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2019 01 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 10, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 10, 2019, at 6:32 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 Himsel Council Member Chris Presley Council Member Heather Betancourth Mayor Pro Turn Ron Bottoms Deputy City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Pro Tern Betancourth convened the January 10, 2019, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present with the exception of Mayor Capetillo who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Himsel. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. The Baytown Police Department received the "Recognized Law Enforcement Agency" award from the Texas Police Chiefs Association Law Enforcement Recognition Program. Police Chief, Keith Dougherty presented the agenda item and received the "Recognized Law Enforcement Agency" award from the Texas Police Chiefs Association "TPCA" Law Enforcement Recognition Program. Ron Parker, City of LaPorte Police Chief and representative of the TPCA presented the award to Chief Dougherty. He noted that the TPCA is a voluntary program of over 2,000 law enforcement agencies throughout the state of Texas, in which they created a best practice recognition program for the law enforcement industry. He stated that the award has a lengthy process to include over 160 standards that the agency has to go through. Additionally, he noted that the TPCA helps the police agency to prepare for the inspection process. City Council Regular Meeting Mmutes January 10, 2019 Page 2 of 23 b. Bishop Hosea Lane has requested to appear before the City Council regarding a demolition lien for 213 Murrill Street, Baytown, Texas 77520. Bishop Hosea Lane stated that he's the Pastor of Harvest Time Church located at 1715 Market Street. He stated that he and his wife piloted a church located at 213 Murrill Street, in which they occupied for a number of years and remodeled as much as they could. He stated that they secured another building and was forced to demolish the previous building at an extremely high cost. Additionally, he stated that the demolition cost hinders the work they have planned for the City of Baytown and requested a reprieve from such financial burden that began in the year 1980. Mayor Pro Tem Betancourth requested for Deputy City Manager Bottoms to address Mr. Lane's situation. 2. VOLUNTARY ANNEXATION OF APPROXIMATELY 31.3 ACRES a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 31.3 acres, save and except, approximately 3.5 acres previously annexed by Ordinance No. 627-A, located on the north side of Massey Tompkins Road and addressed as 2015 Massey Tompkins Road, legally described as part of Tract 3, C Smith Survey, Abstract 69, Harris County, Texas. Principle Planning Manager, Chris Chavis presented the agenda item and stated that this item was left out of the 2017 annexation due to the fact that the property owner at that time signed a development agreement, which allows the property to stay outside of the city limits and in agricultural status for approximately seven (7) years. Additionally, he stated that the current property owner requested for the property to be brought into the city. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 13,960, regarding agenda item 2.a. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tem Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved City Council Regular Meeting Minutes January 10, 2019 Page 3 of 23 ORDINANCE NO. 13,960 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 APPROXIMATELY 31.3 ACRES, SAVE AND EXCEPT, APPROXIMATELY 3.5 ACRES PREVIOUSLY ANNEXED BY ORDINANCE NUMBER 627-A, LOCATED ON THE NORTH SIDE OF MASSEY TOMPKINS ROAD AND ADDRESSED AS 2015 MASSEY TOMPKINS ROAD, LEGALLY DESCRIBED AS PART OF TRACT 3, C SMITH SURVEY, ABSTRACT 69, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance for the newly annexed properties generally described as approximately 31.3 acres, save and except, approximately 3.5 acres previously annexed by Ordinance No. 627-A, located on the north side of Massey Tompkins Road and addressed as 2015 Massey Tompkins Road, legally described as part of Tract 3, C Smith Survey, Abstract 69, Harris County, Texas, to be placed into Council District No. 5. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 13,973, regarding agenda item 2.b. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tern Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 31.3 ACRES, SAVE AND EXCEPT, APPROXIMATELY 3.5 ACRES PREVIOUSLY ANNEXED BY ORDINANCE NUMBER 627-A, LOCATED ON THE NORTH SIDE OF MASSEY TOMPKINS ROAD AND ADDRESSED AS 2015 MASSEY TOMPKINS ROAD, LEGALLY DESCRIBED AS PART OF TRACT 3, C SMITH SURVEY, ABSTRACT 69, HARRIS COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; City Council Regular Meeting Minutes January 10, 2019 Page 4 of 23 CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 3. PROPOSED ULDC TEXT AMENDMENTS REGARDING HOTELS a. Conduct a public hearing concerning proposed text amendments to the Unified Land Development Code to remove the current exception allowing hotels to have exterior room access in certain areas of the City. At 6:49 P.M., Mayor Pro Tem Betancourth opened and conducted a public hearing concerning proposed text amendments to the Unified Land Development Code to remove the current exception allowing hotels to have exterior room access in certain areas of the City. Senior Planner Manager, Nathan Dietrich presented a summary of the public hearing and stated that in May of 2018, staff presented to council a text amendment that adjusted hotel definitions and land use conditions allowed for hotels within the city. He further stated that at that time there was a caveat that was left out that allowed a small portion of the city to still allow for exterior entrances into Baytown. Additionally, he stated that this has since been revisited and a request for such caveat to be removed from the land use code. With there being no one registered to speak regarding agenda item 3.a., Mayor Pro Tem Betancourth closed the public hearing at 6:50 P.M. b. Consider an ordinance amending the text of the Unified Land Development Code (ULDC) to remove the current exception allowing hotels to have exterior room access in certain areas of the City. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 13,974, regarding agenda item 3.b. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tem Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," City Council Regular Meefing Minutes Jmmmy 10, 2019 Page 5 of 23 SUBSECTION A "NON-RESIDENTIAL CATEGORIES," ITEM 13 "HOTEL' OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE THE EXCEPTION WHICH ALLOWED PRIMARY EXTERIOR ACCESS TO HOTEL ROOMS IN CERTAIN AREAS OF THE CITY; 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. 4. PROPOSED SAN JACINTO OVERLAY DISTRICT a. Conduct a public hearing concerning a proposed text amendment to the Unified Land Development Code to create the San Jacinto Overlay District within the City of Baytown. At 6:51 P.M., Mayor Pro Terri Betancourth opened and conducted a public hearing concerning a proposed text amendment to the Unified Land Development Code to create the San Jacinto Overlay District within the City of Baytown. Mr. Chavis presented a summary of the agenda item and stated that this item is associated with the San Jacinto Boulevard area, in which he noted that San Jacinto Boulevard and Hunt Road intersect. Additionally, he stated that the amendment request is to incorporate a unique area for Baytown by increasing density while properly incorporating residential and commercial development in one zoning area. With there being no one registered to speak regarding agenda item 4.a., Mayor Pro Tern Betancourth closed the public hearing at 6:52 P.M. b. Conduct a public hearing concerning a request to amend the City of Baytown official zoning map to establish the San Jacinto Overlay District that covers approximately 400 acres, generally located along south of the frontage on the East Freeway, west of Garth Road, north of Archer Road, and east of John Martin Road all within Harris County, Texas. At 6:53 P.M., Mayor Pro Tern Betancourth opened and conducted a public hearing concerning a request to amend the City of Baytown official zoning map to establish the San Jacinto Overlay District that covers approximately 400 acres, generally located along south of the frontage on the East Freeway, west of Garth Road, north of Archer Road, and east of John Martin Road all within Hams County, Texas. Linda Lopez registered to speak at the public hearing regarding agenda item 4.b. Ms. Linda Lopez stated that she lives at 6747 John Martin Road which is south of Buc-ee's and west of the proposed area regarding this agenda item. She stated that the approval of this item would cause displacement of wildlife, as well as increased potential flooding that would significantly impact the properties in the area. She noted that during Hurricane Harvey they were City Council Regular Meeting Minutes January 10, 2019 Page 6 of 23 significantly impacted due to the overflow created on the opposite side of John Martin Road closer to the San Jacinto side which overflowed over their street and flooded their properties. She further noted that there's been significant flooding along Garth Road since the increase of development. Ms. Lopez stated that through a Hams County project their street was widened but instead of letting the water flow south as it naturally did the natural drainage of the water was changed and barriers were created underneath their driveways pushing the water up north towards the side where the projected area is to be. She stated that since the widening there's also been an increase of speeding drivers in which she called the Baytown Police department, as well as Harris County about such concerns but was told by both authorities that it's not within their jurisdiction to address. Additionally, Ms. Lopez inquired as to what jurisdiction this area would fall under if this item was approved. Mayor Pro Tern Betancourth closed the public hearing at 6:58 P.M. C. Consider an ordinance amending the Unified Land Development Code to create the San Jacinto Overlay District within the City of Baytown. d. Consider an ordinance amending the City of Baytown official zoning map to establish the San Jacinto Overlay District that covers approximately 400 acres, generally located along south of the frontage on the East Freeway, west of Garth Road, north of Archer Road, and east of John Martin Road all within Harris County, Texas. Mr. Chavis requested for Council to table agenda item 4.c. for a future meeting to give staff more time to converse with the other property owners in the area. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving to postpone agenda items 4.c. and 4.d. no later than March 31". The vote was as follows: Ayes: Council Member Chutes Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pm Tern Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved 5. PROPOSED LIGHT INDUSTRIAL ZONING DISTRICT FOR EXXONMOBIL CHEMICAL PLANT a. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan Future Land Use Plan (FLUP) from Industrial Buffer Zone to Business Park for an area generally located west of the ExxonMobil Chemical Plant, south of Courtyard Boulevard, east and north of Bayway Drive. City Council Regular Meeting Minutes January 10, 2019 Page 7 of 23 At 7:00 P.M., Mayor Pro Tom Betanoourth opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan Future Land Use Plan (FLUP) from Industrial Buffer Zone to Business Park for an area generally located west of the ExxonMobil Chemical Plant, south of Courtyard Boulevard, east and north of Bayway Drive. Mr. Dietrich stated that ExxonMobil requested for a zoning map amendment change, but in order for staff to review the item the zoning must match the FLUP. He stated that the proposed alternative changes the general area of the zoning map amendment from the FLUP category of Industrial Buffer Zone to Business Park and leave the remaining industrial buffer that would come close to bordering Bayway Drive on the west and south, in which the Business Park would allow for rezoning to Light Industrial zoning. With there being no one registered to speak regarding agenda item 5.a., Mayor Pro Tern Betancounh closed the public hearing at 7:02 P.M. b. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 63 acres consisting of multiple lots, addressed as 100 Courtyard Boulevard, 120 East Shreck Street, 301 East Shreck Street, 424 Arbor Street, 229 Fortner Street, 217 East Shreck Street, 229 East Shreck Street, 225 East Shreck Street, 329 Abbott Street, 411 Douglas Street, 327 Coburn Street, 323 Douglas Street, 310 Ashby Street, 405 Barnes Street, 325 Douglas Street, 329 Coburn Street, 418 Arbor Street, 428 Arbor Street, located in multiple parcels situated west of the ExxonMobil Plant and east of Bayway Drive, legally described as Wooster Terrace Extn Lot 23 Block 3, Wooster Terrace Extu Lots 12 13 and 14 Block 4, Denny Acres Lots 9 and 10 Block 2, Denny Acres Lot 12 Block 2, Denny Acres Lots 5 through 23 Block 1 and Lots 14 through 21 Block 2, Denny Acres Lot 13 Block 2, Denny Acres Lot 11 Block 2, Wooster Terrace Lots 1 through 11 Block 2 and Lots 1 through 22 Block 3 and Lots 1 through 20 and Tract A Block 6 and Tracts B and C (Abandoned Streets), Wooster Terrace Lots 1 through 8 and Tract 16 through 8B Block 9, Wooster Terrace Lots 2 through 22 Block 7, Wooster Terrace Lots 10 through 18 and Tracts JOB through 18B Block 9, Sweeny Lots 1, 2 and 43 through 66 Tract C (Abandoned Ashby Street), Bayway Acres Townhomes, all townhomes in Blocks 1 through 10 and RES A and B and Abandoned Alleys (Abandoned Courtyard Boulevard), Wooster Terrace Lots 1 through 10 Block 5 and Lots 1 through 10 Block 8 and Tract A (Abandoned Coburn Street), Wooster Terrace Lots 9 and 9B Block 9, Wooster Terrace Lot 1 Block 7, Wooster Terrace Extu Lots 19 20 21 and 22 Block 3, Wooster Terrace Extn Lot 24 Block 3, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District and a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Light Industrial (LI) Zoning District. At 7:06 P.M., Mayor Pro Tem Betancwurth opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 63 acres consisting of multiple lots previously described. Mr. Dietrich stated that ExxonMobil has been assembling properties over a number of years and requested to utilize the proposed property as a functional area for a lay down yard and/or parking, in which such uses are allowed under the light industrial zoning district. He stated that City Council Regular Meeting Minutes January 10, 2019 Page g of 23 at the time that the property is transferred over for such use there are some compatibility standards that most be followed to include a 50 foot vegetative buffer with a 50 foot open space and a 200 foot building line requirement. Additionally, he stated that ExxonMobil is aware of such requirements and has presented to the City their proposed rendition of an adequate vegetative buffer along with an added earthem berm to be placed starting at the northern portion of the property to visually obstruct what is to be put on the property. Connie Tilton, Randy McCartney, Toya Parker, Mike Shields, and Billy Ken all registered to speak at the public hearing regarding agenda item 5.b. Connie Tilton a representative of ExxonMobil allotted her time to Toys, Parker. Mr. Randy McCartney stated that his lot is #36 on the east side of Ashby Street between the road and the fence where the pipeline goes through and further inquired if the bens would be on that side. Additionally, Mr. McCartney inquired if his home would be included in this request being that it's not listed in the description. Mr. Dietrich clarified that Mr. McCartney's property would not be included in the request. Ms. Toya Parker, a representative of ExxonMobil stated that the rezoning request was made because ExxonMobil was considering a potential $2 billion expansion at the Baytown complex. She stated that they started the environmental work permit in November 2017, in which they are currently waiting for the status of such. She stated that if the environmental permit and the endorsement and appropriation from ExxonMobil are approved construction is anticipated to begin in the spring of 2019 with the mechanical completion of the two (2) new units in the year 2021. She noted that one of the units will be the first of its kind in the circuit in the country and the other one is the second of its kind in the circuit. Ms. Parker stated that the two units would be constructed within a confined existing plan. She stated that to help mitigate the impact of potential traffic they included a parking area close to where the units would be located. She noted that there were recommendations to utilize traffic guides, as well as provide more entrance points to the facility. She stated that one of the entrance points would be at the Courtyards on Bayway Drive which require that they relocate the existing wildlife habitat to the property north of Baker Road. She stated that the other entrance point would be located at either Ashby Street or Wooster Street. Additionally, she noted that in order to minimize the impact to the neighbors in the area ExxonMobil is exceeding most of the requirements mandated by the City. Council Member Himsel inquired for clarity if ExxonMobil would include the berm. In response to Council Member Himsel's inquiry, Ms. Parker stated that upon approval a ten foot berm, vegetation, trees, landscaping, and drainage is part of the design. Council Member Presley inquired what would ExxonMobil have to do if they chose not to do the berm. Mr. Dietrich stated that ExxonMobil would have to adhere to the compatibility standards which are the 50 foot vegetative buffer along with the 50 foot open space and the building line setback of 200 feet. Additionally, Mr. Dietrich noted that the berm is in addition to and ExxonMobil cannot be forced to do it as part of the ordinance, but ExxonMobil proposed to do it to help mitigate the impact to their neighbors. City Council Regular Meeting Minutes January 10, 2019 Page 9 of 23 Council Member Himsel inquired as to what would be done with the laydown yard and the parking areas once the project is complete. Ms. Parker stated that there were no plans to build any process units in those particular areas. Council Member Himsel stated that the area would be zoned as light industrial and further inquired what could be built in those areas that do not require council's approval or disapproval. Mr. Dietrich noted that the uses in those areas may not include heavy petrochemical but may include uses such as heavy truck traffic, parking, stacking of containers, and light manufacturing. Council Member Himsel inquired of the details of East Shrek Street which was highlighted on one of the maps provided. Mr. Dietrich stated that the portion of the East Shrek Street Council Member Himsel referenced was actually vacant lots owned by ExxonMobil, in which the street will be requested to be abandoned at a later date. Additionally, he noted that in areas where residential is present the compatibility standards would be enforced. Council Member Himsel further inquired if the residents in this area were aware of what's going on regarding this project. Mr. Dietrich stated that all of the required notifications were done to allow for public participation regarding this request. Council Member Presley inquired of the type of materials that would be used for the parking lot. Ms. Parker stated that she was not certain of the details of the parking lot materials. Mr. Mike Shields, Executive Director of the Economic Development Foundation (EDF), urged Council to approve the amendment as proposed. He stated that the EDF is tasked with economic development, the creation of jobs, and new tax revenues and noted that in order for ExxonMobil to move forward with such $2 billion investment there's a need for workers to park their vehicles, as well as a need for an area to lay down equipment that needs to be assembled. Additionally, he stated that this project is vital to the future growth of the City of Baytown. Mr. Billy Kea, a resident of the Lakewood Subdivision, stated that his concern was that the Light Industrial (LI) category was too broad for this project and further recommended that ExxonMobil provide clarity of the urgent need of such zoning. Council Member Johnson requested for Mr. Dietrich to explain the difference between General Commercial (GC) and (LI) parking. Mr. Dietrich stated that GC does not allow for parking to occur as a primary use, but rather an accessory use; whereas, (LI) does allow for parking as a primary use. Mr. Dietrich further stated that in speaking with ExxonMobil it was determined that (LI) would be the best zoning to meet their current and future needs. During further discussion, Mr. Dietrich stated with regards to the initial request of the FLUP change, that staff only included the areas that ExxonMobil requested to change to (LI); therefore, if any future request is made for expansion it would not meet the FLUP. Mayor Pro Tern Betancourth closed the public hearing at 7:56 P.M City Council Regular Meeting Minutes January 10, 2019 Page 10 of 23 C. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) from Industrial Buffer Zone to Business Park for an area generally located west of the ExxonMobil Chemical Plant, south of Courtyard Boulevard, east and north of Bayway Drive. Council Member Hoskins inquired as to how long the temporary parking conditions and other items for the project would be. In response to Council Member Hoskins inquiry, Ms. Parker stated that their request was for the temporary conditions were from 2019-2021 and noted that Exxonklobil has no future plans to use the areas nor are there plans to revert it back to its previous condition. Council Member Hoskins recommended providing ExxonMobil with a temporary variance to complete their project and once complete that they revert the area back to its condition prior to the project. Mr. Dietrich stated that there's no ordinance to allow for a temporary variance. Council Member Alvarado requested for a representative of ExxonMobil to provide more information of their efforts to communicate with its neighbors regarding the project. Ms. Parker stated that Council Member Johnson invited them to attend a town hall meeting for the Lakewood Association, in which they attended and explained the potential project, as well as made time to answer any questions. Ms. Parker stated that they also spoke with the administration at the St. James Place about the wildlife habitat, the potential future plans, and the laydown and the parking of the potential project. With regards to some of the residents' concerns about the project, she stated that they put the residents at ease by providing them with the information to understand the type of chemicals to support the project, but noted that the majority of the concerns were about traffic. Council Member Alvarado inquired of Ms. Tilton the results from some of the concerns discussed during their meeting. Ms. Tilton stated that they reached out to some of the residents on Shrek Street, which is the street that would have the most impacted neighbors from the project Additionally, she stated that they've attempted to address every concern and noted that they would continue to communicate with the residents throughout the entire project process. Council Member Johnson noted that positive comments derived from the meeting held in Lakewood and further inquired of ExxonMobil if they could return the property back to its original condition prior to the project status. Mayor Pro Tern Betanccurth noted that she's had experience with grass land being turned into a parking lot and that to reverse it back could have associated vests depending on the level of infrastructure. Council Member Hoskins inquired as to why the parking and laydown space from a project recently completed by ExxonMobil couldn't be used as opposed to building new ones for this project. Ms. Tilton noted that all options of using existing parking were explored when considering this project. Ms. Parker further stated that to lessen the traffic impact on the residents and the workers the most productive location for the laydown space and parking is closer to the construction area which is in close proximity to where the permanent construction will take place. Ms. Parker noted that the open spaces in which Council Member Hoskins referenced City Council Regular Meeting Minutes January 10, 2019 Page 11 of 23 is being used for other projects. Additionally, she noted that there are other areas being used for laydown space as well and that this particular laydown and parking space is additional space needed to fulfill their occupancy for laydown use for this project. Council Member Johnson stated that there was a concern that ExxonMobil met with City staff and requested additional property that was different from what was showed at the town hall meeting, but he noted for clarity that after further review ExxonMobil did not request for more property. Additionally, he inquired of the traffic flow route that would be taken to get to the laydown yards. Ms. Parker stated that the early conceptual analysis include a route from Bayway Drive through Courtyards keeping all of the traffic off of Shrek Street. She further stated that the route from the south would include the consideration of Wooster and Ashby Streets to the parking area. Council Member Presley inquired for clarity that if after construction is complete regarding this project and the City was to initiate a rezoning to return the property back to open space recreation would ExxonMobil oppose to such rezoning request. In response to Council Member Presley's inquiry, Ms. Parker stated that ExxonMobil would not oppose to such rezoning. Council Member Hoskins inquired if there could be a term date set to include that the rezoning request be returned back to the previous zoning district once the project is complete. In response to Council Member Hoskins inquiry, Mr. Ramirez stated that a tens date could not be set for such, but further noted that one of the requirements could be a change of the condition such as the property no longer being used for light industrial with no opposition from ExxonMobil. A motion was made by Council Member David Himsel and seconded by Council Member Laura Alvarado approving Ordinance No. 13,975, regarding agenda item 5.c. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tem Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN FOR PROPERTIES LOCATED WEST OF THE EXXONMOBIL CHEMICAL PLANT, SOUTH OF COURTYARD BOULEVARD, EAST AND NORTH OF BAYWAY DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 10, 2019 Page 12 of 23 it. Consider an ordinance amending the City of Baytown official zoning map to rezone approximately 63 acres consisting of multiple lots, addressed as 100 Courtyard Boulevard, 120 East Shreck Street, 301 East Shreck Street, 424 Arbor Street, 229 Former Street, 217 East Shreck Street, 229 East Shreck Street, 225 East Shreck Street, 329 Abbott Street, 411 Douglas Street, 327 Coburn Street, 323 Douglas Street, 310 Ashby Street, 405 Barnes Street, 325 Douglas Street, 329 Coburn Street, 418 Arbor Street, 428 Arbor Street, located in multiple parcels situated west of the ExxonMobil Plant and east of Bayway Drive, legally described as Wooster Terrace Extn Lot 23 Block 3, Wooster Terrace Extn Lots 12 13 and 14 Block 4, Denny Acres Lots 9 and 10 Block 2, Denny Acres Lot 12 Block 2, Denny Acres Lots 5 through 23 Block 1 and Lots 14 through 21 Block 2, Denny Acres Lot 13 Block 2, Denny Acres Lot 11 Block 2, Wooster Terrace Lots 1 through 11 Block 2 and Lots 1 through 22 Block 3 and Lots 1 through 20 and Tract A Block 6 and Tracts B and C (Abandoned Streets), Wooster Terrace Lots 1 through 8 and Tract 1B through 8B Block 9, Wooster Terrace Lots 2 through 22 Block 7, Wooster Terrace Lots 10 through 18 and Tracts lOB through 18B Block 9, Sweeny Lots 1, 2 and 43 through 66 Tract C (Abandoned Ashby Street), Bayway Acres Townhomes, all townhomes in Blocks 1 through 10 and RES A and B and Abandoned Alleys (Abandoned Courtyard Boulevard), Wooster Terrace Lots 1 through 10 Block 5 and Lots 1 through 10 Block 8 and Tract A (Abandoned Coburn Street), Wooster Terrace Lots 9 and 9B Block 9, Wooster Terrace Lot 1 Block 7, Wooster Terrace Extn Lots 19 20 21 and 22 Block 3, Wooster Terrace Exm Lot 24 Block 3, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District and a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Light Industrial (LI) Zoning District. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 13,976, regarding agenda item 5.d. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tian Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,976 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 63 ACRES CONSISTING OF MULTIPLE LOTS, ADDRESSED AS 100 COURTYARD BOULEVARD, 120 EAST SHRECK STREET, 301 EAST SHRECK STREET, 424 ARBOR STREET, 229 FORTNER STREET, 217 EAST SHRECK STREET, 229 EAST SHRECK STREET, 225 EAST SHRECK STREET, 329 ABBOTT STREET, 411 City Council Regular Meeting Minutes January 10, 2019 Page 13 of 23 DOUGLAS STREET, 327 COBURN STREET, 323 DOUGLAS STREET, 310 ASHBY STREET, 405 BARNES STREET, 325 DOUGLAS STREET, 329 COBURN STREET, 418 ARBOR STREET, 428 ARBOR STREET, LOCATED IN MULTIPLE PARCELS SITUATED WEST OF THE EXXONMOBIL PLANT AND EAST OF BAYWAY DRIVE, LEGALLY DESCRIBED AS WOOSTER TERRACE EXTN LOT 23 BLOCK 3, WOOSTER TERRACE EXTN LOTS 12 13 AND 14 BLOCK 4, DENNY ACRES LOTS 9 AND 10 BLOCK 2, DENNY ACRES LOT 12 BLOCK 2, DENNY ACRES LOTS 5 THROUGH 23 BLOCK 1 AND LOTS 14 THROUGH 21 BLOCK 2, DENNY ACRES LOT 13 BLOCK 2, DENNY ACRES LOT 11 BLOCK 2, WOOSTER TERRACE LOTS 1 THROUGH l l BLOCK 2 AND LOTS 1 THROUGH 22 BLOCK 3 AND LOTS 1 THROUGH 20 AND TRACT A BLOCK 6 AND TRACTS B AND C (ABANDONED STREETS), WOOSTER TERRACE LOTS 1 THROUGH 8 AND TRACT 113 THROUGH 8B BLOCK 9, WOOSTER TERRACE LOTS 2 THROUGH 22 BLOCK 7, WOOSTER TERRACE LOTS 10 THROUGH 18 AND TRACTS 1013 THROUGH 18B BLOCK 9, SWEENY LOTS 1, 2 AND 43 THROUGH 66 TRACT C (ABANDONED ASHBY STREET), BAYWAY ACRES TOWNHOMES, ALL TOWNHOMES IN BLOCKS 1 THROUGH 10 AND RES A AND B AND ABANDONED ALLEYS (ABANDONED COURTYARD BOULEVARD), WOOSTER TERRACE LOTS I THROUGH 10 BLOCK 5 AND LOTS 1 THROUGH 10 BLOCK 8 AND TRACT A (ABANDONED COBURN STREET), WOOSTER TERRACE LOTS 9 AND 913 BLOCK 9, WOOSTER TERRACE LOT 1 BLOCK 7, WOOSTER TERRACE EXTN LOTS 19 20 21 AND 22 BLOCK 3, WOOSTER TERRACE EXTN LOT 24 BLOCK 3, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT AND A MIXED RESIDENTIAL AT LOW -TO -MEDIUM DENSITIES (SF2) ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO1100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED REZONING OF 0.17 ACRES OF LAND AT 312 SOUTH GAILLARD STREET a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 0.17 acres at 312 South Gaillard Street located on the northeast comer of South Gaillard Street and West Republic Avenue, legally described as LTS 10, 11 & 12 BLK 42, Goose Creek, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. At 7:59 P.M., Mayor Pro Terri Betancourth opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 0.17 acres at 312 South Gaillard Street located on the northeast comer of South Gaillard Street and West Republic City Council Regular Meeting Minutes January 10, 2019 Page 14 of 23 Avenue, legally described as LTS 10, 11 & 12 BLK 42, Goose Creek, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. Mr. Dietrich presented a summary of the public hearing and stated that the applicant requested to change the property to a NSC district in order to accommodate commercial retail use to include a small community commercial washateria that'll provide a beneficial service to the surrounding neighborhood and community. He noted that the owner is in the process of remodeling existing multi -family structures that's on the adjacent property that he purchased. He stated that the proposed property currently has a partial residential structure to be re -purposed for commercial use, but further noted that staff has not seen any type of building plans. Additionally, Mr. Dietrich stated that the Planning and Zoning Commission recommended approval of the request and the staff agree that it meets the idea of NSC. With there being no one registered to speak regarding agenda item 6.a., Mayor Pro Tem Betancourth closed the public hearing at 8:02 P.M. b. Consider an ordinance amending the City of Baytown official zoning map to rezone approximately 0.17 acres at 312 South Gaillard Street located on the northeast corner of South Gaillard Street and West Republic Avenue, legally described as LTS 10, 11 & 12 BLK 42, Goose Creek, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District. Mr. Dietrich noted that the amendment regarding agenda item 6.b. meets the Future Land Use Plan (FLUP), as well as the ordinance requirements. Council Member Presley noted that there were no limitations inclusive to the hours of operations and further inquired if there was a remedy for any type of disturbance event that may occur. Police Chief, Keith Dougherty stated that there would be a remedy for such event. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 13,977, regarding agenda item 6.b. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tem Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved City Council Regular Meeting Minutes January 10, 2019 Page 15 of 23 ORDINANCE NO. 13,977 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 0.17 ACRES AT 312 SOUTH GAILLARD STREET LOCATED ON THE NORTHEAST CORNER OF SOUTH GAILLARD STREET AND WEST REPUBLIC AVENUE, LEGALLY DESCRIBED AS LOTS 10, 11 & 12 BLOCK 42, GOOSE CREEK, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW -TO -MEDIUM DENSITIES (SF2) ZONING DISTRICT TO A NEIGHBORHOOD SERVING COMMERCIAL (NSC) 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. 7. STRATEGIC PARTNERSHIP AGREEMENT REGARDING HARRIS COUNTY MUD NO.213-A a. Conduct the first public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Harris County Municipal Utility District No. 213-A for approximately 514 acres of land in the City's extraterritorial jurisdiction, generally located north of Wallisville Road, south of Barbers Hill Road, and west of Garth Road in Harris County, Texas. At 8:05 P.M., Mayor Pro Tem Betancourth opened and conducted the first public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Hams County Municipal Utility District No. 213-A for approximately 514 acres of land in the City's extraterritorial jurisdiction, generally located north of Wallisville Road, south of Barbers Hill Road, and west of Garth Road in Harris County, Texas. Mr. Ramirez presented a summary of the first public hearing regarding agenda item Ta. and stated that the Strategic Partnership Agreement ("SPA") between the City of Baytown and Harris County Municipal Utility District No. 213-A ("HCMUD#213-A") provides for the limited purpose annexation of the area within HCMUD#213-A's boundaries, which contain approximately 514 acres of land generally located north of Wallisville Road, south of Barbers Hill Road, and west of Garth Road in Harris County, Texas. He stated that this property was the subject of a development agreement with Lermar Homes of Texas Land and Construction more commonly referred to as Springwood Development approved by Council in January 2018. He stated that the MUD was created and this is the next step in the process. Mr. Ramirez stated that the City and MUD agreed that this development agreement would be included as an exhibit to be executed by the MUD before the end of 2018, after the district was created, which has also been done. He stated that under this agreement the City will collect sales taxes, provide utility services under a separate utility agreement, apply the following Chapter 42 "Health and Sanitation" and Chapter 118 "Signs", will not annex for full purposes during the 30 year term of the agreement City Council Regular Meeting Minutes January 10, 2019 Page 16 of 23 without the approval of the District, will not collect ad valorem taxes, and will not provide city services unless specifically agreed upon by both parties. He stated that under the development agreement itself includes subjects that address Chapter 4 "Adult Commercial Establishments", Chapter 82 " Secondhand Goods, Junk and Automotive Wrecking Yards and Salvage", Chapter 114 "Sewer and Waterline Extensions and Impact Fees", and the ULDC. He further stated that the MUD agrees to maintain a tax rate greater than the City's tax rate, so that if the City should annex at the appropriate time the residents coming in would absorb a lower tax rate. With there being no one registered to speak regarding agenda item Ta., Mayor Pro Tern Betancourth closed the first public hearing at 8:08 P.M. 8. PROPOSED ORDINANCES Mayor Pro Tern Betancourth noted that agenda items 8.a. and 8.b. would be considered together. She further noted that the neither of the two items passed for a vote during the previous Municipal Development Agreement (MDD) meeting. a. Consider an ordinance authorizing the Ground Lease and License Agreement with the Baytown Municipal Development District for the Baytown Convention Center Hotel. b. Consider an ordinance authorizing the City Facilities Lease Agreement with the Baytown Municipal Development District. A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving to suspend agenda items 8.a. and 8.b. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tem Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved C. Consider an ordinance authorizing the First Amendment to the Services Agreement with General Industrial Polymers, LLC, concerning the commercial development located at 4735 Decker Drive, Harris County, Texas. Mr. Dietrich presented the agenda item and stated that Ordinance No. 13,978, authorizes the First Amendment to the Services Agreement with General Industrial Polymers, LLC, concerning the commercial development located at 4735 Decker Drive, Hams County, Texas (the "Company"). He stated the City, the Company, the Baytown Area Water Authority ('BAWA"), and Hams County Freshwater Supply District No. 27 (the "District") entered into a Services agreement on October 27, 2015, wherein the Company committed to (i) building the Project in accordance with the building, plumbing, mechanical and electrical codes adopted by the City and City Council Regular Meeting Mantes January 10, 2019 Page 17 of 23 as amended in Chapter 18 of the Code of Ordinances, Baytown, Texas; (ii) complying with the zoning regulations of the City, as if the property were zoned LI; and (iii) submitting plans and paying fees related to plan review and inspection services. He stated that the Company requested that the Agreement be amended in order to vary some of the terms that they were in violation of. Mr. Dietrich explained that as construction occurred on this particular property the company was made aware that they were in violation of the setbacks. He stated that staff worked with the company regarding the violation and noted that this amendment would allow them to come into compliance. Additionally, he noted that the company provided staff with additional assurances to vegetation and masonry contents on the building itself as a form of compromise. A motion was made by Council Member Chris Presley and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,978, regarding agenda item 8.c. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tent Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved ORDINANCE NO. 13,978 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 SERVICES AGREEMENT WITH GENERAL INDUSTRIAL POLYMERS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the publication of the Notice of Intent (NOI) to issue Combination Tax and Revenue Certificates of Obligation, Series 2019; approving the preparation of one or more preliminary official statements and notices of sale; and authorizing advanced funding. Finance Director, Wade Nickerson presented the agenda item and stated that Resolution No. 2556, authorizes the publication of the Notice of Intent (NOI) to issue Combination Tax and Revenue Certificates of Obligation, Series 2019, in an amount not to exceed $19 million, with a payment from the Water and Sewer Fund to cover the water and sewer project as discussed during the budget process. City Council Regular Meeting Minutes January 10, 2019 Page lg of 23 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Resolution No. 2556, regarding agenda item 9.a. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tern Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved RESOLUTION NO.2556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND A NOTICE OF SALE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. CONSENT Council Member Hoskins requested that consent agenda item 10.d. be pulled. A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving consent agenda items 10.a through 10.c. and 10.e. through 10.n. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tem Heather Betancourth, Council Member Chris Presley Nays: None Other: Mayor Brandon Capetillo (Absent) Approved a. Consider an ordinance authorizing the closeout, acceptance, and final payment for the 2016 Annual Sanitary Sewer Rehabilitation Project Year 3 to Texas Pride Utilities, LLC. City Council Regular Meeting Minutes January 10, 2019 Page 19 of 23 ORDINANCE NO. 13,979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2016 ANNUAL SANITARY SEWER REHABILITATION PROJECT YEAR 3; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) TO TEXAS PRIDE UTILITIES, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout of the Baytown Fire Training Center Slab Repair Project with Structural Concrete Systems, LLC. ORDINANCE NO. 13,980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAYTOWN FIRE TRAINING CENTER SLAB REPAIR PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWELVE THOUSAND NINE HUNDRED SIXTY-FIVE AND 27/100 DOLLARS ($12,965.27) TO STRUCTURAL CONCRETE SYSTEMS, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing closeout and acceptance of the Evergreen Clubhouse Renovation Project, and the release of retainage to Mike Bricker & Associates, Inc. ORDINANCE NO. 13,981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE EVERGREEN CLUBHOUSE RENOVATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY- FOUR THOUSAND THREE HUNDRED THREE AND 71/100 DOLLARS ($64,303.71) TO MIKE BRICKER & ASSOCIATES, INC., FOR SAID PROJECT: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Right of Way Grant to ExxonMobB Pipeline Company for a pipeline easement involving 0.07710 acres of land. ORDINANCE NO. 13,982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF WAY GRANT TO EXXONMOBIL PIPELINE COMPANY FOR A PIPELINE EASEMENT INVOLVING 0.07710 ACRES OF LAND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 10, 2019 Page 20 of 23 f. Consider an ordinance authorizing the renewal of the Superion software licenses and maintenance agreement. ORDINANCE NO. 13,983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY-NINE THOUSAND SIX HUNDRED FIFTY-TWO AND 57/100 DOLLARS ($99,652.57) TO SUPERION, F/K/A SUNGARD PUBLIC SECTOR INC., FOR THE RENEWAL OF THE SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of implementation and support services from NewEdge Services, LLC, for the support of the City's electronic asset management software (Cityworks). ORDINANCE NO. 13,984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY THOUSAND AND N0/100 DOLLARS ($60,000.00) TO NEWEDGE SERVICES, LLC, FOR THE PURCHASE OF IMPLEMENTATION AND SUPPORT SERVICES FOR THE CITY'S ELECTRONIC ASSET MANAGEMENT SOFTWARE THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF RICHARDSON; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance approving the purchase and installation of video surveillance system at Pirates Bay from Lighthouse Video Surveillance through the Houston -Galveston Area Council (H-GAC). ORDINANCE NO. 13,985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVEN THOUSAND AND NO/100 DOLLARS ($107,000.00) TO LIGHTHOUSE VIDEO SURVEILLANCE, LLC, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE AND INSTALLATION OF A VIDEO SURVEILLANCE SYSTEM AT PIRATES BAY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 10, 2019 Page 21 of 23 I. Consider an ordinance renewing the Annual Contract for Food and Supplies for the Pirates Bay Water Park with Ben E. Keith Company. ORDINANCE NO. 13,986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONTRACT FOR FOOD AND SUPPLIES FOR THE PIRATES BAY WATERPARK WITH BEN E. KEITH COMPANY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($240,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the sole source purchase of one (1) SP 575 Dual Spray/Squeegee Machine from TACOT Inc., d/b/a SealMaster Houston for the Public Works Department. ORDINANCE NO. 13,987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY-SEVEN THOUSAND EIGHT HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS ($57,888.00) TO TACOT, INC., DB/A SEALMASTER HOUSTON, FOR THE SOLE -SOURCE PURCHASE OF AN SP 575 DUAL SPRAY/SQUEEGEE MACHINE FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of one (1) 2019 Kenworth T370 14- cubic yard dump truck from Performance Truck for the Public Works Department. ORDINANCE NO. 13,988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CLEVELAND MACK SALES, INC. D/B/A PERFORMANCE TRUCK, FOR THE PURCHASE OF A 2019 KENWORTH T370 14-CUBIC YARD DUMP TRUCK AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHT THOUSAND ONE HUNDRED EIGHT AND 26/100 DOLLARS ($108,108.26); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 10, 2019 Page 22 of 23 1. Consider an ordinance authorizing an interlocal agreement for cooperative purchasing with the City of Grand Prairie. ORDINANCE NO. 13,989 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 A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF GRAND PRAIRIE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for furniture, fixtures and equipment for the Evergreen Park Clubhouse. ORDINANCE NO. 13,990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO FUND THE FURNITURE, FIXTURES AND EQUIPMENT FOR THE EVERGREEN PARK CLUBHOUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution authorizing a request to the sheriff or constable to sell at a public sale the property located at 804 Ruth Street, Baytown, Harris County, Texas, being legally described as Tract 13A, Abstract 65, W. Scott Survey, Harris County, Texas. RESOLUTION NO.2557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 804 RUTH STREET, BAYTOWN, HARRIS COUNTY, TEXAS, BEING LEGALLY DESCRIBED AS TRACT 13A, ABSTRACT 65, W. SCOTT SURVEY, HARRIS COUNTY, TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10.d. Consider an ordinance granting a pipeline permit to HSC Pipeline Partnership, LLC. for one 16-inch ethylene pipeline. A motion was made by Council Member David Himsel and seconded by Council Member Laura Alvarado approving consent agenda item I O.d. The vote was as follows: Ayes: Council Member Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Mayor Pro Tem Heather Betancourth, Council Member Chris Presley City Council Regular Meeting Minutes January 10, 2019 Page 23 of 23 Nays: None Other: Mayor Brandon Capetillo (Absent), Council Member Robert C. Hoskins (Abstain) Approved ORDINANCE NO. 13,991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO HSC PIPELINE PARTNERSHIP, LLC, TO INSTALL A NEW 16-INCH ETHYLENE PIPELINE IN AN EXISTING PIPELINE CORRIDOR; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. MANAGER'S REPORT a. The 4th Annual Snow Day will be held at Town Square on Saturday, January 12, 2019, from 10:00 A.M. to 6:00 P.M. or when the snow melts (in case of a warm day). Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the 4th Annual Snow Day would be held at Town Square on Saturday, January 12, 2019, from 12:00 P.M. to 6:00 P.M. b. The 2019 Baytown Youth Sports Expo will be held at the Baytown Community Center on January 19 and 20, 2019. Mr. Scott Johnson stated that the 2019 Baytown Youth Sports Expo would be held at the Baytown Community Center on Saturday, January 19, 2019, from 10:00 A.M. to 5:00 P.M., and Sunday, January 20, 2019, from 1:00 P.M. to 5:00 P.M. 12. ADJOURN With there being no further business to discuss, Mayor Pro Tern Betancourth adjourned the January 10, 2019, City Council Regular Meeting at 8:17 P.M. Letitia Brysch, City Clerk a" City of Baytown'�"st fe W