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2016 05 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 12, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, May 12, 2016, 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 David McCartney Chris Presley Terry Sain Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Rick Davis Ignacio Ramirez Leticia Brysch Keith Dougherty City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the May 12, 2016, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Members Hoskins and Renteria who were both absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney. 1. MINUTES a. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on April 14, 2016. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving April 14, 2016, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) City Council Regular Meeting Minutes May 12, 2016 Page 2 of 16 Approved b. Consider approving the minutes of the Baytown City Council Special Work Session and Special Meeting held on April 26, 2016. A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley approving April 26, 2016, City Council Special Work Session and Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Presentation of the Distinguished Service Cross to Officer Cory Moseray by Chief Dougherty. Police Chief, Keith Dougherty presented to Officer Cory Moseray the Distinguished Service Cross for service on April 11, 2016, while responding to an alarm call in the 3000 block of Garth Road. b. Present a proclamation designating May 15 -21, 2016, as Emergency Medical Services Week in Baytown. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to members of the EMS team a proclamation designating May 15 -21, 2016, as Emergency Medical Services Week in Baytown. C. Present a proclamation designating May 15 -21, 2016, as National Public Works Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Elodgie Davis and Johnny Malone a proclamation designating May 15 -21, 2016, as National Public Works Week. City Council Regular Meeting Minutes May 12, 2016 Page 3 of 16 d. Present a proclamation designating May 23 -27, 2016, as Building Safety Week in Baytown. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to members of the Planning Department a proclamation designating May 23 -27, 2016, as Building Safety Week in Baytown. 3. ECONOMIC DEVELOPMENT PROJECT Mayor DonCarlos stated that agenda items 3.a. and 3.b. would be considered together. a. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding of a development project. b. Consider an ordinance authorizing a Chapter 380 Agreement for a development project. City Manager Davis introduced John Rose, Due Diligence Manager of HEB to present an announcement. Mr. Rose stated that the City of Baytown staff worked diligently with them to develop an HEB for Baytown that has a minimum square footage of 80,000, and that the ground breaking will begin later this year with business to begin toward the end of 2017. City Manager Davis stated that this is part of a 380 agreement that represents a $2.75 million dollar investment on behalf of the City and a $15 million dollar investment made by HEB by January 2018. He stated that Santavy Road agreement or conditions must be satisfied in order for the developer to be entitled to the incentives provided by the City. He stated that this project will have a minimum taxable value of $10 million dollars and for ten (10) years $150,000 will be contributed yearly by the MDD with the remaining to be contributed by the City. He further stated that this project is part of a larger development to include other pad sites and retailers. City Manager Davis stated that the City will be involved with designing and constructing approximately 1,100 feet of Hunt Road, in which, MDD will also assist with the associated costs for the design. Additionally, he stated that this agreement allows for certain exceptions for the sign ordinance for HEB signs. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 13,188 and Ordinance No. 13,189. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tent Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,188 City Council Regular Meeting Minutes May 12, 2016 Page 4 of 16 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING A DEVELOPMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH HEB GROCERY COMPANY, LP; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. AMENDMENTS TO THE UNIFIED LAND DEVELOPMENT CODE (ULDC) a. Conduct a public hearing concerning amending the text of the Unified Land Development Code (ULDC) to add a definition of "vegetative buffer zone "; to allow nursing homes and assisted living facilities in the Neighborhood Serving Commercial (NSC) zoning district with conditions; and to add vegetative buffer zones to the compatibility standards for the NSC zoning district. At 6:48 P.M., Mayor DonCarlos opened and conducted a public hearing concerning amending the text of the Unified Land Development Code (ULDC) to add a definition of "vegetative buffer zone "; to allow nursing homes and assisted living facilities in the Neighborhood Serving Commercial (NSC) zoning district with conditions; and to add vegetative buffer zones to the compatibility standards for the NSC zoning district. Planning and Community Development Director, Tiffany Foster stated that this is the public hearing regarding the following proposed amendments to the ULDC: • adding a definition for a "vegetative buffer zone," • adding a use allowing nursing homes and assisted living facilities in the Neighborhood Serving Commercial zoning district with conditions; and • adding a wider vegetative buffer zones in between any other NSC use in residential, single family, and multi - family zone. City Council Regular Meeting Minutes May 12, 2016 Page 5 of 16 She further stated that staff requests for Council to consider approval of adding the definition of a vegetative buffer zone and allowing nursing homes and assisted living facilities to such use, but to allow for staff to bring back at a later date and further explore other options for adding buffers to any other NSC uses, which are the smaller commercial uses adjacent to neighborhoods. With there being no one registered to speak regarding agenda item 4.a., Mayor DonCarlos closed the public hearing at 6:50 P.M. b. Consider an ordinance amending the text of the Unified Land Development Code (ULDC) to add a definition of "vegetative buffer zone "; to allow for nursing homes and assisted living facilities in the Neighborhood Serving Commercial (NSC) zoning district with conditions; and to add vegetative buffer zones to the compatibility standards for the NSC zoning district. A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley approving Ordinance No. 13,190, excluding the provisional of adding the vegetative buffer zones to the compatibility standards for the NSC zoning district, as it will be considered at a late date. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sam, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," "SECTION 2.09 "LAND USE TABLES." TABLE 2 -2 NON - RESIDENTIAL USES," PERTAINING TO "NURSING HOMES AND ASSISTED LIVING FACILITIES" AND ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY STANDARDS," SUBSECTION (D) "NEIGHBORHOOD SERVICING COMMERCIAL (NSC)" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," SECTION City Council Regular Meeting Minutes May 12, 2016 Page 6 of 16 A "NON- RESIDENTIAL CATEGORIES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD SUBSECTION 58 "NURSING HOMES AND ASSISTED LIVING FACILITIES" AND ARTICLE IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A DEFINITION OF "VEGETATIVE BUFFER ZONE "; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning text amendments to the Code of Ordinances, including the Unified Land Development Code (ULDC) in order to remove all reference to Neighborhood Conservation (NC), a zoning district no longer used. At 6:52 P.M., Mayor DonCarlos opened and conducted a public hearing concerning text amendments to the Code of Ordinances, including the Unified Land Development Code (ULDC) in order to remove all reference to Neighborhood Conservation (NC), a zoning district no longer used. Mrs. Foster stated that when the ULDC was adopted in 2013, the Neighborhood Conservation (NC) Zoning District was not used, which was part of the previous code from 1995. She stated that in an effort to keep things up to date and remove any sort of confusion caused by the ULDC or sections of the code, this action removes all reference to NC from the Code of Ordinances including the ULDC. With there being no one registered to speak regarding agenda item 4.c, Mayor DonCarlos closed the public hearing at 6:52 P.M. d. Consider an ordinance concerning text amendments to the Code of Ordinances, including the Unified Land Development Code (ULDC), in order to remove all reference to Neighborhood Conservation (NC), a zoning district no longer used. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Chris Presley approving Ordinance No. 13,191. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved City Council Regular Meeting Minutes May 12, 2016 Page 7 of 16 ORDINANCE NO. 13,191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 'BUILDINGS AND BUILDING REGULATIONS," ARTICLE II 'BUILDING CONSTRUCTION STANDARDS," DIVISION 3 'BUILDING CODE," SECTION 18 -93 "SIDEWALKS," SUBSECTION (A); AND ARTICLE XIV "LANDSCAPING," SECTION 18- 1206.5 "VEGETATIVE BUFFER ZONES," SUBSECTION (C) "GENERAL"; CHAPTER 21 "CABLE AND TELECOMMUNICATION REGULATIONS," ARTICLE III "TELECOMMUNICATION REGULATIONS," DIVISION 2 "STANDARDS," SECTION 21 -111 "TELECOMMUNICATION TOWER STANDARDS," SUBSECTION (D) "FENCING "; SECTION 21 -112 "TOWER LOCATION STANDARDS," SUBSECTION (B) RESIDENTIAL'; SECTION 21 -113 "ALTERNATIVE MOUNTING STRUCTURES," SUBSECTION (C); SECTION 21 -114 "ANTENNA MOUNTING STANDARDS," SUBSECTION (2); SECTION 21- 116 "MEASUREMENT OF DISTANCES "; AND SECTION 21 -117 "SUMMARY TABLE"; CHAPTER 74 "PEDDLERS AND SOLICITORS," ARTICLE I1 "ITINERANT MERCHANTS AND OPEN AIR VENDORS," DIVISION 1 "GENERALLY," SECTION 74 -33 "GENERAL PROHIBITIONS," SUBSECTION (B); CHAPTER 82 "SECONDHAND GOODS," ARTICLE IV "GARAGE SALES," SECTION 82 -204 "PERSONS AND SALES EXCEPTED," SUBSECTION (A); AND APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.09 "LAND USE TABLES," TABLE 2-4 "RESIDENTIAL USES" AND TABLE 2 -5 "RESIDENTIAL ACCESSORY USE TABLE "; AND SECTION 2.095 "CERTAIN TYPICAL ACCESSORY USES," SUBSECTION (A); AND ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 1 'PROPERTY DEVELOPMENT STANDARDS," TABLE 3 -1 'PROPERTY DEVELOPMENT STANDARDS" AND DIVISION 2 "OPERATIONAL PERFORMANCE STANDARDS," SECTION 3.08 "STANDARDS," SUBSECTIONS (A), (B), AND (D)(1) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE ALL REFERENCES TO THE NEIGHBORHOOD CONSERVATION (NC) ZONING DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00) OR TWO THOUSAND AND NO /100 DOLLARS ($2,000.00) DEPENDING UPON THE VIOLAION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance for the first reading of the ordinance for the voluntary annexation of approximately 1.77 acres of land, save and except land previously annexed (approximately 1.19 acres) by Ordinance No. 5,388 (balance of 0.58 acres), located at 6822 City Council Regular Meeting Minutes May 12, 2016 Page 8 of 16 North State Highway 146, legally described as part of and out of Jacob Armstrong Survey, Abstract No. 2, Chambers County, Texas. Mrs. Foster presented the agenda item and stated that Ordinance No. 13,192 is the first reading regarding the proposed voluntary annexation of approximately 1.77 acres of land, located east of State Highway 146. She stated that the balance of the land being annexed at this time is approximately 0.58 acres for future retail/commercial development and an application to rezone the property is being processed concurrently with this application. Additionally, she stated that the second and final reading of this ordinance, completing the annexation proceedings, is scheduled for the City Council meeting on June 09, 2016. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Chris Presley approving Ordinance No. 13,192. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 1.77 ACRES OF LAND, SAVE AND EXCEPT LAND PREVIOUSLY ANNEXED (APPROXIMATELY 1.19 ACRES) BY ORDINANCE NO. 5,388 (BALANCE OF 0.58 ACRES) LOCATED AT 6822 NORTH STATE HIGHWAY 146, LEGALLY DESCRIBED AS PART OF AND OUT OF JACOB ARMSTRONG SURVEY, ABSTRACT NO. 2, CHAMBERS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance authorizing Change Order No. 1 to the San Jacinto Blvd. Lift Station Project with Peltier Brothers Construction, LTD. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 13,193 authorizes Change Order No. 1 to the San Jacinto Blvd Project with Peltier Brothers Construction, LTD, in the amount of $68,538.02. He stated that this change order provides the City Council Regular Meeting Minutes May 12, 2016 Page 9 of 16 additional construction costs to relocate the Lift Station from the SE corner of San Jacinto and Santavy Street, to the NE comer of the same intersection. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 13,193. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH PELTIER BROTHERS CONSTRUCTION, LTD, FOR THE SAN JACINTO BOULEVARD LIFT STATION PROJECT, IN THE AMOUNT OF SIXTY - EIGHT THOUSAND FIVE HUNDRED THIRTY -EIGHT AND 02/100 DOLLARS ($68,538.02); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing Change Order No. 2 to the E. Baker Rd Pipebursting Project with T Construction L.L.C. Mr. Pastrana presented the agenda item and stated that Ordinance No. 13,194 authorizes Change Order No. 2 to the E. Baker Rd. Pipebursting Project with T Construction L.L.C., in the amount of $157,899.60. He stated that the scope of work includes additional pipebursting costs associated with an unforeseen HDPE line, additional well pointing, and the replacement of a section of the cool deck at 901 Chad Lane, Baytown, TX 77521. Additionally, he stated that the original contract was awarded for $823,420.00, with Change Order No. 1 that increased the contract by $15,005.00 and this change order which will increase the contract total to $996,324.60. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Chris Presley approving Ordinance No. 13,194. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes May 12, 2016 Page 10 of 16 Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH T CONSTRUCTION L.L.C., FOR THE EAST BAKER ROAD PIPEBURSTING PROJECT, IN THE AMOUNT OF ONE HUNDRED FIFTY -SEVEN THOUSAND EIGHT HUNDRED NINETY -NINE AND 60/100 DOLLARS ($157,899.60); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the awards of the Annual Mosquito Control Chemicals Contract. Health Department Director, Mike Lester presented the agenda item and stated that one of the issues with purchasing the chemicals being used that's in the bid process are manufactured set prices. He stated that some of the vendors bid on different parts of the project but the items that are manufactured through set prices are all the same; therefore, Council must draw who gets that portion of the contract. Awards of the items determined by Council drawing lots for each item separately were as follows: • Council Member Presley drew Adapco Inc. for Chemical #7 - Pyrethroid with a synergist (ready to use — premix) labeled for storm drains; • Council Member McCartney drew Clark Mosquito Control for Chemical #10 - Carrying oil for Pyrethroid Mix; • Council Member Sain drew Univar USA for Chemical #11 - Biological Mosquito Larvicide Briquettes; • Mayor DonCarlos drew Adapco, Inc. for Chemical #12 - Biological Mosquito Larvicide briquettes that contains Bacillus Thuringiensis Israelensis and 6% Bacillus Sphaericus as active ingredients; and • Council Member Capetillo drew Target Specialty Products for Chemical #13 - Mosquito Larvicide granular that contains at least 9% Bacillus Sphaericus. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern Terry Sain approving Ordinance No. 13,195. The vote was as follows: City Council Regular Meeting Minutes May 12, 2016 Page 11 of 16 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING BIDS FOR THE ANNUAL MOSQUITO CONTROL CHEMICALS CONTRACT FROM ADAPCO, INC., FOR ITEM NOS. 3, 9, 12, AND 18; CLARK MOSQUITO CONTROL PRODUCTS, INC., FOR ITEM NOS. 1, 4, 6, 10, 14, 15, 16, AND 19; TARGET SPECIALTY PRODUCTS FOR ITEM NOS. 5, 8, 13, AND 17; AND UNIVAR USA, INC., FOR ITEM NOS. 2 AND 11; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDREDTHOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance granting a variance to the 75 -foot buffer requirement contained in the Watershed Protection Zone Ordinance for the construction and operation of a new recreational vehicle park to be located at 1512 Jones Road. Mr. Pastrana presented the agenda item and stated that this proposed ordinance grants a variance to the 75 -foot buffer requirement contained in the Watershed Protection Zone Ordinance for the construction and operation of a new recreational vehicle park to be located at 1512 Jones Road. He stated that the City received a watershed protection zone application from Peter Swales for the construction and operation of an RV Park at 1512 Jones Road, but in order to grant the watershed protection zone permit as requested, a variance is required because the proposed development is located within the 75 -foot buffer strip. He noted that the strip is required to remain in its natural state to the maximum extent possible, and be planted with erosion resistant vegetative cover in those areas that have been disturbed. Mr. Pastrana stated that the City Council may grant a variance so long as it does not circumvent the general purpose and intent of the Watershed Protection Zone Ordinance, but must also consider whether the property owner has any reasonable use of the land without the variance, if the property is used seasonably or year- round, if the variance is being requested solely on the basis of economic considerations, and whether the characteristics of developments on adjacent properties may be affected by the variance. He stated that conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. He further stated that if the ordinance is approved, the variance issued will reflect a summary of the public record/testimony received as well as the findings of fact and conclusions which support the issuance of the City Council Regular Meeting Minutes May 12, 2016 Page 12 of 16 variance. Mr. Pastrana stated that staff does not recommend approval based on the following facts considered but are not limited to: 1) the development potentially increases rather decreases the adverse effects of polluted runoff discharges, as no stormwater management facilities are proposed for the areas that will be disturbed by the development; 2) As the site of the proposed recreational vehicle park is in a floodway, there is real risk of sanitary sewer infiltration and/ overflow discharging into Cedar Bayou; 3) Being in the floodway, the proposed development is at greatest risk to public safety due to flooding, including the risk of non - permanent structures being swept away in a flash flood. Cedar Bayou topped its banks in early November, 2015 and around April 18, 2016. The elevation at the top of the bank is 6 feet above sea level. Harris County Flood Warning System (HCFWS) at the nearest station # 1723 along Cedar Bayou (see attached) estimates flood elevations for a 10% and 1% frequency storm to be 9.60 feet, and 12.20 feet above sea level respectively. Therefore, for a 10% frequency storm, it is estimated that the floodwaters will top the banks by over 3 feet, risking public safety; and 4) Building in a floodway of Cedar Bayou will require approval for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Maps (FIRMS) from Harris County Flood Control District (HCFCD), which has not been obtained. Without approval of HCFCD, the City's Community Rating System (CRS) under the National Flood Insurance Program (NFIP) could be adversely affected. Lane Cline, Victoria Fayle, Peggy Scrivner, Keith Coburn, Chris Buckner, Will Myers, Drew Williams, Marilyn Williams, Lilly Morrow, Marie Lester, Mike Lester, Shannon Logan, and Tommy Logan all registered to speak regarding agenda item 5.e. Mr. Lane Cline stated that over the last year they've monitored the flooding for this property and according to a report from Harris County Flood, water didn't top the property in April 2016, or in November 2015, when Houston was under major flooding whereas the water was close to the top but did not crest. As it relates to water runoff concerns, he stated that developing and putting a concrete surface is not more polluting than what's already surfaced being used as a dumpsite. During further discussion and as it relates to the sewer system, he stated that the one to be installed will be sealed tight and will not discharge. As it relates to public safety, he stated that if a flood is coming they have a 30 hour warning notice to inform the public. Ms. Victoria Lane did not speak and deferred her time to Mr. Keith Coburn. Mr. Keith Coburn presented photos from April 2016 of a typical flood that occurs on the base of James Street and Kilgore Road, which is the primary and only exit from the proposed project. He included a photo of approximately eight (8) inches of water flooded across the dead end of Jones Road, which is located next to proposed subject property. He stated that immediately to the right of the flood scene on the end of Jones Road was the Bayou. He stated that he's approximately 200 yards from the proposed subject's property site and from the pictures that he provided; it City Council Regular Meeting Minutes May 12, 2016 Page 13 of 16 would be very difficult for access to and from the proposed site when flooding. He stated that the proposed property is within 10 feet of the Bayou's border 30 of their 100 proposed sites. Ms. Peggy Scriver, Mr. Chris Buckner, Mr. Drew Williams, Ms. Marilyn Williams, Ms. Lilly Morrow, Ms. Marie Lester all stated that they opposed the approval of the proposed project. Mr. Will Myers stated that the proposed property belongs to his sister and if the project goes through, this is going to be her retirement. He stated that by not allowing the variance, there would not be much use for the property and that the land on the both sides of the property won't have any effect on the joining properties. Additionally, he stated that the company wanting to purchase the proposed project property is willing to resurface Jones Road. Mr. Mike Lester deferred his time to Mr. Tommy Logan. Mr. Tommy Logan stated that this proposed project will further increase crime and accidents of property damage, while decreasing the property value of homes in this area. He stated that the proposed property, as well as, the surrounding properties are in a flood way and in the event of a flood, the proposed project can't safely be evacuated. He further stated that bordering his property is approximately five (5) acres, whereas, the main elevated structure would include a member's lounge and office reception area, such as a restaurant or bar. Additionally, W. Logan stated that he opposes to having a bar in his backyard and further opposes the approval of this variance. Council Member Presley stated that in the past there were RV parks proposed and were advocated for although property rights were mentioned. He stated that the point made in this case, which was also made in other cases, was what the other reasonable use for the property is and Council approved things in the past based on that rationale. Additionally, he stated that Council should strive to be as consistent as possible in the future. Council Member Capetillo stated that during discussions on the direction and future of Baytown, better housing and amenities were mentioned and not an RV Park. He further stated that an RV park is not appropriate for this area although it may be in other areas of town. Mayor DonCarlos stated that in looking at the four (4) factors in determining whether or not to grant a variance, he finds at least two that are reasonable alternatives for the use for the property without the variance and was in favor of denying the variance. A motion was made by Mayor Pro Tent Terry Sain and seconded by Council Member Chris Presley approving to deny the variance to the 75 -foot buffer. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes May 12, 2016 Page 14 of 16 Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved 6. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 6.a. through 6.e. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Air Products LLC. ORDINANCE NO. 13,196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR PRODUCTS LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the acceptance and release of retainage of the South Road Traffic Signal Project with Traf -Tex, Inc. ORDINANCE NO. 13,197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE SOUTH ROAD TRAFFIC SIGNAL PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -ONE THOUSAND FIVE HUNDRED SEVENTY -FOUR AND 54/100 DOLLARS ($21,574.54) TO TRAF -TEX, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes May 12, 2016 Page 15 of 16 C. Consider an ordinance authorizing an Advance Funding Agreement with the State of Texas, through the Texas Department of Transportation, for the construction of an auxiliary right -turn lane from eastbound I -10 Frontage Road into the existing San Jacinto Boulevard. ORDINANCE NO. 13,198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ADVANCE FUNDING AGREEMENT FOR AN OPERATIONAL IMPROVEMENTS ON- SYSTEM PROJECT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR DESIGN ENGINEERING AND CONSTRUCTION OF AN AUXILIARY RIGHT TURN LANE FROM EASTBOUND INTERSTATE HIGHWAY 10 FRONTAGE ROAD INTO EXISTING SAN JACINTO BOULEVARD IN BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED EIGHT HUNDRED THOUSAND AND NO /100 DOLLARS ($800,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the First Amendment to the Agreement for Fire Training Facility, Personnel and Equipment with the Baytown Fire Control, Prevention, and Emergency Medical Services District to update communications technology and capital equipment purchases. ORDINANCE NO. 13,199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE AGREEMENT FOR FIRE TRAINING FACILITY, PERSONNEL AND EQUIPMENT WITH THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution authorizing advanced funding for the San Jacinto Blvd. Phase I Project. City Council Regular Meeting Minutes May 12, 2016 Page 16 of 16 RESOLUTION NO. 2421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. MANAGER'S REPORT Mr. Ed Tomjack presented a demonstration of a new website feature publishing crime reports based on map locations which are derived from the crime reports that the officers file. City Manager Davis presented a letter of appreciation to the City of Baytown's Police Department from the Mt. Belvieu Police Department for their assistance during an incident on April 27, 2016. 8. ADJOURN A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney adjourning the May 12, 2016, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent), Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the May 12, 2016, City Council Regular Meeting at 7:40 P.M. Y y5 1} CjT�O m T .O Leticia Brysch, City C1 City of Baytown + S ••••• 5��� z}