2019 09 26 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
September 26, 2019
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 26, 2019, at 6:43 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
Brandon Capetillo
Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor Capetillo convened the September 26, 2019, City Council Regular Meeting with a
quorum present at 6:43 P.M., all members were present with the exception of Council Member
Himsel who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins.
1. MINUTES
Mayor Capetillo requested that agenda items La. and Lb. be considered together.
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on August 08, 2019.
b. Consider approving the minutes of the City Council Special Meeting held on
September 04, 2019.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Chris Presley approving the August 08, 2019, City Council Work Session and Regular Meetings,
as well as, the September 04, 2019, City Council Special Meeting minutes. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins
City Council Regular Meeting Minutes
September 26, 2019
Page 2 of 29
Nays: None
Other: Council Member David Himsel (Absent)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Presentation regarding the 2019 Muscular Dystrophy Awareness (MDA) Month and
Fill the Boot Campaign in Baytown.
Ms. Came Dalton presented the agenda item and stated that the year 2019 marked the 65'a
Anniversary of the fundraising efforts from the firefighters. She noted that over the 65 years,
$650 million was raised and of that amount, $386,276 was raised from the citizens of Baytown.
She stated that MDA was an umbrella organization, which covered 43 types of muscular
dystrophy with ALS/Lou Gehrig's Disease being the most aggressive form. Additionally, she
noted that within the past four (4) years, they had eight (8) drugs approved by the FDA, which
possibly helped in the newborn screening registry to stop the progression of the disease.
Mr. Daniel Calhoun, Baytown firefighter and Union Coordinator, expressed appreciation for
being able to participate in the fundraising program for the MDA cause and fiuther noted that the
collections would be during the first three (3) Saturday's in October.
Agenda was taken out of order and agenda item 2.b. was suspended to another meeting due to
the proclamation not being available.
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
Heather Betancourth approving to suspend agenda item 2.b. no later than October 30, 2019, as
there was no proclamation. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins
Nays: None
Other: Council Member David Himsel (Absent)
Approved
2.c. The 14th Annual Grito Fest is scheduled for Saturday, October 05, 2019, at
Bicentennial Park.
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September 26, 2019
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Parks and Recreation Marketing and Special Events Coordinator, Tara Barton introduced Jacob
Schaffer to provide the details of the agenda item.
Mr. Schaffer expressed appreciation to the Council for their support of the Grito Fest which
grew over the years. Additionally, he noted that the event would feature Mariachis, Kid's
Activities, Jalapefio Eating Contest, Salsa Contest, Accordion Competition, a Crrito Competition,
along with performances from dancers and Solido.
d. Recognize City of Baytown Employees for their Years of Service.
Director of Human Resources, Carol Flynt presented the agenda item and recognized City of
Baytown employees for their years of service.
5 Years
Johnny Brewer, BAWA Maintenance Technician
10 Years
Jessica Gallegos, Police Patrol Officer
3. CITY OF BAYTOWN PROPOSED TAX RATE
a. Conduct a public hearing at 6:45 P.M. on a proposal to adopt a tax rate of $0.80203,
which is effectively a 5.34 percent increase in the tax rate.
At 6:53 P.M., Mayor Capetillo opened and conducted a public hearing on a proposal to adopt a
tax rate of $0.80203, which is effectively a 5.34 percent increase in the tax rate.
Finance Director, Wade Nickerson presented a summary of the agenda item and stated that there
was a 5.34 percent increase in the tax rate. Additionally, he stated that the tax rate was lowered at
the request of Council from $0.8103 down to $0.80203, in which the adoption of such
would take place on October 03, 2019.
Council Member Hoskins inquired for clarity if the tax increase was on the revenue and if a
home value did not increase what would happen to the tax rate. In response to Council Member
Hoskins inquiry, Mr. Nickerson stated the tax increase was on the revenue and if the value on a
home did not increase, the taxes, with regards to the City of Baytown portion, would decrease.
Council Member Hoskins clarified that if the property value increased, the home owner would
pay more per dollar for the increase in the value of the property, but that the tax rate itself would
decrease. Council Member Hoskins noted that per the law the rate must be reported as a tax rate
even though it was not.
Council Member Hoskins further inquired where the largest percentage of revenue increases in
Baytown was. Mr. Nickerson stated that there was an increase in commercial.
With there being no one registered to speak regarding agenda item Is., Mayor Capetillo closed
the public hearing at 6:55 P.M.
City Council Regular Meeting Minutes
September 26, 2019
Page 4 of 29
4. PROPOSED AMENDMENTS TO CHAPTER 126 "SUBDIVISIONS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS
a. Conduct a public hearing concerning a request to amend the Chapter 126
"Subdivisions" of the Code of Ordinances, Baytown, Texas, (i) to establish fling dates for
submissions and re -submissions of plats and (ii) to add and use associated defined terms.
At 6:56 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to
amend the Chapter 126 "Subdivisions" of the Code of Ordinances, Baytown, Texas, (i) to
establish filing dates for submissions and re -submissions of plats and (ii) to add and use
associated defined terns.
Senior Planner Manager, Nathan Dietrich presented a summary of the agenda item and stated
that HB 3167 established approval procedures for plats associated with the City's subdivision
regulations, specifically, requiring that the City enumerate the reasons for denial of a plat, as well
as, include citations to the applicable law in its response to the applicant. Additionally, he stated
that this change would encourage speed with regards to reviewing the plats within a City
structure and further noted that staffs recommended amendments met such requirements.
Mayor Capetillo requested details on the timeline. Mr. Dietrich stated that because a time clock
is associated with the submission of a plat request, an adjustment was made to the term "filed",
which means that the time clock starts when all of the comments generated from the departments
are met. Additionally, he noted that, as it relates to the current process, 4 to 6 days prior to the
Planning and Zoning Commission meeting all of the laws would be met.
With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed
the public hearing at 6:59 P.M.
b. Consider an ordinance amending Chapter 126 "Subdivisions" of the Code of
Ordinances, Baytown, Texas, (i) to establish filing dates for submissions and re -
submissions of plats and (ii) to add and use associated defined terms.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern
Robert C. Hoskins approving Ordinance No. 14,175, 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, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins
Nays: None
Other: Council Member David Himsel (Absent)
Approved
City Council Regular Meeting Minutes
September 26, 2019
Page 5 of 29
ORDINANCE NO. 14,175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN
GENERAL," SECTION 126-1 'DEFINITIONS," SECTION 126-2 'PLAT
REQUIRED," SUBSECTION (D), SECTION 126-5 "ENFORCEMENT;
PENALTIES," SUBSECTIONS (A) AND (G), SECTION 126-6 "APPEAL OF
COMMISSION DECISION," SUBSECTION (A), AND SECTION 126-7
"UTILIZATION; ARTICLE II "ADMINISTRATION," DIVISION 3.7
"AMENDING PLATS," SECTION 126-115 'DEFINITIONS" AND SECTION
126-116 'PURPOSE OF AMENDING PLAT"; DIVISION 4 'REVIEW
PROCEDURE," SUBDIVISION I "IN GENERAL," SECTION 126-126
"PROCESS"; SUBDIVISION II "DEPARTMENTAL REVIEW," SECTION
126-147 'PRELIMINARY APPROVAL APPLICATION"; SUBDIVISION IV
"FINAL APPROVAL," SECTION 126-189 "CONTENTS OF FINAL PLAT;
CONSTRUCTION APPROVAL," SUBSECTION (B); AND ARTICLE IV
"IMPROVEMENTS," DIVISION 2 'DESIGN STANDARDS," SUBDIVISION
IV 'BASEMENTS," SECTION 126-583 "PRIVATE EASEMENTS,"
SUBSECTION (4) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AND AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE II
"ADMINISTRATION;" DIVISION 1 "GENERALLY" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 126-37 'PROCEDURES FOR
SUBMISSIONS AND RESUBMISSIONS" (I) TO ESTABLISH FILING
DATES FOR SUBMISSIONS AND RE -SUBMISSIONS OF PLATS AND (II)
TO ADD AND USE ASSOCIATED DEFINED TERMS; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
5. PROPOSED REZONING AND PLANNED UNIT DEVELOPMENT OF
APPROXIMATELY 7.04 ACRES OF LAND, 4300 NORTH MAIN STREET
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone an approximately 7.04 acre portion of 13.47 acres, located at 4300 North Main
Street, legally described as part of and out of Tract 17 Abstract 709 J W Singleton, Harris
County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning
District to a General Commercial (GC) Zoning District.
At 7:00 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to
amend the official zoning map to rezone an approximately 7.04 acre portion of 13.47 acres,
located at 4300 North Main Street, legally described as part of and out of Tract 17 Abstract 709 J
W Singleton, Hams County, Texas, from a Mixed Residential at Low to Medium Densities
(SF2) Zoning District to a General Commercial (GC) Zoning District.
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September 26, 2019
Page 6 of 29
Planning and Community Development Director, Tiffany Foster requested to summarize agenda
items 5.a., 5.b., 5.c., and 5.d. altogether, as they were all related to the same topic. She stated
that agenda item 5.a. requested to change a portion of the larger tract of over 13 acres to GC,
which is in conjunction with an application for a planned unit development (PUD), whereby staff
recommended to have one consistent underlining zoning district and then have a PUD also. She
stated that the existing property of the total of more than 13 acres was GC on the portion that
fronts on North Main and the portion further down Blue Herron was SF2. She noted that agenda
item 5.a. was basically a request to rezone all of the property to GC in order to establish the base
district for the PUD.
Mrs. Foster stated that the PUD application was for the future construction of a luxury active
senior living facility with commercial uses and recreation space along North Main Street. She
stated that the living facility would be composed of 200 dwelling units with on -site amenities for
the residents including: an activity and event center; a health, fitness and wellness center; a
concierge and valet office; beauty salon; and a pet grooming salon. She stated that PUD
established over an acre of green space, trails, connection to the commercial fronting North
Main, as well as, other amenities on -site for the residents.
Mrs. Foster stated that agenda item 5.d. considered the ordinance that blends in the development
standards for the entire PUD. She stated that anything not mentioned in the variation table meant
that they would revert to the minimum standards of the Unified Land Development Code
(ULDC) for development. She stated that at a minimum there would everything in the ULDC for
multi -family and commercial except those things that were deviated. She noted that in the GC
portion the more intense commercial uses were removed, so the uses in the PUD for commercial
would be things that complement the residential portion of the project. Additionally, Mrs. Foster
requested that Mr. Charles Leyendecker, the applicant, provide Council with details of the
project.
Mr. Charles Leyendecker stated that the rental project would include 157 suites for active adults
age 55 and older, 47 single story cottages with drive in garages, a large detention area, walking
trails, dog park, along with other amenities mentioned by Mrs. Foster. He stated that the project
would generate substantial revenue for Baytown and would be compatible with the Baytown
2025 Plan with regards to infill of vacant land within the City. He stated that there were three (3)
age restricted projects in Baytown, which were all tax credit with one being full already.
Additionally, he noted that Baytown had the best planning department and further noted that the
project would possibly be sold, in which the age restriction could change.
Council Member Presley inquired for clarity if the age restriction condition was included in the
PUD. Mrs. Foster stated that the condition for the age restriction was included in the PUD.
With there being no one registered to speak regarding agenda item 5.a., Mayor Capetillo closed
the public hearing at 7:14 P.M.
It. Conduct a public hearing concerning a request for a Planned Unit Development
(PUD) for approximately 13.47 acres of land, located at the southeast corner of the Blue
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September 26, 2019
Page 7 of 29
Heron Parkway and North Main Street intersection, addressed as 4300 North Main Street,
and legally described as Tract 17 Abstract 709 J W Singleton, Harris County, Texas.
At 7:14 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request for a
Planned Unit Development (PUD) for approximately 13.47 acres of land, located at the
southeast corner of the Blue Heron Parkway and North Main Street intersection, addressed as
4300 North Main Street, and legally described as Tract 17 Abstract 709 J W Singleton, Harris
County, Texas.
Mrs. Foster noted that the summary remained the same as provided during agenda item 5.a.,
which was for the zoning change from SF2 to GC and agenda item 5.b. was for the PUD.
Charles Leyendecker registered to speak regarding agenda item 5.b., but provided his comments
during the public hearing regarding agenda item 5.a.
At 7:15 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.b.
C. Consider an ordinance amending the City of Baytown's official zoning map to
rezone an approximately 7.04 acre portion of 13A7 acres, located at 4300 North Main
Street, legally described as part of and out of Tract 17 Abstract 709 J W Singleton, Harris
County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning
District to a General Commercial (GC) Zoning District.
A motion was made by Council Member Chris Presley and seconded by Council Member Laum
Alvarado approving Ordinance No. 14,176, regarding agenda item 5.c. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Lama Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins
Nays: None
Other: Council Member David Himsel (Absent)
Approved
ORDINANCE NO. 14,176
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 7.04 ACRE PORTION OF
13.47 ACRES, LOCATED AT 4300 NORTH MAIN STREET, LEGALLY
DESCRIBED AS PART OF AND OUT OF TRACT 17, ABSTRACT 709 J W
SINGLETON, HARRIS COUNTY, TEXAS, FROM MIXED RESIDENTIAL
AT LOW TO MEDIUM DENSITIES (SF2) TO GENERAL COMMERCIAL
(GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF
City Council Regular Meeting Minutes
September 26, 2019
Page 8 of 29
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.
d. Consider an ordinance approving a Planned Unit Development (PUD) for
approximately 13.47 acres of land, located at the southeast corner of the Blue Heron
Parkway and North Main Street intersection, addressed as 4300 North Main Street, and
legally described as Tract 17 Abstract 709 J W Singleton, Harris County, Texas.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Charles Johnson approving Ordinance No. 14,177, regarding agenda item 5.d. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins
Nays: None
Other: Council Member David Himsel (Absent)
Approved
ORDINANCE NO. 14,177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE DETAIL PLAN TO CREATE THE PLANNED
UNIT DEVELOPMENT DISTRICT; AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF BAYTOWN CONCERNING APPROXIMATELY
13.47 ACRES OF LAND, LOCATED AT THE SOUTHEAST CORNER OF
THE BLUE HERON PARKWAY AND NORTH MAIN STREET
INTERSECTION, ADDRESSED AS 4300 NORTH MAIN STREET, AND
LEGALLY DESCRIBED AS TRACT 17 ABSTRACT 709 J W SINGLETON,
HARRIS COUNTY, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO
CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR THE
PLANNED UNIT DEVELOPMENT DISTRICT; AUTHORIZING
DEVIATIONS FROM AND ADJUSTMENTS TO DESIGN AND
COMPATIBILITY STANDARDS OF THE UNIFIED LAND DEVELOPMENT
CODE CONSISTENT WITH THE PLANNED UNIT DEVELOPMENT
DISTRICT CREATED HEREIN; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Agenda item 2.b. was reconsidered due to the proclamation becoming available.
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving to reconsider agenda item 2.b. The vote was as follows:
City Council Regular Meeting Minute,
September 26, 2019
Page 9 of 29
Ayes: Mayor Brandon Capefillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins
Nays: None
Other: Council Member David Himsel (Absent)
Approved
2.b. Present a proclamation designating October 6-12, 2019 as Fire Prevention Week
Mayor Capetillo presented to Fire Chief Dobson a proclamation designating October 6-12, 2019
as Fire Prevention Week.
Council Member Presley exited the meeting at 7:20 P.M.
6. PROPOSED ORDINANCES
a. Consider an ordinance authorizing the issuance of the City of Baytown, Texas,
Combination Tax and Revenue Certificates of Obligation, Series 2019A, for the costs
associated with City's animal control and adoption facilities and related infrastructure.
Mr. Nickerson presented the agenda item and stated that Ordinance authorizes the issuance of the
City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 2019A,
for the costs associated with the City's animal control and adoption facilities in an amount not to
exceed $7,250,000.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Charles Johnson approving Ordinance No. 14,178, regarding agenda item 6.a. The vote was as
follows:
Ayes: Mayor Brandon Capefillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tem Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
ORDINANCE NO. 14,178
City Council Regular Meeting Minutes
September 26, 2019
Page 10 of 29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS,
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2019A; LEVYING A TAX IN PAYMENT THEREOF; SETTING
CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES;
APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL
STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Is. Consider an ordinance authorizing the issuance of General Obligation Refunding
Bonds, Series 2019A, to refund outstanding General Obligation and Refunding Bonds,
Series 2011.
Mr. Nickerson presented the agenda item and noted that the two (2) bonds were considered
together for a cost savings. He stated that $10.8 million debt would be refunded, a savings of
approximately 9.5% mostly in interest, on the debt over the next 10 years. Additionally, he stated
that debt would be issued in an amount not to exceed $10,750,000.
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
Charles Johnson approving Ordinance No. 14,179, regarding agenda item 6.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tom Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
ORDINANCE NO. 14,179
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS,
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2019A; LEVYING
A TAX IN PAYMENT THEREOF; AUTHORIZING THE ISSUANCE OF THE
BONDS IN ACCORDANCE WITH SPECIFIED PARAMETERS;
AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN
OUTSTANDING BONDS; APPROVING THE PREPARATION AND
DISTRIBUTION OF AN OFFICIAL STATEMENT; AND ENACTING OTHER
PROVISIONS RELATING THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 26, 2019
Page 11 of 29
C. Consider an ordinance approving the continued receipt of the share of bingo prize
fee funds collected on charitable bingo activity that occur within the city limits of Baytown.
A motion was made by Mayor Pro Tent Robert C. Hoskins and seconded by Council Member
Charles Johnson approving agenda item 6.c.
City Attorney, Ignacio Ramirez presented the agenda item and stated that pursuant to House Bill
(HB) 914 enacted by the 86th Texas Legislature, in order to continue to receive a share of bingo
prize fees after Jan. 01, 2020, the City Council would have to affirmatively vote to continue said
collection. He stated that currently non-profit organizations that conduct bingo collected a 5%
fee paid to the state, in which the state would then disburse a portion to the counties and cities.
He stated that this statue required the City to say that they would continue receiving such
portion; however the bingo operator would submit the fee to the City directly rather than sending
to the state and then the state sending it to the City. Additionally, he noted that the surrounding
cities of Seabrook, Galveston, La Marque, Houston, and Pasadena all voted to continue the
collection of such fees.
Mayor Capetillo inquired for clarity that the bill was passed to remove the state from collecting
the fees so that the transaction would go directly from the charitable bingo operator to the
municipality and nothing else would change. Mr. Ramirez agreed with Mayor Capetillo's inquiry
clarification statement and further clarified that the City would receive 50% of the fee collected,
which is what would have been sent to the state.
Mayor Capetillo inquired of the amount collected indirectly from the state regarding this type of
operation. Mr. Nickerson responded to Mayor Capetillo's inquiry and stated that within the last
five (5) years, the City collected $172. Mr. Ramirez noted that in the recent years, the City was
not aware that there was an election in Baytown to allow bingo and even through research with
the County there was no record of such; therefore, the Baytown City Clerk's office was not
granting bingo permits. Mr. Ramirez stated that it was later determined there was an election in
Baytown approximately 1983. Additionally, City Clerk, Leticia Brysch noted that a permit
would be issued for charitable bingo within the City limits of Baytown in Hams County.
Jerry Johnson and Yvonne Thomas both registered to speak regarding agenda item 6.c.
Ms. Yvonne Thomas, a representative of the Baytown Junior Forum, stated that the organization
had been in Baytown since 1964 and 1000% of their funds goes back into the community, such as
Habitat for Humanity, Goodfellas Toy Program, Pregnancy Resource Center, Art League
of Baytown, Special Needs Program, just to name a few. She stated that they hosted bingo for the
last few years, in which the last year $30,000 was raised. She stated that due to the permit issue,
they had to go outside of Baytown, in which they also lost their reservation deposit of $950 from
Nuevo Leon because of such.
Council Member Betancourth stated that she encouraged the organization to host the event in
Baytown and in doing so, with approval from City Manager Davis; their deposit of $950 would
be credited towards their rental fees at a City facility due to the denial of the permit.
City Council Regular Meeting Minutes
September 26, 2019
Page 12 of 29
Mayor Capetillo inquired for clarity if the entire fee would be submitted to the City. Mr.
Nickerson stated that the City's portion of the fee would be directly submitted to the City and
further noted that the amount received would only be a portion of the amount charged to play.
Council Member Alvarado inquired if the permit was only for non-profit organizations. Mr.
Ramirez stated that bingo is a form of gambling, with the exception for non -profits.
Mr. Jerry Johnson, the current Commander New Orleans Post 912, stated that they have a bingo
in Baytown, in which has been in existence for years. He stated that the fee collected was 5% of
the prizes awarded and that if the City opted out of this ordinance, any monies due to the
municipality would remain with the charitable organization.
Mayor Capetillo recommended that clarity be provided with regards to the fee disbursement
before making a decision.
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
Charles Johnson approving to suspend agenda item 6.c. no later than October 30, 2019. The vote
was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Mayor Pro Tem Robert C. Hoskins
Nays: Council Member Heather Betancourth
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
d. Consider an ordinance authorizing a Professional Service Agreement with
Fivengineering, LLC for the Barkuloo and Connally Area Water and Wastewater
Annexation Project.
Director of Public Works and Engineering, Frank Simoneaux presented the agenda item and
stated that Ordinance No.14,180, authorizes a Professional Service Agreement with
Fivengineering, LLC for the Barkuloo and Connally Area Water and Wastewater Annexation
Project in an amount not to exceed $986,730.41. He stated that the proposed project was for an
area annexed into the City limits in 2017, included the design and consulting services for water
and wastewater facilities, a lift station design, survey, environmental and geotechnical studies,
traffic control, and some tree protection. Additionally, he stated that staff reviewed rankings of
consultants with the A&E Committee on July 18, 2019 and recommended approval.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Laura Alvarado approving Ordinance No. 14,180, regarding agenda item 6.d. The vote was as
follows:
City Council Regular Meeting Minutes
September 26, 2019
Page 13 of 29
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tern Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
ORDINANCE NO. 14,180
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 PROFESSIONAL
SERVICES AGREEMENT WITH FNENGINEERING, LLC, FOR
ENGINEERING SERVICES ASSOCIATED WITH THE BARKULOO AND
CONNALLY AREA WATER AND WASTEWATER ANNEXATION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED NINE HUNDRED EIGHTY-SIX
THOUSAND SEVEN HUNDRED THIRTY AND 41/100 DOLLARS
($986,730.41); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing an Agreement for Administrative Services with
MuniCap, Inc., related to public improvement districts and the issuance of public
improvement district bonds.
Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that
although Baytown was not lacking in residential growth, there were three (3) challenges that
included the quality and diversity in housing options; amenities in neighborhoods; and the
current financing mechanism used for most projects being the municipal utility district. He stated
that staff recommended the PID as a resolution to the challenges, which is a benefit as they are
City controlled. He stated that Ordinance No. 14,181, authorizes an agreement for administrative
services with MuniCap, Inc. ("MuniCap") related to public improvement districts ("PIDs") and
the issuance of PID bonds. Additionally, he introduced Abdi Asim, Senior Vice President from
MuniCap to provide more details of thew services.
Mr. Abdi Asim stated that MumCap was a public financing consulting firm that works with
cities, counties, and developers to create a public/private partnership to develop and redevelop
projects. He stated that they've worked in PID in Texas since 2006, in which the PID was a
special district self-financing tool available to developers and local governments to finance
new or redevelopment projects. He stated that Chapter 372 of the Texas Local Govemment
Code, as amended (the "PID Act") govems the creation and operation of PIDs, but is created by
the City. He stated that the PID impacts property in such a way that a property owner would pay
City Council Regular Meeting Minutes
September 26, 2019
Page 14 of 29
an assessment yearly as part of their property tax, in which PID terms vary and were limited. He
stated that there was no cost collateral, whereas, a property owner would only be responsible for
their own assessment and could pay out their portion at any time. He stated that there was no
financial obligation to the City for issuing a PID debt, but the City would be responsible for
making sure that the assessments were paid on time. He stated that the PID creation would
include a petition from owners of more than 50% of the appraised value of taxable property in
the PID, mailings and publications of notices, a service and assessment plan, and would be
collaboration between various City departments. He noted that the PID could be created within
the City limits or the ETJ.
Mr. Asim stated that prior to the district formation, they would work with staff to formulate a
development agreement and district formation, provide an assessment plan, and bond issuance.
He stated that under the terms of this agreement, MuniCap would serve as the City's
administrator for public improvement districts and provide the following services:
• Consulting services related to service and assessment plan and bond issuance (MuniCap will
work with developers and the City to prepare a service and assessment plan for the district
(ensuring the plan is in compliance with City Council's PID policy), and will assist in the
preparation and issuance of bonds for the public improvements).
• Administrative support services related to the special assessments (MuniCap will provide
services associated with the annual determination of the special assessments to be collected
from each parcel, updating the service and assessment plan and the special assessment roll,
management of assessment funds and accounts, and providing public information).
• Other services as needed by the City (MuniCap will provide other services as needed by the
City, including delinquency management, prepayments of special assessments, arbitrage
rebate services, continuing disclosure services, IRS compliance monitoring, and accounting
services).
Council Member Hoskins inquired if a PID could buy out a MUD. Mr. Asim stated that the City
could replace a MUD with a PID, but noted that the City should keep in mind of the obligations
associated with the bond.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Laura Alvarado approving Ordinance No. 14,181, regarding agenda item 6.e. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tem Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
City Council Regular Meeting Minutes
Septernber 26, 2019
Page 15 of29
ORDINANCE NO. 14,181
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR ADMINISTRATIVE
SERVICES WITH MUNICAP, INC., FOR (I) CONSULTING SERVICES
RELATED TO SERVICE AND ASSESSMENT PLAN AND BOND
ISSUANCE, (II) ADMINISTRATIVE SUPPORT SERVICES RELATED TO
THE SPECIAL ASSESSMENTS, (III) DELINQUENCY MANAGEMENT, (IV)
PREPAYMENT OF SPECIAL ASSESSMENTS, (V) ARBITRAGE REBATE,
(VI) CONTINUING DISCLOSURE, (VII) IRS COMPLIANCE MONITORING,
AND (VIII) ACCOUNTING SERVICES RELATED TO PUBLIC
IMPROVEMENT DISTRICTS ("PIDS") AND THE ISSUANCE OF PID
BONDS; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Council Member Betancourth left the meeting at 7:48 P.M. and returned at 7:51 P.M.
7. CONSENT
Council Member Hoskins requested that consent agenda items 7s., 7kk., Inn. through 7qq., and
7ss. through 7w. be pulled from the consent agenda.
A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member
Charles Johnson approving to pull consent agenda items Ts., 7kk., Inn. through 7qq., and 7ss.
through 7w. and approve the remaining consent agenda items. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tern Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
a. Consider an ordinance renewing the 2018 Annual Waterline Rehabilitation Project
with SKE Construction, LLC.
ORDINANCE NO. 14,182
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE 2018 ANNUAL WATERLINE REHABILITATION
PROJECT FOR YEAR 3 WITH SKE CONSTRUCTION LLC; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN
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September 26, 2019
Page 16 of 29
AMOUNT NOT TO EXCEED ONE MILLION AND NO1100 DOLLARS
($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
It. Consider an ordinance approving Change Order No. 12 and final closeout of the
San Jacinto Blvd. Phase 1 Project.
ORDINANCE NO. 14,183
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 12WITH ANGEL
BROTHERS ENTERPRISES, LTD, FOR THE SAN JACINTO BLVD PHASE 1
PROJECT, DECREASING THE CONTRACT AMOUNT BY SIXTY-THREE
THOUSAND AND N0/100 DOLLARS ($63,000.00); AUTHORIZING THE
CLOSEOUT OF THE SAN JACINTO BLVD PHASE 1 PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a professional service agreement with Caroni
Engineerings, Inc. to update the City of Baytown's Alternative Capacity Requirements
with the Texas Commission on Environmental Quality (TCEQ).
ORDINANCE NO. 14,184
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, INC., TO UPDATE THE CITY OF
BAYTOWN'S ALTERNATIVE CAPACITY REQUIREMENTS WITH THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWO THOUSAND FOUR HUNDRED NINETY-
SEVEN AND NO1100 DOLLARS ($102,497.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing a Professional Service Agreement with Binkley
& Barfield, Inc., for the 2019 Street Reconstruction Project.
ORDINANCE NO. 14,185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH BINKLEY & BARFIELD, INC., FOR THE 2019 STREET
RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED
FORTY-TWO THOUSAND FOUR HUNDRED EIGHTY AND NO1100
City Comeil Regular Meeting Minutes
September 26, 2019
Page 17 of 29
DOLLARS ($442,480.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordnance authorizing the purchase of five (5) Ford Trucks from
Silsbee Ford, through GoodBuy Purchasing Cooperative, for the Public Works
Department.
ORDINANCE NO. 14,186
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY-
SEVEN THOUSAND ONE HUNDRED TWENTY-THREE AND 25/100
DOLLARS ($157,123.25) TO SILSBEE FORD INC., THROUGH GOODBUY
PURCHASING COOPERATIVE, FOR THE PURCHASE OF FIVE (5) FORD
TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the purchase of one (1) 2019 Model No. 7934
Pipehunter with tandem trailer from Texas Underground, Inc., through BuyBoard, for the
Public Works Department.
ORDINANCE NO. 14,187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-TWO THOUSAND
FIVE HUNDRED AND N0/100 DOLLARS ($62,5W.00) TO TEXAS
UNDERGROUND, INC., THROUGH THE TEXAS LOCAL GOVERNMENT
PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF
ONE (1) 2019 MODEL NO. 7934 PIPEHUNTER WITH TANDEM TRAILER
FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing the purchase of one (1) John Deere 5090E
Tractor with batwing and one (1) John Deere 6X4 Gator from Brookside Equipment
through the Texas Local Government Purchasing Cooperative (BuyBoard) for the Public
Works Department.
ORDINANCE NO. 14,188
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-NINE THOUSAND
THREE HUNDRED FOURTEEN AND 66/100 DOLLARS ($79,314.66) TO
BROOKSIDE EQUIPMENT, THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE
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September 26, 2019
Page 18 of29
PURCHASE OF ONE (1) JOHN DEERE 5090E TRACTOR WITH BATWING
AND (1) JOHN DEERE 6X4 GATOR FOR THE PUBLIC WORKS
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing the renewal of the Annual Sludge Disposal
Contract with Sprint Transport, LLC.
ORDINANCE NO. 14,189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT
WITH SPRINT TRANSPORT, LLC, F/K/A RUSTIN TRANSPORTATION
COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN THE SUM OF TWO HUNDRED THIRTY-FIVE THOUSAND
THREE HUNDRED SEVENTY-NINE AND 52/100 DOLLARS ($235,379.52);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing Amendment No. 1 to the Services Agreement
with The University of Texas M.D. Anderson Cancer Center in furtherance of its Healthy
Communities initiatives.
ORDINANCE NO. 14,190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST
AMENDMENT TO THE SERVICES AGREEMENT WITH THE UNIVERSITY
OF TEXAS M.D. ANDERSON CANCER CENTER; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the sole source purchase of Axiall Accu-Tab
Hypochlorite Solution Tablets from Progressive Commercial Aquatics, Inc., for water park
maintenance.
ORDINANCE NO.14,191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE HUNDRED
FORTY THOUSAND AND NO/100 DOLLARS ($140,000.00) TO
PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR THE SOLE -
SOURCE PURCHASE OF AXIALL ACCU-TAB HYPOCHLORITE
SOLUTION TABLETS; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 26, 2019
Page 19 of 29
k. Consider an ordinance authorizing the sole source purchase of Neptune water
meters, parts, and supplies for meter maintenance from Core & Main LP.
ORDINANCE NO. 14,192
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO
HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($290,000.00) TO
CORE & MAIN LP, FOR THE PURCHASE OF NEPTUNE WATER METERS,
PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Consider an ordinance approving a contract with the Bay Area Rehabilitation
Center for park cleaning, janitorial services and titter removal.
ORDINANCE NO. 14,193
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 CONTRACT WITH
BAY AREA REHABILITATION CENTER FOR PARK CLEANING,
JANITORIAL SERVICES, AND LITTER REMOVAL; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED FOUR THOUSAND NINE HUNDRED NINETY-
TWO AND NO/100 DOLLARS ($104,992.00); MAKING OTHER
PROVISIONS RELATED THERETO AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
In. Consider an ordinance authorizing an Industrial District Agreement with Lone Star
NGL Asset Holdings II, LLC.
ORDINANCE NO. 14,194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH LONE STAR NGL ASSET HOLDINGS II, LLC; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
n. Consider an ordinance authorizing an industrial District Agreement with HMT
LLC.
ORDINANCE NO. 14,195
City Council Regular Meeting Minutes
September 26, 2019
Page 10 of 29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH HMT LLC; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
o. Consider an ordinance authorizing an Industrial District Agreement with West
Texas Drum Company, LTD.
ORDINANCE NO. 14,196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH WEST TEXAS DRUM COMPANY, LTD.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
p. Consider an ordinance authorizing an Industrial District Agreement with Air
Products, LLC.
ORDINANCE NO. 14,197
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AIR PRODUCTS LLC; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
q. Consider an ordinance authorizing an Industrial District Agreement with
Monument Chemical Baytown, LLC.
ORDINANCE NO. 14,198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH MONUMENT CHEMICAL BAYTOWN, LLC; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
r. Consider an ordinance authorizing an Industrial District Agreement with
Ameriport Building 1, LLC.
ORDINANCE NO. 14,199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
City Council Regular Meeting Minutes
September 26, 2019
Page 21 of 29
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AMERIPORT BUILDING 1, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing an Industrial District Agreement with Duna
USA, Inc.
ORDINANCE NO. 14,200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH DUNA USA, INC.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
U. Consider an ordinance authorizing an Industrial District Agreement with NRG
Texas Power LLC.
ORDINANCE NO. 14,201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH NRG TEXAS POWER LLC; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider an ordinance authorizing an Industrial District Agreement with Taylor -Wharton
America, Inc.
ORDINANCE NO. 14,202
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH TAYLOR-WHARTON AMERICA INC.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
W. Consider an ordinance authorizing an Industrial District Agreement with Pure Salt
Baytown LLC.
ORDINANCE NO. 14,203
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
City Council Regular Meeting Minutes
September 26, 2019
Page 22 of 29
AGREEMENT WITH PURE SALT BAYTOWN, LLC; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
X. Consider an ordinance authorizing an Industrial District Agreement with Sumner
Baytown Buildings, LLC.
ORDINANCE NO. 14,204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH SUMNER BAYTOWN BUILDINGS, LLC; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
y. Consider an ordinance authorizing an Industrial District Agreement with
Ameriport Building 11, LLC.
ORDINANCE NO. 14,205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AMERIPORT BUILDING 11, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Z. Consider an ordinance authorizing an Industrial District Agreement with CP
Chambers Land Development, LLC.
ORDINANCE NO. 14,206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH CP CHAMBERS LAND DEVELOPMENT, LLC; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
aa. Consider an ordinance authorizing an Industrial District Agreement with NSN
Properties, LLC.
ORDINANCE NO. 14,207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH NSN PROPERTIES, L.L.C.; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 26, 2019
Page 23 of 29
bb. Consider an ordinance authorizing an Industrial District Agreement with
Ameriport Building 8, LLC.
ORDINANCE NO. 14,208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AMERIPORT BUILDING 8, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
CC. Consider an ordinance authorizing an Industrial District Agreement with
Ameriport Building 7, LLC.
ORDINANCE NO. 14,209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AMERIPORT BUILDING 7, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
dd. Consider an ordinance authorizing a Payment in Lieu of Taxes Agreement with
S.A.F.E. Chemicals, LLC.
ORDINANCE NO. 14,210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A PAYMENT IN LIEU OF TAXES
AGREEMENT WITH S.A.F.E. CHEMICALS, LLC; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ft. Consider an ordinance authorizing a Payment in Lieu of Taxes Agreement with
Alajen Bay 10 Properties, LLC.
ORDINANCE NO. 14,211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A PAYMENT IN LIEU OF TAXES
AGREEMENT WITH ALAIEN BAY 10 PROPERTIES, LLC; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ff. Consider an ordinance authorizing a Professional Services Agreement for the
Houston High Intensity Drug Trafficking Area Program with MSM Resources
Corporation.
City Couucil Regular Meeting Minutes
September 26, 2019
Page 24 of 29
ORDINANCE NO. 14,212
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.
gg. Consider an ordinance authorizing an Interlocal Cooperation Contract with the
Texas Department of Public Safety regarding the Failure to Appear Program.
ORDINANCE NO. 14,213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT
OF PUBLIC SAFETY REGARDING THE FAILURE TO APPEAR
PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
hh. Consider an ordinance authorizing the extension of a Services Agreement
with CareHere Management, PLLC, for the administration of an employee wellness clinic,
including medical services and supplies.
ORDINANCE NO. 14,214
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 SECOND AMENDMENT TO AND
EXTENSION OF THE AGREEMENT WITH CAREHERE MANAGEMENT,
PLLC, FOR THE ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC,
INCLUDING MEDICAL SERVICES AND SUPPLIES; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO
EXCEED ONE HUNDRED FIFTY THOUSAND AND NO1100 DOLLARS
($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
U. Consider an ordinance authorizing the City Manager to negotiate with Concentra
Health Services, Inc., for the administration of an employee health clinic, including medical
services and supplies for the one-year term commencing January 01, 2020.
ORDINANCE NO. 14,215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
ENTER INTO A SERVICES AGREEMENT WITH CONCENTRA HEALTH
City Council Regular Meeting Minutes
September 26, 2019
Page 25 of 29
SERVICES INC., FOR AN EMPLOYEE HEALTH CLINIC, INCLUDING
MEDICAL SERVICES, SUPPLIES AND LOCATION; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO
EXCEED FIVE HUNDRED TWENTY-EIGHT THOUSAND AND NO/100
DOLLARS ($528,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
jj. Consider an ordinance authorizing an Interlocal Agreement with Lee College
District for the use of their Wellness Center and Swimming Pool by the City Council
Members and City employees.
ORDINANCE NO. 14,216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE
DISTRICT FOR THE USE OF THE WELLNESS CENTER AND SWIMMING
POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
11. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel
Fuel Contract to Gold Star Petroleum, Inc.
ORDINANCE NO. 14,217
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE
AND DIESEL FUEL CONTRACT WITH GOLD STAR PETROLEUM, INC.;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF
ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($1,200,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
mar. Consider an ordinance authorizing a License Agreement with Harold I. Maris to
allow a certain awning at 207 W. Defee to protrude into the right-of-way.
ORDINANCE NO. 14,218
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 LICENSE
AGREEMENT WITH HAROLD I. MARIS TO ALLOW AN AWNING AT 207
W. DEFEE AVENUE TO PROTRUDE INTO THE RIGHT-OF-WAY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 26, 2019
Page 26 of 29
rr. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of certain property situated in Industrial District No. 3, Chambers County,
Texas, and formerly subject to an industrial district agreement between the City of
Baytown and CenterPoint Energy Houston Electric, LLC.
RESOLUTION NO.2613
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR
THE INVOLUNTARY ANNEXATION OF CERTAIN PROPERTY OWNED
BY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, AND
DESCRIBED AS APPROXIMATELY 10.304 ACRES OUT OF THE J
ARMSTRONG SURVEY, CHAMBERS COUNTY, TEXAS;
APPROXIMATELY 15.950 ACRES OUT OF THE WILLIAM BLOODGOOD
SURVEY, CHAMBERS COUNTY, TEXAS; APPROXIMATELY 33.172
ACRES OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22,
CHAMBERS COUNTY TEXAS; APPROXIMATELY 0.530 ACRES OUT OF
THE J. STEELE SURVEY, ABSTRACT 227, CHAMBERS COUNTY, TEXAS;
APPROXIMATELY 4.421 ACRES OUT OF THE J. STEELE SURVEY,
ABSTRACT 227, CHAMBERS COUNTY, TEXAS; APPROXIMATELY
15.780 ACRES OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22,
CHAMBERS COUNTY TEXAS; APPROXIMATELY 10.870 ACRES OUT OF
THE CHRISTIAN SMITH SURVEY, ABSTRACT 22, CHAMBERS COUNTY
TEXAS; APPROXIMATELY 1.52 ACRES OUT OF THE J GRANT SURVEY,
ABSTRACT 102, CHAMBERS COUNTY, TEXAS; AND APPROXIMATELY
59.83 ACRES OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22,
CHAMBERS COUNTY TEXAS; ALONG WITH SUCH PROPERTY, IF ANY,
NECESSARY TO MAKE SUCH PROPERTY CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ww. Consider a resolution nominating a person to serve on the Board of Directors of the
Chambers County Appraisal District,
RESOLUTION NO, 2614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING ONE OR MORE CANDIDATES FOR POSITIONS
ON THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY
APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
A motion was made by Mayor Pro Tem Robert C. Hosicins and seconded by Council Member
Heather Betancourth approving to suspend consent agenda items 7,s. and 7kk, to a meeting no
later than November 30, 2019. The vote was as follows:
City Council Regular Meeting Minutes
September 26, 2019
Page 27 of 29
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tem Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
7.s. Consider an ordinance authorizing an Industrial District Agreement
with CenterPoint Energy Houston Electric, LLC.
7.kk. Consider an ordinance authorizing the purchase of Microsoft Office 2019 from SHI
Government Solutions.
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
Heather Betancourth approving to suspend indefinitely consent agenda items 7nn. through 7qq.
and 7ss. through 7w. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tem Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
7.nn. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of certain property described 70.259 acres of land situated in the John Ijams
Survey, Abstract Number 15 and the John Steel Survey, Abstract Number 227, Chambers
County, Texas, which property is in Industrial District No. 3 and owned by Sumner
Baytown Buildings, LLC, along with such property, if any, necessary to make such
property contiguous to the corporate limits of the City of Baytown.
7.00. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of certain property situated in Industrial District No. 3 and owned by Pure Salt
Baytown, along with such property, if any, necessary to make such property contiguous to
the corporate limits of the City of Baytown.
7.pp. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of the property described as 11.568 acres of land situated in the W.D. Smith
City Commis Regular Meeting Minutes
September 26, 2019
Page 28 of 29
Survey, Abstract 23, Chambers County, Texas, and formerly subject to an industrial
district agreement between the City of Baytown and NSN Properties, LLC.
7.qq. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of certain property situated in Industrial District No. 3, Chambers County,
Texas, owned by CP Chambers Land Development, LLC, and described as approximately
(1) 350.685 acres out of the Thomas Shepherd Survey, Abstract 229, (ii) 10 acres located
within the Thomas Shepherd Survey, Abstract 229, and (111) 9.082 acres out of the C. Smith
Survey, Abstract 22, Chambers County, Texas, along with such property, if any, necessary
to make such property contiguous to the corporate limits of the City of Baytown.
7.ss. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of certain property situated in Industrial District No. 3, owned by Ameriport
Building 8, LLC, and described as approximately 3.559 acres of land situated in the George
L Short Survey, Abstract 228, Chambers County, Texas, along with such property, if any,
necessary to make such property contiguous to the corporate limits of the City of Baytown.
71t. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of the property situated in Industrial District No. 3, owned by Ameriport
Building 11, LLC, and described as approximately 14.167 acres of land situated in the R A
Porter Survey, Abstract 205, Chambers County, Texas, along with such property, if any,
necessary to make such property contiguous to the corporate limits of the City of Baytown.
7.uu. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of the property situated in Industrial District No. 3, owned by Ameriport
Building 7, LLC, and approximately 17.110 acres of land, being all or a part of Restricted
Reserve A out of the Section 8 of the Ameriport Minor Plat, Chambers County, Texas,
along with such property, if any, necessary to make such property contiguous to the
corporate limits of the City of Baytown.
7.w. Consider a resolution directing the preparation of a service plan for the involuntary
annexation of certain property described as 11.2600 acres of land situated in the R.A.
Porter Survey, Abstract No. 205, Chambers County, Texas, and formerly subject to an
industrial district agreement between the City of Baytown and Ameriport Building 1, LLC,
along with such property, if any, necessary to make such property contiguous to the
corporate limits of the City of Baytown.
8. APPOINTMENTS
a. Consider confirmation of the City Manager's appointment of an Assistant City
Manager.
City Manager Davis presented the agenda item to consider his appointment of Nick Woolery as
an Assistant City Manager.
City Council Regular Meeting Minutes
September 26, 2019
Page 29 c,1729
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem
Robert C. Hoskins approving City Manager Davis' appointment of Nick Woolery as an Assistant
City Manager. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pm Tem Robert C. Hoskins
Nays: None
Other: Council Member Chris Presley (Not Present for Vote), Council Member
David Himsel (Absent)
Approved
9. MANAGER'S REPORT
a. The Annual Nurture Nature Festival will be held at the Baytown Nature Center on
Saturday, October 12, 2019, from 10:00 A.M. to 4:00 P.M.
Ms. Barton presented the agenda item and stated that the annual Nurture Nature Festival returns
to the Baytown Nature Center, 6213 Bayway Drive on Saturday, October 12, from 10:00 A.M. to
4:00 P.M.; additionally, she noted that offsite parking and shuttle transportation would be
available.
10. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the September 26,
2019, City Council Regular Meeting at 8:20 P.M.
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Leticia Brysch, City Cler Nd�e
City of Baytown f1y',.r ,,