2018 11 19 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
November19,2018
The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday,
November 19, 2018, at 6:33 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
Charles Johnson
Mayor Pro Tem
David Himsel
Council Member
Chris Presley
Council Member
Heather Betancourth
Council Member
Stephen H. DonCarlos Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Alisha Segovia
Acting City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the November 19, 2018, City Council Special Meeting with a
quorum present at 6:33 P.M., all members were present with the exception of Council Member
Hoskins who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Betancourth.
1. ELECTION CANVASS
a. Canvass the returns of the City of Baytown's November 06, 2018, General and
Special Elections.
Mayor DonCarlos canvassed the returns of the City of Baytown's November 06, 2018, General
and Special Elections, which regarded the Office of Mayor along with 27 propositions that
included 26 propositions and the street maintenance sales tax. He stated that through the City
Clerk, the sealed precinct returns were delivered to the City Council as the canvassing authority.
He read a summary of the tabulated results of the elections based upon the complete tabulation as
follows:
For Mayor
Brandon Capetillo
18,360
Lee Larson
2,527
Total Votes Cast
1Q887
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November 19, 2019
Page 2 of 20
Propositions
Propositions
For
Against
Total Votes Cast
Prop A
9,022
2,507
11,529
Prop B
7,476
3,371
10,947
Prop C
8,673
2167
10,840
Prop D
9241
1540
10781
Prop E
8445
2060
10505
Prop F
7674
2947
10621
Prop G
9857
966
10823
Prop H
7225
3225
10450
Prop 1
1 7693
2744
1 10437
Prop J
8014
2267
10281
Prop K
9026
1356
10382
Prop L
8155
2173
10328
Prop M
9546
970
10516
Prop N
8489
1762
10251
Prop O
8836
1371
10207
Prop P
7220
2907
10127
Prop Q
7881
2246
10127
Prop R
8536
1509
10045
Prop S
8378
1 1616
1 9994
Prop T
9043
1115
10158
Prop U
8105
1824
9929
Prop V
7911
1981
9892
Prop W
8453
1538
9991
Prop X
8203
1682
9885
Prop Y
8135
1754
9889
Prop Z
7736
2216
9952
Prop AA
8168
1791
9959
Mayor DonCarlos stated that the election returns tally list and the early voting precinct report
used for canvassing was submitted to City Clerk, the general custodian of elections records.
b. Consider an ordinance declaring the results of the City of Baytown General and
Special Elections held on Tuesday, November 6, 2018.
Mayor DonCarlos noted that the official canvass report would be available in the City Clerk's
Office of City Hall and through the public information process.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tenn
Charles Johnson approving Ordinance No. 13,944, regarding agenda item l.b. The vote was as
follows:
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November 19, 2019
Page 3 of 20
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancoutth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 13,944
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE MUNICIPAL ELECTION
HELD NOVEMBER 6, 2018, CONCERNING THE ELECTION OF A MAYOR
OF THE CITY OF BAYTOWN; DECLARING THE RESULTS OF THE
SPECIAL ELECTIONS HELD NOVEMBER 6, 2018, CONCERNING (I) THE
REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE
CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT
TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND
REPAIR OF MUNICIPAL STREETS, AND (II) TWENTY-SEVEN (27)
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
2. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on September 13, 2018.
A motion was made by Mayor Pro Tom Charles Johnson and seconded by Council Member
Laura Alvarado approving the September 13, 2018, City Council Work Session and Regular
Meeting minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
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November 19, 2019
Page 4 of 20
3. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Mr. Kevin Garrett requested to appear before the Council in regards to the City's
Towing and Vehicle Storage Services Contract (Bid No. 1809-09).
Mr. Kevin Garrett, the owner of Brad's Wrecker Service located in Baytown, Texas stated that
Ray Cunningham Sr. is the owner of Baytown Auto Collision, Baytown Wrecker Service, and
Baytown Auto Storage and owns seventeen other businesses at the League City address and
further noted that Ray Cunningham Jr., is the manager of all three (3) businesses located on
North Main in Baytown Texas. He stated that on September 21, 2018, they were fined $1,500 by
TDLR for having a vehicle owner sign an authorized form for repair of a vehicle contract, in
which the city ordinance prohibits the referral to any repair facility. Mr. Garrett stated that
Baytown Wrecker Service, htc.'s, occupancy license is in Kenneth Hammer's name, the number
listed on the side of their trucks is 281422-4666, which is a listing for Kenneth's Paint and Body
Shop, and they have a rolling billboard on the side of their truck for a repair facility. He noted
that the business location parking spaces were limited. He stated that as of November 19, 2018,
Kenneth Hammer's owner of said property at 552 North Main is delinquent in taxes, as well as,
the adjacent property of Ray Cunningham Sr. of Baytown Auto Collision. Additionally, Mr.
Garrett requested that the contract be revitalized so that more wrecker companies could service
the community of Baytown properly.
Donald Wilkins and Adri Garrett registered to speak before Council regarding agenda item 3.a.
Mr. Donald Wilkins stated that towing companies have certain fees allowed to be charged which
are regulated by TDLR such as towing fees, notification fees, and impound fees that the City is
stating are not allowed to be charged. He stated that the City's contract requested that the towing
companies remain operable for an extra three (3) hours per day which estimates to an additional
$270 weekly and further noted that without being able to charge for other fees it would be
difficult for them to make a profit.
Adri Garrett did not speak when called upon.
b. Recognize City of Baytown Employees for their Years of Service.
Director of Human Resources, Carol Flynt presented the agenda item and recognized City of
Baytown employees for their years of service.
10 Years
Jerry L.eCompte, Public Works Wastewater Coordinator
20 Years
Eric Skow, Fire Lieutenant
Heather Shedd, Police Patrol Officer
Craig Green, Police Patrol Officer
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November 19, 2019
Page 5 of 20
4. REZONING OF APPROXIMATELY 45.46 ACRES OF LAND LOCATED
ALONG THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 10 AND JOHN
MARTIN ROAD
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 45A6 acres, located on the northwest corner of the intersection of
Interstate Highway 10 Frontage Road and John Martin Road, legally described as Tract 1,
Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas, from an Open
Space/Recreation (OR) Zoning District to a General Commercial (GC) and Mix Residential
at Low -to -Medium Densities (SF2) Zoning District.
At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a request to
amend the official zoning map to rezone approximately 45.46 acres, located on the northwest
comer of the intersection of Interstate Highway 10 Frontage Road and John Martin Road, legally
described as Tract 1, Block 46, Elena Fruit & Cotton Farms C, Hams County, Texas, from an
Open Space/Recreation (OR) Zoning District to a General Commercial (GC) and Mix
Residential at Low -to -Medium Densities (SF2) Zoning District.
Director of Planning and Community Development, Tiffany Foster presented a summary of the
public hearing and stated that the request is regarding approximately 45 acres located on the
Northwest comer of John Martin and 1-10. She stated that this particular property was brought
into the City by an involuntary annexation, in which the owners before the sale of the property
at that time were already looking to develop the site. She stated that the current request is to
rezone to commercial on the southern portion and residential on the northern portion of the
property for approximately 79 lots. Additionally, she stated that once the zoning process is
complete they'll start the platting process to divide out the lots.
Gina Kyle, a representative of Windrose Surveying was available to answer any questions.
With there being no one registered to speak on agenda item 4.a., Mayor DonCarlos closed the
public hearing at 7:05 P.M.
b. Consider an ordinance amending the official zoning map to rezone approximately
45.46 acres located on the northwest corner of the intersection of Interstate Highway
10 Frontage Road and John Martin Road, legally described as Tract 1, Block 46, Elena
Fruit & Cotton Farms C, Harris County, Texas, from an Open Space/Recreation (OR)
Zoning District to a General Commercial (GC) and Mix Residential at Low -to -Medium
Densities (SF2) Zoning District.
Council Member Betancourth inquired if there was a housing price point. In response to Council
Member Betancourth's inquiry, Mrs. Foster stated that currently there was no price point, but
further noted that there was 79 lots with a 60 X 110 lot size.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Chris Presley approving Ordinance No. 13,945, regarding agenda item 4.b. The vote was as
follows:
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November 19, 2019
Page 6 of 20
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 13,945
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 45.46 ACRES LOCATED ON
THE NORTHWEST CORNER OF THE INTERSECTION OF INTERSTATE
HIGHWAY 10 FRONTAGE ROAD AND JOHN MARTIN ROAD, LEGALLY
DESCRIBED AS TRACT 1, BLOCK 46, ELENA FRUIT & COTTON FARMS
C, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION
(OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING
DISTRICT AND A MIX 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.
5. REZONING OF APPROXIMATELY 2 ACRES OF LAND LOCATED NEAR
CROSBY CEDAR BAYOU ROAD AND BLUE HERON PARKWAY
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately two (2) acres, located approximately 1200 feet to the west of Crosby
Cedar Bayou Road and approximately 1100 feet south of Blue Heron Parkway, legally
described as part and out of Tract 1L, 1L-1, and 10A of Christian Smith Survey Abstract
69, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Mixed
residential at Low -to -Medium Densities (SF2) Zoning District.
At 7:06 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a request to
amend the official zoning map to rezone approximately two (2) acres, located approximately
1200 feet to the west of Crosby Cedar Bayou Road and approximately 1100 feet south of Blue
Heron Parkway, legally described as part and out of Tract 1 L, IL-1, and I0A of Christian Smith
Survey Abstract 69, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District
to a Mixed residential at Low -to -Medium Densities (SF2) Zoning District.
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Page 7 of 20
Mrs. Foster summarized the public hearing and stated that this is a zoning from one of the recent
annexations from the you 2017. She stated that the two (2) acres of land subject of this public
hearing has a parcel with an existing home and on the other parcel a family member would like
to construct a new home. She noted that when property is annexed it comes in with the most
restrictive zone which is Open Space (OR) and when the property owner starts to develop they
will zone according to the appropriate zoning district. Mrs. Foster stated that there's a plan for
the 2017 annexations, but these particular property owners' wants to move faster and requested
to rezone. Additionally, she noted that the properties are adjacent to residential in which staff
would recommend such zoning request.
Jerad Norris registered to speak at the public hearing regarding agenda item 5.a. to answer any
questions if necessary.
Mayor DonCarlos closed the public hearing regarding agenda item 5.a. at 7:08 P.M.
b. Consider an ordinance amending the official zoning map to rezone approximately
two (2) acres, located approximately 1200 feet to the west of Crosby Cedar Bayou Road
and approximately 1100 feet south of Blue Heron Parkway, legally described as part and
out of Tract 1L, 1L-1, and 10A of Christian Smith Survey Abstract 69, Harris County,
Texas, from an Open Space/Recreation (OR) Zoning District to a Mixed Residential at
Low -to -Medium Densities (SF2) Zoning District.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving Ordinance No. 13,946, regarding agenda item 5.b. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 13,946
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 TWO (2) ACRES, LOCATED
APPROXIMATELY I200 FEET TO THE WEST OF CROSBY CEDAR
BAYOU ROAD AND APPROXIMATELY 1100 FEET SOUTH OF BLUE
HERON PARKWAY, LEGALLY DESCRIBED AS PART AND OUT OF
TRACT 1L, 1L-1, AND 10A OF CHRISTIAN SMITH SURVEY ABSTRACT
69, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION
(OR) ZONING DISTRICT TO A MIXED RESIDENTIAL AT LOW-TO-
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November 19, 2019
Page 8 of 20
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.
6. PROPOSED AMENDMENTS TO THE ULDC REGARDING OVERLAY
DISTRICTS AND LIVABLE CENTERS
a. Conduct a public hearing concerning an amendment to the Unified Land
Development Code text in order to adopt enabling language for the creation of overlay
districts with the primary goal of creating a uniquely -built environment for the City of
Baytown.
At 7:10 P.M., Mayor DonCarlos opened and conducted a public hearing concerning an
amendment to the Unified Land Development Code text in order to adopt enabling language for
the creation of overlay districts with the primary goal of creating a uniquely -built environment
for the City of Baytown.
Mrs. Foster presented a summary of the public hearing and stated that this is a text amendment to
the ULDC to allow the City to create overlay districts, in which the City has the ability to do so
in the old zoning code but did not transfer to the 2013 version of the code. She stated that
staff recommended adopting such language as an overlay district is being created in the San
Jacinto Boulevard area. Additionally, she noted that agenda item 6.c. would also be related to
such amendment.
With there being no one registered to speak regarding agenda item 6.a, Mayor DonCarlos closed
the public hearing at 7:12 P.M.
b. Consider an ordinance amending the Unified Land Development Code text in order
to adopt enabling language for the creation of overlay districts with the primary goal of
creating a uniquely -built environment for the City of Baytown.
Council Member Johnson inquired if the limitation on height with regards to signage would be
addressed in this amendment. Mrs. Foster noted that signage height limitations would not be
addressed in this text amendment, but it would be addressed along with other items for the San
Jacinto Overlay District during the meeting with the Planning and Zoning Commission.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,947, regarding agenda item 6.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
City Council Special Meeting Minutes
November 19, 2019
Page 9 of 20
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 13,947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS"
TO ADD A NEW SUBSECTION TO SECTION 2.06 "SPECIAL PURPOSE
ZONING DISTRICTS" TO BE NUMBERED AND ENTITLED SUBSECTION
(D) "OVERLAY DISTRICT," AND TO ADD A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 2.087 "OVERLAY DISTRICT," TO
ENABLE THE CREATION OF OVERLAY DISTRICTS IN THE CITY OF
BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Conduct a public hearing concerning an amendment to the official zoning map to
rezone approximately 400 acres generally located south of the eastbound frontage road on
Interstate Highway 10, west of Garth Road, north of Archer Road, and east of John
Martin Road including multiple parcels, all within Baytown, Harris County, Texas,
from Open Space/Recreation (OR), General Commercial (GC) and Single -Family Estate
(SFE) Zoning Districts to Livable Center (LC) and General Commercial (GC) Zoning
Districts.
At 7:13 P.M., Mayor DonCarlos opened and conducted a public hearing concerning an
amendment to the official zoning map to rezone approximately 400 acres generally located south
of the eastbound frontage road on Interstate Highway 10, west of Garth Road, north of Archer
Road, and east of John Martin Road including multiple parcels, all within Baytown, Hams
County, Texas, from Open Space/Recreation (OR), General Commercial (GC) and Single -
Family Estate (SFE) Zoning Districts to Livable Center (LC) and General Commercial (GC)
Zoning Districts.
Mrs. Foster presented a summary of the public hearing and stated that this agenda item was
related to the overlay, which is a land use tool used on top of a base zoning district with the
majority being livable centers. She noted that currently the majority of the land in this area is
zoned general commercial and this would help protect the area from unwanted uses that are
allowed in general commercial, such as self -storage or auto repair, while staff continues to work
on the development standards, as well as, the overlay.
Mrs. Foster further noted that one of the larger property owners had some discussions and is not
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November 19, 2019
Page 10 of 20
concerned about the uses, but more of the detention and drainage issues. Additionally, she stated
that staff is trying to address such issue within the overlay.
With there being no one registered to speak regarding agenda item 6.c., Mayor DonCarlos closed
the public hearing at 7:15 P.M.
d. Consider an ordinance amending the official zoning map to rezone approximately
400 acres generally located south of the eastbound frontage road on Interstate Highway 10,
west of Garth Road, north of Archer Road, and east of John Martin Road including
multiple parcels, all within Baytown, Harris County, Texas, from Open Space/Recreation
(OR), General Commercial (GC) and Single -Family Estate (SFE) Zoning Districts to
Livable Center (LC) and General Commercial (GC) Zoning Districts.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
David Himsel approving Ordinance No. 13,948, regarding agenda item 6.d. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 13,948
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 400 ACRES GENERALLY
LOCATED SOUTH OF THE EASTBOUND FRONTAGE ROAD ON
INTERSTATE HIGHWAY 10, WEST OF GARTH ROAD, NORTH OF
ARCHER ROAD, AND EAST OF JOHN MARTIN ROAD WITHIN
BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN
SPACE/RECREATION (OR) ZONING DISTRICT, A GENERAL
COMMERCIAL (GC) ZONING DISTRICT, AND A SINGLE-FAMILY
ESTATE (SFE) ZONING DISTRICT TO A LIVABLE CENTER (LC) ZONING
DISTRICT AND A GENERAL COMMERCIAL (GC) ZONING DISTRICT;
PRESCRBING 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.
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November 19, 2019
Page 11 of 20
7. PROPOSED ORDINANCES
a. Consider an ordinance authorizing an Agreement for Documentary Services with
Kenneth Benitez LLC, for the creation of a historical documentary concerning the Brunson
Theater.
Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that in
the next phase of renovating the Brunson Theater from an actual theater preserving its memories
and history would be critical; therefore, staff decided to create a historical documentary about the
theater. He further introduced Rick King and Kenneth Benitez representatives of Kenneth
Benitez, LLC to provide more details of the project and noted that they are the same production
team that developed Here, We Grow Giants.
Mr. Kenneth Benitez noted that he's a film maker, director, and owner of the Kenneth Benitez,
LLC Production Company. Additionally, he noted that he's been doing film work for more
than 15 years in the Houston area and has been working with Mr. King for nine (9) years.
Mr. Rick King, noted that he grew up in Baytown and furthered his education at the University
of Texas in advertising and marketing. Further during the presentation he provided short videos
of some of their film work and stated that their goal was to bring the Brunson back to life.
He explained the various aspects of filming this production which included high end graphics,
cinematic interviews of various people in captivating Baytown locations, live action shots of
cinema icons, still and vintage photography of Brunson and Baytown, and visual effects. Mr.
King stated that the schedule included the initiation phase of 2-5 days, reproduction phase which
estimates 14-16 days, production phase which estimates 4-5 days, and the post production phase
which estimates 22-26 days. Mr. King stated that the deliverables would include a 15-20 minute
documentary, four (4) sixty second social media clips, four (4) fifteen second social media clips,
a designed Brunson film poster, still photography assets, and Baytown/Brunson footage assets
for a budget of approximately $68,850. Additionally, he stated that the City would receive all
footage assets and noted that Bill Broyles, a Hollywood star who grew up in Baytown confirmed
his willingness to participate in the documentary.
Council Member Alvarado inquired as to how would this documentary be accessible to viewers.
Mr. Woolery stated that the documentary would be available to watch in the lobby of the new
Baytown Visitors Center at Brunson, on BTV16, and any other avenue available. He further
noted that the goal is to have the documentary complete and ready for the ribbon cutting.
A motion was made by Council Member Chris Presley and seconded by Council Member
Heather Betancourth approving Ordinance No. 13,949, regarding agenda item 7.a. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betarcourth, Council Member Chris Presley
Nays: None
City Council Special Meeting Minutes
November 19, 2019
Page 12 of 20
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 13,949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR DOCUMENTARY
SERVICES WITH KENNETH BENITEZ, LLC, FOR THE CREATION OF A
HISTORICAL DOCUMENTARY CONCERNING THE BRUNSON
THEATER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
THE AMOUNT OF SIXTY-EIGHT THOUSAND EIGHT HUNDRED FIFTY
AND NO/100 DOLLARS ($68,850.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance amending Section 70-8 "Alcoholic beverages" of the Code of
Ordinances, Baytown, Texas, to permit alcoholic beverages at Evergreen Park Clubhouse.
Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that
Ordinance No. 13,950 amends Section 70-8 "Alcoholic beverages" of the Code of Ordinances,
Baytown, Texas, to permit alcoholic beverages at Evergreen Park Clubhouse. He stated that
currently, alcoholic beverages are not permitted in City parks, except at Bayland Park only at
times and under certain conditions. He also stated that Ordinance No. 13,950 would expand such
exception to include alcoholic beverages at the Clubhouse at Evergreen Park. Additionally, he
stated that the Parks and Recreation Advisory Committee considered this item at its last several
meetings and unanimously approved it at its meeting held on November 14, 2018.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
David Himsel approving Ordinance No. 13,950, regarding agenda item Th. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
City Council Special Meeting Minutes
November 19, 2019
Page 13 of 20
ORDINANCE NO. 13,950
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 70 'PARKS AND RECREATION,"
SECTION 70-8 "ALCOHOLIC BEVERAGES" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO EXEMPT THE CLUBHOUSE AT
EVERGREEN PARK FROM THE PROHIBITION OF ALCOHOLIC
BEVERAGES IN CITY PARKS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO1100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Consider an ordinance amending Chapter 2 "Administration," Article V
"Finance," Division 1 "Generally," Section 2-595 "Fees for various city services" of the
Code of Ordinances, Baytown, Texas, to adopt fees for special events at the Clubhouse at
Evergreen Park.
Mr. Scott Johnson presented the agenda item and stated that Ordinance No. 13,951 amends
Chapter 2 "Administration," Article V 'Finance," Division I "Generally," Section 2-595 "Fees
for various city services" of the Code of Ordinances, Baytown, Texas, to adopt the following
fees for special events at the Clubhouse at Evergreen Park. Additionally, he noted that there
would be modifications to the fees as discussed during the council work session.
Council Member Himsel recommended that the fees be reassessed in the future.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,951, regarding agenda item 7.c. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancwurth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO, 13,951
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 'PEES FOR
VARIOUS CITY SERVICES," SUBSECTION (4) 'PARKS AND
City Council Special Meeting Minutes
November 19, 2019
Page 14 of 20
RECREATION SERVICES" OF THE CODE OF ORDINANCES OF THE CITY
OF BAYTOWN, TEXAS, BY ADDING SUBSECTION (D) TO ESTABLISH
FEES FOR THE CLUBHOUSE AT EVERGREEN PARK; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing a Professional Service Agreement with Element
Architects, for the Citizen's Bank Building Project.
Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No.
13,952, authorizes a Professional Service Agreement with Element Architects for the Citizen's
Bank Building Project in an amount not to exceed $145,075. He stated that the scope of work
includes design services, construction management services, bid services, and close out services.
Additionally, he stated that the intent of the project is to create a multifunctional facility that
could be adapted to accommodate the multiple types of businesses in the downtown area.
Council Member Presley stated that during the last discussion, council was undecided about the
depth and further inquired for clarity if this entity would assist with sorting out such topic. In
response to Council Member Presley's inquiry, Mr. Pastmna stated yes and that this would be a
key element of the project in which there were some considerations needing to be taken into
account with regards to costs. Deputy City Manager Bottoms stated for clarity that making the
final decision on the depth was included in this process and further noted that although during
the last discussion the primary direction was to square the depth the same as the existing other
options would be considered.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles
Johnson approving Ordinance No. 13,952, regarding agenda item 7A. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 13,952
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH ELEMENT ARCHITECTS, LLC, FOR THE CITIZEN'S BANK
BUILDING PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-
FIVE THOUSAND SEVENTY-FIVE AND NO/100 DOLLARS ($145,075.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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November 19, 2019
Page 15 of 20
8. CONSENT
City Attorney, Ignacio Ramirez stated that consent agenda item 8.g. was not ready to be
considered.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving consent agenda items 8.a. through 8£ and 8.h. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
a. Consider an ordinance approving the payment of the Texas Commission on
Environmental Quality fee for the City's four (4) wastewater treatment plants.
ORDINANCE NO. 13,953
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE
HUNDRED SEVENTY-TWO THOUSAND THREE HUNDRED FIFTY-ONE
AND 30/100 DOLLARS ($172,351.30) TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED
WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER
TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
It. Consider an ordinance approving the payment to the Texas Commission on
Environmental Quality of the City's water system fee.
ORDINANCE NO. 13,954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF EIGHTY-
FIVE THOUSAND ONE HUNDRED FIFTY-FOUR AND 65/100 DOLLARS
($85,154.65) TO THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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November 19, 2019
Page 16 of 20
C. Consider an ordinance authorizing the purchase of a Jacobsen HR700 - 14-foot Bat
Wing Mower from Textron, Inc., through the National Joint Powers Alliance cooperative
contract.
ORDINANCE NO. 13,955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-ONE THOUSAND
SEVEN HUNDRED EIGHTY-SEVEN AND 25/100 DOLLARS ($61,787.25)
TO TEXTRON, INC., FOR THE PURCHASE OF A JACOBSEN HR700 - 14-
FOOT BAT WING MOWER THROUGH THE NATIONAL JOINT POWERS
ALLIANCE (NJPA); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the First Amendment to the Interlocal
Agreement with the Baytown Municipal Development District to fund the Brunson
Theater Redevelopment Project.
ORDINANCE NO. 13,956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT TO FUND THE BRUNSON THEATER
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider and ordinance approving Change Order No. 3 with Crain Group, LLC,
for the Brunson Theater Renovation Project.
ORDINANCE NO. 13,957
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH CRAIN GROUP,
LLC, FOR THE BRUNSON THEATER RENOVATION PROJECT,
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF THIRTY-SEVEN THOUSAND EIGHTHUNDRED FIFTY-
SEVEN AND 60/100 DOLLARS ($37,857.60); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
E Consider an ordinance authorizing the Third Amendment to the Chapter 380
Economic Development Agreement with YoYo LLC, Series, to extend the completion,
valuation, and payment dates for this development project.
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November 19, 2019
Page 17 of 20
ORDINANCE NO. 13,958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE THIRD
AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT
AGREEMENT WITH YOYO LLC, SERIES 13; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance repealing Chapter 102 "Vehicles for Hire," Article III "Tow
Trucks," Division 2 "Consent and Nonconsent Tows," of the City of Baytown Code of
Ordinances, Baytown, Texas, and amending Chapter 102 "Vehicles for Hire" of the Code
of Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article
III "Tow Trucks" in order to reflect that the City is a market participant for nonconsent
tows.
ORDINANCE NO. 13,959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 102
"VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD
A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE III "TOW TRUCKS" IN
ORDER TO REFLECT THAT THE CITY IS A MARKET PARTICIPANT FOR
NONCONSENT TOWS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
8.g. Consider an ordinance authorizing a Right of Way Grant to ExxonMobil Pipeline
Company for a pipeline easement involving 0.07710 acres of land.
This item was not ready and therefore was not considered.
9. APPOINTMENTS
a. Consider five (5) appointments to the Sign Committee.
Acting City Clerk, Alisha Brinsfield presented the agenda item to consider the appointments of
Chet Theiss, Real Estate Appraiser; Al Busch, Architect; and Melody I. Galland, Texas Dept. of
Transportation "TxDOT". She stated that the members' terms expire on November 30, 2018, and
Mr. Theiss, Mr. Busch, and Ms. Galland all desired reappointment. She further noted that Mr.
Starett did not seek reappointment; therefore, there were two (2) vacancies on the committee.
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November 19,2019
Page 18 of 20
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
David Himsel approving the reappointments of Mr. Chet Theiss, Mr. Al Busch, and Ms. Melody
Galland to the Sign Committee. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member David Himsel, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
10. MANAGER'S REPORT
a. The Town Square Ice Rink will open for the Christmas season on Friday, November
23, 2018, at 6:00 P.M.
It. The Annual Baytown Christmas Parade will begin at 6:30 P.M., Thursday,
December 06, 2018, on Market Street in front of Bicentennial Park.
C. The 52nd Annual Art Show and Reception will be held at the Baytown Community
Center on Friday, December 07, 2018, at 6:00 P.M.
d. The Second Annual "Christmas Movie Night at Town Square" will be held on
Friday, December 07, 2018, starting at 6:00 P.M.
Mr. Scott Johnson presented agenda items 6.a. through 6A. He stated that the Town Square Ice
Rink would open for the Christmas season on Friday, November 23, 2018, at 6:00 P.M., daily
from 6:00 P.M. - 10:00 P.M. with the exception of Christmas Eve and New Year's Eve, which
would open from 1:00 P.M. - 5:00 P.M. on those two (2) days. He stated that the Ice Rink
would be closed on Christmas Day and New Year's Day and open from 10:00 A.M. - 10:00 P.M.
during "Christmas on Texas Avenue" on Saturday, December 08, 2018, and on "Snow Day" on
Saturday, January 12, 2019.
Mr. Johnson stated that the Annual Baytown Christmas Parade would begin at 6:30 P.M.,
Thursday, December 06, 2018, on Market Street in front of Bicentennial Park and noted that
the Annual Tree Lighting Ceremony would also take place at 6:30 P.M. at Town Square. He
noted that this year's parade route was expanded and rerouted.
Mr. Johnson stated that the Baytown Parks and Recreation Department's 52"d Annual Art Show
and Reception was scheduled for Friday, December 07, 2018, at the Baytown Community
Center, 2407 Market Street starting at 6:00 P.M. He also noted that the 2"d Annual "Christmas
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November 19, 2019
Page 19 of 20
Movie Night at Town Square" would be held on Friday, December 07, 2018, starting at 6:00
P.M.
Additionally, he noted that the Parks Crew participated in the Annual Texas Recreation and
Parks East Region Maintenance Rodeo and received 1st. He further noted that they would
participate in the state conference in February.
e. City offices will be closed Thursday and Friday, November 22-23, 2018, in
observance of the Thanksgiving holiday.
City Manager Davis introduced to council the Public Affairs Team of Mark Miller and Natasha
Barrett. Further during his acknowledgements, he stated that the Chief of the Mt. Belvieu Police
Department recognized the Baytown Police Department's SWAT team for assisting with the
surrendering of a suspect held in a residence in Mt, Belvieu. He noted that a resident of Baytown
saw a burglary in progress of his neighbor's house and called the Baytown police and stated that
the officers responded quickly and professionally. He further recognized Officer Jason Cox for
volunteering his time to the Annual Heritage Scaritage Festival, whereas he interacted well with
the visitors throughout the day. Additionally, City Manager Davis expressed appreciation to
Mayor DonCarlos for his wisdom, leadership, and friendship during their time working together.
Mayor DonCarlos noted that this would be his last formal council meeting and expressed his
appreciation to the community for the opportunity to serve as a public official.
All present council members extended best wishes to Mayor DonCarlos on the next chapter of
his life's journey.
11. ADJOURN
A motion was made by Council Member Lawn Alvarado and seconded by Mayor Pm Tem
Charles Johnson adjourning the November 19, 2018, City Council Special Meeting. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member David Himsel, Council Member Laws Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Absent)
Approved
City Council Special Meeting Minutes
November 19, 2019
Page 20 o£20
With there being no further business to discuss, Mayor DonCarlos adjourned the November 19,
2018, City Council Special Meeting at 8:02 P.M.
LctYcia Brysch, City Cler ,
City of Baytown°�i:.