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2014 05 08 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 08, 2014 The City Council of the City of Baytown. Texas, met in a Regular Meeting on Thursday, May O8, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins Chris Presley Mercedes Renteria Terry Sain David McCartney Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Mayor Pro Tent City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor Pro Tern McCartney convened the May 08, 2014, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Mayor Stephen DonCarlos who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on April 10,2014. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving the April 10, 2014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes May 08, 2014 Page 2 of 20 Other: Mayor Stephen DonCarlos (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a Proclamation designating May 18 -24, 2014, as National Emergency Medical Services Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Dana Dalbey a proclamation designating May 18 -24, 2014, as National Emergency Medical Services Week. It. Present a Proclamation designating May 18 -24, 2014, as National Public Works Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Paul Batenhorst and Latanya Henderson a proclamation designating May 18 -24, 2014, as National Public Works Week. C. Present a proclamation declaring the month of May 2014, as Hurricane Preparedness Month in Baytown, Texas. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Bill Vola a proclamation declaring the month of May 2014, as Hurricane Preparedness Month in Baytown, Texas. d. Present the 3rd and 4th of July Celebration schedule and entertainment for 2014. Scott Johnson, Director of Parks and Recreation, presented the agenda item and stated that this year's event will begin at 6:00 P.M., Thursday, July 3rd; with Houston area band "4 Barrel Ramblers" followed by the headliner for the evening, rock and roll legend "Kansas ", taking stage at 8:00 P.M. He further stated that Baytonian "Ryan Guidry" will perform between the acts. Mr. Johnson stated that on July 4th, the annual heat wave and run will start at 7:00 A.M. and the opening of the vendor booths will begin at 5:00 P.M. followed by the Annual 4th of July Parade at 5:30 P.M. He stated that local musician "Breelan Angel" will kick off the July 4th entertainment at 6:00 P.M. followed by this year's headliner, country music stars, Montgomery Gentry, taking stage at 8:00 P.M. and the annual fireworks extravaganza at 9:30 P.M. 3. REZONING AND SPECIAL USE PERMIT FOR 0 4210 AND 4318 NORTH HIGHWAY 146, APPROXIMATELY 18.3 ACRES OF LAND a. Conduct a public hearing concerning a proposed amendment to the official zoning map for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located City Council Regular Meeting Minutes May O8. 2014 Page 3 of 20 at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou, from Mixed Use (MU) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. At 6:45 P.M., Mayor Pro Tom McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou, from Mixed Use (MU) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. City Manager Leiper stated that this public hearing is concerning an application to rezone approximately 18.3 acres of land from Mixed Use (MU) District to approximately 9.6 acres of HI and approximately 8.7 acres of LI to construct a concrete batch plant. He stated that the property is currently flanked by zoning uses of MU to the north and HI to the south. He further stated that in addition to this application, the applicant is requesting to amend the Future Land Use Plan and approval of a Special Use Permit (SUP) for the heavy industrial use. He stated that the Planning and Zoning Commission held public hearings on March 18th and April 15th and on April 15, 2014, voted to recommend approval of the proposed zoning amendment from MU to LI and HI. Jonathan Groves stated that he's the owner of the property requesting to be rezoned and registered to speak regarding agenda item 3.a. to answer any questions regarding this property. Council Member Hoskins inquired if there was an intended use for the waterfront property on Cedar Bayou. Mr. Groves stated that the reason the property was purchased was to be able to bring barges in for materials. He stated that he's proposing to bring in two (2) barges per month on the Cedar Bayou side to the dock that was used in 1953. Mr. Groves stated that they chose this route due to the congestion of trucks on Highway 146 and that using the barge would eliminate some of the congestion because one (1) barge load represents about 160 trucks. He stated that the barge will be docked and loaded for a five (5) to six (6) hour period in a months' time. He further stated that the materials would then be transferred to the concrete plant. Council Member Hoskins inquired if the materials were allowed to be stored in the setback area. Nathan Dietrich, Senior Planning Manager stated that within the 200 foot watershed protection area there is an allowance for certain types of materials to be placed there, which would be determined by the permit that's submitted at the time of the request and also at the discretion of the City's Engineer. Council Member Hoskins inquired if barge materials were allowed to dock in the water protection zone. Mr. Dietrich stated that there are allowances for certain driveways for things to travel within the watershed protection zones. City Manager Leiper stated that Mr. Groves stated that the dock to be used is pre - existing and staff requested documentation to support that, but that a brand new barge dock would not be allowed in the watershed protection zone and further stated that this zoning is to allow this type of use of a concrete batch plant. City Council Regular Meeting Minutes May 08, 2014 Page 4 of 20 During further discussion, Council Member Hoskins inquired about the use of the remaining parts of the property. Mr. Groves stated that the remaining property will be pasture and is not going to be used. Council Member Capetillo inquired of the hours of operation for offloading the barge. Mr. Groves stated that they would work from dawn to dusk. Council Member Presley asked Mr. Groves if the concrete plant would be done even if the barge dock wasn't approved. Mr. Groves stated that although there is other ways to bringing the materials in, the barge is the key factor to purchasing the property considering the operations cost and traffic wise. City Manager Leiper stated that if the barge can be documented as being pre - existing, there is a traffic benefit to Highway 146. Council Member Sam inquired of the weekly work hours. Mr. Groves stated that the hours would be six days a week, but his intent is to work during the week. During further discussion, Council Member Hoskins inquired as to what would be serviced at the concrete plant. Mr. Groves stated that his intent is to service small truckloads of concrete. At 7:02 P.M., Mayor Pro Tom McCartney closed the public hearing. b. Conduct a public hearing concerning the proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. At 7:04 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning the proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. 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. He stated that it provides the City with a rational basis for future zoning decisions and that this amendment requested a change to the land area east of SH 146 near Massey Tompkins from Business Park and Commercial Corridor to an Industrial use which is necessary to support the rezoning from mixed use to LI and HI. He stated that this would result in the break of the commercial use along the east side of SH 146, while keeping the commercial corridor to the south and business park to the north. Additionally, he stated that current zoning land use districts in this area are designated as Mixed Use, Heavy Industrial, and General Commercial; however, the vision for the area includes commercial adjacent to the SH 146, business park, and low to medium density residential. With there being no one registered to speak, Mayor Pro Tem McCartney closed the public hearing at 7:06 P.M. City Council Regular Meeting Minutes May 08, 2014 Page 5 of 20 C. Consider an ordinance to amend the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,534 requests a change to the land area east of SH 146 near Massey Tompkins from Business Park and Commercial Corridor to an Industrial use. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving Ordinance No. 12,534. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN MAP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance rezoning the properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou from Mixed Use (MU) to Heavy and Light Industrial (HI and LI) Districts. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,535 rezones approximately 18.3 acres of land from Mixed Use (MU) District to approximately 9.6 acres of HI and approximately 8.7 acres of LI to construct a concrete batch mixer. He stated that the property is currently Flanked by zoning uses of MU to the north and HI to the south. Additionally, he stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed zoning amendment from MU to LI and Hl. City Council Regular Meeting Minutes May 08, 2014 Page 6 of 20 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 12,535. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,535 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 18.3 ACRES LEGALLY DESCRIBED AS TRACTS 3, 4, 5, AND 6 OUT OF THE C SMITH SURVEY, ABSTRACT NO. 69, HARRIS COUNTY, TEXAS, LOCATED AT 0, 4210 AND 4318 NORTH HIGHWAY 146 AND APPROXIMATELY 1000 FEET SOUTH OF MASSEY TOMPKINS ON THE EAST SIDE OF SH 146 AND THE WEST SIDE OF CEDAR BAYOU, FROM A MIXED USE (MU) DISTRICT TO HEAVY AND LIGHT INDUSTRIAL (HI AND LI) DISTRICTS; 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. Conduct a public hearing concerning the granting of a special use permit for Heavy Industrial (HI) use for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. At 7:09 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning the granting of a special use permit for Heavy Industrial (HI) use for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Hams County, Texas of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. City Council Regular Meeting Minutes May 08, 2014 Page 7 of 20 City Manager Leiper stated that this is a public hearing concerning a special use permit (SUP) to allow for a heavy industrial use on a property that was rezoned to HI. He stated that Heavy Industrial zoning and a special use permit are required prior to the issuance of building permits for heavy industrial uses over five (5) acres in size. He stated that the applicant, !CG Real Estate, LLC, proposes to construct a concrete batch mixer on a small portion of the property. He stated in addition to the SUP, the applicant would also have to request a watershed protection zone permit, a permit for TCEQ and depending on the location of structure, a request to build in the floodplain or floodway along Cedar Bayou Stream. He stated that the watershed protection zone permit will be evaluated and issued through the Engineering Department. City Manager Leiper stated that on April 15, 2014. the Planning and Zoning Commission voted to recommend approval of the special use permit with the following conditions: 1. TCEQ permit and all other required state or federal permits need to be submitted to staff to be placed in the file within six months of approval; 2. All concrete batch silos shall be painted a muted earth tone to blend in with the background to avoid visual disruption from adjacent ROW and neighborhoods; 3. No concrete crushing will occur on site at any time during the duration of the special use permit; and 4. Security /access gate(s) shall be located off the public right -of -way but on premise to allow for a minimum stacking of four concrete trucks. With there being no one registered to speak, Mayor Pro Tern McCartney closed the public hearing at 7:12 P.M. f. Consider an ordinance for a special use permit for Heavy Industrial Use for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. City Manager Leiper presented the agenda item and stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the special use permit with the conditions previously stated in agenda item 3.e. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,536. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria ill, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,536 City Council Regular Meeting Minutes May 08, 2014 Page 8 of 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO ICG REAL ESTATE, LLC, TO PLACE AND OPERATE A CONCRETE BATCH MIXER AND ASSOCIATED FACILITIES ON 18.3 ACRES OF LAND LOCATED AT 0, 4210 AND 4318 NORTH HIGHWAY 146 AND BEING APPROXIMATELY 1000 FEET SOUTH OF MASSEY TOMPKINS ON THE EAST SIDE OF SH 146 AND THE WEST SIDE OF CEDAR BAYOU AND LEGALLY DESCRIBED AS TRACTS 3, 4, 5, AND 6 OUT OF THE C SMITH SURVEY, ABSTRACT NO. 69, HARRIS COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REZONING OF GOOSE CREEK OIL FIELD a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 1,373 acres of the Goose Creek Oil Field, as defined in the Unified Land Development Code, as a drilling overlay district in Harris County, Texas. At 7:14 P.M., Mayor Pro Term McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 1,373 acres of the Goose Creek Oil Field, as defined in the Unified Land Development Code, as a drilling overlay district in Hams County, Texas. City Manager Leiper stated that City Council recently amended the ULDC to create the drilling overlay district (DOD) to allow multiple drill sites within the Goose Creek Oil Field, as defined in the ULDC. He stated that this application proposes to rezone the area as an overlay where new or expanded drilling, oil or gas operations can occur with an approved Chapter 62 permit. He stated that the standards set forth within the DOD will allow for development and improvement to occur as the underlying zoning districts remain to protect from other uses for the property. City Manager Leiper stated that the ULDC regulations, along with the proposed boundaries of the DOD, provide appropriate setbacks and buffers for adjacent uses to ensure compatibility for surrounding areas. He stated that an amendment to the Future Land Use Map's associated narratives will be considered in conjunction with the rezoning application. He further stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the overlay map. Dwala Cargill, Mike Fiuzat, Kirk Bosche, Ada Herrera, and Reid Wilson all registered to speak before the public hearing regarding agenda item 4.a. City Council Regular Meeting Minutes May 08, 2014 Page 9 of 20 Ms. Cargill requested that monitoring of the drilling be continued to assure that all assurances and promises remain intact. Mr. Fiuzat, President and CEO of Foothills Texas, Inc., stated that he appreciated the hard work of all involved with the amendment process. Mr. Bosche stated that he passed on his opportunity to speak as his colleague, Mr. Fiuzat had already spoken. Ms. Herrera inquired if this would have an impact on her property. City Manager Leiper stated that the overlay district does not cover any residential property. Mr. Wilson stated that the application comply with all of the ULDC requirements. He stated that there is no residential use within this district, there is no use inside this district other than 100 years of oil production, and that all of the setbacks protect the residential and golf courses in the area and of the major thorough fares. He stated that there's going to be no adverse impact on anybody in the area and this DOD is consistent with the proposed changes to the comprehensive plan. Mr. Wilson stated that Foothills tends to follow the best practices to being a good neighbor. At 7:23 P.M., Mayor Pro Tem McCartney closed the public hearing. b. 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 7:25 P.M., Mayor Pro Tern McCartney 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 this proposed amendment to the Baytown 2025 Comprehensive Plan adds policy language to the Future Land Use Plan narratives supporting drilling, oil or gas operations to be included in all areas appropriately zoned for economic development and neighborhood protection as a drilling overlay. He stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed amendment to the Future Land Use Plan narratives. With there being no one registered to speak, Mayor Pro Tern McCartney closed the public hearing at 7:26 P.M. C. Consider an ordinance amending 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 Council Regular Meeting Minutes May 08, 2014 Page 10 of 20 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,537. By a show of raising their right hands the vote was as (follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN NARRATIVES CONCERNING NATURAL RESOURCE MANAGEMENT (OIL AND GAS), NEIGHBORHOOD PROTECTION AND ECONOMIC GROWTH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance rezoning approximately 1,373 acres of the Goose Creek Oil Field, as defined in the Unified Land Development Code, as a drilling overlay district in Harris County, Texas. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,538. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tom David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,538 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 1,373 ACRES OF THE GOOSE City Council Regular Meeting Minutes May 08. 2014 Page 11 of 20 CREEK OIL FIELD, AS DEFINED IN THE UNIFIED LAND DEVELOPMENT CODE, AS A DRILLING OVERLAY DISTRICT ( "DOD "); PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS (52,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. REZONING OF 0 SCHILLING AVENUE a. Conduct a public hearing concerning a proposed amendment to the official zoning map for the property located at 0 Schilling Ave, Lot 2, Block 8, in Morrell Park Section I Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a General Commercial (GC) District. At 7:29 P.M., Mayor Pro Tern McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map for the property located at 0 Schilling Ave, Lot 2, Block 8, in Morrell Park Section I Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a General Commercial (GC) District. City Manager Leiper stated that currently, a business exists on two lots located at the southeast comer of Garth Road and Schilling Avenue. He stated that one lot is zoned GC and the other SF2, but that the single commercial building is built across the property lines of those two lots. He staled that the lot that fronts along Garth Road is zoned GC and the adjacent lot is zoned SF2. He further stated that during the "retrapping" process for the ULDC, the subject (back) lot was incorrectly zoned SF2, therefore, this is a city - sponsored zoning amendment application to correct the zoning on the lot that was mistakenly zoned SF2. He stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed zoning amendment from SF2 to GC. With there being no one registered to speak, Mayor Pro Tern McCartney closed the public hearing at 7:31 P.M. b. Consider an ordinance rezoning the property located at 0 Schilling Ave, Lot 2, Block 8, in Morrell Park Section I Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a General Commercial (GC) District. A motion was made by Council Member Mercedes Renteria 111 and seconded by Council Member Chris Presley approving Ordinance No. 12,539. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tent David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,539 City Council Regular Meeting Minutes May 08, 2014 Page 12 of 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE PROPERTY LOCATED AT 0 SCHILLING AVE, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 8, MORRELL PARK SECTION 1 SUBDIVISION, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) DISTRICT TO A GENERAL COMMERCIAL (GC) 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. 6. REZONING OF 719 SCHILLING AVENUE a. Conduct a public hearing concerning a proposed amendment to the official zoning map for the property located at 719 Schilling Ave, Lot 3, Block 8 in Morrell Park Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a Neighborhood Serving Commercial (NSC) District. At 7:33 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map for the property located at 719 Schilling Ave, Lot 3, Block 8 in Morrell Park Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a Neighborhood Serving Commercial (NSC) District. City Manager Leifer stated that currently, this property is a vacant residential structure within a SF2 zoning district and is adjacent to an occupied residential structure zoned SF2 on the east side. He stated that of is also adjacent to the commercial structure in the previous item, 0 Schilling, on the west side, which is being rezoned from SF2 to GC. He stated that if this zoning amendment is approved, the applicant would still need to request a commercial building permit before a commercial use would be approved. He stated that any commercial building permit would need to adhere to all code requirements for a commercial development within a NSC district including, but not limited to, parking, setbacks, maximum percent of lot coverage, masonry, architectural, and landscape requirements. City Manager Leiper stated that the property is approximately 0. 138 acres and, if rezoned, would not be adjacent to or near any other property zoned NSC. He stated that this property was purchased after it was zoned SF2, and for that reason staff is not in favor of the amendment. He further stated that the Planning and Zoning Commission voted to recommend approval of the proposed zoning amendment from SF2 to NSC. City Council Regular Meeting Minutes May 08, 2014 Page 13 of 20 Mike Beard and Sally Garcia both registered to speak regarding agenda item 6.a Mr. Beard stated that he urges Council to vote against this amendment to preserve the older neighborhoods to their original design. Ms. Garcia stated that she was speaking behalf of the applicant, Ms. Sanchez who decided to purchase the properly on April 2nd. She stated that the ordinance was changed on April 30th and Ms. Sanchez's contract was approved to purchase the property on May 2nd. Ms. Garcia stated that Ms. Sanchez started her application to purchase the property for a small boutique on April 8th. Ms. Garcia stated that the property in question is located near current commercial properties. At 7:42 P.M., Mayor Pro Tem McCartney closed the public hearing. b. Consider an ordinance rezoning the property located at 719 Schilling Ave, Lot 3, Block 8 in Morrell Park Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a Neighborhood Serving Commercial (NSC) District. City Manager Leiper presented the agenda item and stated that the recommendation is for disapproval of this ordinance. Mr. Nathan Dietrich, Senior Planning Manager stated that around the time that Ms. Sanchez purchased the property was around the same time when the ULDC was adopted and beforehand the property was zoned mixed use, in which at that particular time this use would have been allowed in the mixed use district. He further stated that with the rezoning, this is no longer an allowable use. City Manager Leiper stated that Ms. Sanchez closed on the property after the zoning was in effect as a vacant single family home. He stated that the fact that you purchase a home in an area zoned mixed use does not grandfather to develop a business in it. City Manager Leiper stated that if Ms. Sanchez had started the City's process to build a business at the proposed location, the property would have been grandfathered in. Mike Beard registered to speak regarding agenda item 6.b. and stated that the planning and zoning commission worked hard to start allowing residential subdivisions remain subdivisions. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley for the approval of rezoning the property at 719 Scl» ling Avenue from S172 to NSC district. By a show of raising their right hands the vote was as follows: Ayes: Mayor Pro Tern David McCartney, Council Member Mercedes Renteria 111, Council Member Chris Presley Nays: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Terry Sain Other: Mayor Stephen DonCarlos (Absent) The item failed. City Council Regular Meeting Minutes May 08. 2014 Page 14 of 20 7. AMENDMENTS TO LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND MAXIMUM ALLOWABLE WATER AND WASTEWATER IMPACT FEES a. Conduct a public hearing regarding amendments to the land use assumptions, the capital improvements plan, and the maximum allowable water and wastewater impact fees. At 8:04 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing regarding amendments to the land use assumptions, the capital improvements plan, and the maximum allowable water and wastewater impact fees. City Manager Leiper stated that this public hearing is being conducted in compliance with Chapter 395, Subchapter C of the Texas Local Government Code. He slated that he amendments to the land use assumptions and the capital improvements plan, including the amount of the proposed amended maximum allowable impact fee per service unit, was available to the public prior to the publication of the notice. He further stated that notice of this hearing was given in compliance with law and was published in The Baytown Stn on Sunday, April 06, 2014. City Manager Leiper stated that the City of Baytown's most recent amendments to its land use assumptions, CUP and impact fees were adopted in 2011. He stated that State law requires municipalities to update and amend their land use assumptions, CIP and impact fees at least every five years. He further stated that staff felt that it was advantageous to amend the plan to add additional projects, because when impact fees are collected, the funds of the impact fees can only be used on projects listed on the capital improvement plan. He stated that on March 27, 2014, the City Council received the update of the land use assumptions, capital improvements plan, and impact fees, determined to amend the plan and set a public hearing for May 08, 2014. He further stated that the Planning and Zoning Commission, acting in its authority as the Capital Improvements Advisory Committee, met and reviewed the amendments to the land use assumptions, capital improvements plan and impact fees on March 18, 2014. He stated that thereafter, the Commission filed its written comments which were given to Council at the last meeting. City Manager Leiper stated that this proposed update to the land use assumptions, the CIP, and the maximum allowable water and waste -water impact fees determined that the maximum allowable fees are $1,074.00 for water and $2,356.00 for wastewater per equivalent dwelling unit. He stated that the ordinance in agenda item 7.b., while setting those maximums retains the impact fees at the level it was established when originally adopted in 2004 which is $324.47 for water and $1,918.99 for wastewater. Additionally, he stated that this rate was adopted at this level in 2004 and staff amended the CIP and maximum allowable impact fees, but have not changed the actual impact fees in 2006, 2010, and 2011. With there being no one registered to speak, Mayor Pro Tem McCartney closed the public hearing at 8:07 P.M. City Council Regular Meeting Minutes May 08, 2014 Page 15 of 20 It. Consider an ordinance approving amendments to the land use assumptions, the capital improvements plan, and the maximum allowable water and wastewater impact fees. City Manager Leiper slated for clarification, that the approval sets the maximum water impact fee at $1,074.00 and the maximum wastewater impact fee at $2,356.00 in accordance with state law, but does not change the impact fee charge of $324.47 for water and $1,918.99 for wastewater. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,540. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCulos (Absent) Approved ORDINANCE NO. 12,540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AMENDMENTS OF THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AND AMENDING CHAPTER 114 "SEWER AND WATER LINE EXTENSIONS," ARTICLE IV "IMPACT FEES," SECTION 114 -99 "IMPACT FEES; GENERALLY," SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE MAXIMUM IMPACT FEE PER SERVICE UNIT THAT CAN BE ASSESSED AGAINST NEW DEVELOPMENT FOR WATER AND WASTEWATER IMPROVEMENTS AND FACILITIES ATTRIBUTABLE TO THE DEVELOPMENT PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8. PROPOSED ORDINANCES City Manager Leiper stated that both agenda items 8.a. and 8.b. would be considered together. a. Consider an ordinance authorizing the First Amendment to the Interlocal Agreement for a Street, Utilities, and Lift Station associated with the New Elementary School next to Victoria Walker Elementary School with the Goose Creek Consolidated Independent School District. City Council Regular Meeting Minutes May 08, 2014 Page 16 of 20 b. Consider an ordinance awarding a construction contract to Angel Brothers Enterprises, LTD, for the Eastpoint Blvd. Realignment and Lift Station Replacement Project, contingent upon Goose Creek Consolidated Independent School District's approval of an amendment to an Interlocal agreement related to the funding of this project. City Manager Leiper presented the agenda items and stated that the District and the City entered into the Interlocal Agreement, under which the District engaged a design professional for design, bidding and construction phase services for certain street, sidewalk, utilities and lift station improvements and assigned such agreement to the City. He stated that the design has been finished and bids have been submitted, but the description of expenses contained in the bid document and the description contained in the Interlocal Agreement do not match precisely, as design was not completed at the time the District and the City entered into the Interlocal Agreement. He further stated that this amendment is to match the costs with the line items as originally contemplated in the Interlocal Agreement. City Manager Leiper stated that agenda item 8.b. is the actual construction contract, which is contingent upon Goose Creek approval and recommended that both agenda items S.a. and 8.b. be considered together. Council Member Capetillo requested clarity if there will be a discussion regarding the Eastpoint Boulevard connection segment. City Manager Leiper stated that it is not funded or designed to have a public meeting to discuss the resident's opinion on connecting the two subdivisions. A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,541. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Roberl C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,541 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR A STREET, UTILITIES, AND LIFT STATION ASSOCIATED WITH THE NEW ELEMENTARY SCHOOL NEXT TO VICTORIA WALKER ELEMENTARY SCHOOL WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes May Os, 2014 Page 17 of 20 ORDINANCE NO. 12,542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE EASTPOINT BLVD. REALIGNMENT AND LIFT STATION REPLACEMENT PROJECT, CONTINGENT UPON GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT'S APPROVAL OF AN AMENDMENT TO AN INTERLOCAL AGREEMENT RELATED TO THE FUNDING OF THIS PROJECT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWO MILLION FOUR HUNDRED SIXTY -TWO THOUSAND THREE HUNDRED TWENTY -TWO AND NO /100 DOLLARS ($2,462,322.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. DISCUSSIONS Discuss closing Lobit at N. Main and establishing a Downtown Railroad Quiet Zone. Deputy City Manager Bottoms presented the agenda item and stated there's been discussion of creating a quiet zone in the downtown area of Baytown. He stated that the recent acquisition of a key piece of property at N. Main and Lobit has opened the door to formally pursue the quiet zone designation with the railroad from Gulf to Fayle. He stated that according to risk analysis calculations, the City meets the threshold for obtaining the quiet zone designation based on closing Lobit at N. Main and installing crossing guards on N. Main at Lobit. City Manager Leiper stated that in order to apply for the quiet zone, Council must pass the ordinance to close Lobit. He stated that Lobit will not be closed until the quiet zone is approved. During further discussion, Council Member Renteria recommended that when determining a street closure that there be much consideration of the impact on the neighborhood in regards to traffic, due to a past street closure results. Mayor Pro Tem McCartney stated that the direction from Council was to move forward with the street closure. 10. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Brandon Capetillo approving consent agenda items IO.a. and 1 O.b. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley City Council Regular Meeting Minutes May 08, 2014 Page 18 of 20 Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved a. Consider a proposed ordinance granting a pipeline permit to Exxon Mobil Corporation. ORDINANCE NO. 12,543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO EXXON MOBIL CORPORATION TO INSTALL ONE NEW TEN -INCH PIPELINE; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts, and supplies for meter maintenance from HD Supply Waterworks, Ltd. ORDINANCE NO. 12,544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FOUR HUNDRED FORTY -ONE THOUSAND AND NO /100 DOLLARS ($441,000.00) TO HD SUPPLY WATERWORKS, LTD., 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. It. APPOINTMENTS a. Consider an appointment to fill one (1) vacancy to the Tow Truck Committee. City Manager Leiper presented the agenda item to consider an appointment to fill one (1) vacancy to the Tow Truck Committee. He stated that there is currently one (1) Citizen At -Large vacancy on this committee to fill Mr. Porter Flewellen's position; he submitted his resignation on April 08, 2014. He stated that there are two applications on file for this position: Mr. Agustin Laredo's and Mr. Jerry Ymbrough's. He further stated that should one of the applicants be appointed, they would complete Mr. Flewellen's unexpired term, which is set to expire on March 31, 2015. Council Member Hoskins nominated Mr. Agustin Loretto to fill the appointment to the Tow Truck Committee. City Council Regular Meeting Minutes May O8, 2014 Page 19 of 20 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving the appointment of Agustin Loredo to the Tow Truck Committee. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tom David McCartney, Council Member Mercedes Renteria IB, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved b. Receive the Mayor's appointment of one (1) representative to the 2014 Technical Advisory Committee. City Manager Leiper presented the agenda item to receive the Mayor's appointment of Tiffany Foster to the 2014 Technical Advisory Committee. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the appointment of Tiffany Foster to the 2014 Technical Advisory Committee. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renleria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved 12. MANAGER'S REPORT a. The Baytown City Manager will provide updates and information regarding the following items: • Fire Station No. 7 Ribbon Cutting Ceremony; • Spur 330 Flyover Ribbon Cutting Ceremony; • Grand Opening of Waterpark Expansion; and • May 2014 is the Sterling Municipal Library's Food for Fines City Council Regular Meeting Minutes May 08, 2014 Page 20 of 20 City Manager Leiper presented the agenda item and stated that the Community Garage Sale is on Saturday, May 10th at the Bicentennial Park from 8:00 A.M. - 3:00 P.M. He stated that the Spur 330 Flyover Ribbon Cutting Ceremony will be on Thursday, May 15th at 4:00 P.M.; the Grand Opening of Waterpark Expansion on Friday, May 16th at 6:00 P.M. with the program starting at 6:30 P.M.; the Public Works Expo on Saturday, May 17th from 10:00 A.M. 2:00 P.M. at the San Jacinto Mall parking lot; the Fire Station No. 7 Ribbon Cutting Ceremony on Thursday, May 22nd, 2014 at 5:00 P.M.; and that May is Food for Fines month at the Sterling Municipal Library. Mayor Pro Tem McCartney stated that the post office is also having the Letter Carrier Food Drive on May 10th. 13. ADJOURN A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley adjourning the May 08, 2014, City Council Regular meeting. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved With there being no further business to discuss, Mayor Pro Tem McCartney adjourned the May 08, 2014, City Council Regular Meeting at 8:22 P.M.