Members of Katy’s city council voted unanimously on Monday, October 14, to deny a special use permit to Ochoa Energy, a part of Vesper Energy, for a battery energy storage system to be located at 27051 Highway Blvd, in Katy. The project site is between Katy High School and Cane Island and backs up to Katy ISD’s Outdoor Learning Center. The motion to deny was made by Councilmember Dan Smith and seconded by Councilmember Janet Corte.

The permit was requested by the company, which followed all the proper statutory procedures, according to Katy Mayor Pro Tem Chris Harris. The company held several open houses and published public notices about their project. Additionally, two hearings were held, he said, and plans were reviewed by city staff and the city’s planning and zoning commission, which recommended approval on September 10. A public hearing was held on September 23; at that meeting Councilmember Janet Corte tagged the item, delaying a vote until Monday night’s meeting.

The Ochoa enterprise is projected to bring in $3,784,187.00 tax revenue to the City of Katy, $4.94 million to Waller County and $562,726 to the Brookshire-Katy Drainage District in its first ten years of operation, according to presentations from Vesper Energy.

Citizens crowded council chambers during the Monday meeting to express concerns about the proposed facility.

The eight speakers who spoke during public comments and expressed opposition to the facility included a dentist who works with chemicals, a former resident of the Falcon Point Apartments which is adjacent to the proposed location, a science teacher, and two engineers, among others. All expressed concerns related to the safety of the project, including the use of hazardous chemicals, potential air and water pollution, danger of fire and explosions, flooding, and contamination of the aquifer. The proximity of the plant to schools and residents was a common concern, as well as the lack of an ecological study and decommissioning plan from the company.

Harris said that there had been overwhelming public opposition from residents and business owners to the facility, primarily due to its proximity to school facilities and residential areas. “Though I strongly support efforts to strengthen our electric and power grids, this facility may be good in other areas of our region, but this is not the best location,” said Harris prior to the vote. “I must agree with my constituents and vote against this special use permit application.” Harris added that, in light of the situation, he has spoken with the mayor and secured his commitment that the city’s industrial zone codes will be reviewed with staff at the direction of city administration, and that those zoning updates would be brought back to council during the current budget year.

Corte said that she tagged the item at the last meeting because she said that she felt that it was not consistent with the city’s vision statement. She listed her concerns about the project as being a fairly new unproven and loosely regulated industry, the new company without experience in the industry and the proximity of the project to schools, residences and Snake Creek.

Smith shared research he had done on a BESS facilities in San Diego and in Escondido, CA. He said that in August 2024 the city of Escondido concluded that BESS facilities technology is not well documented, that it fails to achieve critical long-range goals of increasing economic and employment opportunities, that it fails to optimize available properties to the best available land use, that it fails to increase land values, that it fails to develop land uses that attract families and business investments, that it fails to bring new jobs and local taxes, that it burdens the city with health and safety risks, that it has a negative impact on existing residential property values, and that it disincentivizes businesses and families from relocating to the area, and other issues. A recent fire at the Escondido facility, which is much smaller than the proposed Katy facility, Smith said, forced the evacuation of 500 businesses.

Council member Gina Hicks said that she was “disheartened” by the situation and said that so much of the community’s reaction was based on fear and not data. Hicks said that Bloomberg estimates that over $21 trillion will be required to strengthen the electric grid to meet projected demand and that solutions other than battery storage systems would require double the number of current power lines. Local storage is critical, she said, and local electric bills will continue increase. “Something has to change,” she said.

In other action, council:

· Authorized the mayor to sign an interlocal agreement with the Katy Independent School District providing for the transfer and maintenance of the bronze walking tiger sculpture from its current location at the intersection of Highway 90 and FM 1463 to Katy Junior High School, 5350 Franz Road. The statue, which was originally purchased by Keep Katy Beautiful in 2010, will eventually be replaced by a larger version, Mayor Pro Tem Harris said.

· Approved a request for a variance which would allow alcohol to be served at TMG Burger Grill, LLC, at 6191 Highway Blvd. Suite 101. The restaurant is located near Katy High School. Alcohol was allowed at the location under prior ownership and no incidents were reported, according to Interim Police Chief Bryon Woytek.

· Following closed session, approved a resolution authorizing the mayor to sign a settlement release agreement between the City of Katy and Sonya Polydor. No other details were disclosed.

Mayor Dusty Thiele also issued a proclamation recognizing October 2024 as “Domestic Violence Awareness Month” and proclaiming Thursday, October 1 as “Purple Thursday.” Representatives of Katy Christian Ministries, which operates a crisis center serving local victims of domestic violence, accepted the proclamation.

The next meeting of city council will be on October 28 at 6:30 p.m. at City Hall, 901 Avenue C in Katy.