2017 04 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
April 13 2017
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday April
13, 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
Charles Johnson
Council Member
David McCartney
Council Member
Chris Presley
Council Member
Terry Sala
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 April 13 2017 City Council Regular Meeting with a quorum
present at 6:31 P M., all members were present with the exception of Council Members Alvarado
and Hoskins who were both absent
Pledge of Allegiance Texas Pledge and Invocation was led by Council Member Sam.
MINUTES
a Consider approving the minutes of the Baytown City Council Work Session and
Regular Meeting held on March 09, 2017
A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David
McCartney approving the March 09 2017, City Council Work Session and Regular Meeting
minutes The vote was as follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Mayor Pro
Tem David McCartney, Council Member Terry Sam, Council Member
Chris Presley
Nays None
Other Council Member Robert C Hoskins (Absent) Council Member Laura
Alvarado (Absent)
City Council Regular Meeting Minutes
April 13 2017
Page 2 of 18
Approved
2 RECOGNITIONS AND CITIZEN COMMUNICATIONS
a Present a proclamation designating April 2017 as Sexual Assault Awareness Month
in Baytown
Police Chief Keith Dougherty presented the agenda dem and Mayor DonCarlos presented a
proclamation designating April 2017 as Sexual Assault Awareness Month in Baytown
b Present two proclamations designating April 2017, as Fair Housing Month, and
April 17 22, 2017 as Community Development Week in Baytown
Director of Planning and Community Development Services Tiffany Foster presented the
agenda item and Mayor DonCarlos presented two (2) proclamations designating April 2017 as
Fair Housing Month and April 17 22, 2017, as Community Development Week in Baytown
e Recognize Blanca Rubio for her quick response and help after witnessing a car
accident on Market Street
Chief Dougherty presented the agenda item and recognized Blanca Rubio for her quick
response and help after witnessing a car accident on Market Street.
d Presentation of the Excellent Service Medal by the Chief of Police to Officer Clint
Holden
Chief Dougherty presented the agenda item and also presented the Excellent Service Medal
to Officer Clint Holden
e Present the 3rd and 4th of July Celebration schedule and entertainment for 2017
Director of Parks and Recreation Scott Johnson presented the 3rd and 4th of July Celebration
schedule and entertainment for 2017, which included a short commercial to be aired on Channel
16 as well as be placed on the City's website He stated that the schedule and entertainment
line-up for this year's 3rd and 4th of July Celebrations includes Grand Funk Railroad as
the headliner along with the Mambo Jazz Kings for July 3" He stated that the activities and
schedule for July 4th, includes the annual Heat Wave Fun Run vendor booths to open at 4:00
P M. a performance by Picture Book Band at 4.30 P M., the parade at 5.30 P M. a performance
by the local band "The Chaparral Band , a performance by Josh Turner as the headliner and
lastly the fireworks
City Council Regular Meeting Minutes
April 13 2017
Page 3 of la
3 MUNICIPAL DRAINAGE UTILITY SYSTEM'S SCHEDULE OF CHARGES
a Conduct a public hearing at 6:45 P M regarding the proposed adoption of a
schedule of drainage charges for the City's Municipal Drainage Utility System
At 6:50 P M. Mayor DonCarlos opened and conducted a public hearing regarding the proposed
adoption of a schedule of drainage charges for the City's Municipal Drainage Utility System
Health Department Director, Mike Lester summarized the public hearing and stated that this item
is with regards to the storm water fee that was started in the year 2003 He stated that the fee
increased over the years and is being brought forward because of increased regulations coming
as this is the third permit of a five (5) year cycle He stated that staff was recently notified by
Hams County that the City of Baytown is to a point that TCEQ is allowing them to relinquish
some of their inspection responsibilities to the City He noted that as staff is currently dealing
with quantity issues moving into the fourth permit cycle they will be dealing with quality issues,
therefore this will be an opportunity to increase staff and equipment as well as get the storm
drainage cleanup crew to increase their cycles for ditch clean outs and some of the capital
projects on line, which will also help address some of the causes of the flooding issues around
town.
With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed
the public hearing at 6.52 P M
b Consider an ordinance amending Chapter 98 "Utilities " Article VI
'Stormwater," Division 1 "Generally," Section 98-473 "Municipal Drainage Utility System
Charges," Subsection (a) "Fees" of the Code of Ordinances, Baytown, Texas, to amend the
schedule of drainage charges for the City's Municipal Drainage Utility System
A motion was made by Council Member Terry Sam and seconded by Council Member Charles
Johnson approving Ordinance No 13 437 regarding agenda nem 3.b The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro
Tem David McCartney, Council Member Terry Sam Council Member
Chris Presley
Nays None
Other- Council Member Robert C Hoskins (Absent). Council Member Laura
Alvarado (Absent)
Approved
City Council Regular Meeang Minutes
April 13 2017
Page 4 of 18
ORDINANCE NO 13,437
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS AMENDING CHAPTER 98 UTILITIES " ARTICLE VI
STORMWATER" DIVISION I "GENERALLY, SECTION 98473
MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES, SUBSECTION
(A) "FEE" OF THE CODE OF ORDINANCES BAYTOWN TEXAS, TO
UPDATE MUNICIPAL DRAINAGE UTILITY SYSTEM FEES FOR
RESIDENTIAL AND NON RESIDENTIAL PROPERTIES, PROVIDING A
REPEALING CLAUSE CONTAINING A SAVINGS CLAUSE, AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF
ANNEXATION OF APPROXIMATELY 235.98 ACRES OF LAND
a Conduct the second public hearing concerning the involuntary annexation of
approximately 235.98± acres, generally located east of John Martin Road and west of
Garth Road, including multiple parcels and a part of the right -of way of Archer Road
west of its intersection with Garth Road, situated in the W C.RR Survey, Abstract No 899
and the T T Ristergen Survey, Abstract No 1425 Harris County, Texas
At 6:54 P M. Mayor DonCarlos opened and conducted the second public hearing concerning the
Involuntary annexation of approximately 235.98+ acres, generally located east of John Martin
Road and west of Garth Road including multiple parcels and a part of the right -of way of Archer
Road, west of Its Intersection with Garth Road situated in the W C.R.R Survey, Abstract No
899 and the T T Ristergen Survey, Abstract No 1425, Harris County Texas
Mrs Foster presented the summary of the second public hearing concerning the Involuntary
annexation of approximately 235 98± acres of the previously described parcel She stated that
this Is the first part of the annexation plan that was discussed in January and this annexation fills
in the hole adjacent to the city limits, which is the area of the new San Jacinto Boulevard right
of way Additionally she stated that the first reading for this Item will come before Council in
about one month
Glenn and Edwina Yarbrough both registered to speak before the second public hearing
regarding agenda item 4.a
Mr Yarbrough stated that they own land just west of Garth Road properties being 1202 and
1122 W Cedar Bayou Lynchburg and do not wish to be annexed He stated that they have their
own water well and are not interested in city services He noted that he has a small business on
his property whereas he operates on heavy equipment and plans to put a wood fence along the
front side for security purposes
Mrs Yarbrough stated that they've lived on this street for over 30 years and chose the location
because it was not inside of the city limits Additionally she stated that their business has been
operating since yea 2000 and requested that they be allowed to continue to operate their
business as usual
City Council Regular Meeting Minutes
Apnl 13 2017
Page 5 of 18
Mayor DonCarlos asked Mrs Foster to confirm if the Yarbrough's would be allowed to continue
their business the same as they have been In response to Mayor DonCarlos's requested
confirmation Mrs Foster stated that the Yarbrough's can continue to operate as they have been
for years, and noted that staff discussed fencing with them, in which the Yarbrough's indicated
that they were already planning to erect a fence because of other reasons
Council Member McCartney inquired that if the Yarbrough's sold these properties at some other
point would the business be able to continue. In response to Council Member McCarthey's
inquiry, Mrs Foster stated that the business along with its use and intents would be able to
continue, but noted that if someone was to buy the property and decide to tum it into something
else the owners would then need to zone that property appropriately Council Member
McCartney further inquired as to what the zoning would be for this property when it's brought
into the city Mrs Foster stated that it would brought in as open space, but staff decided that with
the involuntary to not zone at this time specifically because a good portion of this area will be
developed as the road is developed She noted that this is the same process used with Blue
Herron Parkway which allowed for property owners to come in and is now being zoned
appropriately She further stated that the future land use plan shows this property to be
commercial, as well as low medium density- therefore, there's a guidance of what the land
should be, but staff is not zoning each of the individual parcels currently
At 7.00 P M. Mayor DonCarlos closed the second public hearing regarding agenda item 4.a.
ANNEXATION OF APPROXIMATELY 28.04 ACRES OF LAND
a Conduct the first public hearing regarding the proposed voluntary annexation of
approximately 28.04 acres, save and except, (t) 0.178 acres previously annexed by
Ordinance 12,684 and (ii) 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 and
legally described as part of and out of Lots 27, and 28, Block 19, Highland Farms, Harris
County, Texas
At 7'01 P M., Mayor DonCarlos opened and conducted the first public hearing regarding the
proposed voluntary annexation of approximately 28.04 acres save and except (i) 0 178 acres
previously annexed by Ordinance 12,684 and (ii) 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 and
legally described as part of and out of Lots 27 and 28 Block 19 Highland Farms, Hams
County Texas.
Mrs Foster summarized the first and second public hearing regarding agenda items 5.a and 5.b
She stated that this is a voluntary public hearing for the petition by Faith Family Church of
Baytown, Inc., for the annexation of the previously described property for the intended
development of a church Additionally she stated that the property owners were available to
provide a presentation of their proposal
City Counal Regular Meeting Minutes
April 13 2017
Page 6 of 18
Kara and Josh Jomes both registered to speak before the first public hearing regarding agenda
item 5.a
Mr Joines stated that they're requesting for Council to consider their petition so that they may
construct their own church facility which will be approximately 50,000 square foot to include a
1,300 seat authtorum
Mrs Kara Jomes did not speak
At 7.03 P M. Mayor DonCarlos closed the first public hearing regarding agenda item 5.a.
b Conduct the second public hearing regarding the proposed voluntary annexation of
approximately 28.04 acres, save and except (i) 0178 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,
and legally described as part of and out of Lots 27 and 28, Block 19, Highland
Farms Harris County, Texas
At 7.04 P M., Mayor DonCarlos opened and conducted the second public hearing regarding the
proposed voluntary annexation of approximately 28.04 acres save and except (i) 0 178 acres
previously annexed by Ordinance 12,684 and (u) 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
and legally described as part of and out of Lots 27 and 28 Block 19, Highland Farms, Hams
County, Texas
With there being no one registered to speak regarding agenda item 5.b., Mayor DonCarlos closed
the second public hearing at 7.04 P M
PROPOSED ORDINANCES
a Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for funding of a development project in the Arts, Cultural
and Entertainment Zoning District at 123 W Defee Street
b Consider an ordinance authorizing a Chapter 380 Agreement for an economic
development project in the Arts Cultural and Entertainment Zoning District at 123 W
Defee Street
Deputy City Manager Bottoms presented agenda items 6.a and 6.b together He stated that the
items were with regards to the renovation of the current budding located at 123 W Defee
Street into the Delmont Hotel He stated that agenda item 6.a is the agreement with MDD and
agenda item 6.b approves the agreement with the developer He further stated that the grant with
MDD consist of $75,000 which will assist with the renovations of the facility to include the
facade improvements Deputy City Manager Bottoms stated that also as part of the agreement the
City Council Regular Meeting Minutes
April 13 2017
Page 7 of 18
property owner will put in over $100,000 of facade improvements, roughly $1 million into the
building, and maintain the value of $750,000 He further noted that there are approximately
seven (7) apartments upstairs, three (3) commercial areas downstairs and that the completion
date per the agreement is December 2017
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David
McCartney approving Ordinance No 13,438 regarding agenda item 6.a and Ordinance No
13,439 regarding agenda item 6.b The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro
Tem David McCartney Council Member Terry Sam Council Member
Chris Presley
Nays None
Other Council Member Robert C Hoskins (Absent) Council Member Laura
Alvarado (Absent)
Approved
ORDINANCE NO 13,438
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING A
DEVELOPMENT PROJECT AND PROVIDING FOR THE EFFECTIVE
DATETHEREOF
ORDINANCE NO 13,439
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 CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH YOYO LLC, SERIES 13
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS
AUTHORIZED IN SAID AGREEMENT MAKING OTHER PROVISIONS
RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
c Consider an ordinance amending Chapter 42 "Health and Sanitation," Article IV
"Food and Food Service Establishments " Division 1 "Generally," Section 42 153 "Mobile
food establishments," Subsection (c) `Application" Subparagraph (3) "Locations of
operation" and Subparagraph (5) "Access to todets' of the Code of Ordinances, Baytown,
Texas to increase the length of time a mobile food unit may remain in one place and to
mcrease the distance between mobile food units and toilets
City Council Regular Meeting Minutes
April 13 2017
Page 8 of 18
Mr Lester presented the agenda item and stated that Ordinance No 13,440 extends the time that
a full service mobile food unit can be in one (1) location from two (2) hours to six (6) hours, as
well as extend the distance between mobile food units and authorized restrooms from 150 feet to
300 feet which was a directive from Council
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David
McCartney approving Ordinance No 13,440 regarding agenda item 6.c The vote was as
follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro
Tem David McCartney. Council Member Terry Sam Council Member
Chris Presley
Nays None
Other Council Member Robert C Hoskins (Absent) Council Member Laura
Alvarado (Absent)
Approved
ORDINANCE NO 13,440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION "
ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS"
DIVISION 1 "GENERALLY" SECTION 42153 "MOBILE FOOD
ESTABLISHMENTS " SUBSECTION (C) "APPLICATION,"
SUBPARAGRAPH (3) "LOCATIONS OF OPERATION" AND
SUBPARAGRAPH (5) 'ACCESS TO TOILETS" OF THE CODE OF
ORDINANCES BAYTOWN, TEXAS, TO INCREASE THE LENGTH OF
TIME A MOBILE FOOD UNIT MAY REMAIN IN ONE PLACE AND TO
INCREASE THE DISTANCE BETWEEN MOBILE FOOD UNITS AND
TOILETS, PROVIDING A REPEALING CLAUSE CONTAINING A
SAVINGS CLAUSE, PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00), AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF
d Consider an ordinance authorizing the purchase and installation of micro seal from
Intermountain Slurry Seal, Inc., utilizing the City of Baytown s Cooperative Purchase
Agreement with North Richland Hills
Mr Kevin Harvdl presented the agenda item and stated that micro is a preventative maintenance
surface treatment used to extend the life of asphalt pavement in which staff has been working on
for quite some time through the PCI process
City Council Regular Meeting Minutes
April 13 2017
Page 9 of 18
Council Member Presley inquired if this process was different than what has been done in the
past In response to Council Member Presley's inquiry Mr Harvill stated that this process is
different as it is poly modified asphalt mixed with crushed limestone and cement that will be
applied at 24 pound per square yard
A motion was made by Council Member Terry Sain and seconded by Council Member Chris
Presley approving Ordinance No 13,441 regarding agenda item 6.d The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro
Tem David McCartney Council Member Terry Sam, Council Member
Chris Presley
Nays None
Other Council Member Robert C Hoskins (Absent) Council Member Laura
Alvarado (Absent)
Approved
ORDINANCE NO 13,441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED NINETY
THREE THOUSAND FOUR HUNDRED FIFTY TWO AND 50/100 DOLLARS
($393 452.50) TO INTERMOUNTAIN SLURRY SEAL INC. FOR THE
PURCHASE AND INSTALLATION OF MICRO SEAL, THROUGH A
COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF NORTH
RICHLAND HILLS, MAKING OTHER PROVISIONS RELATED THERETO,
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
PROPOSED RESOLUTIONS
a Consider a resolution granting the petition of RNP Baytown Property, LLC, for the
proposed annexation of 2.979 acres, located on the south side of W Archer Road,
approximately 367 feet west of Garth Road, legally described as part of and out of Lots 8
Block 22, Highland Farms, T T Ristergen Survey, Abstract Number 1425, Harris County,
Texas
Mrs Foster presented the agenda item and stated that Resolution No 2468 grants the petition for
a voluntary annexation in which the location is part of the involuntary annexation previously
discussed She stated that there's a development in the pipeline that wants to proceed with a
slightly less than three (3) acre development and because they didn't want anything to happen
with their timeline with the involuntary annexation staff worked with them to start a voluntary
process on just the parcel that they needed Additionally she stated that the next step of flus
process is to have the first and second public hearings for this 2.9 acre parcel
City Council Regular Meeting Minutes
April 13 2017
Page 10 of 18
A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member
Chris Presley approving Resolution No 2468 regarding agenda item 7 a. The vote was as
follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Mayor Pro
Tem David McCartney Council Member Terry Sam, Council Member
Chris Presley
Nays None
Other Council Member Robert C Hoskins (Absent) Council Member Laura
Alvarado (Absent)
Approved
RESOLUTION NO 2468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS GRANTING THE PETITION OF RNP BAYTOWN PROPERTY, LLC,
FOR THE ANNEXATION OF APPROXIMATELY 2.979 ACRES, LOCATED
ON THE SOUTH SIDE OF W ARCHER ROAD APPROXIMATELY 367
FEET WEST OF GARTH ROAD, LEGALLY DESCRIBED AS PART OF AND
OUT OF LOTS 8 BLOCK 22 HIGHLAND FARMS, T T RISTERGEN
SURVEY, ABSTRACT NUMBER 1425 HARRIS COUNTY, TEXAS,
AUTHORIZING THE PREPARATION OF A SERVICE PLAN AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
b Consider a resolution supporting Senate BBI 2267, as filed by Senator Brandon
Creighton on April 6, 2017, relatmg to the creation of the Harris County Municipal Utility
District No 555 and providing authority to impose assessments fees and taxes and to issue
bonds
Deputy City Manager Bottoms presented the agenda item and stated that this item is for the
creation of a MUD Additionally, he noted that Mr Michael Johnson of Fnendswood
Development Company ( FDC ) would discuss more of the project regarding this particular
item
Mr Johnson stated that the Friendswood Development Company is a residential developer
created in 1962 and for the past 55 years has been developing single family residential
communities mostly of the master planned community style He stated that they recently lust
completed the final sections of Bay River Colony in Baytown's ETJ and is seeking to introduce a
new community in the northem limits of Baytown Mr Johnson stated that the FDC developed in
one (1) ETJ MUD over the past ten years and is requesting support for the Hams County MUD
555 on 118 acre parcel for the primary use of single family residential
City Council Regular Meeting Mmutes
April 13 2017
Page 11 of 18
Council Member McCartney inquired of the price point of the houses Mr Johnson stated that
the preliminary price point of sections of would be in the $200,000 and up range as the initial
target
Council Member Presley inquired of the size of the lots Mr Johnson stated that the lot sizes
were open to determination at the current time, but noted that the minimum would be of 50X 120
Michael Johnson registered to speak regarding agenda item 7 b
A motion was made by Council Member Terry Sain and seconded by Council Member Chris
Presley approving Resolution No 2469 regarding agenda item 7 b The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro
Tem David McCartney Council Member Terry Sam Council Member
Chris Presley
Nays None
Other Council Member Robert C Hoskins (Absent) Council Member Laura
Alvarado (Absent)
Approved
RESOLUTION NO 2469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, EXPRESSING ITS SUPPORT TO THE CREATION OF A
POLITICAL SUBDIVISION TO BE KNOWN AS HARRIS COUNTY
MUNICIPAL UTILITY DISTRICT NO 555, AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
8 CONSENT
City Attorney Ignacio Ramirez noted to Council with regards to consent agenda item 8.g. that
the agreement with Lee College to include changes was at the each of their places at the Dias
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David
McCartney approving consent agenda items 8.a through 8.m The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro
Tem David McCartney Council Member Terry Sam Council Member
Chris Presley
Nays None
City Council Regular Meeting Minutes
April 13 2017
Page 12 of 19
Other Council Member Robert C Hoskins (Absent), Council Member Laura
Alvarado (Absent)
Approved
a Consider an ordinance authorizing an Industrial District Agreement with National
Oilwell Varco, L.P
ORDINANCE NO 13442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH NATIONAL OILWELL VARCO, L.P, AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
b Consider an ordinance authorizing an Industrial District Agreement with Lone Star
NGL Asset Holdings II, LLC., for Fractionator V
ORDINANCE NO 13,443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH LONE STAR NGL ASSET HOLDINGS 1I LLC FOR
FRACTIONATOR V AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
c Consider an ordinance authorizing the closeout, acceptance, final payment,
and release of retainage for the 2015 Mill & Overlay Project — Year 2, with Angel Brothers
Enterprises, LTD
ORDINANCE NO 13,444
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2015 MILL AND OVERLAY PROJECT — YEAR
2, AUTHORIZING FINAL PAYMENT OF THE SUM OF THREE HUNDRED
NINETY TWO THOUSAND THREE HUNDRED NINETY SIX AND 64/100
DOLLARS ($392,396.64) TO ANGEL BROTHERS ENTERPRISES LTD FOR
SAID PROJECT AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
all Consider an ordinance authorizing Change Order No 2 to LEM Construction Co.,
Inc., for the CDBG Non Housing Central District Wastewater Treatment Plant Flood
Improvement Project
City Council Regular Meeting Minutes
April 13, 2017
Page 13 of 18
ORDINANCE NO 13,445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO 2 WITH LEM
CONSTRUCTION CO., INC., FOR THE CDBG NON HOUSING CENTRAL
DISTRICT WASTEWATER TREATMENT PLANT FLOOD IMPROVEMENT
PROJECT IN THE AMOUNT OF ONE HUNDRED SEVENTY SEVEN
THOUSAND SEVEN HUNDRED TWENTY ONE AND 96/100 DOLLARS
($177 721.96), AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
e Consider an ordinance rejecting all bids received for the Partial Service Area
Diversion to the Northeast Wastewater Treatment Plant Service Area Alternative Project
received on January 10, 2017
Mayor DonCarlos stated that there was an item in the legal notices section of the Baytown Son
regarding the Baytown Area Water Authority (BAWA) and the Northeast Wastewater Treatment
Plant and further inquired as to what relations they have with another as it mentioned Partial
Diversion Project and BAWA In response to Mayor DonCarlos's inquiry Deputy City Manager
Bottoms stated that the BAWA East Plant is a water treatment plant which has no relations to the
Northeast Plant and further noted that it wasn't the BAWA, but rather the diversion from the
West Plant to the Northeast Plant. Additionally Deputy City Manager Bottoms stated that this
particular project bids came in higher than expected so the scope of work was changed and
reiterated that this had nothing to do with BAWA Mayor DonCarlos requested staff to review
that legal notice for verification purposes
ORDINANCE NO 13 446
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS REJECTING THE BIDS RECEIVED FOR THE PARTIAL SERVICE
AREA DIVERSION TO THE NORTHEAST WASTEWATER TREATMENT
PLANT SERVICE AREA ALTERNATIVE PROJECT AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF
I Consider authorizing the Second Amendment to the Economic Development
Agreement under Chapter 380 of the Texas Local Gov't Code with A S 115 SH 146 -IH 10,
L.P., to revise the sign plan
ORDINANCE NO 13,447
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 SECOND
AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT
AGREEMENT WITH A -S 115 SH 146 IH 10, L.P, AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF
City Council Regular Meeting Minutes
April 13, 2017
Page 14 of 18
g Consider an ordinance authorizing an Interlocal Agreement with Lee College
District for the use of their Wellness Center and Swimming Pool by the City Council
Members and City employees
ORDINANCE NO 13,448
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 THE USE OF THE WELLNESS CENTER AND SWIMMING
POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
h Consider an ordinance repealing Ordinance No 13,333, which authorized the
purchase of 110 body -worn cameras, related equipment and a three-year all-inclusive local
storage plan, and authorizing the purchase of 110 body worn cameras, related equipment
unlimited storage and replacement plan from Axon Enterprise Inc., f/k/a Taser
International, Inc
ORDINANCE NO 13,449
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO 13 333 WHICH AUTHORIZED
THE PURCHASE OF 110 BODY WORN CAMERAS RELATED
EQUIPMENT AND A THREE YEAR ALL INCLUSIVE LOCAL STORAGE
PLAN AUTHORIZING THE PAYMENT OF NINETY FOUR THOUSAND
EIGHT HUNDRED SEVENTY AND 90/100 DOLLARS ($94,870.90)
TO TASER INTERNATIONAL, FOR THE PURCHASE OF ONE HUNDRED
TEN (I 10) BODY WORN CAMERAS WITH RELATED EQUIPMENT AND
AN ALL-INCLUSIVE UNLIMITED DATA STORAGE PLAN FOR THE
POLICE DEPARTMENT THROUGH THE TEXAS LOCAL GOVERNMENT
PURCHASING COOPERATIVE (BUY BOARD) MAKING OTHER
PROVISIONS RELATED THERETO, AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
i Consider an ordinance authorizing the renewal of the Annual Wood Grinding and
Material Handling Services Contract to Novas Wood Group, L.P
ORDINANCE NO 13,450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL WOOD GRINDING AND MATERIAL
HANDLING SERVICES CONTRACT WITH NOVUS WOOD GROUP L.P
AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM
OF TWO HUNDRED TEN THOUSAND AND NO/100 DOLLARS
City Council Regular Meeting Minutes
April 13 2017
Page 15 of 18
($210,000.00) MAKING OTHER PROVISIONS RELATED THERETO, AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
I Consider an ordinance renewing the Annual Cement Stabilized Sand Contract with
MegaSand Enterprises Inc
ORDINANCE NO 13,451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL CEMENT STABILIZED SAND
CONTRACT WITH MEGASAND ENTERPRISES INC. AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF ONE
HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED SEVENTY FIVE
AND NO/100 DOLLARS ($163,575.00) MAKING OTHER PROVISIONS
RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
k. Consider an ordinance awarding the Annual Janitorial Services Contract to
McLemore Building Maintenance, Inc
ORDINANCE NO 13,452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF MCLEMORE BUILDING
MAINTENANCE, INC (MBM) FOR THE ANNUAL JANITORIAL
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN THE SUM OF ONE HUNDRED SEVENTY FOUR THOUSAND
NINE HUNDRED NINETY EIGHT AND 76/100 DOLLARS ($174,998 76),
MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF
1 Consider an ordinance authorizing the renewal of the Annual No -Lead Brass
Fittings Contract to ACT Pipe and Supply, Inc
ORDINANCE NO 13,453
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, RENEWING THE ANNUAL NO LEAD BRASS FITTINGS
CONTRACT WITH ACT PIPE AND SUPPLY, INC. AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO
EXCEED NINETY FOUR THOUSAND ONE HUNDRED FIVE AND 20/100
DOLLARS ($94105.20) MAKING OTHER PROVISIONS RELATED
THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
City Council Regular Meeting Minutes
April 13, 2017
Page 16 of 1g
in Consider a resolution authorizing a request to the sheriff or constable to sell the
property located at 101 Morrell Street, Baytown, Harris County, Texas at a public sale
RESOLUTION NO 2470
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS- REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE
PROPERTY LOCATED AT 101 MORRELL STREET, BAYTOWN, HARRIS
COUNTY TEXAS AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C)
OF THE TEXAS TAX CODE AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF
a Consider one (1) appointment to the Baytown Crime Control and Prevention
District.
City Clerk, Leticia Brysch presented the agenda item to consder the appointment of Steele
Arthur to the Baytown Crime Control and Prevention District Additionally she noted that this is
Council Member Johnson's appointment
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem
David McCartney approving Council Member Johnson's appointment of Steele Arthur to the
CCPD Board The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Mayor Pro
Tem David McCartney Council Member Terry Sam Council Member
Chris Presley
Nays None
Other Council Member Robert C Hoskins (Absent) Council Member Laura
Alvarado (Absent)
Approved
10 MANAGER'S REPORT
a The 36th Annual Baytown Special Olympics Track Meet will be held on Saturday
April 22, 2017 at the Pete Sultis Stadium (Lee High School), 1809 Market Street, Baytown,
Texas
Mr Scott Johnson presented the agenda item and stated that the 36th Annual Baytown Special
Olympics Track Meet would be held on Saturday, April 22nd at the Pete Sultis Stadium located
at Lee High School with the opening ceremony to start at 9:30 A.M Additionally he noted
City Council Regular Meeting Minutes
April 13, 2017
Page 17 of 18
that the 22nd Disc Golf Championship was hosted at Evergreen and included 380 participants as
well as approximately 300 spectators
City Manager Davis acknowledged Jeremy Cox for his professionalism during a case in North
Carolina and Jason Cox for his professional assistance during a traffic incident He
acknowledged Elena Tanner, De'Andre Edwards and Chaan La'Aoili for their assistance
regarding a stray dog in distress He stated that Austin Little and Donnie East was commended
for their expertise in laying sidewalks in the Lakewood Estates He further acknowledged Glenda
Bruce for her professionalism in assistance a lady with getting her daughter's both certificate
City Manager Davis congratulated Leah Cooper and Deanne Rosier for receiving their Advanced
Telecommumcators Certification by the Texas Commission on Law Enforcement He expressed
appreciation to the library staff for creating a cost savings solution that preserved over 90
years of Baytown San newspapers and he also noted the Jamie Eustace, the Director of
the Library is currently leading trainings that will empower employees to think outside of the
box
Additionally Mayor DonCarlos recognized Mark Medrano who's scheduled to retire at the end
of April
11 EXECUTIVE SESSION
a Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.074 to deliberate the employment and reassignment of city employees
b Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.071 to seek the advice of the City Attorneys regarding legal matters associated
with personnel issues
At 7,27 P M. Mayor DonCarlos recessed into and conducted an executive session pursuant to
Texas Government Code Section 551.074 to deliberate the employment and reassignment of city
employees and Section 551 071 to seek the advice of the City Attorneys regarding legal matters
associated with personnel issues
At 8:09 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
12 ADJOURN
A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David
McCartney adjourning the April 13 2017 City Council Regular Meeting. The vote was as
follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Mayor Pro
Tem David McCartney, Council Member Terry San, Council Member
Chris Presley
City Council Regular Meeting Minutes
April 13 2017
Page 18 of 18
Nays None
Other Council Member Robert C Hoskins (Absent), Council Member Laura
Alvarado (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the April 13
2017, City Council Regular Meeting at 8.09 P M
Leticia Brysch, City erk ,��,..•.•••••••
City of Baytown ?;•C II`/,,�j(J• •'';`'