONE
Mayor DonCarlos stated that agenda items 6.a. and 6.b. would be considered together as agenda
item 6.a. renews the zone and agenda item 6.b. adopts the Incentive Policy for the zone.
a. Consider a resolution creating the Baytown Revitalization Incentive Zone, a
neighborhood empowerment zone within a portion of the City of Baytown.
b. Consider an ordinance adopting the Incentive Policy for the Baytown Revitalization
Incentive Zone to exercise certain municipal powers in such neighborhood empowerment
zone.
Community Development Block Grant Program Manager, June Tyler presented the agenda item
and stated that Resolution No. 2439 creates the Baytown Revitalization Incentive Zone (RIZ), a
neighborhood empowerment zone (the "Zone "), within a portion of the City of Baytown. She
stated that there are two (2) separate programs of the RIZ: Program 1- The Basic Incentive and
Program 2 - Tax Refund. She stated that Program 1 waives certain permit and impact fees and
Program 2 refunds the City's ad valorem incremental tax increase and is based on a five (5) year
schedule. Mrs. Tyler further stated that since the adoption of the guidelines in the year 2014, the
following changes proposed include adding approximately 370 parcels to the zone, providing a
definition of property ownership, and updating the fees enumerated in Section 3 due to the
change in the fee schedule.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern
Robert C. Hoskins approving Resolution No. 2439 and Ordinance No. 13,294. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
City Council Regular Meeting Minutes
September 22, 2016
Page 12 of 19
RESOLUTION NO. 2439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CREATING THE BAYTOWN REVITALIZATION INCENTIVE
ZONE, A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN A PORTION
OF THE CITY OF BAYTOWN; MAKING APPROPRIATE FINDINGS
RELATED THERETO; EXERCISING MUNICIPAL POWERS TO
ESTABLISH INCENTIVES WITHIN THE ZONE; ESTABLISHING THE
EFFECTIVE AND EXPIRATION DATES OF THE ZONE AND A
MECHANISM FOR RENEWAL OF THE ZONE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 13,294
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE INCENTIVE POLICY FOR THE BAYTOWN
REVITALIZATION INCENTIVE ZONE TO EXERCISE CERTAIN
MUNICIPAL POWERS IN SUCH NEIGHBORHOOD EMPOWERMENT
ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
7. REPORTS
a. Receive the effective and rollback tax rate calculation for the 2016 tax year (Fiscal
Year 2017).
Finance Director, Wade Nickerson presented the agenda item and stated that the effective tax
rate and the rollback rates were calculated at $0.84737 and $0.82483 per $100 valuation,
respectively. Additionally, he stated that these rates are both above the current rate and no
special public hearings will be held on the rates.
8. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney approving consent agenda items 8.a. through 8.r. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
City Council Regular Meeting Minutes
September 22, 2016
Page 13 of 19
a. Consider an ordinance authorizing the closeout, acceptance and release of
retainage of the CDBG Non - Housing Building and Hardening and Structural
Improvements Project.
ORDINANCE NO. 13,295
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE RETAINAGE OF THE CDBG NON - HOUSING
BUILDING AND HARDENING AND STRUCTURAL IMPROVEMENTS
PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY
THOUSAND SEVEN HUNDRED SIXTY -ONE AND 48/100 DOLLARS
($50,761.48) TO JC STONEWALL CONSTRUCTORS, LP, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the closeout, acceptance and release of retainage
for the Kilgore Pipebursting Project with PM Construction & Rehab, LLC.
ORDINANCE NO. 13,296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE RETAINAGE OF THE KILGORE
PIPEBURSTING PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF EIGHTY -SIX THOUSAND FIVE HUNDRED EIGHTY -SEVEN AND
74/100 DOLLARS ($86,587.74) TO PM CONSTRUCTION & REHAB, LLC,
FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
C. Consider an ordinance authorizing the closeout and acceptance of the 2015 Mill &
Overlay Project.
ORDINANCE NO. 13,297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2015 MILL & OVERLAY PROJECT — YEAR 1;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY -FIVE
THOUSAND SEVEN HUNDRED NINETY -THREE AND 92/100 DOLLARS
($65,793.92) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance renewing the 2016 Annual Sanitary Sewer Rehabilitation
Project with Texas Pride Utilities, LLC for an additional year.
ORDINANCE NO. 13,298
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE 2016 ANNUAL SANITARY SEWER
REHABILITATION PROJECT FOR YEAR 2 WITH TEXAS PRIDE
City Council Regular Meeting Minutes
September 22, 2016
Page 14 of 19
UTILITIES, LLC, FOR 2016; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED
ONE MILLION AND NO /100 DOLLARS ($1,000,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing the closeout, acceptance, and final payment for
the 2015 Annual Waterline Rehabilitation Project -- Year 2, with SKE Construction, LLC.
ORDINANCE NO. 13,299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2015 ANNUAL WATERLINE REHABILITATION
PROJECT — YEAR 2; AUTHORIZING FINAL PAYMENT OF THE SUM OF
THIRTY -FIVE THOUSAND FOUR HUNDRED FIFTY -ONE AND 90/100
DOLLARS ($35,451.90) TO SKE CONSTRUCTION, LLC, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance for the final renewal of the 2015 Annual Waterline
Rehabilitation Project with SKE Construction, LLC, and authorizing Change Order No. 1.
ORDINANCE NO. 13,300
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE 2015 ANNUAL WATERLINE REHABILITATION
CONTRACT FOR YEAR 3 WITH SKE CONSTRUCTION, LLC, FOR 2016;
AUTHORIZING CHANGE ORDER NO. 1 FOR SUCH PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH
RENEWAL IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY
THOUSAND AND NO /100 DOLLARS ($750,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing the Professional Service Agreement with SKA
Consulting, L.P., for the Public Works Fuel Tanks Project.
ORDINANCE NO. 13,301
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH SKA CONSULTING L.P., FOR THE PUBLIC WORKS FUEL TANKS
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED SEVENTY -NINE THOUSAND SIX
HUNDRED FORTY -ONE AND NO /100 DOLLARS ($79,641.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 22, 2016
Page 15 of 19
h. Consider an ordinance authorizing the approval to convert North Civic Drive to a
one -way street and installing the appropriate signage.
ORDINANCE NO. 13,302
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 I "DESIGNATION — ONE WAY STREETS"
OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
TO CONVERT NORTH CIVIC DRIVE TO A ONE -WAY DRIVE;
AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100
DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing the First Amendment to the Chapter 380
Economic Development Agreement with The Kroger Co., to extend the date to obtain
the certificate of occupancy for the new retail grocery store.
ORDINANCE NO. 13,303
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 CHAPTER 380 ECONOMIC DEVELOPMENT
AGREEMENT WITH THE KROGER CO.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing an Interlocal Agreement with Lee College
District for City employees' use of Wellness Center and Swimming Pool.
ORDINANCE NO. 13,304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE
DISTRICT FOR CITY EMPLOYEES' USE OF THE WELLNESS CENTER
AND SWIMMING POOL; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
k. Consider an ordinance approving a contract with the Bay Area Rehabilitation
Center for park cleaning, janitorial services and litter removal.
City Council Regular Meeting Minutes
September 22, 2016
Page 16 of 19
ORDINANCE NO. 13,305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
BAY AREA REHABILITATION CENTER FOR PARK CLEANING AND
UTTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY -FIVE
THOUSAND ONE HUNDRED SEVENTY -SIX AND 45/100 DOLLARS
($95,176.45); MAKING OTHER PROVISIONS RELATED THERETO AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
1. Consider an ordinance establishing speed limits and hours of enforcement in school
zones for all of Goose Creek Consolidated Independent School District's elementary
schools within the City of Baytown.
ORDINANCE NO. 13,306
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.
m. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas
Local Government Purchasing Cooperative (Buy Board), for demolition and construction
of concrete work for the new Aqua Loop and Aqua Drop slides and tower at Pirates Bay.
ORDINANCE NO. 13,307
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED THIRTY -
ONE THOUSAND THREE HUNDRED FORTY -TWO AND NO /100
DOLLARS ($431,342.00) TO KRAFTSMAN L.P., THROUGH THE TEXAS
LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD),
FOR CONCRETE WORK FOR THE NEW AQUA LOOP AND AQUA DROP
SLIDES AND TOWER AT PIRATES BAY; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
September 22, 2016
Page 17 of 19
n. Consider an ordinance authorizing the purchase of prefabricated
restroom buildings for Jenkins Park and the Wayne Gray Sports Complex through the
Texas Local Government Purchasing Cooperative (Buy Board) from Restrooms Facilities
Limited.
ORDINANCE NO. 13,308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY -
TWO THOUSAND FIVE HUNDRED EIGHTY -NINE AND NO /100
DOLLARS ($282,589.00) TO RESTROOMS FACILITIES LIMITED,
THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF
PREFABRICATED BUILDINGS FOR THE JENKINS PARK AND THE
WAYNE GRAY SPORTS COMPLEX; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
o. Consider an ordinance authorizing the purchase of Diamond Mowing Equipment
from Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing
Cooperative (Buyboard).
ORDINANCE NO. 13,309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY -
TWO THOUSAND FIVE HUNDRED EIGHTY -NINE NO /100 DOLLARS
($282,589.00) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY
BOARD), FOR THE PURCHASE OF DIAMOND MOWING EQUIPMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
P. Consider an ordinance authorizing the purchase of John Deere equipment from the
Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing
Cooperative (Buyboard).
ORDINANCE NO. 13,310
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY -
THREE THOUSAND THREE HUNDRED FORTY -SEVEN AND 62/100
DOLLARS ($153,347.62) TO BROOKSIDE EQUIPMENT SALES, INC.,
THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF JOHN DEERE
City Council Regular Meeting Minutes
September 22, 2016
Page 18 of 19
EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
q. Consider an ordinance awarding the Annual Janitorial Supplies contract to Great
Southwest Paper.
ORDINANCE NO. 13,311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF GREAT SOUTHWEST PAPER FOR THE
ANNUAL JANITORIAL SUPPLIES CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY -
FIVE THOUSAND THREE HUNDRED TWENTY -THREE AND 20/100
DOLLARS ($55,323.20); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
r. Consider an ordinance authorizing the sole source purchase of Neptune water
meters, parts and supplies for meter maintenance from HD Supply Waterworks, Ltd.
ORDINANCE NO. 13,312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO
HUNDRED NINETY THOUSAND AND N011 00 DOLLARS ($290,000.00) TO
HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF NEPTUNE
WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
9. MANAGER'S REPORT
a. The 7th Annual Health and Safety Fair will be held on Saturday, October 01, 2016,
from 10:00 A.M. to 2:00 P.M. at Goose Creek Memorial High School, 6001 E. Wallisville
Road.
Emergency Management Coordinator, Bill Vola presented that agenda item and stated that the
2016 Baytown/Chambers LEPC County Health and Safety Fair will take place on Saturday,
October 01, 2016, at Goose Creek Memorial High School from 10:00 A.M. - 2:00 P.M. Mr. Vola
noted that the purpose of this free family event is to provide our residents with an opportunity to
meet and interact with our community providers for health and safety resources.
City Manager Davis presented appreciation to staff, Centerpoint Energy, Baytown Electric,
and Johnson Controls for their contributions in assisting us with restoring power to the Library.
He also presented recognition to Officer Jessica Dorantez and Lloyd Lively for their
accomplishments.
City Council Regular Meeting Minutes
September 22, 2016
Page 19 of 19
Mayor DonCarlos noted that National Night Out for Baytown is on October 04, 2016.
10. ADJOURN
A motion was made by Council Member David McCartney and seconded by Council Member
Brandon Capetillo adjourning the September 22, 2016, City Council Regular Meeting. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the September 22,
2016, City Council Regular Meeting at 7:18 P.M.
ticia Brysch, City Cle
City of Baytown
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