2014 01 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL,
OFT] IE CITY OF BAYTOWN
January 09, 2014
The City Council of the City of Baytown, Texas, met in a Regulai Meeting on Thursday. January
09, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Sheet,
Baytown,. Texas with the following in attendance:
.Brandon Capcfillo Council Member
Robert Hoskins Council Member
David McCartney Council Member
Chris Presley Council Member
Mercedes Renteria 'Council Member
......'Terry Sain Council Member
Stephen Fl. DonCarlos Mayor
Robert D. Leiper .City Manager
Ron Bottoms. Deputy City Manager
Kevin Trotter :Assistant City Manager
Ignacio Ramirez .City Attorney
Alisha Brinsfield Deputy City Clerk
Keith Dougherty "Sergeant at Arms
Mayor DonC rlos convened the Jamnm 09, 2014, City Council Regutai iAleeting iiuh a quorum
present at 6::30 P.M., all members were present.
('ledge of Allegiance, Texas Pledge, add Invocation was led by Council Menibcr Renteria
1. mumv hS
a. Consider appeocing the minutes of the City Council Regular Meeting held oil
December 12, 2013.
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C.
Hoskins approving the December 12, 2013, City Council Regular Meeting minutes. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos Council Member Brandon Capetillo. Mayor
Pro Tcm Robert C. I loskins, Council Member David McCartney, Council
Member Mercedes Renteria 111, Council Member Terry Sain, Council
Member Chris Presley
Nays: Nome
City Council Regular. Meeting Ntinutes
January 09, 2014
Page 2 of 24
Approved
2. RECOGNITIONS AND CITIZEN CONINA UNICATIONS
a. ills. Brenda Medina requested to appear before Council to address safety concerns
of residents on IIWY 146 N.
Ms. Medina stated that her address was 8319 White Willow Lane, in the Pine Meadows
Subdivision. She stated that her request is for the City to evaluate the unsafe conditions of
Highway 146 north and provide for a safer corm ute for everyone.
City Manager Leiper stated that the issues brought up have been in process for a ",]tile and
during the discussion with TxDOF, they have offered to re- evaluate the speed.. as they have
before resulting in the increase of the speed limit.
lie stated that there are two traffic signals that have been aathm iredby 1.xDOT to be constructed
soon. He also stated that Council awarded a contract for a signal at the entrance of the new Wal-
Mart, that Goose Creck will be constructing a signal at the roadway, which feeds to the entrance
of their new school, and that there is another one authorized at Old Needlepoint Road. City
Manager Leiper further stated that it was his understanding that those are all the only signals that
TxDOT will allow on that highway because too many tights would results in had traffic flow. I le
further stated that the City had been awarded a grant for the synchronization of all the
:intersections in this are to provide for a better traffic flow and that believed that to some extent,
the speed issues could be better regulated through the appropriate timing of traffic signals.
City Manager Leiper stated that once the next two traffic signals are installed and operating,
there is a plan to request that TxDOT study the road because he believes that with the additional
.signals, along with the police enforcement that is currently there, traffic will slow down. Tie
stated that at this time, there is no ttrnehannc for the Needlepoint signal, and that development
would decide its timefrurue.
City Manager Leiper also stated that if TzDOT will give the City the authority to set the speed
,limit on that roadway, lie would: immediately propose the speed limit to be reduced to 50 miles
pat hour, However, in the meantime, he stated that some commercial vehicle officers had been
:deployed and routed to this area for additional enforcement City Manager Leiper stated that
there will be signal indicators installed on the new traffic lights to help when an officer has to
.testify in court, .tad that a multi- jurisdictional meeting is being scheduled to discuss many of
the's'e concerns. Additionally; City Manager Leiper stated that about two (2) years ago, a request
was made to the Houston-Galveston Area Council to add a fly -over on Highway 146 over 1 -10 to
their transportation improf content plan.
During further discussion, City Mi naget Leiper stated for clarification proposes. that TxDOT has
to approve the red lights being requested and per state law, a signal warrant analysis must be
'done and the signal must meet acertain number of the warrants, in order to be a valid signal.
City Counei I Regular Meeting Minutes
January 09, 2014
Page 3 of 24
Mayor DonCarlos inquired if additional patrol officers would be added to this area. City
Manager.Leiper- stated that he authorized overtime for additional calm cement in this area.
3. PUBLIC HEARINGS
a: Conduct the first public hearing regarding the proposed voluntary annexation of
approximately 125.169 acres of land shunted in the Talcott patching Survey, Abstract 620,
Harris County, Texas, at the northwest corner of Wallisville Rd. and Garth Rd.
At 6 :52 P.M., Mayor DonCarlos opened and conducted the first public hearing regarding the
proposed voluntary annexation of approximately 125.169 acres of land situated in the Talcott
Patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville Rd.
and Garth Rd.
City Manager Leiper stated that the applicant Sowell Wallisville Partners,.L.P., has indicated the
intended use of the property as commercial development fronting Garth and Wallisville Roads,
and an approximately 490 single farndy residential lot subdivision behind the commercial
property. Annexation is being requested in order to extend city utilities to the site. Ire stated that
on November 18, 2013, the City Council approved a resolution granting the petition and
directing staff to create a service . plan for the proposed area to be annexed. He stated that the
total area of MUD 213B was not included in the original application and needed to be revised so
this item was resubmitted on the December 12, 2013, meeting to include tine remaining area
which added an additional 13+ acres.
With there being no one registered to speak, Mayor DonCarlos closed the first public hearing at
6:55 P.M.
b. Conduct the second public hearing regarding the proposed voluntary annexation of
approximately 125.169 acres of land situated in the Talcott Patching Survey, Abstract 620,
Harris County, Texas,.at the northwest corner of Wallisville Rd. and Garth Rd.
At 6:56 P. M., Mayor DonCarlos opened and conducted the second public hearing regarding the
proposed voluntary annexation of approximately 125.169 acres of land situated in the Talcott
Patching Survey, Abstract 620, Harris County, Texas, at the northwest corner of Wallisville Rd.
and Garth Rd.
With there being no one registered to speak, Mayor DonCatlos closed the second public hearing
at 6:57 P.M.
4. ZONING MAP AMENDMENT- 0 INDEPENDENCE BLVD.
a. Conduct a public hearing concerning a proposed amendment to the official zoning
map for a property of approximately 1.33 acres legally described as Reserve E of San
Jacinto Crossing to be rezoned from Medium Density Mixed Residential (MFI) to General
.Commercial (GC).
City Council Regular Meeting Minutes
January 09, 2014
Page of24
At 6:58 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to the official zoning map for a property of approximately 1.33 acres legally
described as Reserve E of San Jacinto Crossing to be rezoned from Medium Density Mixed
Residential (ME]' to General Commercial (GC).
City Manager Leiper "stated that the property owner believes the property is best Stated for
commercial devclppment, similar to that which already exists in the area. lie stated that on
December 17, 2013, the Planning and Zoning Commission voted to recommend the zoning map
amendment by unanimous vote.
With there being no one registered to speak, Mayor DonCarlos closed the public honing at 7:00
P.M.
b: Consider an ordinance authorizing an amendment to the official zoning map for a
property of approximately 1.33 acres legally described as Reserve E of San Jacinto
Crossing to be rezoned from Medium Density Mixed Residential (MRI) to General
Commercial ((: ;C').
A motion was made by Council Member Terry Sain and seconded by Mayor Pro `rent Robert C.
Hoskins approving Ordinance No. 12,444. All members agreed with the motion by raising their
might hands. The vote was is billows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayoi-
Pro Teo Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO 12.444
AN ORDINANCE OF ']TIE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, .AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
"BAYTOWN TO REZONE. APPROXIMATELY 1.33 .ACRES LEGALLY
DESCRIBED AS RESERVE E OF SAN JACINTO CROSSING TO BE
REZONED FROM A MEDIUM DENSITY MIXED RESIDENTIAL (MFI)
ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING
" D1S`1RIC'rt PRESCRIBING A MAXIMUM PENAL:I`Y OF TWO THOUSAND
AND NO /I00 DOLLARS (52.00000): PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR LIFE
PUBLICATION AND EFFECTIVE DATE THEREOF.
City Council Regular heating Minutes
7anum v 09, 2014
Page 5 of 24
5. Z,UNINC; MAP AMENDMENT- CORNER OF WARD RD AND BEAUMONT SI
a. Conduct n public itcarhng concerning a proposed amendment to the official zoning
.trial for property, of approximmtely 5.6 acres, namely Tracts WE and 10F -1 out of the W
Britton Survey, Abstract 118, Harris County, Texas, located at the northwest corner of
Ward Road and Beaumont Street; Tract B (Business Site), Tract 4B -5, 4R -3, 413-4, and B -I
out of the W Britton Survey, .Abstract 118, Hill Terrace See. 1; and Tracts 413 -3A, 4C, 37,
and 4R out of the W Britton Survey, Abstract 118, Hands County, Texas, located on the
northeast corner of Ward Road and Beaumont Street frog it ;nixed Use (MU) District to a
General Commercial (GQ District.
Catty Manager I caner stated that staffs recommendation for agenda items 5.a and 6.a: changed.
Ile stated that staff' was approached by the owners of the church, requesting to rezone it from
SFlto Geneitd Commeacial (GC), lie stated that staff could not rezone the area requested
Without raising the specie; of spot zoning. He stated that the planning and development stair anti
the planning and zoning commission looked at :adjacent properties that might be appropriate for
FeZtinhw, to GC and if the C ov rezone:d the area it would mako those businesses non - conforming,
which is not nvhat staff wants to do. lie stated that because of the non- confmanine concern.
haft's recommendation on this item and the next item is ['or disapproval of the proposed
amendment while staff looks at another solution to retonoig this area
At 7 :00 PAC, Mayor Don('arlos opened and conducted it public hearing concerning a proposed
amendment to the official zoning map for property of approximately 5.6 acres, namely Tracts
IOF and I OF -I out of the W Britton Sol vey, Abstract 118, llanis County Texas. located at the
northwest comer of Ward Road and Beaumont Street: 'Tact B (Business Site), Tract 413 - >, 4B -3,
4B -4, and B -I out of the W Britton Survey, Abstract 118,.full Terrace Sec I, and'I'racts 4B -3A,
4C, 37, and 4B out of the W Britton Survey,. Abstract I I$, Harris County Texas, located on the
northeast canner of Ward Road and Beaumont Street from a Mixed t }se IMU) Disuict to a
General Commercial (GC) Disnict.
41r. Brent Benou registered to speak before tine public hearing and stated that m'cspectivc of how
Council votes on agenda item 5.a., there still is it reason to grant the application on agenda itern
C,:a..an,[ requested to (Merhis time to speak,: until agenda item 6.a. is considered.
Mayor DonCarlos closed the public hearing at 7:06 P.M.
b. Consider an ordinance authorizing air ameutfinent to the official Zoning map for
property of approximately 5.6 acres. namely Tracts 10F and 10F -I out of the W Britton
Survey, Abstract 118, Harris County, Texas, located at the northwest corner of Ward Road
and Beaumont Street; Tract B (Business Site), Tract 4B -5, 413-3, 413-4, and B -I out of the W
Britton Survey, Abstract 118, Hill Terrace Sec. 1; and Tracts 4B -3A, 4C, 37, and 4B out of
the W Britton Survey, Abstract 118, Harris County, Texas, located on tire northeast corner
of Ward Road and Beaumm�t Street from a Mixed Use (MU) District to a General
Commercial (GC) District.
City Council Regular Meeting Minutes
January 09, 2014
Page 6 of 24
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney to deny the approval of Htc proposed amendment of agenda treat 5.b. The votewas as
follows:
Ayes: Mayor Stephen DonCafilos, Council Member Brandon Capetillo, Mayor
Pro `feu Robert C Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain,. Council
Member Chris Presley
Nays: None.
Approved
6. ZONING iNIAP AMENDMENT- CHORCII OF CHRIST
a. Conduct a public hearing concerning it proposed amendment to the official zoning
aap'for property located at 1600 112 North 7th Street, being approximately 0.88 -acres at
the northeast earner of North 7th Street and Ward Road, and legally described as Lots 6
through 12, Block 4, Outlawn Terrace Subdivision, Harris County, Texas, from Mixed
Residential at Low to Medium Density (SF2) District to General Commercial ((;C) District.
At 7:07 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed
amendment to tine official zoning reap for property located at 1600 172 North 7th Street, being
.approximately 0,88-acres at the northeast corner of North 7111 Street and Ward Road, and legally
.described as Lots 6 through 12, Block 4, Outluwn Terrau: Subdivision, Harris Count),, Texas,.
front Mixed Residential at Low to Medium Density (SF2) District to General Commercial (GC)
District.
City Manager Leiper "stated that the item shows recommendation for approval predicated on the
rezoning of the previously discussed area to GC. He stated that as staff does not support the
rezoning of the area discussed, they are requesting to deny the rezoning of the applicants request
for this item with concerns of spot zoning. During Further discussion, Council Member
McCartney stated that the property didn't tnect the setback requnements for GC:. Council
Member Presley recommended a text change could possibly be a solution.
Mr Biem Benoit registered to .speak before the public hearing and stated that they have been
marketing tire property as a church for a Tong period of tune,. but have been unsuccessful in
marketing to other churches. He stated that they have a buyer with the closing date of February
9th, but if the application is denied, they would not be able to close on the contract He stated
that this is a serious issue because thev were net aware that the application would be denied until
tonight's council meeting, which doesn't provide them with enough time to respond to the
reasons that the application is being denied, Mr. Benoit stated that most of the properties along
this area of Ward Road to North Alexander are commercial and the particular proposed property
is not benoficiat for residential use Plc stated that denying this zoning application could be
City Council Regular Mceting Minutes
January 09, 3014
Parse 7 of 24
considered confiscator y because there are commercial uses that surround this property: Mr.
Benoit stated that lie strongly urged Council to consider approving the zoning application..
During further discussion, Council Member McCartney asked Mr. Benoit if he could disclose the
use of the property. Mr. Benoit stated that the buyer plans to use the . building as it restaurant.
Council Member Cirpotdlo asked if there was the ability to reduce the amount of the zone that's
proposed. City Manager Leiper stated that the zone could be reduce(], but not enlarged. Mr.
Benoit stated that they would he happy to work the staff, if thcre's a use fir this property.
City Manager Leiper requested that this itcm be suspended to allow staff to review, other possible
solutions regirchro this zoning application.
Mayor DonCailos closed the public hcarutg at 771 P.M.
b. Consider an ordinance to rezone property located at 16110 1/2 North 7th .Street,
approximately 0. 88 -acres at the northeast corner of North 7th Street and Ward Road. and
legally described as Lots b through 12, Block 4, Outlawn Terrace Subdivision, Harris
County, Texas, fron a Mixed Residential at Low to Medium Density (SF2) District to
:General Commercial (GC) District.
A.motion was made by Mayor ])to `rem Robert C. Hoskins- and seconded by Council Member
:Chris Presley to table item 6b. until later in the meeting. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
No Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Menthol Terry Sain, Council
Member Chris Presley
Nays: None
Approved
Mayor Don( arlos stated that meeting would forward startitig w nh agenda item 7.a.
PROPOSED ORDINANCES
a. Consider an ordinance for the first reading of annexation of a 10 -foot wide strip of
land north oi' Interstate 10, along the east side of Sjolander heading northeast ,just south of
Wallisville Road through the pipeline corridor and terminating at Cedar Bayou, Harris
:County, Texas.
:City Manager Lciper presented the agenda item and stated that on November 13,201:1, the City
"Council approved it resolution granting the petition of Chcvron Phillips Chemical Company, LP,
and directed staff to create a service plan for the proposed area to be annexed, He stated that
!notices for the first and second public hearing were published in the November 26. 2013, issue of
Clrt Council PggalarMecting Minutes
Jnnuary 09.2014
Page 8 of 24
the Baytown Sun and posted on the city's website and notice board nn the Santa day. Ile stated
that the Ist and 2nd public hearings were held on Deceinber 11 2013, in the Council Chambers
and tire second readingtrl the ordinance and completion of annexation proceedings ',Ile Scheduled
for February 13, 2014.
A motion was made by Council Member Mercedes Renteria III and seconded by Mayor I'ro Tem
Robert C. Hoskins approving Ordinance No. 12,44; File vote was as follows:
Ares: Mayo Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pur `Iem Robert C, Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member ferry Sain, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO 12,445
AN ORDINANCE OF THE CITY CIOUNCIL OF TI IF CITY OF BAYTOWN.
TEXAS, MAKING CERTAIN FINDINGS: PROVIDING FOR THE
FVI'ENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, 'TEXAS, AND THE ANNEXATION OF A 10- FOOT WIDE
STRIP 01: LAND NOR I'll OF INTERSTATE 10, ALONG TI IE EAST SIDE OF
SJOLANDER 1IFADIN6 NORTHEAST JUST SOUTH OF WALL ISVII.LE
ROAD THROUGI I 111F PIPELINE CORRIDOR AND TERMINATING AT
CEDAR BAYOU, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY
.LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS
FOR THE C TTY Oh BAYTO1\ N, TEXAS..
b: Consider an ordinance authorizing the First Amendment In the Economic
Development Agreement with KILVI Golf LL.C.
City Manager Leiper presented the agenda item and stated that the City of Bayiok%n entered into
ate Economic Development Agreement with KIWI on January 14. 2013, to provide incentives
and financial assistance to KRVI to enhance and stimulate business and cotntnercial activity in
the City. Ile stated that in consideration of the City's providing certain economic development
grants, an economic development loan, and property within the City, RR1't agreed to satisfy and
comply yvith the terns and conditions contained in the Agreement, including the establishment of
Jobs, creation of taxable value, and the establishment of KIWI'S headquarters, warehouse, and
manufacturing facilities. He Stated that the recommendation to Council is for the following
changes to the dines to be as follows:
Cit} Council Regular Meeting Minutes
.January 09, 2014
Page 9 of 24
;Ms. Judy Dubose. a representative of KIWI Golf l I.0 , presented to council. it sample of the first
tees that were main in Arnerica,.iit the state of 7 e.vas. She stated that they currently have seven
employees whom are all Baytonians, with one otter for another employee pending. She stated
that they are preparing to attend the PGA show this Near, and that they are advertised in the PGA
rind Golf Digest magazines. Ms. Dubose stated that the tee being piesented to Council is tieing
manufactured at 5,000 a day in one color, and as they move forward %Gould be the type of
Production that they are planning to do in Bayto%%n She stated that they have other packaging
material that is made in the USA.
Council Member Presley inquired if there %mere any personal guarantees in exchange For the
atlouance of more tine, considc..ring that the City had lien rights to thrc transaction. .City
Manager Lerper stated that there were tits guarantees.
Amotion was made by Council Alember Terry Sain and seconded by Council Member Mercedes
Rentet'ia III approving Ordinance No, 12,446. The vote %% as as follow:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tent Robert C. Hoskins, Council Member David McCartney, Council
Mcmher Mercedes Renteria 111, COnnCH Member Terry Sent, Council
Member Chris Presley
Mays Nine
Approved
:ORDINANCE NO. 12.446
AN ORDINANCE OF i'lIF CITY COUNCIL OF THE ('If Y.017 BAYTOWN,
TEXAS, AUTHOdmiN, G T1iE CITY MANAGER 70 EXECUTE ANTS THE
CITY CLERK 'It) .A` FFS IS "P TO THE FIRST AMI.NDMFNT TG THE
ECONOMIC DUXELOPMENT AGREEMLNI WITH KIWI GOLF t LC, AND
PROVIDING FOR THE EFFECTIVE DATE "I'IIF.REOF
C. Consider an ordinance approving the Professional Service: Agreement hehveen the
Ba}4own Area Water Authority and Jones & Carter, Inc., for the Baytown Area Water
Authority 6 AIGD Surface Water Treatment Plant.
City Manager Leiper presented the agenda item and stated that the state haw creating the
Baytown Area Water Authority (BAWA) requires dial the City Council approve BAWA's
contracts. He stated that Ordinance No. 12,447 confirms the Baytown Area Water Authority's
City Council Re "zuku Meeting Minutes
- January 09, 2014
Paec 10 of 24
Professional Service Agreement with Juries & Carter, Inc- for the design of the Baytown Area
Water Authority 6 MGD Surface Water "Treatment Plant in am amount not to exceed
53,88839000 Ile slated that on September T6, 2013, the BAWA Board of Directors chose
Jones & Carter, Inc., to providc design, construction :md construction management services fm*
the 13AWA 6 MGD Surface Water "Trein tent Plant and approved this agreement subject to City
Council's approval at its meeting; on December IS, 2013.
A motion was made by Mayor Pro Fenn Robert C. Hoskins and seconded by Council Nlember
Terry sain approving. Ordinance No. 12,447: 'fhe rote was as follows:
Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Mayor
Pro Tem Robert C. Hoskins, Council Member David McC:amicy_ Council
Member Mercedes Renteua III, Council Member Terry Sari, Council
Member Chris Preslev
Nays: N Inc.
Approved
ORDINANCE NO. 12.447
AN ORDINANCE OF THE CITY COUNCIL OF HIF CITY OF BAYTOWN,
TEXAS, APPROVING THE PROFESSIONAL SERVICE'S AGRFFMEN'f
BETWEEN THE BAY`f0WN AREA WATER AU] HORITY AND JONES &
CARTER, INC.. FOR THE BAYTOWN AREA WATER AUTHORI9'Y 6 MGD
SURFACE WATER 1'RE-AT;MENT PLAN°F IN AN AMOUNT NO`r TO
EXCEED THREE MILLION EIGHT HUM —)RID EIGHTY-F16111
THOUSAND TIIRFE HUNDRED EIGIITl' AND NO1100 DOLLARS
(.S3,14N,380.00); AND PROVIDING FOR 1 HE EFFPC FIVE DATE FHE.REOF,
d. .Consider an ordinance repealing Section 98 -55 "Utility upgrade Surcharge" of the
Code of Ordinances; Baytown, 'texas, which established a .$15 monthly surcharge for
:repairs to water and wastewater systems within Bay Oaks Harbor Subdivision (Amended),
Sections 2 -t0,
City Manager Leiper presented the agenda item and stated that in 2008, the assets of the private
utility system within Bay Oaks Harbor were transferred to the City of Baymwn %vith the approval
of' the Texas Commission on Emfi onmentnl Quality (' TCFQ") and the :District Court of'Fravis
County, Texas. He stated that once the transfer ryas completed and the ('try starter{ providing
water and wasteivater service directly to the residents in Bay Oaks Harbor, the City enacted a
surcharge to bring their private system up to City standards. He stated that the repair costs fat the
Bay Oaks I larbor water and wastewater systerns, totaling approximately $160,000, have now
been repaid, and the City mopped billing for the assessment as of June 2013. City Manager
Liaper stated that Ordinance No. 12,448 removes this section from the code of ordinances as it is
no longer necessary.
City Council Regular Meeting Minutes
January 09. 2014
Pane I i irf 24
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern
Robert C. Hoskins approving Ordinance No. 12,448, The vote was as follows:
Ades: Mayor Stephen DonCarlos, Council Member Brandon Capetillo. Mayor
I §o Tem Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria Ill, Council Member 1 eny Sain, Council
Member Chris Presley
'rays: None
Approved
ORDINANCE NO. 12.445
AN ORDINANCIt OF THE CITY OF BAYTOWN TEXAS, REPEALING
CHAPTER 98 't "hlL.l"PIES;' ARTICLE III "NVA'EER SERVICE, SECTION
95 -55 "UTILITY UPGRADE SURCHARGE" OF THE CODE Of-
ORDINANCES OF'IItE CITY OF t3AYtOWN. TEXAS. IN ITS ENTIRLA'Y;
PROVIDING A RF PEALING CLAUSE: CONTAINING A SAVINGS
CLAUSE: AND PROVIDING FORIIIE EFFECYIVE DAI'E 111FIREOF.
City Mahagel Leiper 1equesled that agenda be taken out of order and consider agenda near 9.a. "
them return to consider item 3.a,
9. DISCUSSIONS
a. Discuss proposed amendritents to tire text of the Unified Lead Development Code
and Chapter 62 "Natural Resources" of the Code of Ordinances regarding netr- or
expanded drilling, oil or, gas operations in the city.
City Manager Leiper presented the agenda item and stated that the Planning and Zoning
Commission ties held two public hearings and numerous special meetings to revicsa, discuss, and
receive written and verbal comments regarding now or expanded drilling, oil or gas operations
within the city. Ile stated that the Commission finalized its recommendation to the City Council
for proposed amendmoa is to the I TDC and Chapter 62 to address drilling olmations.
Ile further stated that this item gives City Council the opportunity to review the proposed
amendments prior to the required public hearing regarding the ourendment text that is scheduled
for the January 23rd meeting. City Manager Leiper stated than an overlay district for Ore Goose
Creek Oil Field is being recommended, which will ;allow, £or reasonable access to the minerals,
.protection to the resident;, and opportunities- for ample commercial development along the
Grand Parkway. Ile stated that the overlay is not a Zoning change, but is a Code change to
Chapter 62. which has been regulating oil and gas drilling as ler back as 1090. 1 l stated that in
going through the elements of the overlay, it was pointed out that there were things that needed
City Council Relndar Mccong Minutes
January 09, 2014
Page 12 of lq
to be updated in Chapter 62. He further stated that the purpose of the tU,DC is to have
information in the Code in one place and that the main topic tot discussion was the overlay, as
the changes to Chapter 62 is only an ordinance change, and is not required to go before the P &Z
Commission or public hearings.. City Manager L,eiper stated that the changes to Chapter 62 will
apply city wide, and his recommendation would be to leave the Heavy Industrial (HI)
designation for the rest of the city to he required for drilling, because he didn't want to encourage
more oil well drilling in the City of Baytown.
'File draft amendments to the ULDC include the following regulations:
• `file creation of a drilling overlay district for drilling, oil or gas operations within the
Goose Creck Oil Field;
• Applicants within the drilling overlay district call drill without a special use permit but a
.Chapter 62 permit is still required;
• Drilling, oil or gas operations proposed outside of the drilling overlay district world
require the property to be zoned Heavy Industrial, as allowed in the t 1LDC today; and
• Applicants within the Hfcavy Industrial zoning district Mould need to obtain a special use
permit specifically for drilling, oil or gas operations.
City Manager Leiper stated that the draft amendments to Chapter 62 "Natural Resources" include
the following:
• Addition and revision of certain definitions;
• Increased insurance requirements for drilling operations;
• Increased distance requirements for drilling locations;
• :Addition of requirement for a Hazardous Materials Management flan and Emergency
Response Plan, a Risk Management Plan, and an Infrastructure Maintenance Agreement
• Addition and revision of technical requirements; and
• Addition of a process to address well abandonment.
Mike Firizat, Reeves Holliman, Kirk Bustle. ,aid Reid Wilson all registered to speak on agenda .
item z9.a.
Mike Fiuzat, President and CEO of Foothills Resources Inc., stated that that they are the largest
owner and operators of the Goose Creek Fields. He stated that they support the proposed
amendments being presented.
Mr. Holliman, President of Holliman Oil Corporation, stated that they support the general idea of
fine overlay being preteMetL lie stated that roughly 95% of the tluids that they produce are water
and 5% is oil. He stated that they inject salt water back into tile formation in which it came.
Mr. kirk Bostic and Mr, Reid Wilson signed np to speak, but passed.
Cite Council Re<ml a \iecono Minutes
.tanu v 09, 2014
Page 13 or 24
Mr. Art Anderson with Wind Stale Fair staled that he represents the Wills and Texas Capital
Development Ile stated that they are in agreement with what has bean said and that they need to
work through issues concernhtg their tract of land that may potentially be in the overlay.
Council "Member Sain inquired if this pertained to just oil holds, City Manager f.eiper statezl for
clarity purposes, that tile ordinance addresses oil and gas, but the discussion is in referenced to
Just oil.
Council Ntembei McCartney inquired of the timebanie of the project once it starts and how
:many can be expected to be going on at a time. Mr. Hollimau stated that the deepest producing
formation of well that thec have is about 5,400 feet, and the tittle to drill and complete a well
such as that is 7 to 10 rhos. Mr. Nasal stated that theyanti6ipate that over the course of tile next
couple of ye.ats, they will drill in the neighborhood of five (5) to ten (10) with lite drill being
:done one well al a tittle. Additionally, Mr. Fiuzat stated that they plan to do a seismic survey=
ovei the Goose Crack Oil Hcld.
Ms. Dwala C agill stated that she hexes at 2547 Doral Drive aid canted to know why the drilling
has to he so deep and iffiacklug would be part of flue ordinance.
Mr. Ilollintan sf,Ved that the majority of their production does conic -from between I and 2,500
feet and the deepest formation are down at 5,000 feel where they have it handful of wells there.
He stated that they drill to the (lentil because that's Where the reservoirs are located. Ile stated
that fucking is usually utilized in formations that are unable to produce on their own, but that he
doesn't see any reason to stimulate reservoirs in Goose Creek, so there will be no tracking.
Mr. Fiuzat stated that fracking; covers a wide area and involves different operations. Ile stated
that technology continues to ceolta anti they have looked at waell stimulation, in which they don't
consider as fracking. hie stated that re- stimulating would not be fracking like what people are
reading about
Council Member Hoskins stated that Ito is concerned about the text in the overlay that rends "too
feet from shoreline oil Tablas Bay" anti strongly encourages it being kept at 200 feet. City
Manager Leiper stated that there was much discussion in this regard during the planning and
zoning process. and leaving tile distance at 200 feet would drive thong to dull offshore, which tile
City cannot regulate.
Mr. Fiuzat stated that therm are alreativ existing infrastructuae weals, which could be worked
over. lie stated that at this point, they did nopt have plans to drill within 100 Icet of Tubbs )3ay as
they are sensitn e to it as well, and do not want to be up against the shoreline.
Council Member McCartney inquired if they wanted the right to work over the wells that are
currently there. City Manager helper stated that they slid not need this to wall: over wells as they
can do that now. Mr. Murat slated that a few years pool now, they may present something to the
City.
City Council Regular Meeting Minutcs
January 09, 2014
Page 14 o1`24
City Managrei Lciper requesicd that the agenda be taken out of order to consider agenda item 6.b:
City Manager Leiner stated that the recommendation is to table agenda item 6..b. until the next
council meeting scheduled for January 23, 2014.
;A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member
Brandon Capetillo to bring agenda item 6b. out of being tabled to being addressed. The vote was
as follows:
Ayes: Mayor Stephen DonCirlos, Council Member Brandon Capctillo, Mayor
Pro Tian Robert C. Hoskins, :Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Cat is Presley
Nays: None
Approved
A motion was made by Mayor Pro Tern Robert C. I loSkins and seconded by Council Member
Mercedes Renteria III to suspend agenda item 6.b. until the January 23, 2014, Council Meeting.
The vote was as follows:
Ayes: Mayas Stephen DonCaflos. Council Member Brandon Capetillo, Mayor
Pro Tom Robert C. Hoskins, Council Member David McCartney. Council
Member Mercedes Renteria Ill, Council Member 'Ferry Sam, Council
Member Chris Presley
Nays: None
Approved
Mr. Benoit requested that Council reoonsider agenda ' item 5.b.
The agenda was taken out of order and Mayor I3onCarlos stated that agenda item 5.b. rsould be
considered.
A motion was made by Council Mennber Mercedes Renteria III and seconded by Mayor Pro Tem
Robert C_ Hoskins to reconsider agenda item 5.b. the vote was as follows:
Ayes: Mayoi Stephen DonCailos. Cuuincil Member Brandon Capetillo, . Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria Ill, Council Member Teny Sain, Council
Member Chris Presley
C nv Council Regular \icctina Minutes
January 09, 2014
Puce 15 of 24
Nays: None.
Approved
A motion was made by Council Member David McC'amiey and seconded by ,Mayor Pro Fein
Robert C. Iloskm to suspend agenda item 5_b, tot consideration until the January 23, 2014,
Counvil Meeting The vote was as foilovvs:
Aaes: Mayor Stephen DonCarios, Council Member Brandon Capetillo, Mayor
Pro 'Tent Robert C. Hoskins. Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member ferry Sain, Council
ivlember Chris Presley
Nays,; None
Approved
The agenda was taken out of order and Mayor DimC'atlos stated that agenda item Ka. would be
considered.
8. PROPOSFD RESOLUTIONS
a. Consider a resolution supporting the removal of Union Paciiie Railroad's long-
abandoned rail line, which runs from the ExxonMobil properly° line to the bascule bridge
over Cedar Bayou Stream and .opposing legislative changes that would allow rail - served
business be located in the Goose Creak Oil Field,
City Manager Lciper presented that agenda item and stated that Resolution No. 2282 supports
the removal of union Pacific. Railroad's long - abandoned rail tine, which runs from L-,xsonMobil
property line to the bascule bridge over Cedar Bayou Stream and crosses over many of the City
streets. Ile stated that if the UPRIZ agrees to re ecoe its rail line, the trestle over Business 146 can
he remove(L all of, the Grand Parkway can be put through the area creating more developable
Imtd for the City of Bnytawn, and say mg Texas Department of Transportation (fxDOI ) and tiie
City approximately 57.5 million dollars, lie stated than UPRR can walk awat from this line and
`Cct)o,r has agreed to assume all the costs of removing the bascule bridge. Ile stated that the City
has agrees that if the UPRR remove their raits, ties, and debris, the City will do all the restoration
of that line and assume responsibility of the concrete trestle over Goose Crank Stream with the
possibility of turning it into a trail City Manager Leiper stated that the tecoromendation is to
support the removal of the tract and to oppose any changes that would lead to rail served industry
along the rail line.
A motion was made by Council Member Mercedes Renha a 111 and weondcd by Mayor Pro Tern
Robert C. Hoskins approving Resolution No. 2282 the vote was as follows:
City Council Regular Meeting Minutes
January 09. 2014
Page 16 ol'24
Ayes:. Mayor Stephen DonCarlos, Council Member Brandon Capetillo„Mayor
Pro Tam .Robert C. Hoskins. Council Member David McCartney, Council
Member Mercedes Renteiaa III, Council Member Terry Sam, Council
Member Chris Presley
Nays: None
Approved
RESOLUTION NO 2282
A RESOLUTION OF 'THE Cl IN' COUNCIL OF THE CITY OF BAYTOWN,
TEXAS REGISTERING ITS SUPPORT OF THE REMOVAL OF UNION
PACIFIC RAILROAD'S LONG- ABANDONED RAIL LINE, WHICH RUNS
FROM EXXONMOBIL PROPERTY :LINE TO THE BASCULE BRIDGE
OVER CEDAR BAYOU STREAM; OPPOSING LEGISLATIVE CHANCES
THAT WOULD ALLOW RAIL. SERVED BUSINESSES BE LOCATED IN
TIIE GOOSE CREEK OIL, HELD; AND PROVIDING FOR "THE EFFECTIVE
DATETHEREOF.
9:15. Discuss and provide direction for the evaluation of redevelopment proposals` for the
Brunson Theater and Citizens Bank buildings,
City .Manager Leiper presented the agenda item and stated that staftis seeking it consensus of
Council on developing an RFP, the elements require(] to be in the proposal, and the deadline of
90 to 120 days for submission of the proposals. He stated that a formal Request for Proposal
(RFP) processsttould accomplisih the following:
I. provide publicity so that other patties have time to evaluate the property's potential and
an opportunity to submit a proposal:
2, .place at deadline on all groups to submit a formal proposal so they can be evaluated
together;
3. create criteria for information to be included in each proposal so they can be fairly
eval noted against each other: and
4. .determine the role cal' city - funded incentives, if any, such as acquisition of the property at
a reduced cost and/or city - funded building improvements.
Mike Wilson, Robert Martin, Erin Flores, Fernando Gracia Jr., and Ana Ortega all registered to
speak before Council regarding agenda item 9.b.
Mr. Mike Wilson stated that He stated that Mr. Ken Pridgeon has been providing portraits for the
Memorial Art Gallery since 2016 and has done 140 portraits honoring soldiers with about 600 to
go. He stated that Mr. Pridgeon is out of space at the eun-ent location. He stated that an
organization has been formed to assist him with his mission called POWMAG of Texas. Ile
stated that POWMAG is it registered nonprofit organization for the State of Texas that wants to
City Council Regular Meeting Minutes
January 09, 2014
Page 17 if 24
relocate Mr. Ken from his current location to utilize the Brunson Theater to accommodate a
much more suitable: gallery. He stated that the 501 (c) (3) is in the process and feel strongly that
the support is out there xvintingto be asked to help supplement what's, expected from the City.
Mr. Robert Martin stated that his vision fur the BInn5011 Thcuter and Citizen's Bank is to
establish an international dournown aus and entertainment industry. lie stated that his mission
was in three parts: entertainment, economic, and social. He stated that the entertainment would
Provide and produce outstanding educational productions and services for local, regional,. and
state communities to distribute the fine :ails uul entertainment which includes music, comedy,
film, TV, and commercial projects. Ile stated that the economic mission would provide
exceptional tax revenue tPan Baytown and increase all of Ba }town's tax revenue in terms of
hotels, restaurants, and Pirates Bay. lie stated that the social mission would contribute to operate
a company that actively recognizes the essential wmld that business Plays in society by
providing events for the community. lie stated that he would like to turn the Citizens Bank into a
restaurant broken up into the three suctions that make rap Baytown (Baytown, Goose Creek, and
Pclly). He stated that lie would like to reopen the Brunson Theater` as a performing arts facility
and he would be more than honored to work with Mr. Piidgeon. Mr. Marlin stated that he would
Fund everything, himself and is not asking the City for any funding.
Mr. Erin Flores, Mr. Fernando Gracia. ,aid Ms. Ana Ortega all support Mr. Martin's idea for the
Brunson Theatm Mr. Pregin stated that lie would work to collaborate and rebuild Texas Avenue.
10. CONSENT
Mr.. Ignacio Ramirez stated in regards it) agenda item 10E., that a change was made and Jerry
Fallin would like to keep the minerals if any, in which stiff no objection to.
A motion was made by Mayor Pro Tian Robert C. Hoskins and seconded by Council Member
David McCartney approving consent agenda itens 10.a. through 10.j. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tetra Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sam. Council
:Member Chris Presley
Nays: Nona
Approved
a. Consider an ordinance authorizing an industrial District Agreement with Lone Star
NGL Pipeline LP.
ORDINANCE NO. 12,449
AN ORDINANCE OF THE CH Y COUNCIL OF THE CITY OF B:AYTOWN,
City Council Regular Meeting Minutes
January 09, 2014
Page 18 of 24
TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERIC TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH LONE STAR NGL PIPELINE LP; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. "Consider an ordinance authorizing an Earnest Money Contract with Jerry or Julie
Fallin, . individually and as Trustees of the Fallin Family Trust, for the purchase of 601 S.
Burnet Drive.
ORDINANCE NO. 12,450
AN ORDINANCE OF'IIJE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS, AUTHORIZING AN EARNEST MONEY CONTRACT WITH JERRY
OR JULIE FALLIN. INDIVIDUALLY AND AS TRUSTEE OF THE FALLIN
FAMILY TRUST FOR THE PURCHASE OF PROPERTY LOCATED AT 60I
S. BURNET DRIVE, BAYTOWN, HARRIS COUNTY, TEXAS, FOR A
MUNICIPAL PURPOSE; :AUTHORIZING PAYMENT OF A PURCHASE
.PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED NINE
THOUSAND TWO HUNDRED SIXTY AND NO /100 DOLLARS (59,260.00);
MAILING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing renewal of the Annual Roll -Off Container`
iServices Contract to Waste Management of Texas, .Inc,
ORDINANCE NO. 12,451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
'TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF
TEXAS, INC., SUCCESSOR IN INTEREST TO CITY WASTE, INC., FOR
TPiE ANNUAL ROLL -OFF CONTAINER SERVICES :CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAY'POWN, THE SUM OF
ONE HUNDRED NINETY -FIVE THOUSAND SIX HUNDRED PIETY AND
"NO /100 DOLLARS (5195;650.00); AND PROVIDING FOR THE EFFECTIVE
:DATE THEREOF.
d. Consider an ordinance authorizing the closeout; acceptance and release of retainage
for the Steinman Lift Station & Force Main Upgrade Project to T &.0 Construction. LTD.
ORDINANCE NO. 12,452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEP'I-ING THE STEINMAN LIFT STATION & FORCE MAIN
UPGRADE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
ONE HUNDRED TWENTY -NINE THOUSAND ONE HUNDRED TWENTY-
City Council Regular %Teen n, Minutes
Jaawa y 09, 2014
Pm <,e 19 of 24
TWO AND 061100 DOLLARS (5129,12106) TO T & C CONSTRUCTION,
LTD, FOR SAID PROJF"CT; AND PROVIDING FOR TI II EFFEC FIVE DATE
THEREOF.
e, Consider an ordinance authorizing the closeout and acceptance for Inc Raccoon
Road Lift Station Rehabilitation & 16 -inch Force Main Project, and release of retainage.
ORDINANCE NO. 11.453
AN ORDINANCE OF THE CITY COUNCIL. OF TI IF CITY OF BAYTOWN,
TEXAS_ ACCEPTING THE RACCOON ROAD I.,IFT STATION
'REHAB]LITATION & I6 -IN'CII FORCE MAIN PROJECT; AUTHORIZING
-FINAL PAYMENT OF ']'HE SUM OF ONE HUNDRED SIXTY-EIGHT
THOUSAND SIX HUNDRED TEN AND 03100 DOLLARS
(5168.610.03) TO T sti C CONSTRUCTION. LTD, FOR SAID PROIF CT; AND
PROVIDING FOR IIIE.E:FFECTIVEDAfE THEREOF.
f. Consider granting an extension of one year for the special use perniit for .let'Oil
Producers for heavy industrial use in accordance with Chapter 130 "Zoning" of the
Bartown Code of Ordinances.
ORDINANCE NO, 12,4514
AN ORDINANCFF, OF I1 FE CITY COUNCIL OF 11 IF CITY 01: BAYI'OWN,
TEXAS, GRANTING; A TWELVE- -MON I11 LX1 FNSION FOR T HF SPECIAL
USE PERMIT GRANTED TO JET OIL PRODUCERS, INC.. TO PLACE AND
OPERATI:3 AN 0I1, WELL AND ASSOCIATED FACILITIES ON THE
PROPERTY LO 'A I FD SOUL HEAST OI THE INTERSECTION OF SH 146
AND FM 505, AD] ACENT'10 AND LAST OF THE RIGFIT -OF -WAY FOR
SHELL DOCK ROAD; AUTHORIZING AND DIRECTLNG 'THE CITY
MANAOER TO l XF CUTE AND THE CITY CLERK 10 ATTEST-"o Sall
PERMIT; AND PROVIDING FORTHE I I FEcrIVF DATET'HEREOF.
9. .Consider an ordinance authorizing the rent +seal of the ,annual Demolition of
Residential Structures Contract to ,LT.B. Services, Inc.
ORDINANCE NO. 12,455
AN ORDINANCE OF THE CITY COUNCIL OF THE CIIY'OF BA }'T'OWN,
TEXAS. RENEWING 1 "HT ANNUAL DEMOLITION OF RESIDENTIAL
5T'RUCTURES CON I RACE WITH J:f B SERVICES, INC.; .AUTI IORIZING
PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO
HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR I'FIE
EFFECTIVE DATE TH ERFOF.
City Council Regular Vfleeting Minutes
January 09, 2614
Page 20 of 24
h. Consider air ordinance authorizing air Encroachment Agreement and Amendment
of Pipeline Right -of -Way Easement together with a Pipeline Adjustment Agreement with
Kiriiler Mort, =an 're Pipeline LLC.
ORDINANCE NO. .I 2,456
AN ORDINANCE OF TI IE CITY COUNCIL, OF TIIE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN ENCROACHMENT AGREEMENT AND
AMENDMENT OF PIPELINE RIGHT- OF -WAY EASEMENT TOGETHER
WI Fit A PIPELINE ADJUSTMENT AGREEMENT WITH KINDER tbIORGAN -
TF.JAS PIPELINE LLC`. AUTHORIZING PAYMENT Of-- A PURCHASE
PRICK FOI2. SUCH PROPERTY IN AN .AMOUNT NOT TO EXCEED
N[NETY -NINE. THOUSAND NINE HUNDRED FORTYNINE AND NO. /100
DOLLARS ($199,949.06); MAILING OTHER PROVISIONS RELATED
THERVIO0 AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an o divance authorizing payment to Aarris Countv for radio airtime.
ORDINANCE NO. 12,457
AN ORDINANCE OT THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE
HUNDRED FORTY THOUSAND AND NO /100 DOLLARS (S140,000.00) TO
COUNTY FOR ITS RADIO AIRTIME LEASE FOR THE PERIOD
COMMENCING ON OCTOBER 1, 2013. AND ENDING SEPTEMBER 30,
2014; MAKING OTHER PROVISIONS RELATED THERETO; AND
"PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing the purchase of two (2) 2014 Chevrolet Tahoes
for the Fire Department through the TXSmartBuy Program.
ORDINANCE NO. 12.458
AN ORDINANCE OF rHE CITY COUNCIL OF THE. CITY OF BAYTOWN,
'TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -TWO THOUSAND
NINE HUNDRED NINETY -SEVEN AND 301100 DOLLARS ($52,997.36) TO
RELIABLE CHEVROLET 11, L.P., THROUGH THE STATE COMPTROL,I,ER
OF PUBLIC ACCOUNT'S TXSMARTBUY PROGRAM FOR THE
PURCHASE OF TWO (2) 2014 CHEVROLET TAHOES FOR THE
BAYTOWN FIRE DEPARTMENT; MAILING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
January 69, 2014
Page 2 t of 24
II
a. Consider three (d) appointments to the Charter Review Committee.
City Manager L,eiper presented the agenda item and stated that nominations for the Committee
More needed from Council Members C "apetillo,.MRCartney and Presley.
Council. Member Presley nominated Vivian Hemphill and Council Member Capetlllo nominated
Randy Dickey to the Charter Review Committee. Council Member McCartney didn't have a
confirmed nominee.
A motion was made by Mayor Pro Tern Robert C Hoskins and seconded by Council Member
Mercedes Renteria 111 approving lire appointment of Vivian Hemphill and Randy Dickey to the
Charter Review Committee. The vote was as follows:
Ayes-: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member `terry Sain, Council
Member Chris Presley
Nays
Approved
b. Conduct the election of the Baytown City Council Mayor Pro'1em.
City Manager Leiper Presented the agenda item and stated that the nett Council Member David
McCartney was the next Council Member in position for consideration as Mayor Pro Tem.
A motion was made by Council Member TerrySain and seconded by Mayor Pro Tern Robert C.
Hoskins approving Council Member David McCartney as Mayor Pro Tem. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos. Council Member Brandon Capetillo, Mayor
Pro Tom Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria 111, Council Member Tory Sain. Council
Member Chris Presley
Nays. None
Approved
City Council Rolmlar Meeting Minutes
January 09, 2014
fire 22 of24
c. Consider an ordinance appointing Julie Escatanteas Presiding Municipal Court
Judge and appointing Kelly Benavides, Michael Marks, Oshea Spencer and Andy Helms as
Associate Municipal Court Judges for the term of office which begins February 01, 2014,
and ends on January 31, 2016.
City Manager L.ciper presented the agenda item and stated that at [lie nest meeting there may
additional associate judges names presented.
A motion ivas made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
David McCartney appror nig the appointment of Julie Escalante as Presiding Municipal Corot
Judge .and the appointments of Kelly Benavides, Michael Marks, Oshca Cpe cer, and Andy
Helms as Associate Municipal Court Judges. The vote was as follows:
Ayes: Mayor Stephen DonCarlos. Mayor Pro l eu Robert C. Iioskins, Council
Member David McCartney, Council Member Mercedes Re teia III,
Council Member Tenv Sain, Council Member Chris Presley
Nays: None
"Other: Council Member Brandon Capetillo (Abstain)
Approved
d. Consider five (5) appointments to the Community :Development Advisory
Committee (CDAC.).
City Manager Leiper presented the agenda boo to consider five (S) appointments to the CIDAC.
He stated that Mr. Sinunie L. Robinson, District No. 1: Ms. Martha Barnett, District No. 3; and
Mr. Ophir Lyra, District No. 4, all have requested reappointment and there's ,in ' appointment for
District No. 2, Mr. Roberto Diaz.
District No. 6. position is vacant..
A motion was nnade by Council Member iNlercedes Reiteria III slid seconded by Council
Member Brandon Capetillu approving tile . appointment of Roberto Diaz and the reappointments
ofM r. Sannue L. Robinson, Ms. Martha Barnett, and Mr. Oplvr Lyra. The tote was as follows:
Ayes: Mayor Stephen DonCarms, Council .Member Brandon Capetillo, :Mayor
Pro Tear Robert C. I loskins, Council Member David McCartney, Council
Member Mercedes Rente'ia 111, Council Member Terry Sain, Council
Member Chris Presley
Nays: Nome
Approved
Cite Council Regulu MeviinL Minutes
.January 09, 2014
Pace 23 of 24
11 MANAGER'S REPORT
it. Receive the 2013 Annual Progress Report oi'the flood related Initiatives portion of
the All Hazard Mitigation Phan.
City Manager Lciper presented the 2013 [Annual Progress Report of the flood related initiatives
portion of the City of f ovtown's All Hazard Mitigation Plan.
No Council action required,
It, The 2014 Youth Sports Kick Off will be held at the Baytown Conumin y, Center on
January 18, 2014, from 10:00 A.M. - 5:60 PAL and on Sunda}. January 19, 2014, from
1:00 HM. to 5:00 P.M.
( ttq Manager Lciper stated that the 2014 Youth Sports hick OiT will be hold ut the Baytown
Community Center on January 18, 2014, from 10.00 A.M. - 5 :00 11:,14 and on Sunday, January
19, 2014, from 1:00 P.M to 5:00 P A1. He stated that the event plot ides a one stop opportunity
for the city's youth sports league sign-ups.
C. Announce the timeline and details of the 2014 Cilizen Survey.
City Manager Lciper stated that the 2nd Annual Direction Finder Citizen Survey has, been mailed
out to 1200 randomly selected households with expected results to be shared with Council in
March.
d. City Offices will be closed on Monday, Januarp 20, 2014, in obseryartec of Lire
Martin Luther King, .1r, holiday.
City Manager Lciper sued that City Offices will be close(] on Monday. January 20, 2014, in
observance ofthe Martin Luther Kin? Jr. holiday.
C: The reception for for finer Council Member Scott Shele) is scheduled for Thursday,
January 23, 2014, in the reception area of City tall, at 6:00 P.M.
City Manager Lciper stab'] that the reception for former Council Member Scott Sheley is
scheduled for Thursday, January 23, 2014, in the reception area of( 'fly Hall. at 6:00 P,M,
City Manager Lciper slated for infonnational purposes that there weresotne emergency repairs
needed for 13AWA and staff believes that there may be a leak in the 36" pipe at the corner of
C'c al Bayou LynchboJ4 and Thompson Ile stated that there are a number of cmitingeney items
being developed because this is the major trunk line for water hit,) the ('ty of Baytown in tide
event that the line has to be shut off for repair. He stated that the work on this line is projected
for Monday, January 13, 2014 and .there aie plans in place to keep the City with wale. City
Manager Leifer stated that because this is a SAWA line. would be funded through 13AWA and
City Council Regular Meeting Minutes
January 09, 2014
Page 24 of 24
an emergency BAWA meeting will be held on January 10, 2014, in this regard. Additionally, he
stated that if the wells are activated, the water will safe but world taste different.
13. ADJOURN
A motion was made by Mayor Piro Tent Robert C. Floskins and seconded by Council Member
Mercedes Renteria III adjourning the January 09, 2014, City Council Regular Meeting. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro 'rein Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Chris Presley
Nays: None
Approved
With there being no further business to discuss. Mayor DonCarlos adjourned the January 09,
2014, City Council Regular Meetinng at 9:35 P.M.
i � cit "City �4
Leticia Biysch, City Clerk f r { �
City of Baytown s� �' to