2017 03 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
March 09, 2017
The City Council of the City of Baytown Texas met in a Regular Meeting on Thursday, March
09 2017, at 6:31 P M in the Council Chamber of the Baytown City Hall 2401 Market Street
Baytown Texas with the following in attendance
Laura Alvarado
Council Member
Robert Hoskins
Council Member
Charles Johnson
Council Member
David McCartney
Council Member
Chris Presley
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 March 09 2017 City Council Regular Meeting with a quorum
present at 6.31 P M., all members were present with the exception of Council Member Sam who
was absent
Pledge of Allegiance Texas Pledge and Invocation was led by Council Member Presley
MINUTES
a Consider approving the minutes of the Baytown City Council Work Session and
Regular Meeting held on February 09 2017
A motion was made by Council Member Robert C Hoskins and seconded by Council Member
Laura Alvarado approving the February 09, 2017, City Council Work Session and Regular
Meeting minutes The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council
Member Robert C Hoskins Mayor Pro Tem David McCartney Council
Member Laura Alvarado, Council Member Chris Presley
Nays None
Other Council Member Terry Sain (Absent)
City Council Regular Meeting Minutes
March 09 2017
Page 2 of 10
Approved
CITIZEN COMMUNICATIONS
a Mr Roland Castellanos requested to appear before the Mayor and Council to
discuss alternative design options for the intersection of San Jacinto Boulevard and West
Cedar Bayou Lynchburg Road
Mr Roland Castellanos stated that he represented his father and family who live at 2102 West
Cedar Bayou Lynchburg Road He stated that they're protesting the design by Kimley Hom for
the San Jacinto Boulevard and West Cedar Bayou Lynchburg Road in which they discussed
their concerns, as well as, provided alternate solutions of such in a previous meeting met with
Mr Ron Bottoms and Mr Jose Pastrana. He noted that because an agreement was not met during
that meeting he wanted to further discuss the concems with Council, in which he provided
Council with an alternate design for their viewing. He stated that their primary concern with the
design by Kimley Horn is that it cuts through half of his dads property taken over 3/4 of an acre,
which puts his father in a position where he could not stay on his property and limits his ability
to sale it for commercial use in the future Me Castellanos stated that an additional concern
from Kimley Hom's design is that it does not meet the minimum requirement for a 100 feet
tangency between the reverse curves which is required by Hams County and the City of
Baytown s Municipal code Section 126:509 (b) He noted that Kimley Hom's design does not
allow for enough mad frontage to meet the 165 feet driveway separation between the street
intersection and his father's driveway He stated that his design is proposing to change the
routing by bringing the intersection to a 90 degree intersection at West Cedar Bayou Lynchburg
Road and San Jacinto Boulevard He stated that the improvements from his design saves the city
money by purchasing less acreage from the right of way acquisition of the Castellanos property
and to utilize the greater portion of land acquired from his Uncle Nick Perez to avoid them
having to enter into a condemnation proceedings Additionally, Mr Castellanos stated that his
design will allow his dad to live on his property in which he worked to acquire and also give the
city enough to continue their plans
REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS
a Conduct a public hearing regarding a proposed amendment of the approved project
plan and reinvestment zone financing plan (the "Plan") for Reinvestment Zone Number
One City of Baytown, Texas (the "Zone") resulting in an adjustment in geographic area
and an increase in project costs of the Zone
At 6:39 P M., Mayor DonCarlos opened and conducted a public hearing regarding a proposed
amendment of the approved project plan and reinvestment zone financing plan (the "Plan") for
Reinvestment Zone Number One, City of Baytown, Texas (the "Zone") resulting in an
adjustment in geographic area and an increase in project costs of the Zone
Deputy City Manager Bottoms presented a summary of the public hearing and stated
that the proposal is to amend the tax increment reinvestment zone to include the property along
Kilgore Parkway, as well as, disannex approximately 80 acres of property along
City Council Regular Meering Minutes
March 09 2017
Page 3 of 10
Wallisville Additionally he noted that the developer would provide a presentation of their
purpose for the annexation
David Kadlar and Parke Patterson both registered to speak before the public hearing to provide
answers to any questions regarding agenda item 3.a.
Mr Kadjar stated that he's the manager of 195 acres of mixed use development within the City's
ETJ, in Chambers County He stated that the development would be called South Winds and
would be located on the north and south sides of Kilgore Parkway immediately east of Highway
146 in Municipal Utility District (MUD) #1 whereas they currently have a development
agreement with the MUD #1 He noted that approximately 118 acres will be developed as a
single family residential community He stated that the City expressed intentions to annex the
property in March of 2021, and upon that annexation it is their desire to obtain a TIRZ agreement
with the City to provide a vehicle for partial reimbursement for development costs Mr Kadlar
noted that by the time the project is annexed they anticipate that all sanitary and storm sewer
improvements will be in place and be reimbursed by either the MUD or the City He stated that
the seasoned developers and duo of Parke Patterson and Keith Behrens agreed to develop this top
notch residential community and Huntington Properties will develop a first rate apartment
project in South Winds He stated that they're collaborating with the residential developers to
create restrictions to be governed by a home owners association as well as a property owner's
association to manage the entire project He further stated that there will be approximately 53
acres of Class A commercial development providing for good tax revenue for the city He stated
that the majority of his development costs will be reimbursed prior to the application for TIRZ,
but as the residential developers will be doing their project in phases they will need the benefit of
the TIRZ to continue with their operations Additionally he noted that the developers would
provide to council a presentation of then proposed vision for the development
Mr Patterson stated that they have experience in developing property into lots then selling them
to home builders, but noted that they would not be building the homes He stated that they will
do the infrastructure of the planning work currently being done along with the recreational
facilities connected with the lots He further stated that their plan will have close to 500 lots of
various sizes of 50 and 60 feet in width parks open space, and recreational facilities
Additionally he stated that there will be interconnected sidewalks with a trail system to connect
with the parkway areas and that the project is estimated for a seven (7) to eight (8) year build out
With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed
the public hearing at 6.46 P M
b Consider an ordinance annexing approximately 228 acres of land into Reinvestment
Zone Number One, City of Baytown, Texas (the 'Zone"), disannexing approximately 79
acres from the Zone, and adopting the Restated and Sixth Amended Project Plan and
Reinvestment Zone Financing Plan
A motion was made by Council Member Robert C Hoskins and seconded by Mayor Pro Tem
David McCartney approving Ordinance No 13,423 regarding agenda item 3 b The vote was as
follows
City Council Regular Meeting Minutes
March 09 2017
Page 4 of 10
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C Hoskins Mayor Pro Tem David McCartney, Council
Member Laura Alvarado Council Member Chris Presley
Nays None
Other Council Member Terry Sam (Absent)
Approved
ORDINANCE NO 13423
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, CHANGING THE BOUNDARIES OF REINVESTMENT ZONE
NUMBER ONE CITY OF BAYTOWN, TEXAS, APPROVING THE
RESTATED AND SIXTH AMENDMENT TO THE PROJECT PLAN AND
REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE
NUMBER ONE, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY
SECRETARY TO DISTRIBUTE SUCH PLANS, CONTAINING FINDINGS
AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS,
PROVIDING FOR SEVERABILITY AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
PROPOSED ORDINANCES
a Consider an ordinance granting Carson & Barnes Circus a variance to the Live
Outdoor Exhibition Ordinance regarding the distance requirement from residential areas
for a circus to be held from March 21 22, 2017, at the Baytown Youth Fairgrounds, located
at 7900 N Main Street, Baytown Texas 77521
Health Department Director, Mike Lester presented the agenda item and stated that this variance
is a standard type variance request for a live outdoor exhibition, in which tins event is located at
the Baytown Youth Fairgrounds Additionally he stated that there's a house located within the
required 500 feet distance but that the area where the circus will be set up is well over that
requirement and staff recommends approval
A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member
Chris Presley approving Ordinance No 13 424 regarding agenda item 4.a. The vote was as
follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council
Member Robert C Hoskins, Mayor Pro Tem David McCartney Council
Member Laura Alvarado, Council Member Chris Presley
Nays None
Other Council Member Terry Sam (Absent)
Approved
ORDINANCE NO 13,424
City Council Regular Meeting Minutes
March 09 2017
Page 5 of 10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND
SANITATION " ARTICLE V LIVE OUTDOOR EXHIBITIONS; SECTION
42-286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN TEXAS TO WAIVE THE DISTANCE REQUIREMENT FOR
THE CARSON & BARNES CIRCUS TO BE HELD MARCH 21 2017 TO
MARCH 22, 2017, FROM 4:30 P M TO 10:00 P M., AT 7900 N MAIN ST
BAYTOWN TEXAS CONTINGENT UPON CARSON & BARNES
CIRCUS'S RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION
PURSUANT TO SECTION 42 286 OF THE CODE OF ORDINANCES
BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
b Consider an ordinance accepting the donation of 12.9278 acres of land situated in
the William Scott Upper League, Abstract 66, Harris County Texas for municipal
purposes
City Attorney Ignacio Ramirez presented the agenda item and stated that Ordinance No 13,425
accepts the donation of 12.9278 acres of land situated in the William Scott Upper League He
stated that this property is adjacent to the City Hall/Community Center Complex as well as to
NC Foot Park with access off W Main Street He stated that the current property owner's has
owned the land for over 100 years with the last transfer being in 1929 He stated that because the
owners from the 1929 conveyance have been deceased for some time Chicago Title along
with the efforts of one of the heirs, Mr Charles Scott worked diligently to obtain the signatures
of all of the helm Additionally, Mr Ramirez noted that the City anticipate closing on the
property on March 10 2017 with the City's costs to include the closing expenses
A motion was made by Council Member Chris Presley and seconded by Council Member Robert
C Hoskins approving Ordinance No 13,425 regarding agenda item 4.b The vote was as
follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council
Member Robert C Hoskins Mayor Pro Tem David McCartney Council
Member Laura Alvarado. Council Member Chris Presley
Nays None
Other Council Member Terry Sain (Absent)
Approved
City Council Regular Meeting Minutes
March 09 2017
Page 6 of 10
ORDINANCE NO 13 425
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS ACCEPTING THE DONATION OF 12.9278 ACRES OF LAND
SITUATED IN THE WILLIAM SCOTT UPPER LEAGUE ABSTRACT 66
HARRIS COUNTY TEXAS FOR MUNICIPAL PURPOSES FROM
CHARLES SCOTT FOR LIFT STATION ACCESS AND OTHER MUNICIPAL
PURPOSES, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
a Consider a resolution granting the petition of Faith Family Church of Baytown,
Inc., for the proposed annexation of approximately 28.04 acres, save and except, (t) 0.178
acres previously annexed by Ordinance 12,684 and (it) 11.262 acres previously annexed by
Ordinance 11,914, located on the east side of N Main Street across from the terminating
point of Hunt Road at its intersection with N Main Street, adjacent to the property
at 6730 N Main Street, legally described as part of and out of Lots 27, and 28, Block 19,
Highland Farms Harris County Texas
Planning and Community Development Director, Tiffany Foster presented the agenda item and
stated that this petition is for a voluntary annexation of approximately 16.60 acres located
along N Main Street near the intersection of N Main and Hunt Road Additionally she stated
that the plan for this land is for a future church for the Faith Family Church as they are currently
holding services in Sterling High School
A motion was made by Council Member Robert C Hoskins and seconded by Council Member
Chris Presley approving Resolution No 2465 regarding agenda item 5.a. The vote was as
follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C Hoskins Mayor Pro Tem David McCartney Council
Member Laura Alvarado Council Member Chris Presley
Nays None
Other Council Member Terry Sam (Absent)
Approved
RESOLUTION NO 2465
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS GRANTING THE PETITION OF FAITH FAMILY CHURCH OF
BAYTOWN, INC., FOR THE ANNEXATION OF APPROXIMATELY 16.60
ACRES LOCATED ON THE EAST SIDE OF N MAIN STREET NEAR THE
City Council Regular Meeting Minutes
March 09 2017
Page 7 of 10
N MAIN AND HUNT ROAD INTERSECTION LEGALLY DESCRIBED AS
PART OF AND OUT OF LOTS 27 AND 28 BLOCK 19 HIGHLAND
FARMS, HARRIS COUNTY TEXAS. AUTHORIZING THE PREPARATION
OF A SERVICE PLAN, AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
CONSENT
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David
McCartney approving consent agenda items 6.a. through 6.d The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council
Member Robert C Hoskins, Mayor Pro Tem David McCartney, Council
Member Laura Alvarado Council Member Chris Presley
Nays None
Other Council Member Terry Sam (Absent)
Approved
a Consider an ordinance awarding a contract to Kraftsman L.P, through the Texas
Local Government Purchasing Cooperative (Buy Board), for construction of a concrete
parking lot at the Bayland Park "Buddy McBride" Boat Ramp
ORDINANCE NO 13,426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS AUTHORIZING THE PAYMENT OF THREE HUNDRED
SEVENTY EIGHT THOUSAND THREE HUNDRED NINETYAND NO/100
DOLLARS ($378,390.00) TO KRAFTSMAN, L.P , FOR THE
CONSTRUCTION OF A CONCRETE PARKING LOT AT THE BAYLAND
PARK 'BUDDY MCBRIDE" BOAT RAMP THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) MAKING
OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
b Consider an ordinance authonzmg the purchase of four (4) Dodge vehicles as
replacement units for the Police Department from Grapevine Dodge Chrysler Jeep
ORDINANCE NO 13,427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS AUTHORIZING THE PAYMENT OF NINETY FIVE THOUSAND
SEVENTY TWO AND NO/100 DOLLARS ($95,072.00) TO GRAPEVINE
DODGE CHRYSLER JEEP FOR THE PURCHASE OF FOUR (4) DODGE
City Council Regular Meeting Minutes
Mareh09 2017
Page 8 of 10
VEHICLES FOR THE POLICE DEPARTMENT THROUGH THE TEXAS
LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD)
AND THE COOPERATIVE PURCHASING AGREEMENT WITH TARRANT
COUNTY, MAKING OTHER PROVISIONS RELATED THERETO AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
c Consider an ordinance awarding the Pelly Area Pipebursting Project to Texas Pride
Utilities, LLC
ORDINANCE NO 13,428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, ACCEPTING THE BID OF TEXAS PRIDE UTILITIES, LLC FOR
THE PELLY AREA PIPEBURSTING PROJECT, AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH TEXAS PRIDE UTILITIES LLC FOR
SAID PROJECT, AUTHORIZING PAYMENT NOT TO EXCEED THE SUM
OF THREE HUNDRED NINETY FIVE THOUSAND THREE HUNDRED
AND NO/100 DOLLARS ($395,300.00) MAKING OTHER PROVISIONS
RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
d Consider a resolution confirming that the City Council of the City of Baytown elects
to become eligible to participate in tax abatement pursuant to the Property Redevelopment
and Tax Abatement Act and adopting guidelines and criteria for granting tax abatement in
a reinvestment zone created in Harris and/or Chambers Counties
RESOLUTION NO 2466
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS- ELECTING TO BECOME ELIGIBLE TO PARTICIPATE IN TAX
ABATEMENT PURSUANT TO THE PROPERTY REDEVELOPMENT AND
TAX ABATEMENT ACT ADOPTING GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENTS IN A REINVESTMENT ZONE CREATED
IN HARRIS COUNTY OR CHAMBERS COUNTY ADOPTING SUCH
GUIDELINES AND CRITERIA, AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF
Consider one (1) appointment to the Charter Review Committee
City Clerk Leticia Brysch presented the agenda item to consider one (1) appointment to
the Charter Review Committee She stated that Ms Vivian Hemphill who was nominated as the
District No 2 appointment has since made notice that she's unable to assist with this endeavor
City Council Regular Meeting Minutes
March 09 2017
Page 9 of 10
therefore Council Member Presley nominated Mr Mitchell Pearce as her replacement
appointment on the Charter Review Committee
A motion was made by Council Member Chris Presley and seconded by Council Member
Charles Johnson approving the appointment of Mr Mitchell Pearce to the Charter Review
Committee The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council
Member Robert C Hoskins, Mayor Pro Tem David McCartney, Council
Member Laura Alvarado Council Member Chris Presley
Nays None
Other Council Member Terry Sam (Absent)
Approved
8 MANAGER'S REPORT
a Present information regarding the 2017 Spring Break Camp
Director of the Parks and Recreation Department, Scott Johnson presented the agenda item and
stated that the annual sprig break camp will take place at the Wetlands Center from March 13-
17 2017 from 8:00 A.M — 4'00 P M
b Present information regarding the opening of the City's five spray parks for the
2017 summer season
Mr Scott Johnson presented the agenda item and stated that the City's five (5) spray parks opens
for the 2017 summer season on Saturday March 11 2017 at 10:00 A.M Additionally he noted
the new Jenkins Spray Park is anticipated to open in late March or early April
Mayor DonCarlos inquired if the additions for the Pirates Bay Wateipark were on schedule. Mr
Johnson stated that the Pirates Bay additions were on schedule and noted that the boomerang
replacement is expected to arrive on March 22"a and also noted that the crew that's putting up the
slides will also do the boomerang replacement
City Manager Davis acknowledged three (3) lifeguards Terry Calhoun Cameron Casey and
Xavier LeDay, for their assistance with a heart attack victim at Barbers Hill and also Esmeralda
Martinez and Rachel Dyer for receiving their tenth star award from the utility billing department
He further acknowledged Mike Mueller and Minh Kotlartz for taking first place at the TRAP
State Equipment Rodeo in an irrigation competition, Terry Dean for taking fourth place in the
backhoe competition and the parks department for taking second place overall in this state wide
competition Additionally he stated that Judge Julie Escalante acknowledged Officer
Christopher Obenland for showing up for court despite not feeling well and displaying a
professional cooperative demeanor
City Council Regular Meeting Minutes
March 09 2017
Page 10 of 10
ADJOURN
A motion was made by Council Member Robert C Hoskins and seconded by Council Member
Chris Presley adjourning the March 09, 2017, City Council Regular Meeting The vote was as
follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Council
Member Robert C Hoskins, Mayor Pro Tem David McCartney, Council
Member Laura Alvarado Council Member Chris Presley
Nays None
Other- Council Member Terry Sam (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the March 09,
2017 City Council Regular Meeting at 6.59 P M
VTO/
7&4VA-4?
Lencia Brysch, City Clerk
City of Baytown
..........
•�