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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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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 zU