2013 03 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
March 14, 2013
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March
14, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brandon Capetillo
Council Member
Robert Hoskins
Council Member
David McCartney
Council Member
Terry Sain
Council Member
Scott Shcley
Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the March 14, 2013, 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 Sheley with
assistance from YAC members.
1. MINUTES
a. Consider approving the minutes of the City Council Regular Meeting held on
February 14, 2013.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern
Terry Sain approving the February 14, 2013, City Council Regular meeting minutes. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
City Council Regular Meeting Minutes
March 14, 2013
Page 2 of 20
Other: Council Member Mercedes Renteria III, (Absent)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. Deborah Moseley requests to address Council to introduce The Bridge Over
Troubled Waters, Inc. and to describe the services that they are providing to the
community now and into the future.
Ms. Moseley presented an overview of the services provided by The Bridge Over Troubled
Waters, Inc. and stated that they have a hotline that is available for twenty -four (24) hours a day
seven (7) days a week.
b. Present a proclamation designating March as American Red Cross Month.
Public Affairs Coordinator, Patti Jett presented the agenda item. Mayor DonCarlos presented to
Chris Jeanes and Karen Mudd a proclamation designating March as American Red Cross Month.
C. Recognize the 50th Anniversary of the City of Baytown's Sterling Municipal
Library.
Librarian, Katherine Brown presented the agenda item recognizing the 50th Anniversary of the
Sterling Municipal Library in Baytown.
d. Present awards from the 2013 Texas Municipal League Institute.
Ms. Jett presented the agenda and recognized Council Members Scott Sheley and David
McCartney as Certified Municipal Officials which are awards provided by TML. She stated that
Council Member Sheley also received the Award of Excellence, given to council members who
have received a TMLI certificate for five (5) consecutive years. Additionally, Council Member
Sheley was recognized as one of two council members in Texas to receive this honor, as well as,
being the only council member with 15 consecutive years receiving a TMLI certificate. Ms. Jett
stated that the City of Baytown received the Award of Leadership, which is given to the city that
has an elected official receive a TMLI certificate for five (5) consecutive years.
e. Receive Report on Youth Advisory Commission Conference and election of officers.
Council Member Sheley presented the agenda item. The YAC members presented the report on
YAC Conference and their election of officers.
3. ISSUANCE OF GO BONDS AND TAX AND REVENUE COs. SERIES 2013
a. Consider an ordinance authorizing the issuance of the City of Baytown's General
Obligation Bonds, Series 2013, and setting certain parameters for the sale of the bonds.
City Council Regular Meeting Minutes
March 14, 2013
Page 3 of 20
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,201 authorizes
the issuance of the City of Baytown's General Obligation Bonds, Series 2013 in a maximum
principal amount not to exceed $16,800,000 and sets certain parameters for the sale of the bonds.
He stated that the proposed bonds will be issued in an aggregate principal amount not to exceed
$16,800,000. The principal of and any premium on the bonds will be for the purposes of
providing funds (i) for the payment of costs of issuing the Bonds, and (ii) for the following
purposes: Streets, Sidewalks, Drainage and Utilities Improvements, Public Safety, EMS and Fire
Fighting Facilities and Equipment, Park Improvements and Citywide Beautification, and the East
Baker Road Extension. City Manager Leiper stated that these items were approved by the voters
in the 2007 Bond election.
A motion was made by Council Member Scott Sheley and seconded by Council Member Robert
C. Hoskins approving Ordinance No. 12,201. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
ORDINANCE NO. 12,201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS
GENERAL OBLIGATION BONDS, SERIES 2013; LEVYING A TAX IN
PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE SALE
OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A
PAYING AGENT/REGISTRAR AGREEMENT RELATING TO SUCH
BONDS; APPROVING THE PREPARATION AND DISTRIBUTION OF AN
OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the issuance of the City of Baytown's
Combination Tax and Revenue Certificates of Obligation, Series 2013, and setting certain
parameters for the sale of the certificates.
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,202 authorizes
the issuance of the City of Baytown's Combination Tax and Revenue Certificates of Obligation,
Series 2013 in a principal amount not to exceed $16,800,000 and sets certain parameters for the
sale of the certificates. He stated that the costs are associated with the (i) repair and renovation
of, the construction of improvements to and the equipment of the City's waterworks and sanitary
sewer system, (ii) repair and renovation of, the construction of improvements to and the
City Council Regular Meeting Minutes
March 14, 2013
Page 4 of 20
equipment of the City's parks and recreational facilities, including associated parking facilities
and drainage improvements, and (iii) cost of professional services incurred in connection with
such repairs, renovations and improvements. Additionally, he stated that this includes the Pirates
Bay Expansion certificates of obligation.
A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Scott
Sheley approving Ordinance No. 12,202. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tem
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
ORDINANCE NO. 12,202
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ISSUANCE CITY OF BAYTOWN, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2013; LEVYING A TAX IN PAYMENT THEREOF, SETTING
CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES;
AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT RELATING TO SUCH CERTIFICATES;
APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL
STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. ANNEXATION OF 10.01 ACRES
a. Conduct a first public hearing regarding a proposed voluntary annexation of
approximately 10.01 acres located along the south 1 -10 feeder road approximately 2,000
feet west of State Highway 146, legally known as a portion of land out of the William
Bloodgood League Survey, A4, Chambers County, Texas.
At 7:03 P.M., Mayor DonCarlos opened the first public hearing regarding a proposed voluntary
annexation of approximately 10.01 acres located along the south I -10 feeder road approximately
2,000 feet west of State Highway 146, legally known as a portion of land out of the William
Bloodgood League Survey, A -4, Chambers County, Texas.
City Manager Leiper stated that Ryan and Chad Fitzgerald submitted a petition for annexation
on February 01, 2013. He stated that the applicant indicated that the intent is to develop a
recreational vehicle park and several commercial out - parcels on the property and the annexation
City Council Regular Meeting Minutes
March 14, 2013
Page 5 of 20
is required in order to extend the necessary utilities to the site. He stated that on February 14,
2013, the City Council approved a resolution granting the petition and directing staff to create a
service plan for the proposed area to be annexed.
With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at
7:04 P.M.
b. Conduct a second public hearing regarding a proposed voluntary annexation of
approximately 10.01 acres located along the south 1 -10 feeder road approximately 2,000
feet west of State Highway 146, legally known as a portion of land out of the William
Bloodgood League Survey, A4, Chambers County, Texas.
At 7:04 P.M., Mayor DonCarlos opened the second public hearing regarding a proposed
voluntary annexation of approximately 10.01 acres located along the south I -10 feeder road
approximately 2,000 feet west of State Highway 146, legally known as a portion of land out of
the William Bloodgood League Survey, A -4, Chambers County, Texas.
With there being no one registered to speak, Mayor DonCarlos closed the second public hearing
at 7:05 P.M.
5. UNIFIED LAND DEVELOPMENT CODE
a. Conduct public hearings concerning: Amendments to the Baytown 2025
Comprehensive Plan to update the Future Land Use Map; Amendments to the Unified
Land Development Code and the rezoning of all parcels within the City of Baytown; and
The rezoning of approximately 25,311 acres, being all property within the incorporated city
limits of Baytown, located in Harris and Chambers Counties, Texas, to the zoning districts
established or to be established in the Unified Land Development Code.
At 7:05 P.M., Mayor DonCarlos opened the public hearings concerning: Amendments to the
Baytown 2025 Comprehensive Plan to update the Future Land Use Map; Amendments to the
Unified Land Development Code; and the rezoning of approximately 25,311 acres, being all
property within the incorporated city limits of Baytown, located in Hams and Chambers
Counties, Texas, to the zoning districts established or to be established in the Unified Land
Development Code.
City Manager Leiper stated that the Comprehensive Plan, including Mobility and the Future
Land Use Plan, give guidance to the City's future configuration pattern and the infrastructure
that's needed to support that pattern. He stated that the Unified Land Development Code and the
zoning map are some of the tools the city uses to implement the Comprehensive Plan.
City Manager Leiper stated that the City Council appointed a citizen's committee (the ULDC
Task Force) to write the code. He stated that once the Task Force presented a complete draft of
the zoning chapter of the ULDC (after holding over 70 public meetings), the Planning and
Zoning Commission reviewed the code and the Council adopted the code February 23, 2012.
City Manager Leiper stated that the remapping of the city to the new code represents the work of
City Council Regular Meeting Minutes
March 14, 2013
Page 6 of 20
the Planning and Zoning Commission and the staff for the last year in which ten public meetings
were held, as well as, numerous one on one meetings with property owners. He stated that this
work represents a milestone for Baytown in that design standards were established; a code that
offers consistency, predictability and flexibility would be available to homeowners, as well as, to
developers and promises an improved community over the next generation.
City Manager Leiper stated that items presented in the Council packets were taken to the
Planning and Zoning (P &Z) Commission and were recommended by the commission and staff.
He stated that there were some proposed changes that developed after the P &Z meeting and that
staff concurs with the changes made. City Manager Leiper stated that Council would need
to include these changes in the motion.
City Manager Leiper stated that the first map remained the same without changes and that the
following proposed map changes were as follows:
1) Kilgore Road — from MU to SFE and SF 1 to retain the area for residential;
2) Elton Street — from SFE to SF 1 for consistency with adjacent neighborhood;
3) Highway 146 Towing Yard — from GC to MU to accommodate the existing tow yard and
single family;
4) North Main at Cedar Bayou Lynchburg — from GC to MF2 for proposed multi - family
development;
5) Baker Road at Bush Road — from MF2 to GC for proposed commercial development;
6) South of I -10 east of Sjolander— from GC to LI;
7) RV Park - require new RV Parks to be five (5) acres or larger and require RV Parks to get a
special use permit specifically for RV Parks;
8) 2005 Tri-City Beach Road - Livable Center to GC (450 ft. from the corner of lot parallel to the
bay); and
9) Mr. Howard Tract (Hwy 146 in Chambers County)
Cliff Clements, Kameron Price, Jane Rhods, Larry Jordon, Keith MacGill, Francine Gordon,
Aaron Smith, Manfred Quentel, J. A. Jacob, Floyd Howard, Dave Corder, David Hake, Chris
Bickner, Marie Elise Lester, David Staas, Marie Drewnowski, Victoria Fayle, Peggy Scrivner,
and Keith Coburn all registered to speak before Council regarding agenda item 5.a.
Mr. Clemens stated that he lives in the Country Club Oak and is concerned that SF2 provides for
allowances, such as mother -in -law houses and duplexes, that could depreciate their land value
and it violates their deed restrictions. He recommended keeping all of Country Club Oak to SFI.
City Manager Leiper stated that deed restrictions are more restrictive than ordinances, but that
the home owners association must enforce the restrictions as the City, by law, cannot. Ms.
Carpenter stated that as the ordinance currently states, mother -in -law quarters are allowed in
SFE, SF 1 and SF2. She stated that duplexes were allowed in SF2 but not in SF 1 and explained
that Country Club Oak has SF1 and SF2 because of the lots sizes. She stated that the lot sizes in
SF 1 (4 units to the acre) are greater than those in SF2 (9 units to the acre).
City Council Regular Meeting Minutes
March 14, 2013
Page 7 of 20
Mayor DonCarlos stated that he recommended having the planning and zoning commission
address the concern regarding the classification for Country Club Oaks and provide to Council
their recommendation. City Manager Leiper stated this item would be put on the agenda after
next.
Mr. Gordon stated and requested to keep his property (450 ft. from Tri-City Beach Road to the
water parallel) zoned to GC. During further discussion, he requested to submit a definition
asking for an existing park to be able to expand adjacent to their existing property for a period of
no more than 36 months. City Manager Leiper stated that staff would not be in favor of giving 36
months for an existing RV Park to expand into new property without going through the special
use permit. Mr. Gordon inquired of the timeframe to submit such application. City Attorney
Ignacio Ramirez stated that the timeframe for submitting such permit would be 30 days.
Mr. Smith stated that he lives on Elton Street and is good with the City's changes.
Mr. Quentel stated that he lives in Humble, but represented a partial of land on Rollingbrook
Drive west of Garth Road (approximately 11 acres) to develop a class A apartment complex.
City Manager Leiper stated that the owners concern was that if this property is rezoned to GC it
would not allow apartments. City Manager Leiper stated that the owner could submit for a
UA and be grandfathered in for the apartment complex for a period of time. Ms. Carpenter stated
that he submitted a UA and at the time of submission, Mr. Gordon could not identify the specific
parcel which is required. Mr. Jacob stated that he would submit the parcel information on March
15, 2013.
Mr. Floyd stated that he owns a property on Hwy 146 across from Pinehurst and requested that it
be zoned as general commercial (GC). City Manager Leiper stated that because there is property
across the street from Mr. Floyd's property that is zoned GC, staff could support the change to
his property only.
Mr. Corder stated that he lives in Country Club and inquired if all the lots in Country Club were
considered four (4) dwellings per acre. City Manager Leiper stated that, currently the lots are
listed as neighborhood conservation which is nine (9) units per acre. Additionally, City Manager
Leiper stated that Council worked hard on reducing the density to increase lots sizes to raise the
value of new homes built in Baytown.
Mrs. Drewnowski stated there should be another meeting with all subdivision representatives
regarding this zoning change.
The following registered speakers passed on their opportunity to speak regarding the public
hearings: Kameron Price, James Rhods, Keith McGill, Francine Gordon, Marie Elise Lester,
David Staas, Victoria Fayle, Peggy Scrivner, Keith Coburn.
Mayor DonCarlos closed the public hearings at 8:18 P.M.
City Manager Leiper recommended taking the agenda out of order and considering item 6.a.
City Council Regular Meeting Minutes
March 14, 2013
Page 8 of 20
Council Member Hoskins recommended to table items 5.b., 5.c., and 5.d.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Brandon Capetillo to take the agenda out of order and table items 5.b., 5.c., 5.d. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
6. PROPOSED ORDINANCES
a. Consider an ordinance authorizing a professional service agreement with
ARKK Engineers, L.L.C., for the 2007 Street Bond Program -Year 5 Project.
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,203 authorizes
a professional service agreement for the 2007 Street Bond Program -Year 5 Project with
ARKK Engineers, L.L.C., in the amount of $442,575 plus $25,000 for an owner's contingency.
He stated that on December 17, 2012, the Architectural & Engineering Committee selected
ARKK Engineers to provide design phase, bid phase, and construction phase services for the
reconstruction of the following Year 5 streets which were approved under the 2007 Street Bond
Program:
Street
Holly Drive
Iowa Street
Georgia Street
Humble Street
Chilton Drive
Baylor Street
N. Jones Street
W. Francis Street
From
Burnet Drive
Oklahoma Street
Louisiana Street
Lanier Drive
Dale Avenue
Park Street
Park Street
N. Jones Street
To
Hackberry Street
Louisiana Street
Virginia Street
Laredo Street
Dwinnell Drive
Gresham Street
W. Francis Avenue
Harvard Street
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 12,203.The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tem
Terry Sain, Council Member Scott Sheley
City Council Regular Meeting Minutes
March 14, 2013
Page 9 of 20
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
ORDINANCE NO. 12,203
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 PROFESSIONAL
SERVICES AGREEMENT WITH ARKK ENGINEERS, L.L.C., FOR
ENGINEERING SERVICES ASSOCIATED WITH THE 2007 STREET BOND
PROGRAM -YEAR 5 PROJECT; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED
FORTY -TWO THOUSAND FIVE HUNDRED SEVENTY -FIVE AND NO /100
DOLLARS ($442,575.00); AUTHORIZING A CONTINGENCY ALLOWANCE
IN THE AMOUNT OF TWENTY -FIVE THOUSAND AND NO / 100 DOLLARS
($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance awarding a construction contract for the Allenbrook
Waterline Distribution Rehabilitation Project.
City Manager Leiper presented the agenda item and stated that Ordinance No. 12,204 awards a
construction contract for the Allenbrook Waterline Distribution Rehabilitation Project in the
amount of $1,099,340 to SKE Construction, LLC. He stated that the scope of work includes, but
is not limited to, pipe bursting of potable water mains, open cut 750 linear feet of
HDPE waterline to loop system to the City main on Rollingbrook, service connections, fire
hydrant assembly installation, television inspection, pavement replacement, annular and void
space grouting, and hydro -mulch seeding. Additionally, he stated that two (2) bids were received
and publicly opened on February 21, 2013, at 2:00 P.M. in the Council Chambers.
A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David
McCartney approving Ordinance No. 12,204. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
City Council Regular Meeting Minutes
March 14, 2013
Page 10 of 20
ORDINANCE NO. 12,204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF SKE CONSTRUCTION, LLC, FOR THE
ALLENBROOK WATERLINE DISTRIBUTION REHABILITATION
PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SKE
CONSTRUCTION, LLC, FOR SAID PROJECT; AUTHORIZING PAYMENT
NOT TO EXCEED THE SUM OF ONE MILLION NINETY- NINE
THOUSAND THREE HUNDRED FORTY AND NO /100 DOLLARS
($1,099,340.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance amending Chapter 6 "Alcoholic Beverages," Article I "In
General," Section 6 -2 "Sales near schools, churches, hospitals or day care facilities" of the
Code of Ordinances, Baytown, Texas, to exempt the application of the distance
requirements for the sale of alcoholic beverages if the same would restrict such sales within
the ACE zoning district.
City Manager Leiper presented the agenda item and stated that the amendment removes the
distance requirement in the ACE to serve alcoholic beverages.
During further discussion, Council Member Hoskins stated that the distance requirement per
state law is 1,000 feet from the property line and recommended getting clarification of such.
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving Ordinance No. 12,205. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
ORDINANCE NO. 12,205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," ARTICLE I "IN
GENERAL," SECTION 6 -2 "SALES NEAR SCHOOLS, CHURCHES, HOSPITALS
OR DAY CARE FACILITIES" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED SUBSECTION (13)(3)
City Council Regular Meeting Minutes
March 14, 2013
Page 11 of 20
TO EXEMPT THE APPLICATION OF THE DISTANCE REQUIREMENTS FOR
THE SALE OF ALCOHOLIC BEVERAGES IF THE SAME WOULD RESTRICT
SUCH SALES WITHIN THE ACE ZONING DISTRICT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
7. PROPOSED RESOLUTIONS
a. 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.
City Manager Leiper presented the agenda item and stated staff recommends renewing the tax
guidelines unchanged for a two (2) year period. He stated that they cannot be changed during this
two year period unless there is a 3/4 majority of Council.
RESOLUTION NO. 2233
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.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving Resolution No. 2233. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tem
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
8. DISCUSSIONS
City Council Regular Meeting Minutes
March 14, 2013
Page 12 of 20
a. Discuss possible amendments to the City Council Rules of Procedure, including
citizen communications, public comment, and the second Council Meeting in November to
coincide with the canvass of the November elections or the Monday preceding the
Thanksgiving Holiday.
City Manager Leiper presented the agenda item and stated that City Council requested an agenda
item to consider changing the rules of procedure and according to the City Council's Rules of
Procedure, before such rules can be amended, the proposed amendment must be introduced
before the City Council at a prior meeting. Therefore, this item allows the Council to discuss
possible amendments to the City Council Rules of Procedure for possible action at its March
28th meeting.
City Manager Leiper stated that the second meeting in November was changed due to the
Thanksgiving Holidays and since then, the state changed the elections to November and when
there is a November election, the votes must be canvassed on Monday. He stated and
recommended for Council to add language referencing the date necessary to canvass votes.
During further discussion regarding amending the City Council Rules of Procedure references to
citizen communications and public comments, City Manager Leiper stated that he would develop
a draft for the Mayor to discuss at a future meeting.
b. Discuss the possible renaming of East Baker Road.
City Manager Leiper presented the agenda item and stated that this item is to provide for a
discussion with City Council members regarding the possible renaming of East Baker Road. He
stated that City staff met and discussed the renaming with many of the residents and of the sixty -
six addresses on East Baker Road about 98% of them petitioned not to change the name.
The Planning and Zoning Commission discussed this item at their February 19th meeting and
recommended that the City keep the current residential street name, East Baker Road.
Albert Araujo, W. J. "Bill" Daley, Robert Wolfe, and Juan Lena all registered to speak before
Council regarding agenda item 8.b and all expressed their opposition to changing the name, with
the exception of Mr. Wolfe who was not present and Mr. Lena who decided to pass on speaking.
The consensus of Council was to not rename East baker Road. City Manager Leiper stated that a
resolution regarding the name selection of the extension of Baker Road would be put on the next
agenda for consideration.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Brandon Capetillo to return to agenda items 5.b, 5.c., and 5.d. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
City Council Regular Meeting Minutes
March 14, 2013
Page 13 of 20
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
City Manager Leiper recommended that agenda items 5.b., 5.c., and 5.d. be considered together.
5.b. Consider amendments to the Baytown 2025 Comprehensive Plan to update the
Future Land Use Map.
5.c. Consider amendments to the Unified Land Development Code to effectively
implement the rezoning of the City of Baytown by adding and refining zoning districts, use
conditions, and compatibility standards.
5.d. Consider an ordinance rezoning approximately 25,311 acres, generally being all
property within the incorporated city limits of Baytown, located in Harris and Chambers
Counties, Texas, to the zoning districts established or to be established in the Unified Land
Development Code (ULDC).
For clarification purposes, City Manager Leiper stated that the motion is to approve as follows:
The future land use plan map being unchanged;
The zoning map with eight (8) changes being:
1) Kilgore Road — from MU to SFE /SF 1;
2) Elton Street — from SFE to SF 1;
3) Highway 146 Towing Yard — from GC to MU;
4) North Main at Cedar Bayou Lynchburg — from GC to MF2;
5) Baker Road at Bush Road — from MF2 to GC;
6) South of I -10 east of Sjolander— from GC to LI;
7) Along Tri -City Beach Road (450 ft. from the canal) — from Livable Center to GC;
8) Mr. Floyd Howard Tract (Hwy 146 in Chambers County) — from LI to GC; and
the text change requiring new RV Parks to be five (5) acres or larger and require RV Parks to
get a special use permit with a general layout of development and the number of spaces for the
RV Parks.
A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern
Terry Sain to consider approving agenda items 5.b. which remains the same, agenda item 5.c.
with eight (8) changes on the map and one (1) text change, and agenda item 5.d. The vote was
approved by a signal of hand as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
City Council Regular Meeting Minutes
March 14, 2013
Page 14 of 20
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
9. CONSENT
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving consent agenda items 9.a. through 9.i. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
a. Consider an ordinance rejecting the bids for the Hutto Lift Station Upgrade Project
received on February 05, 2013.
ORDINANCE NO. 12,209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BIDS FOR THE HUTTO LIFT STATION
UPGRADE PROJECT, WHICH WERE RECEIVED ON FEBRUARY 5, 2013;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider proposed ordinance to purchase an Auxiliary Pump with Pump & Power
Equipment, L.P.
ORDINANCE NO. 12,210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY -SIX
THOUSAND AND NO /100 DOLLAR ($76,000) TO PUMP & POWER
EQUIPMENT, L.P., FOR THE PURCHASE OF A TRAILER MOUNTED
DIESEL SELWOOD SELTOURQUE S200 PUMP FOR THE PUBLIC
WORKS/UTILITIES DEPARTMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
March 14, 2013
Page 15 of 20
C. Consider an ordinance authorizing the renewal of the Annual Concrete Raising
Services Contract to Superior Grouting Services, Inc.
ORDINANCE NO. 12,211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL CONCRETE RAISING CONTRACT
WITH SUPERIOR GROUTING SERVICES, INC.;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF
ONE HUNDRED SIXTY THOUSAND AND NO /100 DOLLARS
($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the purchase of two (2) 2013 Chevrolet Tahoes
from Caldwell Country Chevrolet, through a cooperative purchasing agreement with
Tarrant County.
ORDINANCE NO. 12,212
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -TWO THOUSAND
FOUR HUNDRED FORTY -TWO AND NO 1100 DOLLARS ($52,442.00) TO
CALDWELL COUNTRY CHEVROLET, THROUGH A COOPERATIVE
PURCHASING AGREEMENT WITH TARRANT COUNTY, FOR THE
PURCHASE OF TWO (2) 2013 CHEVROLET TAHOES FOR THE POLICE
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider authorizing the sole source purchase of firefighting protective clothing
from Casco Industries, Inc.
ORDINANCE NO. 12,213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -ONE
THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($51,500.00) TO
CASCO INDUSTRIES, INC., FOR THE PURCHASE OF FIREFIGHTING
PROTECTIVE CLOTHING; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing a cooperative purchasing agreement with the
City of Texas City.
ORDINANCE NO. 12,214
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
City Council Regular Meeting Minutes
March 14, 2013
Page 16 of 20
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF TEXAS CITY; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing the purchase of an X -Ray System for the
Baytown Police Department.
ORDINANCE NO. 12,215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -SEVEN
THOUSAND SEVEN HUNDRED THIRTY -SIX AND 101100 DOLLARS
($57,736.10) TO LOGOS IMAGING, LLC, FOR THE PURCHASE OF AN X-
RAY SYSTEM FOR THE BAYTOWN POLICE DEPARTMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing the purchase of a Robotic System for the
Baytown Police Department.
ORDINANCE NO. 12,216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF EIGHTY -TWO
THOUSAND ONE HUNDRED TWENTY -FOUR AND 101100 DOLLARS
($82,124.10) TO IROBOT FOR THE PURCHASE OF A ROBOTIC SYSTEM
FOR THE BAYTOWN POLICE DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
I. Consider a resolution amending Resolution No. 2007, passed on September 24, 2009,
which established an Industrial District Policy together with a new Industrial District
Agreement form, to refine the basis by which the base year value will be determined.
RESOLUTION NO. 2234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING RESOLUTION NO. 2007 ADOPTED BY THE CITY
COUNCIL OF THE CITY OF BAYTOWN ON SEPTEMBER 24, 2009, WHICH
ADOPTED AN INDUSTRIAL DISTRICT POLICY APPLICABLE TO
COMPANIES THAT HAD AN INDUSTRIAL DISTRICT AGREEMENT
WITH THE CITY OF BAYTOWN IN EFFECT ON JULY 26, 2009, TO
REFINE THE BASIS BY WHICH THE BASE YEAR VALUE WILL BE
DETERMINED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
March 14, 2013
Page 17 of 20
10. APPOINTMENTS
a. Consider one (1) appointment to the Baytown Municipal Development District.
City Manager Leiper presented the agenda item to consider the appointment of Gary Englert to
the Municipal Development District (MDD) board. He stated that Ms. Dee Anne Navarre's
submitted her resignation as she moved outside of the city limits. Mr. Englert will complete this
unexpired term until August 31, 2013, at which time he will be eligible for reappointment to a
full term.
A motion was made by Council Member Scott Sheley and seconded by Council Member Robert
C. Hoskins approving the appointment of Gary Englert to the MDD Board. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Tent' Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
b. Consider four (4) appointments to the Tow Truck Committee.
City Manager Leiper presented the agenda item to consider four (4) the appointments to
the Tow Truck Committee.
City Manager Leiper presented the agenda item and stated that Mr. B.C. Hudman, Mr. Porter
Flewellen, Mr. Mark Fuqua, committee members and Ms. Kameron Price as ex- officio terms are
set to expire on March 31, 2013 and all members desire to serve another term. If reappointed the
Committee Members would serve a two (2) year term commencing on April 01, 2013 and ending
on March 31, 2015, and the Ex- Officio Member (Ms. Kameron Price) would serve a one (1) year
term commencing on April 01, 2013 and ending on March 31, 2014.
A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David
McCartney approving the appointments of Mr. Hudman, Mr. Flewellen, Mr. Fuqua, and Ms.
Price to the Tow Truck Committee. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
City Council Regular Meeting Minutes
March 14, 2013
Page 18 of 20
Approved
C. Consider the confirmation of one (1) City Manager appointment to the Civil Service
Commission.
City Manager Leiper presented the agenda item to consider the confirmation of Ms. Julie
DeTorre to the Civil Service Commission to fulfill the unexpired term of Mr. Ronnie Anderson.
He stated that Mr. Ronnie D. Anderson will no longer be eligible to serve on the Commission
due to his change in residency. If appointed Ms. DeTorre's term would commence immediately
and expire on December 31, 2014.
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving the appointment of Ms. Julie DeTorre to the Civil Service Commission.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
d. Consider confirming the City Manager's appointment of the Director of ITS.
City Manager Leiper presented the agenda item to consider confirming the appointment of Mr.
Edward Tomjack, as the new Director of ITS. He stated that Mr. Tomjack will begin his
employment with the City of Baytown on April 01, 2013.
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving the appointment of Mr. Edward Tomjack as the new ITS Director. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III, (Absent)
Approved
City Council Regular Meeting Minutes
March 14, 2013
Page 19 of 20
11. MANAGER'S REPORT
a. Present an overview of the City's participation in emergency management training
in Emmitsburg, Maryland.
City Manager Leiper presented and an overview of the City's participation in emergency
management training in Emmitsburg, Maryland.
b. The City of Baytown's volunteer work day for Habitat for Humanity will be Friday,
March 15, 2013, from 8:00 A.M. to Noon.
City Manager Leiper presented the agenda item and stated that the City of Baytown's volunteer
work day for Habitat for Humanity would be Friday, March 15, 2013, from 8:00 A.M. to Noon,
at 309 Alva Street, Baytown, Texas.
C. The City of Baytown will hold its 13th Annual Trash -Off in conjunction with the
State of Texas Annual Trash -Off activities on Saturday, April 06, 2013 from 9:00 A.M. to
2:00 P.M., as well as, the Household Hazardous Waste Collection Day on Saturday, April
06, 2013, from 9:00 A.M. to 2:00 P.M.
City of Baytown will hold its 13th Annual Trash -Off in conjunction with the State of Texas
Annual Trash -Off activities on Saturday, April 06, 2013 from 9:00 a.m. to 2:00 p.m.
The City of Baytown also will hold a Household Hazardous Waste Collection Day on Saturday,
April 06, 2013 from 9:00 a.m. to 2:00 p.m.
d. Present an update regarding the education period and enforcement of the new noise
ordinance.
City Manager Leiper presented an update regarding the education period and enforcement of the
new noise ordinance. He stated that the noise meters were received and the initial training is
complete. In regards to complaints, City Manager Leiper stated that the Health department would
respond Monday through Friday and the Police department would respond on nights and
weekends.
Additionally, City Manager Leiper stated that prior to the Council meeting, the groundbreaking
ceremony for Fire Station 7 would be on Thursday, March 28, 2013 at 4:30 P.M., so there would
not be a work session.
12. ADJOURN
A motion was made by Council Member Sheley and seconded by Council Member Capetillo
adjourning the March 14, 2013, City Council Regular Meeting. The vote was as follows:
City Council Regular Meeting Minutes
March 14, 2013
Page 20 of 20
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council David McCartney, Mayor Pro Tern
Terry Sain, Council Member Scott Shelley
Nays: None
Other: Council Member Mercedes Renteria 111, (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the March 14,
2013, City Council Regular Meeting at 9:24 P.M.
Leticia
City of
0
cirt�y,1