2017 06 08 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
June 08, 2017
The City Council of the City of Baytown Texas met in a Regular Meeting on Thursday Junt
08 2017 at 6:30 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
Terry Sam
Council Member
Stephen H DonCarlos
Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
David Alford
Sergeant at Arms
Mayor DonCarlos convened the June 08 2017 City Council Regular Meeting with a quorum
present at 6:30 P M., all members were present with the exception of Council Member Presley
who arrived at 6.47 P M
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 May 11, 2017
A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David
McCartney approving the May 11 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 Laura Alvarado, Council
Member Terry Sam, Council Member Chris Presley
Nays None
Other Council Member Robert C Hoskins (Abstain)
City Comcd Regular Meeting Minutes
June 08, 2017
Page 2 of 18
Approved
2 RECOGNITIONS AND CITIZEN COMMUNICATIONS
a Ms Ahesha Medley requested to appear before the Council in regards to the
spay/neuter voucher program.
With regards to the City of Baytown's animal facility Ms Medley an animal rescue advocate
recommended the following changes increasing the adoption fee to $85 with a $75
voucher which will cover most of the mandatory items and for shelter staff to contact the
owner of an adopted animal a few days after the adoption for a follow up that includes reminding
them of the spay/neuter requirement Ms Medley also requested Council to look into how many
vouchers are actually utilized.
Ms. Medley noted that currently the adoption fee is $50 with $40 of that fee being for a
spay/neuter voucher, which is a problem because the cost for spay/neuter is $92 to include $65
for spay $ 10 for the mandatory rabies, $ 10 for an a -collar and $7 for the payment She further
noted that because the adoption contract is so wordy, most people miss the printed information at
the very bottom of the form that informs them of the $500 fine if they failure to comply with
getting their dog spayed/neutered
Mayor DonCarlos noted that improvements have been made to the animal facility and more
are still being worked on
b Mr David Lee requested to appear before the council regarding the need for the
repair and up -grade of Barkaloo Road in the next budget year
Mr Lee presented the agenda nem and stated that one of the reasons he moved in the Crocker
Park Subdivision that borders Barkaloo Road eleven years ago was because of the lack of traffic
He stated that the road has safety concerns and although it s not considered a city road as it
resides in the County, the neighborhoods on both sides of the road are within the city and
because of such the city should put emphasis on creating a plan to address this roads up grade
Additionally, he noted that the plan should also include McKinney and Slolander Roads
Council Member Hoskins stated that with the addition of Blue Heron Parkway, including the
sidewalks pedestrian traffic has increased tremendously resulting in many traveling onto
Barkaloo Road to navigate to their neighborhood and because of such he agrees that this area
needs attention
Mayor DonCarlos stated that a conversation will be made with Hams County as they have
sidewalk funds in which they try and target sidewalks in school zone areas
3 REZONING OF APPROXIMATELY 13.46 ACRES OF LAND
a Conduct a public hearing regarding a proposed amendment to the official zoning
map to rezone approximately 13.46 acres of land located at the southeast intersection of
City Council Regular Meeting Minutes
June 08 2017
Page 3 of IS
North Main and Blue Heron legally described as Tract 17, of the J W Singleton Survey,
Abstract 709, Baytown, Harris County, Texas, from an Open Space Recreational (OR)
Zoning District to a General Commercial (GC) Zoning District and a Mixed Residential at
Low to Medium Densities (SF2) Zoning District
At 6:43 P M., Mayor DonCarlos opened and conducted a public hearing regarding a proposed
amendment to the official zoning map to rezone approximately 13.46 acres of land, located at the
southeast intersection of North Main and Blue Heron legally it s nbed as Tract 17, of the 1 W
Singleton Survey Abstract 709, Baytown, Hams County Texas from an Open Space
Recreational (OR) Zoning District to a General Commercial (GC) Zoning District and a Mixed
Residential at Low to Medium Densities (SF2) Zoning District.
Director of Planning and Community Development Services Tiffany Foster presented an
overview of the public hearing regarding agenda nem 3.a She stated that this parcel of land is on
the comer of North Main and Blue Heron Parkway and was recently annexed along with the
Blue Heron annexation She stated that the property owner is proposing to develop this land as
two (2) projects with commercial being along Blue Heron and North Main, and some residential
uses further along Blue Heron She stated that this request was reviewed by the Planning and
Zoning Commission in which they voted to recommend for approval Additionally Mrs Foster
noted that staff also recommends approval as this meets the seven (7) required criteria that
Council considers when approves a zoning request
With there being no one registered to speak regarding agenda item In. Mayor DonCarlos closed
the public hearing at 6.44 P M
b Consider an ordinance amending the official zoning map to rezone
approximately 13.46 acres of land, located at the southeast intersection of North Main and
Blue Heron, legally described as Tract 17, of the J W Singleton Survey Abstract 709,
Baytown, Harris County, Texas from an Open Space Recreational (OR) Zonmg District to
a General Commercial (GC) Zoning District and a Mixed Residential at Low to Medium
Densities (SF2) Zoning District
A motion was made by Council Member Terry Sam and seconded by Council Member Robert C
Hoskins approving Ordinance No 13 479 regarding agenda item 3.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 Terry Sam, Council Member
Chris Presley
Nays None
Approved
City Council Regular Meeting Munum
June 08 2017
Page 4 of 18
ORDINANCE NO 13,479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 13 46 ACRES OF LAND,
LOCATED AT THE SOUTHEAST INTERSECTION OF NORTH MAIN AND
BLUE HERON LEGALLY DESCRIBED AS TRACT 17, OF THE J W
SINGLETON SURVEY, ABSTRACT 709 BAYTOWN, HARRIS COUNTY,
TEXAS FROM AN OPEN SPACE RECREATIONAL (OR) ZONING
DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT AND
A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2)
ZONING DISTRICT, PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00) PROVIDING A
REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF
REZONING OF APPROXIMATELY 0.87 ACRES OF LAND
a Conduct a public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 0.87 acres of land, located on the east side of Lanier Drive
about 500 feet south of the intersection of Lanier Drive and W Texas Avenue, legally
described as Lots 6, 7, 8, 9, 16, and 17, Block 12, Replat Central Heights Section 2, Harris
County Texas, from a General Commercial (GC) Zoning District to a Mixed Residential at
Low to Medium Densities (SF2) Zoning District
At 6:45 P M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map to rezone approximately 0.87 acres of land located on the
east side of Lanier Drive about 500 feet south of the intersection of Lanier Drive and W Texas
Avenue legally described as Lots 6 7 8 9, 16, and 17, Block 12, Replat Central Heights
Section 2, Hams County Texas from a General Commercial (GC) Zoning District to a Mixed
Residential at Low to Medium Densities (SF2) Zoning District
Mrs Foster presented a summary of this public hearing regarding agenda item 4.a She stated
that this land is located in the Central Heights Neighborhood and fronts the right -of way off of
Lanier Drive near Humble Street just south of Texas Avenue She stated that this parcel was
originally plaited in the residential neighborhood of Central Heights but the previous property
owner wanted it to be commercial as it s on the right -of way of the freeway Additionally Mrs.
Foster stated that the new owner would like to go back to residential with the plan of developing
single family residential similar to the character of the existing homes being that this parcel has
several lots
With there being no one registered to speak regarding agenda item 4.a. Mayor DonCarlos closed
the public hearing at 6:46 P M
City Council Regular Meeting Minutes
June 08, 2017
Page 5 of 18
b Consider an ordinance amending the official zoning map to rezone
approximately 0.87 acres of land located on the east side of Lanier Drive about 500 feet
south of the intersection of Lanier Drive and W Texas Avenue, legally described as Lots 6
7, 8, 9 16 and 17, Block 12, Replat Central Heights Section 2, Harris County, Texas, from
a General Commercial (GC) Zoning District to a Mixed Residential at Low to Medium
Densities (SF2) Zoning District.
A motion was made by Council Member Terry Sam and seconded by Council Member Laura
Alvarado approving Ordinance No 13,480 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 Terry Sam, Council Member
Chris Presley
Nays None
Approved
ORDINANCE NO 13,480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 0.87 ACRES OF LAND
LOCATED ON THE EAST SIDE OF LANIER DRIVE ABOUT 500 FEET
SOUTH OF THE INTERSECTION OF LANIER DRIVE AND W TEXAS
AVENUE, LEGALLY DESCRIBED AS LOTS 6 7 8 9 16 AND 17 BLOCK
12 REPLAT CENTRAL HEIGHTS SECTION 2, HARRIS COUNTY TEXAS
FROM A GENERAL COMMERCIAL (GC) ZONING DISTRICT TO A MIXED
RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING
DISTRICT, PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00), PROVIDING A REPEALING CLAUSE,
CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF
REZONING OF APPROXIMATELY 2.87 ACRES OF LAND
a Conduct a public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 2.87 acres of land, located at 806 Hunt Road, legally
described as Reserve F Baytown Plaza Shopping Center Three Amendment, Harris
County, Texas, from a General Commercial (GC) Zoning District to a Mid rise Density
Mixed Residential Dwellings (MF2) Zoning District
At 6:48 P M. Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map to rezone approximately 2.87 acres of land located at 806
Hunt Road, legally described as Reserve F Baytown Plaza Shopping Center Three Amendment
City Council Regular Meeting Minutes
June 08 2017
Page 6 of 18
Hams County, Texas, from a General Commercial (GC) Zoning District to a Mid-nse Density
Mixed Residential Dwellings (MF2) Zoning District
Mrs Foster presented a summary of the public hearing regarding agenda item 5.a. and stated that
this approximately 2.87 acres of vacant land is along Hunt Road behind Kohl's off of Garth Road
adjacent to the existing multi family development called Hunt Garden She stated that the
applicant desires the rezoning to construct an apartment complex with an ultimate desire to
expand Hunt Garden Mrs Foster stated that currently this particular property is on a separate
parcel which is viewed as a single parcel new multi family development Mrs Foster stated that
the Planning and Zoning Commission recommended approving the request and that this meets
the seven (7) required criteria for a rezone.
Mr D'Mark Mick with Groversville Property, registered to speak at the public hearing regarding
agenda item 5.a He stated that they currently own the Hunt Garden Apartments located at 800
Hunt Road, which is a 100 unit complex He stated that they purchased the property located at
806 Hunt Road with interest to expand the existing Hunt Garden apartments by utilizing the
existing leasing office and full recreational facilities as part of the combined development so that
the 2.87 acres would be primarily housing
Mayor DonCarlos inquired as to how many units would be proposed. Mr Mick stated that they
proposed to have 80 units based on the MF2 which allows for 23 amts per acres, but that they
can't get 80 units with the 2.87 acres being a stand-alone property Mr Mick noted that the
additional units would be market rate apartments Just as the current apartments are
Mayor DonCarlos closed the public hearing regarding agenda item 5.a at 6:51 P M
b Consider an ordinance amending the official zoning map to rezone approximately
2.87 acres of land, located at 806 Hunt Road, legally described as Reserve F Baytown Plaza
Shopping Center Three Amendment, Harris County, Texas, from a General Commercial
(GC) Zoning District to a Mid -rise Density Mixed Residential Dwellings (MF2) Zoning
District
With regards to the multi family being considered as a stand alone project for the 2.87 acres
mentioned Council Member Presley stated that multi -family requires a percentage of open
space etc. and further inquired if such requirement would have to be met or would it be credited
for the existing property that adjacent to it In response to Council Member Presley's inquiry,
Mrs. Foster stated that the applicant should combine the lots re -platting both parcels together so
that the entire unit will be viewed as one then the open space, density, etc., and other criteria
would be required
A motion was made by Council Member Terry Sam and seconded by Council Member Robert C
Hoskins approving ordinance No 13 481 regarding agenda item 5.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
City Council Regular Meeting Minutes
June 08, 2017
Page 7 of 18
Member Laura Alvarado, Council Member Terry Sam Council Member
Chris Presley
Nays None
Approved
ORDINANCE NO 13 481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 2.87 ACRES OF LAND,
LOCATED AT 806 HUNT ROAD, LEGALLY DESCRIBED AS RESERVE F
BAYTOWN PLAZA SHOPPING CENTER THREE AMENDMENT HARRIS
COUNTY TEXAS FROM A GENERAL COMMERCIAL (GC) ZONING
DISTRICT TO A MID RISE DENSITY MIXED RESIDENTIAL DWELLINGS
(MF2) ZONING DISTRICT, PRESCRIBING A MAXIMUM PENALTY OF
TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) PROVIDING A
REPEALING CLAUSE CONTAINING A SAVINGS CLAUSE AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF
REZONING OF APPROXIMATELY 1.70 ACRES OF LAND
a Conduct a public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 170 acres of land, located on the north side of Massey
Tompkins, approximately 800 feet from its intersection with Raccoon Drive, legally
described as lots Cl and C2 Raccoon Road Ltd Amend, Baytown Harris County,
Texas, from a Mixed Residential at Law to Medium Densities (SF2) Zoning District to a
General Commercial (GC) Zoning District.
At 6.54 P M. Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map to rezone approximately 1 70 acres of land located on the
north side of Massey Tompkins approximately 800 feet from its mtersection with Raccoon
Drive, legally described as lots CI and C2 Raccoon Road Ltd Amend, Baytown, Hams County
Texas from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a General
Commercial (GC) Zoning District
Mrs Foster presented a summary of the public hearing regarding agenda item 6.a She stated that
the parcel is on Massey Tompkins and currently zoned single family residential, in which the
applicant would like to rezone to general commercial She stated that to date there's no specified
use Additionally Mrs Foster stated that the Planning and Zoning Commission recommended
approval but staff does not believe that this application meets the seven (7) required criteria
needed for approval primarily because of the consistency of the uses allowed in the adjacent
residential uses surrounding it
City Council Regular Meeting Minutes
June 08 2017
Page 8 of 18
Mr Dave Smith registered to speak at the public hearing regarding agenda item 6.a and stated
that when he purchased this property in the yew 2000, it was already multi use commercial but
was changed to residential during the rezoning in the year 2013 He stated that the way this
particular road is developing he doesn't see anyone building a residential development at this
location and he has a potential buyer but only if the use is commercial
Council Member Presley inquired if the potential buyer qualified or met the requirements for
neighborhood serving commercial zoning category Mrs Foster stated that staff discussed NSC
as an option for the applicant Mr Smith stated that he was not sure of the meaning of NSC and
warn t informed about the NSC category
Council Member Hoskins noted that this particular road is gearing more towards commercial
rather residential Mayor DonCarlos stated that he also believes that the future of the frontage of
Massey Tompkins Road is going to be commercial
City Attorney, Ignacio Ramirez noted that a legal memorandum was prepared for Council as the
discussion headed towards spot zoning, in which he stated was not the way Additionally, he
noted that perhaps the original zoning that was done, when it was changed was incorrect.
During further discussion it was noted that there should be a more thorough review with regards
to zoning in flus area
Mayor DonCarlos closed the public hearing regarding agenda item 6.a. at 7.02 P M
b Consider an ordinance amending the official zoning map to rezone approximately
170 acres of land, located on the north side of Massey Tompkins, approximately 800 feet
from its intersection with Raccoon Drive, legally described as lots Cl and C2
Raccoon Road Ltd Amend, Baytown, Harris County, Texas, from a Mixed Residential at
Low to Medium Densities (SF2) Zoning District to a General Commercial (GC) Zoning
District
Mayor DonCarlos requested that staff review the corridor in this area
A motion was made by Council Member Robert C Hoskins and seconded by Council Member
Terry Sam approving Ordinance No 13,482 regarding agenda item 6.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 Terry Sam, Council Member
Chris Presley
Nays None
Approved
City Council Regular Meeting Minutes
June 08 2017
Page 9 of 18
ORDINANCE NO 13,482
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 170 ACRES OF LAND
LOCATED ON THE NORTH SIDE OF MASSEY TOMPKINS
APPROXIMATELY 800 FEET FROM ITS INTERSECTION WITH
RACCOON DRIVE LEGALLY DESCRIBED AS LOTS Cl AND C2
RACCOON ROAD LTD AMEND BAYTOWN, HARRIS COUNTY TEXAS
FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2)
ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING
DISTRICT PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00), PROVIDING A REPEALING CLAUSE,
CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF
INVOLUNTARY ANNEXATION OF APPROXIMATELY 235.98-+ ACRES
Mrs Foster summarized agenda items 7 a. 7 b. and 7 c altogether
a Consider an ordinance authorizing one or more Development Agreements with
owners of property within the 235.98 acres of land to be annexed
b Consider an ordinance for the second and final reading of the proposed 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
c Consider an ordinance placing the newly annexed properties generally described as
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, into Council
District 3
Mrs Foster stated the agenda items were in reference to the large involuntary annexation
between Garth Road and John Martin Road which is to cover the new San Jacinto Boulevard
area, as well as to close some of the gaps west of Garth Road She stated that agenda item 7 a
was for three (3) development agreements with the City of Baytown which means the
owners may remain outside of the city limits as long as, they don't have any new development
that would remove their agricultural exemption She stated that agenda item 7 b pertained to the
second and final reading of this same annexation and that agenda item 7 c placed this annexation
in District 3
City Council Regular Meeting Minutes
June 08 2017
Page 10 of 18
With regards to the development agreements Mayor DonCarlos inquired as to what would the
proposed new restrictions on annexations of cities now being considered by the legislature and
about to be considered do to such and if the city would be able to ever annex these properties
Mr Ramirez responded to Mayor DonCarlos's inquiry and stated that it depends on what's passed
by the legislature Mr Woolery noted that this topic is at the top of the pnonties list and that
clarity is being requested with this regard Mayor DonCarlos further inquired if there should be a
delay in the acceptance of the agreements until there is such clarity Mr Woolery stated that it
wouldn't help to wart During further discussion, it was noted that a development agreement has
to be offered to the property owners and that the agreement lasts for seven years until
development
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem
David McCartney approving agenda item 7 a. (Ordinance No 13,483). agenda item 7 b
(Ordinance No 13,465), and agenda item 7 c (Ordinance No 13,484) The vote was as follows
Ayes Mayor Stephen DimCarlos, Council Member Charles Johnson Council
Member Robert C Hoskins, Mayor Pro Tem David McCartney Council
Member Laura Alvarado Council Member Terry Sam, Council Member
Chris Presley
Nays None
Approved
ORDINANCE NO 13,483
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO DEVELOPMENT
AGREEMENTS WITH THE OWNERS OF CERTAIN PROPERTIES WITHIN
THE PROPOSED 235 98 ACRE ANNEXATION, AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
ORDINANCE NO 13,465
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS MAKING CERTAIN FINDINGS PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN TEXAS AND THE ANNEXATION OF 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 CRR SURVEY, ABSTRACT
NO 899 AND THE T T RISTERGEN SURVEY ABSTRACT NO 1425,
City Council Regular Meeting Minutes
June 08 2017
Page 11 of 18
HARRIS COUNTY, TEXAS WHICH SAID TERRITORY LIES ADJACENT
TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN TEXAS
ORDINANCE NO 13484
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS ADDING APPROXIMATELY 235.98f 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
SAVE AND EXCEPT THOSE PROPERTIES SUBJECT TO DEVELOPMENT
AGREEMENTS, INTO COUNCIL DISTRICT NO 3, REPEALING
ORDINANCES INCONSISTENT HEREWITH CONTAINING A SAVINGS
CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF
PROPOSED ORDINANCES
a Consider an ordinance for the first reading of the proposed voluntary 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 S, Block 22, Highland Farms, T T
Ristergen Survey, Abstract Number 1425, Harris County, Texas
Mrs Foster stated that this agenda item was no longer necessary for action as this parcel is inside
of an involuntary annexation She further noted that the property owner submitted flus voluntary
request Just in case as he was on a timeline
b Consider an ordinance awarding a construction contract to E.P Brady Ltd, for the
Partial Service Area Diversion to the Northeast Wastewater Treatment Plant Project
Mr Pastrana presented the agenda item and stated that this agreement is for the redirection of
sewer flows in the area north of 1 10 in the vicinity of the Eastpomt Subdivision Mud 213 A and
B, and other surrounding areas to the Northeast Wastewater Treatment Plant He stated that the
flow from these areas currently goes through to West District and Lift Station #1 at 110 and
John Martin He stated that the lift station force main and gravity lines downstream and are in
need of relief He stated that redirecting these flows from the west district to the northeast
will provide breathing room before having to replace the lift station force main and gravity lines
downstream as well as additional flows to the Northeast Wastewater Treatment Plant which is
running under capacity
Mr Pastrana further stated that Ordinance No 13 485 awards a construction contract to E.P
Brody Ltd for the Partial Service Area Diversion to the Northeast Wastewater Treatment Plant
Project in an amount not to exceed $3,319,754 10
City Council Regular Meeting Minutes
June 08 2017
Page 12 of 18
Mayor DonCarlos inquired if the lines were being upsize large enough to accommodate the
potential master plan projects to the north Deputy City Manager Bottoms stated that these flows
will go to the Northeast to include the service area discussed and that the areas specifically to
Mayor DonCarlos's inquiry will not come through these particular Imes, but rather Main Street
instead Mr Pastrana stated that this redirection will allow for breathing room and capacity in
those lines for now postponing what's needed for a few years and further stated that this will
redirect approximately one (1) million gallons per day of what would ordinarily go to the West
District Plant to the Northeast Plant
Council Member McCartney inquired of the current capacity of the Northeast Plant Mr Pastrana
stated that the current capacity of the Northeast Plant is ten (10) million gallons per day
A motion was made by Council Member Charles Johnson and seconded by Council Member
Robert C Hoskins approving Ordinance No 13 485 regarding agenda item 8.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 Terry Sam, Council Member
Chris Presley
Nays None
Approved
ORDINANCE NO 13,485
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS ACCEPTING THE BID OF E.P BRADY LTD FOR THE PARTIAL
SERVICE AREA DIVERSION TO THE NORTHEAST WASTEWATER
TREATMENT PLANT PROJECT AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A
CONTRACT WITH E.P BRADY LTD FOR SAID PROJECT,
AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF THREE
MILLION THREE HUNDRED NINETEEN THOUSAND SEVEN HUNDRED
FIFTY FOUR AND 10/100 DOLLARS ($3,319754 10), MAKING OTHER
PROVISIONS RELATED THERETO AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
c Consider an ordinance authorizing one or more agreements for the renovation and
use of a portion of the Sterling Municipal Library for GRADcafe, which will provide
college and career guidance services
Mayor DonCarlos stated that agenda item 8.c was not ready consideration
City Council Regular Mceung Minutes
June 08 2017
Page 13 of 18
A motion was made by Council Member Robert C Hoskins and seconded by Council Member
Laura Alvarado approving to suspend agenda item 8.c to the next scheduled Council 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 Terry Sam, Council Member
Chris Presley
Nays None
Approved
d Consider authorizing Change Order No 1 to the Hunt Road East Project with
Angel Brothers Enterprises, LTD
Mr Pastrana presented the agenda item and stated that this change order is for storm sewer
changes that became necessary when staff encountered an existing waterline at an unexpected
elevation at the intersection of Independence Boulevard and Garth Road, which is not adjustable
He stated that this change order includes a new concrete junction box to replace a large existing
brick Junction box that's in a collapsed state Additionally he stated that the change requires the
rerouting of box culverts as well as change he dimensions of the culverts by adding and
deducting some materials resulting in a net deductive change order of $3,850
A motion was made by Council Member Terry Sam and seconded by Council Member Chris
Presley approving Ordinance No 13 486 regarding agenda item 8.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 Terry Sain Council Member
Chris Presley
Nays None
Approved
ORDINANCE NO 13 486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS AUTHORIZING CHANGE ORDER NO 1 WITH ANGEL
BROTHERS ENTERPRISES LTD FOR THE HUNT ROAD EAST PROJECT
WHICH REDUCES THE CONTRACT PRICE BY THREE THOUSAND
EIGHT HUNDRED FIFTY AND NO/100 DOLLARS ($3,850.00), AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
City Council Regular Meeting Minutes
June 08 2017
Page 14 of 18
PROPOSED RESOLUTIONS
a Consider a resolution authorizmg the City Manager to submit two homeland
security grant applications to the Houston UASI for further submission, approval and
management by the Office of the Governor, State of Texas, on behalf of the Fire
Department to support two Specialized Response Teams
Fire Chief, Shon Blake presented the agenda item and stated that thus grant in total of
approximately $158,000 for equipment only for structural collapse and hazmat Additionally, he
noted that there was no match to this grant
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Robert C Hoskins approving Resolution No 2479 regarding agenda item 9.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 Terry Sam Council Member
Chris Presley
Nays None
Approved
RESOLUTION NO 2479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS AUTHORIZING THE CITY MANAGER TO MAKE TWO (2)
APPLICATIONS TO THE HOUSTON URBAN AREA SECURITY
INITIATIVE (UASI) FOR FURTHER SUBMISSION AND APPROVAL AND
MANAGEMENT BY THE OFFICE OF THE GOVERNOR STATE OF
TEXAS, ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT IN THE
AMOUNT OF ONE HUNDRED FIFTY SEVEN THOUSAND NINE
HUNDRED THIRTY SIX AND 84/100 DOLLARS ($157,936.84) FOR (I)
DETECTORS AND KITS FOR THE TYPE I HAZMAT TEAM PRE
INCIDENT PREVENTION AND PROTECTION OPERATIONS AND (II)
SHORING AND RESCUE TOOLS AND EQUIPMENT FOR THE TYPE II
STRUCTURAL COLLAPSE AND RESCUE TEAM FOR POST INCIDENT
RESPONSE AND RECOVERY OPERATIONS, AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT
MAY RESULT THEREFROM AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF
City Council Regular Meeting Minutes
June 08 2017
Page 15 of 18
10 CONSENT
Council Member Hoskins requested that consent agenda item 10.b be pulled and considered
separately
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David
McCartney approving consent agenda items 10.a. 10.c. 10A. and 10.e The vote was as
follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Council
Member RobertC Hoskins Mayor Pro Tem David McCartney, Council
Member Laura Alvarado Council Member Terry San Council Member
Chris Presley
Nays None
Approved
a Consider an ordinance amending Chapter 110 "Floods," Article II "Flood Damage
Prevention," Division 2 'Administration " Section 110 66 "Designation of flood plain
administrator" of the Code of Ordinances, Baytown Texas, to designate the Director of
Engineering as the floodplain administrator
ORDINANCE NO. 13,487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS AMENDING CHAPTER 110 FLOODS," ARTICLE II "FLOOD
DAMAGE PREVENTION" DIVISION 2 ADMINISTRATION," SECTION
11066 "DESIGNATION OF FLOODPLAIN ADMINISTRATOR' OF THE
CODE OF ORDINANCES BAYTOWN TEXAS TO DESIGNATE THE
DIRECTOR OF ENGINEERING AS THE FLOODPLAIN ADMINISTRATOR
PROVIDING A REPEALING CLAUSE, CONTAINING A SAVINGS
CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
c Consider an ordinance authorizing the closeout, acceptance and release of final
retainage for the Highway 99 and Tri City Beach Road Utility Relocation Project with
Persons Service Company LLC
ORDINANCE NO 13 488
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS ACCEPTING THE HIGHWAY 99 AND TRI CITY BEACH ROAD
UTILITY RELOCATION PROJECT AUTHORIZING FINAL PAYMENT OF
THE SUM OF THIRTY ONE THOUSAND THREE HUNDRED SIXTY FIVE
AND 33/100 DOLLARS ($31365.33) TO PERSONS SERVICE COMPANY,
City Council Regular Meeting Minutes
June 08 2017
Page 16 of 18
LLC FOR SAID PROJECT AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
d Consider an ordinance authorizing the closeout, acceptance and release of retainage
for the Cedar Port Industrial Park 1.0 MGD Elevated Storage Tank Project with
Landmark Structures I, L.P
ORDINANCE NO 13 489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, ACCEPTING THE CEDAR PORT INDUSTRIAL PARK 10 MGD
ELEVATED STORAGE TANK PROJECT AUTHORIZING FINAL
PAYMENT OF THE SUM OF ONE HUNDRED FIFTY ONE THOUSAND
SEVEN HUNDRED SEVENTY TWO AND 29/100 DOLLARS ($151 772.29)
TO LANDMARK STRUCTURES I L.P , FOR SAID PROJECT AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
e Consider an ordinance authorizing the City Manager to negotiate and execute
contracts for debris monitoring services and debris removal services
ORDINANCE NO 13 490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE UP TO THREE (3) NO UPFRONT COST, STANDBY
CONTRACTS FOR EMERGENCY DEBRIS MONITORING SERVICES AND
DEBRIS REMOVAL SERVICES, RELATED EQUIPMENT AND SUPPORT
SERVICES AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
10.b Consider an ordinance authorizing an Industrial District Agreement with
Enterprise Products Operating LLC
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David
McCartney approving Ordinance No 13 491 regarding consent agenda item I Oh The vote was
as follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Mayor Pro
Tem David McCartney Council Member Laura Alvarado, Council
Member Terry Sain Council Member Chris Presley
Nays. None
Other Council Member Robert C Hoskins (Abstain)
Approved
City Council Regular Meeting Minutes
June 08 2017
Page 17 of 18
ORDINANCE NO 13,491
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 ENTERPRISE PRODUCTS OPERATING LLC AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
IY�� � i�] ICY Yi71 sI�Y Y:
a Consider three (3) appointments to the Baytown Industrial Appraisal Review
Board
City Clerk Leticia Brysch presented the agenda nem to consider the three (3) appointments of
Mr Ron Haddox Mr Chet Theiss and Ms Donna Winfrey Vanier to the Baytown Industrial
Appraisal Review Board Additionally she noted that all members desired to serve for another
tern
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Robert C Hoskins approving the three (3) appointments of Mr Ron Haddox, Mr Chet Theiss
and Ms Donna Winfrey Varner to the Baytown Industrial Appraisal Review Board 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 Terry Sam, Council Member
Chris Presley
Nays None
Approved
12 MANAGER'S REPORT
Council Member Johnson made mention that the Texas Nonprofit Theatres extended gratitude to
the City of Baytown for the HOT grant funds which allowed 380 youth to perform this weekend
at the Lee College Performing Arts Center Additionally, he noted that there were a total of 500
individual visitors which included the 380 youth and he further extended an invitation for others
to support those youth participants
City Manager Davis acknowledged Sergeant Martinez and Officer Grant for assisting a driver
with a flat fire Carol Flynt, Jamie Eustace, and Nick Woolery for teaching employees about
process management of the Baytown yoU program, and Chazley Dotson Kim Gutierrez Linda
Newsted, Lethe Brysch Joey Lopez Kevin Harvill, Lesley Kohles, Jenna Harte Tim Lancon
and Jennifer Hughes for completing the green belt training of Baytown yoU program
City Council Regular Meeting Minutes
June 08 2017
Page 18 of 18
13 ADJOURN
A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David
McCartney adjourning the lune 08, 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 Terry Sam Council Member
Chris Presley
Nays None
Approved
With there being no further business to discuss Mayor DonCarlos adjourned the June 08
2017 City Council Regular Meeting at 722 P M
6
L ictkBry&sch. City Cl
City of Baytown