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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