2019 06 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
June 13, 2019
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June
13, 2019, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Laura Alvarado
Council Member
Chris Presley
Council Member
Charles Johnson
Council Member
Heather Betancourth
Council Member
Robert Hoskins
Council Member
David Himsel
Council Member
Brandon Capetillo Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor Capetillo convened the Jane 13, 2019, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on March 14, 2019.
A motion was made by Mayor Pro Tom Heather Betancourth, and seconded by Council Member
Robert C. Hoskins approving the March 14, 2019, City Council Work Session and Regular
Meeting minutes. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tern Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
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June 13, 2019
Page 2 of 21
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize the 2019 Baytown Little League Champions.
Mayor Capetillo presented the agenda item and recognized the 2019 Baytown Little League City
Champions.
b. Recognize Mr. Mark LeBlanc for his selection as the Texas Public Works
Association's Professional Water Resources Manager of the Year.
Director of Public Works, Frank Simoneaux presented the agenda item and recognized Mr. Mark
LeBlanc, Assistant Director of Public Works as the Texas Public Works Association's
Professional Water Resources Manager of the Year.
C. Mr. R.D. Burnside requested to appear before the City Council regarding his
request for the reimbursement of permit fees associated to Cedar Bayou Grace United
Methodist Church, located at 2714 Ferry Road, Baytown.
Mr. Burnside represented the Cedar Bayou Grace United Methodist Church and noted that he's
been a member of the church for 40 years. He stated that the church has been in existence for 175
years and due to the many floods the church has endured, a decision was made to build a new
facility across the street to higher ground. He stated that they borrowed money to build the new
facility and requested that the church be refunded the full amount paid for a permit. Additionally,
it was noted that the requested amount was $30,000 of the $60,000 impact fees.
3. PROPOSED REZONING OF 1.02 ACRES OF LAND, 2010 WEST CEDAR
BAYOULYNCHBURG
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 1.02 acres, located at 2010 West Cedar Bayou Lynchburg, legally
described as Lot 44 Block 3 Northside Highland Farms, Harris County, Texas, from an
Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning
District.
At 6:47 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to
amend the official zoning map to rezone approximately 1.02 acres, located at 2010 West Cedar
Bayou Lynchburg, legally described as Lot 44 Block 3 Northside Highland Farms, Harris
County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial
(GC) Zoning District.
Director of Planning and Community Development, Tiffany Foster presented a summary of the
public hearing and noted that there was, a variety of zoning request in this area along Cedar
Bayou Lynchburg. She stated that the area was annexed in November 2017 and within the next
couple of months from the current date there would be a staff initiated rezone of the entire area.
She stated that staff worked with the Planning and Zoning Commission "P&Z" to do a future
land use plan analysis to analyze the existing uses, along with the existing interest, and
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Jane 13, 2019
Page 3 of 21
the impact it would have with the new road opening up. She stated that before bringing a
recommendation before Council, there was a change to the Future Land Use Plan (FLOP) to
have a commercial corridor along Cedar Bayou Lynchburg and a lower density residential
behind it. She further stated the applicant proposed to rezone a parcel, which has an existing
retail use, to align the use with the appropriate zoning district and to comply with the FLUP.
Miguel Magallon registered to speak at the public hearing regarding agenda item In.
Mr. Miguel Magallon stated that he lived at 2010 W. Cedar Bayou Lynchburg and was available
to answer any questions from Council.
Council Member Hoskins stated that once a property is annexed into the City it is zoned as Open
Space Recreational and inquired if an applicant would have to pay a fee to have the property
zone changed. Mrs. Foster stated that an applicant would have to pay an application fee. Council
Member Hoskins further inquired if there could be an appropriate zone determination for the
property once it's annexed so that the property owners would not have to go through the extra
work. Mrs. Foster stated that Council Member Hoskins recommended inquiry could be done, but
noted that it was not considered by the Council to have such fees waived.
Mayor Capetillo recommended for Council to consider an abatement of such fees. Additionally,
he requested for this discussion to be added to a future agenda and that staff provide a
comprehensive plan for the newly annexed areas.
At 6:50 P.M., Mayor Capetillo closed the public hearing regarding agenda item In.
b. Consider an ordinance amending the official zoning map to rezone approximately
1.02 acres, located at 2010 West Cedar Bayou Lynchburg, legally described as Lot 44 Block
3 Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR)
Zoning District to a General Commercial (GC) Zoning District.
Mrs. Foster noted that zoning amendments were $300.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Chris Presley approving Ordinance No. 14,089, regarding agenda item 3.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tent Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
Jane 13, 2019
Page 4 of 21
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Charles Johnson approving to amend Ordinance No. 14,089, which refunds fees associated with
agenda item 3.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tern Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,089
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 1.02 ACRES, LOCATED AT
2010 WEST CEDAR BAYOU LYNCHBURG, LEGALLY DESCRIBED AS
LOT 44, BLOCK 3, NORTHSIDE HIGHLAND FARMS, HARRIS COUNTY,
TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT
TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING
A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS
($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
4. PROPOSED REZONING OF 1.02 ACRES OF LAND. 2306 CONNALLY ROAD
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 1.02 acres, located at 2306 Connally Road, legally described as Lot
46, Block 1, Northside Highland Farms, Harris County, Texas, from an Open
Space/Recreation (OR) Zoning District to a Low Density Single -Family Residential
Dwellings (" SFl") Zoning District.
At 6:52 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to
amend the official zoning map to rezone approximately 1.02 acres, located at 2306 Connally
Road, legally described as Lot 46, Block 1, Northside Highland Farms, Harris County, Texas,
from an Open Space/Recreation (OR) Zoning District to a Low Density Single -Family
Residential Dwellings ("SFI ") Zoning District.
Mrs. Foster presented a summary of the public hearing and stated that this property is in the same
area previously discussed in agenda item 3.a. She stated that the property owner seek to build a
new home on the property with SFl zoning district, which is consistent with the land
evaluation previously done. Additionally, she noted that the permit fee would also be waived.
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June 13, 2019
Page 5 of 21
Mayor Capetillo inquired if all of the larger lots would be considered as SF I, to avoid selective
zoning from SFI or SF2. Mrs. Foster stated that staff would have to make an evaluation based on
the lots and there would possibly be text changes to the existing zoning districts to accommodate
some of the areas where lot uses were not clearly defined in the City's regulations.
With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed
the public hearing.
b. Consider an ordinance amending the official zoning map to rezone approximately
1.02 acres, located at 2306 Connally Road, legally described as Lot 46, Block 1, Northside
Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning
District to a Low Density Single -Family Residential Dwellings ("SF1") Zoning District.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 14,090, regarding agenda item 4.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tem Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Charles Johnson approving to amend Ordinance No. 14,090, which refunded all fees associated
with agenda item 4.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tern Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,090
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 1.02 ACRES, LOCATED AT
2306 CONNALLY ROAD, LEGALLY DESCRIBED AS LOT 46, BLOCK 1,
NORTHSIDE HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN
City Council Regular Meeting Minutes
June 13, 2019
Page 6 of 21
OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A LOW
DENSITY SINGLE-FAMILY RESIDENTIAL DWELLINGS (SFI) 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.
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 15 acres, located near the northwest corner of the intersection of
Interstate Highway 10 (IH 10) frontage road and John Martin Road, legally described as a
part of and out of Tract 1, Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas,
from a General Commercial (GC) Zoning District and a Mixed Residential at Low to
Medium Densities (SF2) Zoning District to a Mid -Rise Mixed Residential (MF2) Zoning
District.
At 6:57 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request
to amend the official zoning map to rezone approximately 15 acres, located near the northwest
comer of the intersection of Interstate Highway 10 (IH 10) frontage road and John Martin Road,
legally described as a part of and out of Tract 1, Block 46, Elena Fruit & Cotton Farts C, Harris
County, Texas, from a General Commercial (GC) Zoning District and a Mixed Residential at
Low to Medium Densities (SF2) Zoning District to a Mid -Rise Mixed Residential (MF2) Zoning
District.
Sr. Planner Manager, Nathan Dietrich presented a summary of the public hearing and stated that
this parcel of land was involuntarily annexed in November 2017. He stated that the area also
considered for a zoning map amendment in November 2018, whereas the zoning was actually
changed from OR to GC and SF2. He stated that the owner requested to change 15 acres to MF2
leaving the north portion of the property to remain as SF2 and the portion on the other side of the
15 acres to remain as GC.
Additionally, Mr. Dietrich stated that agenda items 5.b., 5.c., and 5.d. were related to agenda
item 5.a. He noted that the in order for the zoning district to be changed to MF2, the FLUP
would have to be changed as well, therefore the subsequent agenda items requests such changes.
Andrew Allemand, Neal Wade, Jason Schlanger, Jeff Bootle, and Andrew Chambers all
registered to speak at the public hearing regarding agenda item 5.a.
Jeff Bootle yield his time to Andrew Allemand.
Mr. Andrew Allemand noted that he worked for Windrose Land Services, Inc., and that the
intent for the MF2 zone was to locate it close to large commercial corridors and where it
complimented the occurring development. He stated that multi -family was a viable land use for
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June 13, 2019
Page 7 of 21
this particular type of land. He stated that they request for the land uses to go from Interstate to
hard commercial corridor across the drainage channel for separation purposes to M172 and
transition into SF2. Additionally, he noted that they request for a 20 unit per acre for the project
with respects to this agenda item.
Mr. Jason Schlanger, a representative of the apartment developer Stanmore Partners, stated that
he was in support of the rezone and noted that they also built the Ravella at Eastpoint. He further
answered questions from Council.
Council Member Johnson inquired if the development would be comparable to the Ravella
complex. In response to Council Member Johnson's inquiry, Mr. Schlanger stated that based on
the purchased price of the land and with the Class A apartment market, the apartment must
be built with a certain quality, regardless of the builder. Mr. Schangler noted that it would be
hard to build an apartment other than Class A, unless the apartment is built as tax credit, in which
they do not do.
Council Member Johnson inquired of the occupancy rate and the number of units at the Ravella
complex. Mr. Schlanger stated that the occupancy rate at the Ravella was 93.2% with
approximately 282 units. Council Member Johnson further inquired as to how long the Ravella
was occupied at 93.2% and if it's been over such rate. Mr. Schlanger stated that the occupancy
was over 93% and typically they operate in stabilized apartment, in which stabilization is over
90%. Additionally, Mr. Schlanger stated they were over and under 93%, but never under 90%.
Council Member Alvarado inquired if there were any comments from the school district
regarding this project. Mrs. Foster stated that the school district was in support of the project and
anticipated growth in the area, therefore, were making preparation for additional students. She
further stated that the school district did want to insure that the development was of quality.
At 7:27 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.a.
It. Conduct a public hearing regarding an amendment to the Baytown 2025
Comprehensive Plan Future Land Use Plan (FLUP) for properties generally located north
of the west bound frontage road of Interstate Highway 10 (I1110) and its intersection with
John Martin Road, west to Goose Creek, in Harris County, Texas.
At 7:27 P.M, Mayor Capetillo opened and conducted a public hearing regarding an amendment
to the Baytown 2025 Comprehensive Plan Future Land Use Plan (FLUP) for properties generally
located north of the west bound frontage road of Interstate Highway 10 (IH 10) and its
intersection with John Martin Road, west to Goose Creek, in Harris County, Texas.
Mr. Dietrich presented a summary of the public hearing and stated that because the FLUP did not
meet or support the MF2 development, the applicant requested for change to high density. He
noted that if the FLUP did not pass the zoning amendment would not pass either.
Mayor Capetillo requested for staff to provide Council with the current status of apartment ratio
compared to single family at proposed development of multi -family.
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June 13,2019
Page 8 of 21
At 7:30 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.b.
C. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future
Land Use Plan for properties generally located north of the west bound frontage road of
Interstate Highway 10 (IH 10) and its intersection with John Martin Road, west to Goose
Creek, in Harris County, Texas.
A motion was made by Council Member Chris Presley and seconded by Council Member
Charles Johnson approving Ordinance No. 14,091, regarding agenda item 5.c. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel
Nays: Mayor Pro Tem Heather Betancourth
Approved
ORDINANCE NO. 14,091
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 GENERALLY
LOCATED NORTH OF THE WEST BOUND FRONTAGE ROAD OF
INTERSTATE HIGHWAY 10 (I1110) AND ITS INTERSECTION WITH JOHN
MARTIN ROAD, WEST TO GOOSE CREEK, IN HARRIS COUNTY, TEXAS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance amending the official zoning map to rezone approximately
15 acres, located near the northwest corner of the intersection of Interstate Highway 10 (IH
10) Frontage Road and John Martin Road, legally described as a part of and out of Tract 1,
Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas, from a General
Commercial (GC) Zoning District and a Mixed Residential at Low to Medium Densities
(SF2) Zoning District to a Mid -Rise Mixed Residential (MF2) Zoning District.
With regards to timing, Council Member Presley inquired how long the applicant would have to
come back before Council if the rezoning did not pass or if adjustments needed to be made to an
existing complex. In response to Council Member Presley's inquiry, Mr. Dietrich stated that the
timeframe was one (1) year.
Mayor Capetillo inquired of the zoning classification that accommodated townhomes. Mr.
Dietrich stated that a townhome could be done under MF I.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Chris Presley approving to consider an ordinance amendment regarding agenda item 5.d.
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June 13, 2019
Page 9 of 21
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving to suspend consideration of agenda item 5.d. not to extend to the end
of July 30, 2019. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tem Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
6. VOLUNTARY ANNEXATION OF 0.47 ACRES OF LAND. 2402 1-10 HIGHWAY
a. Consider an ordinance authorizing a Services Agreement with Jorge A. Valencia,
concerning the annexation of 0.47 acres located along the east bound frontage road of I-10
approximately 2,536 feet east of Thompson Road, addressed as 2402 Interstate 10 Hwy,
Harris County, Texas.
Principle Planning Manager, Chris Chavis presented the agenda item and stated that the .047
acres located in the unincorporated area south end of I-10 currently had a commercial building
on the site, in which the owner chose to bring into the City limits of Baytown to market as
commercial development.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 14,092, regarding agenda item 6.a. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tent Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,092
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES
AGREEMENT WITH JORGE A. VALENCIA; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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June 13, 2019
Page 10 of 21
b. Conduct the first public hearing regarding the proposed voluntary annexation of
approximately 0.47 acres located along the east bound frontage road of I-10 approximately
2,536 feet east of Thompson Road, addressed as 2402 Interstate 10 Hwy, and legally
described as Tract 2G2, Block 2, Elena Fruit & Cotton Farms D, Harris County, Texas.
At 7:47 P.M., Mayor Capetill opened and conducted the first public hearing regarding the
proposed voluntary annexation of approximately 0.47 acres located along the east bound
frontage road of 1-10 approximately 2,536 feet east of Thompson Road, addressed as 2402
Interstate 10 Hwy, and legally described as Tract 2G-2, Block 2, Elena Fruit & Cotton Farms
D, Hams County, Texas.
Mr. Chavis presented a summary of the public hearing and stated that the summary remained the
same as presented in agenda item 6.a. Additionally he noted that a representative for the
applicant was available to answer any questions from Council.
With there being no one registered to speak regarding agenda item b.h., Mayor Capetillo closed
the first public hearing at 7:47 P.M.
7. DISCUSSIONS
a. Present and discuss design and renovation options for the Baytown Animal Control
Facility.
Interim Health Department Director, Tony Gray presented the agenda item and stated that Kim
Dowdy from Quorum Architect would present a design option for the animal shelter that was
developed based on the comments from Council regarding the previous options presented in
March and April 2019. He stated that Council's initial development design cost was between $4-
5 million which changed at the April's presentation to $6 million. Mr. Gray stated that the
first draft of the proposed design was presented to the Animal Control Advisory Committee on
May 30th and was revised based on comments received by the Committee. He noted that Dr.
Lipps and Jay Garrett, members of the Committee would provide comments, as well as, answer
questions after the presentation.
Ms. Kim Dowdy presented her presentation and provided Council with information requested
from the previous council meeting. She stated that the break down capacity of the facilities
intake included the current projections, along with the projections of 2030 and 2045 animal
capacity. She stated with regards to new construction that in 2018, there were 54 cats and 41
dogs; with the 2030 capacity there were 68 cats and 49 dogs; and with the 2045 capacity there
were 75 cats and 54 dogs. She stated that the construction cost projection was $5.59 million, with
the cost per square foot being $319. She noted that the cost decrease was a result from cutting the
overall appearance of the building.
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June 13,2019
Page 11 of 21
Ms. Dowdy stated that the comments from the Committee meeting on May 30th included the
following:
• Separating adoptions from stray outdoor runs
• Sinks in all animals rooms
• S/N Clinic -smaller Pre -Op space
• Separate Medical Room
• Separate Evaluation space w/ check -in
• Education/Training Room added back to project
• Shortage of storage- will reuse existing cennex trailers
Ms. Dowdy noted that due to cost the education/raining room could not be added back into
the project and that the Committee was pleased with the layout of the design.
Ms. Dowdy stated that the design would take the facility out a little past the year 2045 and
included the following: capacity for 62 dogs and 78 cats; 12,736 sq. ft. of new construction,
100% of dogs have indoor/outdoor kennels; protected/covered adoptable play yards; required
separation of all animals to reduce disease/wress levels; enclosed sallyport; Spay/Neuter Vet
Clinic; adequate HVAC, lighting, wash -down system drainage; durable/easy to disinfect
equipment and finishes. She further stated that this design would meet state health department
requirements and the existing facility would be left as is. Additionally, she noted that there
would be additional soft cost to the construction cost.
City Manager Davis stated that the project would be financed over a ten year period with some
generational equity and noted that the addition of any components to this project would
be financed as one. Additionally, he stated that the budget incorporated doing some of the
upgrades and recommended moving forward with the project.
Dr. Lipps stated that her main focus regarding this project was animal health and further noted
that the design plan was a very good disease control facility. Additionally, she recommended that
Council considered moving forward with the project.
In further discussion, Mr. Gray stated for clarity purposes that the cost per animal for fiscal year
2018-2019 was $256, in which calculations from using the operational budget were divided by
the number of animals taken in per year. He noted that compared to the average of $437
from eight (8) other cities similar in population or geographically, the City of Baytown was at
the bottom of the list.
Mayor Capetillo requested to include a masonry component to the front facade of the building
and a projected cost for a training classroom.
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Sane 13, 2019
Page 12 of 21
8. PROPOSED ORDINANCES
a. Consider an ordinance amending Section 2-595 "Fees for various city services" and
Section 18-652 "Amendments to the residential code" of the Code of Ordinances, Baytown,
Texas, to update residential building and inspection fees and to remove the requirement
that the City obtain valuations for residential projects.
Mrs. Foster presented the agenda item and stated that the 2019 Legislature passed H.B. 852,
which prohibits municipalities from assessing residential building and inspection fees on (i) the
value of the dwelling or (ii) the cost of constructing or improving the dwelling. She stated that
because the City's adopted residential building and inspection fees were based upon such values
and/or costs, staff proposed to set such fees based upon the square footage for new residential
construction and upon a flat fee for all other residential construction projects.
Mayor Capetillo inquired as to how this change impacts the overall fee schedule due to some of
the significant decreases. Mrs. Foster stated that some of the fees were already lower; therefore,
this change would sort of normalize the fee and the overall average for new residential would be
similar. Additionally, she noted that there was no analysis on revenue impact.
Mrs. Foster stated that the permits fees were based on the cost of delivery of service, which was
24 inspections to do a new constructed home. She further noted that the bill was signed and
effective immediately.
The following details the proposed fees in comparison to the fees being charged:
RESIDENTIAL PERMIT - WITH ESTABLISHED FLAT FEE
PERMIT TYPE
CURRENT
PERMIT FEE
PROPOSED
FEE
Difference
Demolition
$57.25
$113.00
$55.75
Demolition w Court Orders
$274.25
$276. 00
$1.75
Manufactured Home
$352.75
$318.00
$34.75)
Driveway -RES
$57.25
$210. 00
$152.75
Fence - RES
$35.00
$59.00
$24.00
Foundation Repair
$140.00
$114. 0
($26.00)
House Movin - Interior
$327.75
$330.00
$2.25
House Movin -Exterior
1 $394.75
1 30.00
$64.75)
RESIDENTIAL PERMITS - PROPOSED FLAT FEE
PERMIT TYPE
CURRENT
PERMIT FEE
PROPOSED
FEE
Difference
Storage Building over 100 sq. ft.
$125.00
$156.00
$31.00
Carport
$170.00
$156.00
($14.00)
Garage
$285.00
1 $445.00
$160.00
City Council Regular Meeting Minutes
June 13, 2019
Page 13 of 21
Swimming Pool
$643.00
$554.00
($89.00)
Roof Replacement
$119.00
$113.00
($6.00)
Secure Structure
$72.00
$114.00
$42.00
Remodel without trades
$480.00
$281.00
($199.00)
Remodel with trades
$759.00
$553.00
($206.00)
PROPOSED NEW RES PERMIT FEE STRUCTURE
PERMIT TYPE PROPOSED FEE
0 - 2,000 sqft
$1,479,00
2,001 - 4,000 sqft
$1,697,00
4,001 - up sqft
$1,806,00
RESIDENTIAL TRADE PERMITS NOT TIED TO A BUILDING PERMIT
PERMIT TYPE
CURRENT
PROPOSED
Difference
PERMIT FEE
FEE
Electrical, Mechanical, or
$67.00
$ 86.00
$19.00
Plumbin Permit without review)
Electrical, Mechanical, or
$ 155.00
Plumbing Permit with review
MISCELLANEOUS FEES
IT TYPE
CURRENT
FEE
PROPOSED
FEE
DifferecePERMIT
esubmittals
NO FEE
$71.00
$71.00
ion Re -Ins ections
j
$35.00
$5500
$20.00
ion After Business Houts
$100.00
$140.00
$40.00
evisions
$35.00
$10100
$66.00
ement Permit Cazd$35.00
$58.00$23.00
ement Residential Plans
$35.00
$58.00
$23.00
A motion was made by Council Member Charles Johnson and seconded by Council Member
David Himsel approving Ordinance No. 14,093, regarding agenda 8.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tem Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
June 13, 2019
Page 14 of 21
ORDINANCE NO. 14,093
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 "FEES FOR
VARIOS CITY SERVICES," SUBSECTION (2) "DEVELOPMENT
SERVICES," PARAGRAPHS (B) "BUILDING PERMIT: RESIDENTIAL," (C)
"DEMOLITION PERMIT," (D) "ELECTRICAL PERMIT: RESIDENTIAL," (E)
"ELECTRICAL PERMIT: COMMERCIAL, RESIDENTIAL REPAIRS OR
UPGRADES," (F) "PLUMBING PERMIT: RESIDENTIAL," (G) PLUMBING
PERMIT: COMMERCIAL, RESIDENTIAL, REPAIRS OR UPGRADES," (H)
"MECHANICAL PERMIT: RESIDENTIAL," (I) "MISCELLANEOUS
BUILDING PERMIT," AND (J) "INSPECTION AND PLAN REVIEW (FOR
BUILDING SERVICES ONLY)' AND CHAPTER 18 "BUILDINGS AND
BUILDING REGULATIONS," ARTICLE ix "MINIMUM PROPERTY
STANDARDS," DIVISION 2 "ONE -AND -TWO-FAMILY DWELLINGS AND
TOWNHOUSES," SECTION 18-652 "AMENDMENTS TO THE
RESIDENTIAL CODE" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO UPDATE RESIDENTIAL BUILDING AND INSPECTION FEES
AND TO REMOVE THE REQUIREMENT THA THE VALUATIONS FOR
BUILDING PERMIT FEES BE OBTAINED; 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.
b. Consider an ordinance authorizing a Construction Contract with Comex
Corporation for the Fire Training Facility Phase 3 Project.
Assistant Engineering Director, Ajay Shakyaver presented the agenda item and stated that
Ordinance No. 14,094, authorizes a construction contract with Comex Corporation, for the
Baytown Fire Training Center Phase 3 Project, in the amount of $7,438,000; which included the
following:
Base Bid
Alternate 1 - Stora a BuildinAlternate
2 - Outdoor ClassrooAlternate
3 - Indus ProAlternate
=S135,000
4 - PavinTOTAL
Mayor Capetillo inquired for clarity if the proposed facility was too far in the process to consider
an agility testing. Fire Chief Dobson stated the during other discussion regarding the possibility
City Council Regular Meeting Mmutes
June 13, 2019
Page 15 of 21
of adding some type of agility testing, they didn't want to delay this process and there was a
possibility of adding the builder later at a lesser cost.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern
Heather Betancourth approving Ordinance No. 14,094, regarding agenda item 8.b. The vote was
as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Mayor Pro
Tem Heather Betancourth, Council Member Robert C. Hoskins, Council
Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF COMEX CORPORATION FOR THE
FIRE TRAINING FACILITY PHASE 3 PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH COMEX CORPORATION FOR THE FIRE
TRAINING FACILITY PHASE 3 PROJECT; AUTHORIZING PAYMENT
NOT TO EXCEED THE SUM OF SEVEN MILLION FOUR HUNDRED
THIRTY-EIGHT THOUSAND AND NO/100 DOLLARS ($7,438,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the Fourth Amendment to the Chapter 380
Agreement with Goose Creek IHI, LLC, concerning 700 W. Texas Ave.
Council Member Presley stated that he filed a Conflict of Interest with the City Clerk's Office
and recused himself from the agenda item, as well as, the vote.
City Attorney, Ignacio Ramirez presented the agenda item and stated that Ordinance No.
14,095 authorizes the Fourth Amendment to the Chapter 380 Agreement with Goose Creek IHI,
LLC, concerning 700 W. Texas Ave. Additionally, he stated that the agreement was done around
years 2010-2011, in which Goose Creek IHI, LLC ("GCIH I") requested a discounted payoff
amount should it make such payment on or before December 31, 2019.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving Ordinance No. 14,095, regarding agenda item S.c. The vote was as
follows:
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June 13, 2019
Page 16 of 21
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council
Member Robert C. Hoskins, Council Member David Himsel
Nays: None
Other: Council Member Chris Presley (Not Present for Vote)
Approved
ORDINANCE NO. 14,095
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE FOURTH AMENDMENT TO THE CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT AND LEASE WITH GOOSE
CREEK IH 1, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
9. CONSENT
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David Himsel approving consent agenda items 9.a. through 9.g. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Mayor Pm Tem Heather Betancourth, Council
Member Robert C. Hoskins, Council Member David Himsel
Nays: None
Other: Council Member Chris Presley (Not Present for Vote)
Approved
a. Consider an ordinance amending Chapter 94, Article IV, Section 94-121 of the Code
of Ordinances, Baytown, Texas, to update Schedule IX by adding one (1) traffic signal at
the intersection of Bush Road and Stonehedge Drive.
ORDINANCE NO. 14,096
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES
ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS," AND SCHEDULE IX "DESIGNATION — SIGNALIZED
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TRAFFIC
City Council Regular Meeting Minutes
June 13, 2019
Page 17 of 21
SIGNAL CONTROL HARDWARE AT THE INTERSECTION OF BUSH
ROAD AND STONEHEDGE DRIVE AND THE REMOVAL OF THE STOP
SIGN ON STONEHEDGE DRIVE AT ITS INTERSECTION WITH BUSH
ROAD; AUTHORIZING THE POSTING OF PROPER SIGNS AND
MARKINGS; REPEALING CONFLICTING ORDINANCES; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION
THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
b. Consider an ordinance authorizing a construction contract with Traffic Systems
Construction, for the Traffic Signal on Bush Road at Stonehedge Project.
ORDINANCE NO. 14,097
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TRAFFIC SYSTEMS CONSTRUCTION,
INC., FOR THE TRAFFIC SIGNAL ON BUSH ROAD AT STONEHEDGE
PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
TRAFFIC SYSTEMS CONSTRUCTION, INC. FOR THE TRAFFIC SIGNAL
ON BUSH ROAD AT STONEHEDGE PROJECT; AUTHORIZING PAYMENT
NOT TO EXCEED THE SUM OF ONE HUNDRED SIXTY-ONE THOUSAND
FOUR HUNDRED SIXTY-THREE AND 63/100 DOLLARS ($161,463.63);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the Seventh Amendment to the Water Supply
and Waste Disposal Agreement with Chambers County Municipal Utility District No. 1.
ORDINANCE NO. 14,098
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 SEVENTH AMENDMENT TO THE
WATER SUPPLY AND WASTE DISPOSAL AGREEMENT WITH
CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
it. Consider an ordinance authorizing Amendment No. 12 to the Interlocal Agreement
with Harris County for Circulator Bus Service in the City of Baytown.
City Council Regular Meeting Minot"
June 13, 2019
Page 18 of 21
ORDINANCE NO. 14,099
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AMENDMENT NO. 12 TO THE INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE
IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS
COUNTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($250,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing a Professional Services Agreement for the
Houston High Intensity Drug Trafficking Area Program with MSM Resources
Corporation.
ORDINANCE NO. 14,100
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 PROFESSIONAL SERVICES AGREEMENT
WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT
FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider a resolution authorizing an application in response to the FY2019 Texas
Intrastate Fire Mutual Aid System (TIFMAS) Grant Assistance Program: Training Tuition
Grants for the Fire Department.
RESOLUTION NO.2591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE TEXAS
INTRASTATE FIRE MUTUAL AID SYSTEM (TIFMAS) GRANT
ASSISTANCE PROGRAM: TRAINING TUITION GRANTS THROUGH THE
TEXAS A&M FOREST SERVICE ON BEHALF OF THE BAYTOWN FIRE
DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider a resolution adopting revised Purchasing Policies and Guidelines for
Community Development.
City Council Regular Meeting Minutes
June 13, 2019
Page 19 of 21
RESOLUTION NO.2592
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A REVISED PURCHASING POLICIES AND
GUIDELINES FOR COMMUNITY DEVELOPMENT; PROVIDING FOR A
REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
10. APPOINTMENTS
a. Confirm the City Manager's appointment of the City of Baytown Health Director.
City Manager Davis presented the agenda item and stated that Mr. Gray served as interim Health
Director since the retirement of the previous director and has handled the duties with the highest
level of competence, effectiveness and diplomacy. Additionally, he requested Council's approval
of his appointment of Mr. Gray as the City of Baytown's Health Department Director.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern
Heather Betancourth approving City Manager Davis's appointment of Tony Gray as the City of
Baytown's Health Director. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council
Member Robert C. Hoskins, Council Member David Himsel
Nays: None
Other: Council Member Chris Presley (Not Present for Vote)
Approved
b. Consider the appointment of Mr. Tony Gray to the Animal Control Advisory
Committee.
Mrs. Brysch presented the agenda item and stated that as the new City Health Director, Tony
Gray would complete the position tern, which expires on September 30, 2019, and at such time,
would be re -appointed to the Board for a regular two year term and continue to serve in the
capacity until he's no longer the Health Department Director.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Robert C. Hoskins approving the appointment of Tony Gray to the Animal Control Advisory
Committee. The vote was as follows:
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June 13, 2019
Page 20 of 21
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council
Member Robert C. Hoskins, Council Member David Himsel
Nays: None
Other: Council Member Chris Presley (Not Present for Vote)
Approved
C. Consider three (3) appointments to the Baytown Industrial Appraisal Review
Board.
Mrs. Brysch presented the agenda item to consider the three (3) appointments Mr. Ron Haddox,
Chairman; Mr. Chet Theiss, Vice Chair; and Ms. Donna Winfrey -Varner, Board Member to the
Baytown Industrial Appraisal Review Board. Additionally, she stated that the Board member
terms were for one (1) year and expires on June 30, 2020.
A motion was made by Council Member Charles Johnson and seconded by Council Member
David Himsel approving the appointments of Mr. Ron Haddox, Chairman; Mr. Chet Theiss, Vice
Chair; and Ms. Donna Winfrey -Varner, Board Member to the Baytown Industrial Appraisal
Review. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Mayor Pro Tom Heather Betancourth, Council
Member Robert C. Hoskins, Council Member David Himsel
Nays: None
Other: Council Member Chris Presley (Not Present for Vote)
Approved
11. MANAGER'S REPORT
City Manager Davis stated that the City Clerk's Office, along with the Administration
Office received awards at the United Way Starlight Gala for contributions to the campaign and
that the City of Baytown as a whole placed second overall for giving per person. He recognized
the Finance Department for receiving the Distinguished Budget Presentation Award from the
Government Finance Officers Association. He further recognized Officer Nicholas Martinez for
receiving his Advanced Peace Officers Certificate and Officer Markus Rivers for
receiving his Master Peace Officer Certificate. He acknowledged Officer Loyd for remaining
calm while assisting a resident who was passed out due to a medical condition and became a
little aggressive upon coming to, City Manager Davis noted that a resident recognized Officer
Clint Holden for 22 years of service and for always being professional when assisting him with
his concerns. He further noted that some public works crews were recognized for working after
City Council Regular Meeting Minutes
June 13, 2019
Page 21 of21
hours during a holiday weekend picking up debris after a storm. Additionally, he recognized
Baytown employees Yorel Stanley, Dominique Johnson, Joe Roberts and Leonard Artis for
unstopping a drainage ditch during a storm which possibly saved a few homes from flooding.
Mayor Capetillo noted that he would be extending an invitation to various entities that shared
common issues with the City of Baytown to create a Baytown Intergovernmental Affairs
Committee that would meet periodically for the betterment of the community. He further
requested for City Manager Davis to provide a brief summary of the ICSC.
City Manager Davis stated that the ICSC was a place of opportunity where community leaders
meet with developers to spark interest for the developer to develop in their areas, to access the
health of the cities retail market, and to generate ideas that would make additional land available
for development. He noted that the state of retail in Baytown was very strong and that many
retailers along Garth Road were informative of their ranking statuses within their specific chains
of business. Additionally, he stated that these types of meetings are beneficial and noted that they
would be attending a meeting in Fort Worth, which focus primarily on the growth in Texas,
whereas, ICSC has an audience from around the world.
Council Member Alvarado noted that at the West Baytown Civic Association meeting many
expressed gratitude for the completed project that included Huggins and Oklahoma Streets.
12. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.071 to seek the advice of the City's attorneys regarding pending
litigation involving the City of Baytown.
At 8:55 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to
Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding
pending litigation involving the City of Baytown.
At 9:54 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular Meeting and
announced that in accordance with Section 551.102 of the Texas Government Code, no action
was taken in the Executive Session.
13. ADJOURN
With there being no further business to discuss,
2019, City Council Regular Meeting at 9:54 P.M.
Leticia Btysch, City Clerk
City of Baytown
Mayor Capetillo adjourned the June 13,