City Council Regular Meeting Minutes
January 23, 2014
Page 1 of 18
D R A F T
MINUTES OF THE REGULARMEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
January 23, 2014
The City Council of the City of Baytown, Texas, met in aRegularMeeting on Thursday, January 23, 2014,at 6:31P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon CapetilloCouncil Member
Robert HoskinsCouncil Member
David McCartneyCouncil Member
Chris PresleyCouncil Member
Terry SainCouncil Member
Stephen H. DonCarlosMayor
Robert D.LeiperCity Manager
Ron BottomsDeputy City Manager
Kevin TrollerAssistant City Manager
Ignacio RamirezCity Attorney
Leticia BryschCity Clerk
Keith DoughertySergeant at Arms
Mayor DonCarlos convened the January 23, 2014, City Council RegularMeeting with a quorum present at 6:31P.M., all members were present with the exception of Council Member Sain who arrived at 6:37 p.m. and Council Member Renteria who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley.
Mayor DonCarlos presented recognition of former Council Member Scott Sheley for his 16 years of service.
1.RECOGNITIONS AND CITIZEN COMMUNICATIONS
a.Ms. Michelle Phillips requested to address Council to thank Council for their support of Crusin' Texas Toy Drive and to request their participation for the next drive on December 20, 2014.
Ms. Phillips requested for Council to consider December 20th for the next Cruisin' Texas Toy Drive and stated that the old co-host closed down, but the drive will continue.
b.Recognize City of Baytown Employees for their Years of Service (5, 10, 15 plus years).
City Manager Leiper presented the agenda item and recognized City of Baytown Employees for their Years of Service (5, 10, 15 plus years).
5 Years:
Marcos Avila - Public Works Certified Utility Maintenance Technician
Jose Murillo, Certified Utility Maintenance Technician
Russell Williams, Fire - Paramedic
Hubert Medrano, Public Works - Wastewater Treatment Operator II
10 Years:
Christopher Crain, Firefighter
Jason Garza, Firefighter
Casey Schneiter, Fire Equipment Operator
25 Years:
Debra Barnes, Planning & Community Development Services Combination Inspector II
30 Years:
Harold Cheek, Planning & Community Development Services Comprehensive Planner
2.PUBLIC HEARINGS
a.Conduct a public hearing regarding whether portions of the Baytown Soccer Park located at 4700 Village Lane, Baytown, Texas, 77520, should be used temporarily as a site for a potable water test well; and should the test well yield acceptable potable water, whether no more than one acre of park land should be set aside for use by the City of Baytown for a permanent water well site.
At 6:58 P.M., Mayor DonCarlos opened a public hearing regarding whether portions of the Baytown Soccer Park located at 4700 Village Lane, Baytown, Texas, 77520, should be used temporarily as a site for a potable water test well; and should the test well yield acceptable potable water, whether no more than one acre of park land should be set aside for use by the City of Baytown for a permanent water well site.
City Manager Leiper stated that this water well needs to be rebuilt and that the new TCEQ rule doesn't allow drilling close to pipelines which is where the well is currently located. He stated that Harris County agreed to deed one (1) acre of land of their property for the well, which will meet TCEQ distance requirement. He stated that state law requires the City to have a public hearing beforedrilling a water well in a public park. City Manager Leiper stated that the proposed new well site will not interfere with the soccer field.
With there being no one registered to speak, Mayor DonCarlos closed at 7:01 P.M.
3.PROPOSED ULDC TEXT AMENDMENTS FOR NEW AND EXPANDED DRILLING, OIL OR GAS OPERATIONS
a.Conduct a public hearing regarding proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan narratives concerning natural resource management (oil and gas), neighborhood protection and economic growth.
At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing regarding proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan narratives concerning natural resource management (oil and gas), neighborhood protection and economic growth.
City Manager Leiper stated that the Future Land Use Plan is intended to guide development and influence policy, in order to achieve the goals of the community as expressed in the Comprehensive Plan and to provide the City with a rational basis for future zoning decisions. He stated that this proposed amendment adds policy language supporting the drilling and operations of oil or gas to be included in all areas appropriately zoned, including an overlay, for economic development and neighborhood protection. Additionally, he stated that on January 02, 2014, the Planning and Zoning Commission voted to recommend the amendments to City Council.
With there being no one registered to speak, Mayor DonCarlos 7:03 P.M.
b.Conduct a public hearing concerning proposed text amendments to the Unified Land Development Code regarding new or expanded drilling, oil or gas operations in the city.
At 7:04 P.M., Mayor DonCarlos opened and conducted a public hearing concerning proposed text amendments to the Unified Land Development Code regarding new or expanded drilling, oil or gas operations in the city.
City Manager Leiper stated that City Council held a discussion at the January 9th meeting to discuss the proposed amendments regarding the oil and gas drilling operations in the overlay. He stated that following, Staff met with the mineral rights representatives and interested property owner to discuss the proposed ordinance or any concerns; he believed the meeting was successful. City Manager Leiper stated that as a result of this interaction, the presented revisions reflect the correct state agency that currently regulates drilling. He further stated that the these proposed revisions will be presented to City Council for consideration at the February 13th meeting.
City Manager Leiper stated that for consistency purposes, the setbacks in HI and SUP were mirrored to what is presently in the overlay district. He further stated that the exclusion certificates were taken out of the DOD and moved to 6; the application process was changed to only the Mayor, City Council or Member of Council, or City Manager can apply to create the DOD,since this DOD is specific to the Goose Creek Oil Field;and the 200 foot setback for Tabbs Bay has been changed. He stated that the ordinance refers to the limits of the Goose Creek Oil Field, which was changed to state to the vicinity of the Goose Creek Oil Field. Additionally, City Manager Leiper stated that this discussion refers to the text changes only and does not involve any of the related mappings. He further stated that they continue to discuss issues regarding insurance and liabilities. He also stated that the Planning and Zoning Commission held two public hearings and numerous special meetings to review and discuss this topic and that the draft amendments to the ULDC include the following regulations:
- The creation of a drilling overlay district for drilling, oil or gas operations within the Goose Creek Oil Field;
- Applicants within the drilling overlay district can 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 would require the property to be zoned Heavy Industrial, as allowed in the ULDC today; and
- Applicants within the Heavy Industrial zoning district would need to obtain a special use permit specifically for drilling, oil or gas operations.
Additionally, City Manager Leiper stated that on January 02, 2014, the Planning and Zoning Commission voted unanimously to recommend the proposed text amendments to City Council.
Justin Woodall, David Staas, Mike Fiuzat, Kirk Bosche, Reeves Holliman, Dwala Cargill, and Reid Wilson all registered to speak before the public hearing regarding agenda item 3.a.
Mr. Woodall stated that he’s a petroleum landman, whose duties may include identifying prospects, negotiate leases, and run mineral title run sheets prior to a well being drilled. He stated in regards to item 3.a. and the proposed amendments, that they be seriously reconsidered. He stated that industry professionals who have knowledge in this type of industry should make these types of decisions. Mr. Woodall stated that he recommended having two sets of rules for the city. He also recommended that the ETJ area in Mont Belvieu have an overlay district as well to void same like issues in the future.
Mr. Staas, from the Law Firm of Winstead PC, 600 Travis Street, Houston, Texas, stated that he represents Texas Capital Development Group, who owns a site at the intersection of the Grand Parkway and Highway 146 that's about 120 acres in size. He stated that the plan for the property is to be used primarily for retail. He stated that the purchase of the property was based on an ordinance that prohibited new wells on the property. Mr. Staas stated that they are currently going through the development process and have plat approval from the city. He stated that they have a cost sharing agreement for infrastructure with the City of Baytown and are working with the City to help abandon the railroad Right-of-Way onthe south side of the property. He stated that in many discussions with the mineral interest owners, they are asking to change the rules from the time that they brought the property to permit more wells than they were previously supposed to have. He stated that they've had positive discussions working towards a mutual agreeable outcome and if there are no other wells located on the property; they would be open to a well located on the western end of the property in the light industrial (LI) portion, which will not affect the development of the property. City Manager Leiper stated for clarification, that isworking on the text changes and will start on the mapping afterwards.
Mr. Fuziat, President and CEO of Foothills Resources, the largest owner and operator of leases in the Goose Creek Field, stated that they are supportive of the process and are anxious to move forward with the mapping process.
Ms. Cargill requested that Council make sure that there will not be any fracking and if there is drilling at 5,000 feet that everything is done as safe as possible for future storms.
Kirk Boshe, Reeves Holliman, and Reid Wilson passed on their opportunity to speak.
At 7:24 P.M., Mayor DonCarlos closed the public hearing.
4.PROPOSED ORDINANCES
a.Consider an ordinance authorizing an amendment to the official zoning map for property of approximately 5.6 acres, namely Tracts 10F 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, 4B-3, 4B-4, and B-1 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 the northeast corner of Ward Road and Beaumont Street from a Mixed Use (MU) District to a General Commercial (GC) District.
b.Consider an ordinance authorizing an amendment to the official zoning map for property located at 1600 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 6 through 12, Block 4, Outlawn Terrace Subdivision, Harris County, Texas, from a Mixed Residential at Low to Medium Density (SF2) District to General Commercial (GC) District.
City Manager Leiper stated that he would like to discuss agenda items 4.a. and 4.b. together. He stated that the items require six (6) votes but would be voted on separately.
City Manager Leiper presented agenda item 4.a. and stated that the City Manager submitted an application for an amendment to the official zoning map for approximately 5.6 acres from MU to GC, but the recommendation is that this be denied due to further discussion and review.
City Manager Leiper stated in regards to agenda item 4.b. that the agreement recommended to the representative of the property owner is to rezone a portion of the property (lots 7 through 12) to NSC and do not rezone the last lot.
A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley approving to deny the amendment. All members raised their right hand approving to deny the amendment. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley
Nays:None
Other: Council Member Mercedes Renteria III (Absent)
Approved
Laurie Huntley, Scott Huntley, Bridget Garza, Gary Garza, Brad Benoit, and Brent Benoit all registered to speak before Council regarding agenda item 4.b. Laurie Huntley, Scott Huntley, Bridget Garza, and Gary Garza all passed on their opportunity to speak. Brad Benoit deferred his speaking time to Brent Benoit. Mr. Brent Benoit stated that he would be available to answer any questions.
Council Member Presley stated that he is concerned that precedents are set at the Planning and Zoning (P&Z) level and then on other cases the precedents are disregarded. He stated that there needs to be consistency with this process.
A motion was made by Council Member Terry Sain and seconded by Council Member Chris Presleyapproving to rezone all of the lots to NSC and to not rezone the last lot (Lot 6). All members raised their right hand in favor of approving the rezoning of all lots except lot 6. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley
Nays:None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,460
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 0.88 ACRES AT 1600 1/2
NORTH 7TH STREET, LEGALLY DESCRIBED AS LOTS 6 THROUGH 12, BLOCK 4, OUTLAWN TERRACE SUBDIVISION, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITY
(SF2) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
c.Consider an ordinance approving the Baytown Area Water Authority's grant of authority to the General Manager to negotiate and execute one or more contracts for emergency repairs to the 36-inch water line located at the intersection of Thompson Road and Cedar Bayou-Lynchburg Road.
City Manager Leiper presented the agenda item and stated that the line was powered down, identified as the City's line, and successfully brought back up. He stated that at 10:00 P.M., next Tuesday, the line will be powered down and repaired. He stated that the line is going to be repaired from the inside for the sake of repairing the leak, but staff will continue to work on a permanent resolution to replace the line. He stated that a company that specializes in this specific pipe will be included in the repairing process. City Manager Leiper stated that there is at least 30 to 36 hours of water available without any impact.
City Manager Leiper stated that Ordinance No. 12,461 approves the Baytown Area Water Authority's grant of authorization to the General Manager to negotiate and execute one or more contracts for emergency repairs to the 36-inch water line located at the intersection of Thompson Road and Cedar Bayou-Lynchburg Road for an amount not to exceed $300,000.
Council Member Capetillo inquired if there was a plan to invest in technology to assist with finding pre-fault issues of this type to enable repairs to be in house. City Manager Leiper stated that staff invested in the technology for leak locators and this would be the third year investing $1 million dollars in larger utility lines.
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskinsapproving Ordinance No. 12,461. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Council Member Chris Presley
Nays:None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY'S GRANT OF AUTHORITY TO THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE ONE OR MORE CONTRACTS FOR EMERGENCY REPAIRS TO THE 36-INCH WATER LINE LOCATED AT THE INTERSECTION OF THOMPSON ROAD AND CEDAR BAYOULYNCHBURG ROAD IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.