2014 06 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
June 12, 2014
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June
12, 2014, at 6:32 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 Tern
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor Pro Tern McCartney convened the June 12, 2014, City Council Regular Meeting with a
quorum present at 6:32 P.M., all members were present with the exception of Mayor DonCarlos
who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins.
1. MINUTES
a. Consider approving the minutes of the City Council Regular Meeting held on May
08,2014.
A motion was made by Council Member Terry Sain and seconded by Council Member Brandon
Capetillo approving the May 08, 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 10
Other: Mayor Stephen DonCarlos (Absent)
Approved
2. SPECIAL USE PERMIT FOR RECREATIONAL VEHICLE RESORT
a. Conduct a public hearing concerning the granting of a special use permit for a
recreational vehicle resort at 6415 SH 146, legally described as Abstract 2, Tracts 19 -1 &
19 -2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres
of land located approximately 400 feet south of Staples Drive, west of SH 146 and east of
Cedar Bayou.
At 6:34 P.M., Mayor Pro Tern McCartney opened and conducted a public hearing concerning the
granting of a special use permit for a recreational vehicle resort at 6415 SH 146, legally
described as Abstract 2, Tracts 19 -1 & 19 -2, Jacob Armstrong Survey, Chambers County, Texas,
being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive,
west of SH 146 and east of Cedar Bayou.
City Manager Leiper stated that this is a public hearing concerning a special use permit to allow
for a RV resort of approximately 26.0 acres for 210 RV stands on a property that is currently
zoned General Commercial (GC), which is the required zoning for an RV park. He stated that an
RV park requires a special use permit prior to the issuance of building permits; and the
development must be over five (5) acres in size. He further stated that in addition to this special
use permit, the applicant will also need to request a watershed protection zone permit and,
depending on the location of the structures, to request to build in the tloodplain to ensure that the
activities being proposed will not impact the riparian area along Cedar Bayou. He stated that the
watershed protection zone permit will be evaluated and issued through the Engineering
Department. City Manager Leiper stated that on May 20, 2014, the Planning and Zoning
Commission voted to recommend approval of the special use permit with the following
conditions:
1. Provide a second point of emergency ingresslegress for the RV Resort coming across the
4+ acre residual tract along SH 146.
2. Provide cross access to the residual tract in conformance with the City's Access
Management parameters as stated in Section 18 -126.
3. Provide at the developers cost, a deceleration lane to reduce traffic impacts on State
Highway 146 in lieu of requesting a full Traffic Impact Analysis.
4. Amenities to include: secure access gate; on -site 24 -hour security /management, pool,
clubhouse, and landscaping in excess of the required streetscape and internal landscaping
sections.
Additionally, he stated that the applicant has been provided a list of amenities and landscaping
that will be included in the development as part of the SUP conditions. He stated that if allowed,
this would be the first RV Park under the new standards.
City Council Regular Meeting Minutes
May 08, 2014
Page 3 of 10
Raymond VanBuskirk registered to speak regarding agenda item 2.a. and stated that he is
concerned of how highway 146 is developing. He stated that plans regarding evacuation routes,
parks and recreation, and green space should be considered for this area.
At 6:42 P.M., Mayor Pro Tern McCartney closed the public hearing.
It. Consider an ordinance concerning the granting of a special use permit for a
recreational vehicle resort at 6415 SH 146, legally described as Abstract 2, Tracts 19 -1 &
19 -2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres
of land located approximately 400 feet south of Staples Drive, west of SH l46 and cast of
Cedar Bayou.
City Manager Leiper stated that as a special use permit this item requires six votes.
Council Member Hoskins requested to allow some of the residents of the Tanglewilde
Subdivision the opportunity to visit another resort and come back before Council for further
discussion.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Terry Sain approving to suspend this agenda item until a subsequent date no later than July 31 at.
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
3. PROPOSED ORDINANCES
a. Consider an ordinance authorizing a Cost - Sharing Agreement with Chambers
County for the realignment of State Highway 146 and the feeder road of Interstate 10,
Baytown, Texas.
City Manager Leiper presented the agenda item and stated that this interlocal agreement enters
into a 50/50 cost -share for some improvements at the intersection of Highway 146 and 1 -10. He
stated that this is not everything that needs to be done, but is a start to reducing the traffic
congestion at the intersection. He further stated that this will make a two lane left turn to
northbound on Highway 146 and also extend the right turn lane for traffic going into Baytown.
He stated that the proposed Cost -Share Agreement provides that the City and the County will
share equally in such costs.
City Council Regular Meeting Minutes
May 08, 2014
Page 4 of 10
City Manager Leiper stated that there was a text change on page 4 of the agreement Section 4.06
but is does not change the intent of the obligation.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 12,560. 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
Nays: None
Other: Mayor Stephen DonCarlos (Absent)
Approved
ORDINANCE NO. 12,560
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A COST -SHARE AGREEMENT WITH
CHAMBERS COUNTY FOR THE REALIGNMENT OF STATE HIGHWAY
146 AND THE EASTBOUND FEEDER ROAD OF INTERSTATE 10;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND AND NO /100 DOLLARS (850,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider authorizing an Economic Development Agreement under Chapter 380 of
the Texas Local Gov't Code to provide economic incentives for the development of a hotel
with conference facilities project on Garth north of 1 -10.
City Manager Leiper stated that this item was not ready and will be moved to another meeting.
C. Consider an ordinance amending Section 2 -595 (4)(a) of the Code of Ordinances,
Baytown, Texas, pertaining to admissions to Pirates Bay Water Park only in order to
restrict the reduced fee for admissions to after 4:00 p.m., Mondays through Thursdays,
excluding holidays.
City Manager Leiper presented the agenda item and stated that the proposed amendment is
designed to alleviate some of the problems due to overcrowding on weekends and holidays. He
stated that specifically, Pirates Bay experiences a daily wave of guests at 4:00 P.M. due to
reduced price tickets furthering the overcrowding problems at the park on weekends and
holidays. He stated that if a guest who paid full price is not admitted until after 4:00 P.M., the
City has been refunding the difference between the full price ticket and the reduced price ticket.
He further stated that it was hoped that the expansion of the park would eliminate the long lines;
City Council Regular Meeting Minutes
May 08, 2014
Page 5 of 10
however, Pirates Bay continues to attract even larger crowds. He stated that reduced rates will
stay in place Monday through Thursday, excluding holidays.
A motion was made by Council Member Mercedes Renteria 111 and seconded by Council
Member Robert C. Hoskins approving Ordinance No. 12,561. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tent David McCartney, Council Member Mercedes Renteria
III, Council Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos (Absent)
Approved
ORDINANCE NO. 12,561
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 1
"GENERALLY," SECTION 2 -595 "FEES FOR VARIOUS CITY SERVICES,"
SUBSECTION (4) "PARKS AND RECREATION SERVICES," SUBSECTION
(A) PERTAINING ONLY TO ADMISSIONS TO PIRATES BAY WATER
PARK OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, TO RESTRICT THE REDUCED FEE FOR ADMISSION TO
PIRATES BAY WATER PARK TO AFTER 4:00 P.M., MONDAYS
THROUGH THURSDAYS ONLY, EXCLUDING HOLIDAYS; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
4. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the City to submit a grant application to The
Junior League of Houston's Community Assistance Grant Program.
City Manager Leiper presented the agenda item and stated that Resolution No. 2314 authorizes
the City to submit a grant application to the Junior League of Houston, Inc.'s Community
Assistance Grant Program on behalf of the Domestic Violence /Special Victims Unit of the
Baytown Police Department. He stated that the Community Assistance Program supports
projects that address a basic or critical need, establish a pilot program, and/or expand a
significant service to the residents of Harris, Brazoria, Fort Bend and/or Waller Counties. He
stated that the Domestic Violence /Special Victims Unit seeks funds in the amount of $6,911.50
to purchase gift cards, basic necessities for victims, and additional trainings for officers in that
unit.
A motion was made by Council Member Terry Sam and seconded by Council Member Brandon
Capetillo approving Resolution No. 2314. The vote was as follows:
City Council Regular Meeting Minutes
May 08, 2014
Page 6 of 10
Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins,
Mayor Pro Tom David McCartney, Council Member Mercedes Renteria
III, Council Member Terry Sam, Council Member Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos (Absent)
Approved
RESOLUTION NO. 2314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE JUNIOR LEAGUE OF
HOUSTON, INC.'S COMMUNITY ASSISTANCE GRANT PROGRAM ON
BEHALF OF THE DOMESTIC VIOLENCE/SPECIAL VICTIMS UNIT OF
THE BAYTOWN POLICE DEPARTMENT IN THE AMOUNT OF SIX
THOUSAND NINE HUNDRED ELEVEN AND 50/100 DOLLARS ($6,911.50);
DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING
THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD
THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
5. REPORTS
a. Receive a report regarding proposed improvements to the Baytown Bicentennial
Park and Veterans Memorial Plaza.
Garland Davis registered to speak regarding agenda item 5.a. He presented a report regarding
proposed improvements to the Baytown Bicentennial Park and Veterans Memorial Plaza. He
stated that they replaced the Baytown Veterans Memorial Plaza sign, added two more benches
with one having Keith Grace's name on it and the other bench left blank. He stated that the
estimated cost for the improvements was $12,500 and through fundraising and donations they
received $19,500. He stated that because of the fundraising success they want to make this an
annual event and include a police/fire fighter memorial.
6. DISCUSSIONS
a. Discuss the creation of a Neighborhood Empowerment Zone Program.
City Manager Leiper presented the agenda item and stated that this program was recently
discussed including the waiving of building permit and impact fees. He stated that the
recommendation was to use the component of increasing economic development in the zone and
satisfy tax code requirements. City Manager Leiper stated that there was a question regarding
City Council Regular Meeting Minutes
May 08, 2014
Page 7 of 10
there being a way to project threshold amounts for permit fees. He stated that there is no way to
geographically search building permits and recommended the threshold amounts of $30,000 for
residential and $100,000 for commercial. He further stated that there were also some concerns
that the two elements recommended may not be enough to spur development and that more
needed to be done. During further discussion, City Manager Leiper stated that the possibility of
property tax abatement was mentioned. He stated that every few years, Council renews property
tax abatement guidelines and that staff feels strong that whatever property tax that Council
adopts follows those guidelines. He further stated that the abatement guidelines are now five (5)
years with adopted abatement schedule (100 %, 100 %, 80 %, 60% 50 %). He stated that the tax
abatement could be residential, commercial, or both and it could also be new construction or any
construction.
During further discussion, there was consensus of Council to offer incentives to areas in need,
waive building permit fees with the exception of routine maintenance and minor improvements,
and provide improvement threshold amounts.
City Manager Leiper requested that each Council Member submit to administration a map with
everything that they want included and staff will compile all recommendations to one map and
bring before Council for review. He requested clarity on the threshold amount for building
permits. The consensus of Council was to have a $20,000 threshold amount for residential, a
$75,000 threshold amount for commercial, and Council agreed with trying to figure out a way to
not waive fees on maintenance.
Mrs. Tiffany Foster, Director of Planning and Development clarified that the values on the
permits are construction values and when referencing tax abatement those are taxable values
which is two different values. She stated that Council should specify whether the threshold
amount is going to be on the construction value or the resulting taxable value at the end of a
project.
City Manager Leiper stated that he would not be the June 26th meeting and requested that this
item be moved to the first meeting in July.
7. CONSENT
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C. Hoskins approving consent agenda items 7.a. through 7.f. with item V. as amended.
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 Sam, Council Member Chris Presley
Nays: None
Other: Mayor Stephen DonCarlos (Absent)
City Council Regular Meeting Minutes
May 08, 2014
Page 8 of 10
Approved
a. Consider an ordinance authorizing the closeout and acceptance of the Fire Training
Facility Project — Phase I and the final payment and release of retainage to Cox
Commercial Construction LLC.
ORDINANCE NO. 12,562
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE FIRE TRAINING FACILITY PROJECT — PHASE
I; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY -TWO
THOUSAND TWO HUNDRED EIGHTY AND 84/100 DOLLARS ($92,280.84)
TO COX COMMERCIAL CONSTRUCTION LLC, FOR SAID PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
It. Consider an ordinance authorizing Change Order No. I for the Annual Concrete
Work Contract with Teamwork Construction Services, Inc.
ORDINANCE NO. 12,563
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. I WITH TEAMWORK
CONSTRUCTION SERVICES, INC., FOR THE 2014 ANNUAL CONCRETE
WORK CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND
AND NO /100 DOLLARS ($250,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Microsoft Enterprise Agreement with
SHI /Government Solutions, Inc., for the use of the software on city servers.
OR NO. 12,564
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF SIXTY -THREE THOUSAND EIGHT
HUNDRED TWELVE AND 90/100 DOLLARS ($63,812.90) TO
SHI/GOVERNMENT SOLUTIONS, INC., FOR A MICROSOFT ENTERPRISE
AGREEMENT AND SOFTWARE ASSURANCE FOR ALL CITY SERVERS
THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance amending Chapter 34 "Environment," Article V
"Hazardous Substances, Liquids and Gas Pipelines," Division 2 "Permit and
Registration," Section 34 -232 "Fees" of the Code of Ordinances, Baytown, Texas, to
increase the permit application and renewal fees.
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City Council Regular Meeting Minutes
May 08, 2014
Page 10 of 10
ACCORDANCE WITH SUCH AGREEMENT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
MANAGER'S REPORT
There was no report.
ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III adjourning the June 12, 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 Tern McCartney adjourned the June
12, 2014, City Council Regular Meeting at 7:45 P.M.
Leticia Brysch, City
City of Baytown
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