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2016 05 26 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 26, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, May 26, 2016, 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 Council Member Robert Hoskins Council Member David McCartney Council Member Chris Presley Council Member Terry Sain Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the May 26, 2016, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present with the exception of Council Member Renteria who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. 1. MINUTES a. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on May 12, 2016. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Robert C. Hoskins approving the May 12, 2016, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) City Council Regular Meeting Minutes May 26, 2016 Page 2 of 19 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Consider a resolution accepting an ExxonMobil donation for the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program, the Baytown Nature Center's Environmental Education Program and the Sterling Municipal Library's Reading and Cultural Enrichment Program. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that Resolution No. 2422 accepts a $60,000 contribution from ExxonMobil supporting the Baytown Nature Center's Environmental Education Program, the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program and the Sterling Municipal Library's Reading and Cultural Enrichment Programs. He stated that both the Wetlands Center and the Baytown Nature Center will receive $25,000, and Sterling Municipal Library will accept $10,000. Mr. Johnson stated that the Baytown Nature Center's Environmental Education Program covers the annual cost to fund the BNC Naturalist, the BNC Assistant Naturalist, Tyke Hike and educational supplies with this being the 15th year for funding of this program. He further stated that the donation to the Eddie V. Gray Wetlands Education Center's Wetlands Ecology Program covers the annual costs to fund the 5th Grade Program, and this being the 17th year of the program. Additionally, Director of the Sterling Municipal Library, Jamie Eustace stated that the $10,000 donation to the Sterling Municipal Library's supports Reading and Cultural Enrichment Programs including the Summer Reading Program, Book Clubs, Craft Programs, Science Workshops, Family Nights, and the 3D Printer Media Lab. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving Resolution No. 2422. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO /100 City Council Regular Meeting Minutes May 26, 2016 Page 3 of 19 DOLLARS ($60,000.00) SUPPORTING THE BAYTOWN NATURE CENTER'S ENVIRONMENTAL EDUCATION PROGRAM, THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER'S WETLANDS ECOLOGY PROGRAM AND THE STERLING MUNICIPAL LIBRARY'S READING AND CULTURAL ENRICHMENT PROGRAMS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. The Chief of Police will present the Police Departments Life Saving Award to Officer Nathaniel Brown, Officer Kevin Zinter and Officer Cody Dodson. Police Chief, Keith Dougherty presented to Officer Nathaniel Brown, Officer Kevin Zinter and Officer Cody Dodson the Police Department's Life Saving Award for service on April 30, 2016. C. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their Years of Service. 5 Years Brent Yowell, Finance Department Treasurer Rachel Philo, Administration Executive Assistant 10 Years Jarrett Wilkerson, PD Patrol Officer 15 Years Jennifer Dew, PD Telecommunicator Debbie Robinson, Planning Department Code Enforcement Officer Signs 20 Years Michael Johnson, PW Maintenance Technician, Mechanical Division Eula Sonnier, Library Support Service Specialist 30 Years Charles (Tony) Sorola, Parks Crew Leader 35 years Scott Johnson, Director of Parks and Recreation 3. AMENDMENTS TO THE UNIFIED LAND DEVELOPMENT CODE (ULDC) a. Conduct a public hearing concerning proposed amendments to the Unified Land Development Code to allow the use of containers, with conditions, in all residential zoning districts as primary or accessory uses and to permit barns and stables, with conditions, in the Low Density Single- Family Residential Dwellings (SFI) and Mixed Residential at Low to Medium Densities (SF2) Zoning Districts. City Council Regular Meeting Minutes May 26, 2016 Page 4 of 19 At 6:56 P.M., Mayor DonCarlos opened and conducted a public hearing concerning proposed amendments to the Unified Land Development Code to allow the use of containers, with conditions, in all residential zoning districts as primary or accessory uses and to permit barns and stables, with conditions, in the Low Density Single - Family Residential Dwellings (SF1)and Mixed Residential at Low to Medium Densities (SF2) Zoning Districts. Sr. Planning Manager, Nathan Dietrich stated that this is a public hearing concerning proposed amendments to the text of the Unified Land Development Code (ULDC) to allow the use of containers, with conditions, in all residential districts as primary or accessory uses and to permit barns and stables, with conditions, in the Low Density Single - Family Residential Dwellings (SF1) and Mixed Residential at Low to Medium Densities (SF2) Zoning Districts. He stated that the following conditions for the container includes: that it is placed in the rear of the yard for accessory uses, be on a pitched roof, be on a foundation, and be screened from street rights -of- way with appropriate screenings. He further stated that if the container is to be used for primary use it would need to follow all current zoning requirements. In regards to barns and stables which are not available uses in SF1 and SF2 zoning districts, Mr. Dietrich stated that it has been shown that some subdivisions with large lots could accommodate these types of uses; therefore, this amendment would allow barns and stables in the SF and SF2 districts as accessory uses if the lot is at least one acre. With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed the public hearing at 6:58 P.M. b. Consider an ordinance amending the Unified Land Development Code to allow the use of containers, with conditions, in all residential districts as primary or accessory uses; and to permit barns and stables, with conditions, in the Low Density Single - Family Residential Dwellings (SF1) and Mixed Residential at Low to Medium Densities (SF2) Zoning Districts. Mayor DonCarlos stated that this agenda item topic was also discussed during the work session prior to this council meeting. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,200 to not allow the containers to be used in any future use inside of residential zoning areas. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved City Council Regular Meeting Minutes May 26, 2016 Page 5 of 19 A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 13,200 to deny the proposed ordinance to permit barns and stables in SFl and SF2 zoning districts. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.09 "LAND USE TABLES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT THE USE OF CONTAINERS IN ALL RESIDENTIAL DISTRICTS; 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. 4. REZONING OF APPROXIMATELY 12.8 ACRES OF LAND a. Conduct the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 12.8 acres, located approximately 900 feet east of the intersection of State Highway 146 (SH 146) and Old Needlepoint Road, legally described as part of and out of William Bloodgood Survey, Abstract No. 4 and Restricted Reserve "G", Block 1, Chambers Town Center Minor Replat No. 3, Baytown, Chambers County, Texas, from the General Commercial (GC) Zoning district to the Mid -rise Density Mixed Residential Dwellings Units (MF2) Zoning District. At 7:01 P.M., Mayor DonCarlos opened and conducted the public hearing concerning a proposed amendment to the official zoning map to rezone approximately 12.8 acres, located approximately 900 feet east of the intersection of State Highway 146 (SH 146) and Old Needlepoint Road, legally described as part of and out of William Bloodgood Survey, Abstract No. 4 and Restricted Reserve "G ", Block 1, Chambers Town Center Minor Replat No. 3, Baytown, Chambers County, Texas, from the General Commercial (GC) Zoning district to the Mid -rise Density Mixed Residential Dwellings Units (MF2) Zoning District. City Council Regular Meeting Minutes May 26, 2016 Page 6 of 19 Director of Planning and Community Development, Tiffany foster stated that this is the public hearing regarding an application to rezone approximately 12.8 acres adjacent to Walmart at I -10 and SH 146 from GC to MF2. She stated that the applicant is proposing to develop a premiere Class -A multi - family residential apartment complex consisting of 265 dwelling units on the parcel. She stated that this particular use is consistent with the future land use plan that has a designation of high density residential. She further stated that the applicant provided a traffic impact analysis to the engineering department where it is currently under review. Mr. Foster stated that this application has gone through the Planning and Zoning Commission "P &Z" for two (2) public hearings for consideration, whereas the commission did not recommend approval. Robert Hall Jr., Henry Adair, Brenda Medina, Brian Wood, Byron Wade, Greg Poole, Rusty Senac, Robert Andrew, Brandon Guillory, Jonathan Aron, Sandy Aron, Kati Good, Anabel Briones, and Kevin Speer all registered to speak regarding agenda item 4.a. Mr. Robert Hall stated that he's the County Engineer for Chambers County, the department head for Chambers County Road and Bridge Division, and the Chairman for the Chambers County Development Review Committee. He stated that the applicant plans to build an apartment complex north of Needlepoint Road and submitted preliminary drainage plans with details that need to be followed. He further stated that in Chambers County they have post- development plans that cannot precede pre - development runoff and that there's currently a drainage problem along Needlepoint. Mr. Hall stated that the applicant stated that they would submit a plan that will have retention that will not precede runoff of this particular pasture of land. He stated that Needlepoint Road has a 35,000 pound load limit on it and the applicant stated that their emergency entrance and exits would be off of Needlepoint Road. Mr. Hall stated that currently Needlepoint has a sewer line in the north shoulder, a power line in the south shoulder and only 60 feet wide in right -of -way with the pavement being about 18 feet wide. He stated that if there is construction traffic the road would have to be bonded. Additionally, he stated that the biggest concern from the development review committee is traffic safety and they further agree with the Planning and Zoning Commission's decision to not approve the zoning request. Mayor DonCarlos stated that in light of the probable future commercial development in this area, will it be Chambers County's recommendation that no further commercial development be allowed in the area and as it relates to proposed residential development behind the existing there along Needlepoint Road, inquired if whoever develops single family will they also be required to pay for substantial upgrades for Needlepoint Road. In response to Mayor DonCarlos's inquiries, Mr. Hall stated that the main concerns were drainage and the amount of traffic that this development would have. He stated that if the applicant meets the drainage requirement that the post drainage will not be greater than the pre - development, they will be approved for that and also noted that Needlepoint Road would not stand any traffic which is the main concern. Mr. Hall further stated that whoever develops single family will be required to pay for the substantial upgrades on Needlepoint and further noted that currently it takes several weeks for two (2) to three (3) inches of rain to drain off east of Needlepoint Road. He further stated that there is plans under the Kilgore drainage plan for this to come in north and tie into the south side of Needlepoint, but a date has not been specified. Mr. Henry Adair stated that he's not opposed to economic development as he's served on the Barbers Hill School Board and Vice Chair of original Baytown West Chambers County City Council Regular Meeting Minutes May 26, 2016 Page 7 of 19 Economic Development Foundation, but that he is opposed to development being in the wrong place at the wrong time and request denial of this zoning request. Ms. Brenda Medina, Mr. Brian Wood, Mr. Byron Wade and Ms. Anabel Briones stated that they are opposed to the approval of the zoning request. Mr. Greg Poole stated that he's the Superintendent and they support the Planning and Zoning Commissions' decision to deny the zoning request. He stated that they were never told about this and that safety in this area is a major concern especially during the times that the buses would be entering or exiting. Council Member Presley requested clarity from Mr. Poole regarding his statement that the ISD was never told about this because according to the emails he's read it was stated that there was a commitment broken to the ISD. In response to Council Member Presley's request for clarity, Mr. Poole stated that there was a verbal commitment from the original developer. In further explanation, he noted that the City of Mt. Belvieu has one of the strictest ratios of multi- housing to single dwellings to possibly have, whereas, County wise it can't be controlled unless infrastructure is involved and the only thing that keeps multi- housing on the side of the interstate that's in Chambers County is infrastructure. He explained that when the Walmart was originally presented it included multi - housing, but through a discussion that included the County Judge, the original Developer and himself there was a verbal commitment from the original developer agreeing to not have multi - family housing. He further explained that although he knew that the development was taking place, he thought no more about the multi - housing development because of the verbal commitment, until the notification that was in the Baytown Sun. During further discussion, Mayor DonCarlos inquired of Mr. Poole, if he had any methodology of predicting the number of school students from the proposed complex. In response to Mayor DonCarlos's inquiry, Mr. Poole stated that they can look at what is typically done for ratio which is demography studies, in which his demography had not planned this area as multi- housing and further zoned accordingly. He stated that in his opinion according to the number of units and experience he estimates approximately 150 -200 kids from the proposed development which is approximately 10% of the population to zone on that side of town. Commissioner Rusty Senac stated that Chambers County joins the City of Baytown's Planning and Zoning Commission's recommendation to deny this zoning request. He further stated that the Chambers County Commissioner's Court adopted a Resolution with recommendations to the Baytown City Council to deny the application and cause the property to remain zoned as General Commercial (GC). Mayor DonCarlos inquired if the Commissioner's Court offered an invitation for the developer to explain the project with such plans for traffic and drainage. In response to Mayor DonCarlos's inquiry, Commissioner Senac stated that the Commissioner's Court did not offer an invitation of such, but there was a DRC meeting whereas one of their (the developer) engineers being there as this was on the Commissioner's Court agenda. Council Member McCartney asked Commissioner Senac that if a proposal of such was proposed in an area other than this one with less density that had less traffic issues would the County feel the same or are they just opposed to apartment complexes. In response to Council Member McCartney's inquiry, Commissioner Senac stated that the County has issues with this particular project at this location and the Resolution speaks for itself as far as this property is concerned. City Council Regular Meeting Minutes May 26, 2016 Page 8 of 19 Robert Andrew did respond to speak when called upon. Mr. Brandon Guillory stated that he's a representative of Kimley Horn and Associates who's the Civil Engineer working on the project with Huntington Properties and further yielded his time to Mr. Sandy Aron. Jonathan Aron also yielded his time to Mr. Sandy Aron. Mr. Sandy Aron stated that he's been a developer for over 38 years and developed in seven (7) states predominantly at the front door master plan in the communities of Class A apartment projects. He stated that their equity partners are the Carlisle Group from Washington D.C. and Mutual of Omaha Bank who's very supportive of the developments from Huntington Properies. He presented a master plan of the proposed development and stated that there was a discussion with the school district in reference to it at the time it was created. He stated that there are no subsidies as this is a Class A market apartment project. Mr. Aron stated that because of the runoff and traffic issues that would burden Needlepoint Road, they acquired a 800 foot long strip of vacant land from the Animal Hospital going east from Hwy 146 back to the property, where a detention pond is noted on that right -of -way. He further stated that there will be two detention ponds approximately seven (7) or eight (8) feet deep. Mr. Aron stated that of the acquired property at a cost of $1.2 million, they will create an entry road to the apartment complex taking all of the traffic off of Needlepoint Road with the point of access being East Boulevard with the exception of only using Needlepoint Road for emergency or security purposes through the back side of the property. He stated that this road will be illuminated just like the city streets, but wider than the city street with enough width to accommodate buses. He further stated that the boulevard could hold 40 cars from the gates of the complex to Hwy 146 and that this Class A gated community facility will have amenities that no other apartment complex has seen in the Baytown area. Mr. Aron noted that commercial facilities bring in more traffic than a multi - housing facility such as this. He stated that there's no Class A multi - family development within a mile of this site and that all other designated "high density land" in this area is located within 1/2 mile of multi - family housing. He stated that the market is 96% occupied and the demand is growing. Additionally, Ms. Kati Good, a representative of Huntington Properties, stated that according to the City of Baytown's 2025 Comprehensive Plan, this area always planned to include multi - family residential. During further presentation, Mr. Aron stated that this project meets or exceeds the requirements of the 2020 plan and is complimentary to the Chambers County Town Center. He stated that a traffic study was done which was approving to not have a traffic light at this time and there was no negative impact as a result of this apartment complex project being developed on this particular property. Mr. Aron stated that this complex would not be a low income or government subsidized housing facility which was also agreed upon from the original developer. He stated that the reason he elected to move this project from Kilgore Parkway site to this site was because the drainage utilities will not be ready for another two years and not because of the school district. As it relates to security, he stated that they perform terrorism, criminal background, and credit checks on applicants and there are occupancy limits based on the apartment size. He stated that the City Council Regular Meeting Minutes May 26, 2016 Page 9 of 19 complex is fully gated with three access gates and in order to get in as a guest you have to be buzzed in through an intercom system or as a resident accessed through a sticker similar to EZ tag or a fob. He further stated that the security inside of the complex includes at least one police officer to live there for free and serve as a courtesy officer, all police are provided with a 30% discount, and they employ after hour security patrol officers for 200 hours of patrol per month. During further discussion, Mr. Aron stated that because there were concerns of screening along Needlepoint Road, there was two areas within the overall site plan that had open parking on the southern boundary of the property which they addressed by creating a three (3) foot berm with a hedge on top of it along with a fence behind it to block the visual of the vehicles. To address a comment that the school district wasn't notified, Mr. Aron stated that he didn't contact the school district because in his 38 years of doing this type of business he's never had to call the school district. He stated with regards to the number of children at this unit that there are 161 one (1) bedroom units, 92 two (2) bedroom units, and 12 three (3) bedroom units so it would be impossible for there to be 265 children at this complex. Council Member Presley inquired if there were occupancy limits per bedroom. In response to Council Member Presley's inquiry, Ms. Good stated that the occupancy limit is 2 people per bedroom with the exception of the of the three (3) bedroom units which is limited at five people. In conclusion of his presentation, Mr. Aron stated that there is not an apartment complex within a one (1) mile radius of this proposal and the only other Class A project being built is planned to be delivered this coming summer with the location being north of 1 -10 and Garth Road. Lastly, he stated that it will take approximately 12 months to build this property and another 12 months to stabilize it. Additionally, he welcomed questions from Council. Mayor DonCarlos inquired of Mr. Aron if they operated all of their projects or if they build then sale. Mr. Aron stated that they have their own management and leasing team and that a permanent lease was put on the last two apartments that they built, but he can't say that they will own them forever. He further stated that if they had to sale, it would be to an institution buyer as they purchase this type of product. Mayor DonCarlos stated that the concern as it relates to the apartments being sold is that the new owner may not be as conscientious in the particular quality status prior to purchase. In response to Mayor DonCarlos's statement regarding his concern, Mr. Aron stated that the cost of this project is approximately $38 million dollars, so the sale price would be around $56 million; therefore the buyer would be paying a price indicative of what one that would want to maintain their assets. During further discussion, Mayor DonCarlos inquired that if a bus is driving children home from the Barbers Hill School District going north to south on Hwy 146, how would the bus get into the apartment complex drive. Mr. Guillory stated that the main entrance would be on Hwy 146, in which there's currently a turning lane, whereas the buses would wait for the gaps between the vehicles just as would any other vehicle and turn directly into the complex. Council Member Sain inquired if the agreement with the Veterinarian's office was finalized. In response to Council Member Sain inquiry, Mr. Aron stated that the agreement has been finalized, they are in contract with the title company, and have completed all of their third party reports. City Council Regular Meeting Minutes May 26, 2016 Page 10 of 19 Additionally, Mr. Aron stated that their engineering is done and the plans are about 65% complete for the entire project as they've been working on this for a year. Council Member Presley stated that in light of not being able to do conditional zoning and as it relates to the right -of -way way coming in, if there is any mechanism to be certain that additional lanes transpire. For clarity purposes and in response to Council Member Presley's inquiry, Mr. Aron stated that they will develop the road to the apartment complex as they have a contract with their construction lender and equity partner, but noted that they can't obtain a permit from the City of Baytown without having the right -of -way. Additionally, Mr. Guillory stated that the property is being re- platted to include the additional property to Hwy 146 that will be the main access drive, as well as, the property behind the Vet's office where the detention will go. Mayor DonCarlos closed the public hearing regarding agenda item 4.a., at 7:57 P.M. b. Consider an ordinance amending the official zoning map to rezone approximately 12.8 acres, located approximately 900 feet east of the intersection of State Highway 146 (SH 146) and Old Needlepoint Road, legally described as part of and out of William Bloodgood Survey, Abstract No. 4 and Restricted Reserve "G ", Block 1, Chambers Town Center Minor Replat No. 3, Baytown, Chambers County, Texas, from the General Commercial (GC) Zoning District to the Mid -rise Density Mixed Residential Dwelling Units (MF2) Zoning District. Council Member Capetillo inquired of the Planning and Zoning Commission's reason to unanimously vote to not change the zoning of the subject property. In response to Council Member Capetillo's inquiry, Mrs. Foster stated that their vote resulted from the commission listening to testimonies from the residents, school district officials, and county engineer regarding the traffic on Hwy 146, the detention and drainage, and the influx of students coming into the district. Council Member Presley inquired of the developer's driving factor for selecting this location and if the rent structure projected at the location was the exact same for the location selected prior to this one. In response to Council Member Presley's inquiries, Ms. Good stated that the apartment market for Baytown is healthy and being one of the best in the state of Texas in terms of metrics with the rent rate in Baytown having growth of 10% which is based on the demand. She further stated that the rate structure was the same for both locations. City Attorney, Ignacio Ramirez requested that Mrs. Foster go over the criteria that Council is supposed to use for granting or denying as it relates to this agenda item. Mrs. Foster stated that she would read Resolution No. 2397 because it has the requirement for zoning amendments, as well as, the criteria set that was approved in February for multi- family development. She read the criteria as follows: 1) The rezoning ... is consistent with and furthers the policies and goals of the future land use plan, major thoroughfare plan, vision statement, and this ULDC; City Council Regular Meeting Minutes May 26, 2016 Page 11 of 19 2) The rezoning ... is compatible with existing and proposed uses surrounding the subject land and is the appropriate district for the land use proposed; 3) The rezoning ... promotes the health, safety, or general welfare of the city and includes the safe, orderly, and healthful development of the city; 4) The rezoning ... facilitates the adequate provision of mobility, water, waste water, stormwater and other public services; 5) There are changed conditions; 6) The rezoning ... would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater quality, wildlife, vegetation, and wetlands; and 7) The application addresses a demonstrated community need. Mayor DonCarlos recommended that Council revisit the set radius because he did not want to impact the Barbers Hill School District more than wanted. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving the amendment to the ordinance regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Mayor Pro Tern Terry Sam, Council Member Chris Presley Nays: Council Member Brandon Capetillo, Council Member Robert C. Hoskins Other: Council Member Mercedes Renteria III (Absent) Agenda item 4.b. failed. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing the issuance of the City of Baytown, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2016. Director of Finance, Wade Nickerson presented the agenda item and stated that Ordinance No.13,201, sets certain parameters for the issuance of the Certificates; authorizes the Mayor, City Manager, and/or Director of Finance to approve the award of the Certificates to the purchaser submitting the bid that produces the lowest true interest cost to the City; authorizes the Mayor, City Manager, and/or Director of Finance to approve the amount, the interest rate, price and certain other terms of the Certificates; authorizes execution of a paying agent/registrar agreement; and approves the preparation and distribution of an official statement. He stated that these bonds are for the San Jacinto area roadway improvements and is not to exceed $19,000,000. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,201. The vote was as follows: City Council Regular Meeting Minutes May 26, 2016 Page 12 of 19 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO.13,201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE CITY OF BAYTOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2016; LEVYING A TAX IN PAYMENT THEREOF, SETTING CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an Ordinance authorizing the issuance of the City of Baytown, Texas General Obligation Refunding Bonds, Series 2016, and setting certain parameters for the Bonds. Mr. Nickerson presented the agenda item and stated that Ordinance No. 13,202, authorizes the City to refinance approximately $41,500,000 of the City's outstanding Bonds and Certificates of Obligation issued in 2006 and 2008. He stated that the refunding is expected to produce a net present value savings of approximately 11 %, which is approximately $4 million savings over 20 years. Additionally, he stated that the bonds will be sold on July 19, 2016. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,202. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO.13,202 City Council Regular Meeting Minutes May 26, 2016 Page 13 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016; LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE ISSUANCE OF THE BONDS IN ACCORDANCE WITH SPECIFIED PARAMETERS; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Third Amendment to the Interlocal Agreement with Harris County, the City of Baytown, and Reinvestment Zone Number One, City of Baytown, Texas, for Harris County's participation in the Extension of John Martin Road to Hunt Road Project, the Construction of Hunt Road from Garth Road to John Martin Road Project, and Construction of San Jacinto Boulevard, 1 -10 to Cedar Bayou Lynchburg Road Project. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 13,203 authorizes the Third Amendment to the Interlocal Agreement with Harris County, the City of Baytown, and Reinvestment Zone Number One, City of Baytown, Texas ( "TIRZ "), for Harris County's participation in the Extension of John Martin Road to Hunt Road Project, the Construction of Hunt Road from Garth Road to John Martin Road Project and Construction of San Jacinto Boulevard, I -10 to Cedar Bayou Lynchburg Road Project. He stated that this agreement allows the County participation to 75% of the County-only ad valorem taxes collected on the tax increment with a payment cap of $14.5 million dollars or 50% of the total costs, whichever is less. He stated that under this amendment the County also: 1. accepts the project plan amendment and the expansion and exclusion of certain lands of the TIRZ as approved by the City on December 11, 2014, under Ordinance No. 12,730; 2. includes the increment generated from the 2014 annexed tract with a January 1, 2014, base year. 3. excludes increment generated from the 2015 annexed tract and the San Jacinto Mall Tract; and 4. terminates participation on the earlier of the date the reimbursement is paid in full or December 31, 2030. Additionally, Mr. Pastrana stated that this amendment was approved by the TIRZ on May 17, 2016, and will be considered by the Harris County Commissioners Court at a future meeting. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 13,203. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes May 26, 2016 Page 14 of 19 Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 13,203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY, CITY OF BAYTOWN, AND REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR HARRIS COUNTY'S PARTICIPATION IN THE TIRZ FOR THE EXTENSION OF JOHN MARTIN ROAD TO HUNT ROAD PROJECT, THE CONSTRUCTION OF HUNT ROAD FROM GARTH ROAD TO JOHN MARTIN ROAD PROJECT AND CONSTRUCTION OF SAN JACINTO BOULEVARD, IH 10 TO CEDAR BAYOU LYNCHBURG ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Ordinance No. 13,195, passed on May 12, 2016, regarding the Annual Mosquito Control Chemicals Contract to award Ready to use Chlorpyrifos 19% and to revise the descriptions of the items awarded. Assistant Director of Health, Tony Gray presented the agenda item and stated that on May 12, 2016, the City Council passed Ordinance No. 13,195, which awarded the Annual Mosquito Control Chemicals (Ready to use Chlorpyrifos 19 %) Contract to ADAPCP, Inc., in which ADAPCO did not bid such item. He stated that as such, the City Council needed to draw again to award ITEM #7 of the Annual Mosquito Control Chemicals Contract. He further stated that Council Member Presley drew for the item at the meeting on May 12, 2016, and therefore requested that he draw for this item as well. Clarke Mosquito Control and Target Specialty Products were the two companies to select from and Council Member Presley drew Target Specialty Products' name to be awarded the Annual Mosquito Control Chemicals Contract. Ordinance No. 13,204 amends Ordinance No. 13,195, passed on May 12, 2016, regarding the Annual Mosquito Control Chemicals Contract to award Ready to use Chlorpyrifos 19% to the company name drawn and to revise the descriptions of the items awarded. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Terry Sam approving Ordinance No. 13,204. The vote was as follows: City Council Regular Meeting Minutes May 26, 2016 Page 15 of 19 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO.13,204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 13,195, PASSED ON MAY 12, 2016, REGARDING THE ANNUAL MOSQUITO CONTROL CHEMICALS CONTRACT TO AWARD READY TO USE CHLORPYRIFOS 19% AND TO REVISE THE DESCRIPTIONS OF THE ITEMS AWARDED; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the City Manager to submit an application to the State of Texas, Office of the Governor, Criminal Justice Division for the FY2016 Body - Worn Camera Grant Program on behalf of the Police Department. Police Chief, Keith Dougherty presented the agenda item and stated that this grant is being submitted for 110 body -worn cameras for all of the police officers. Additionally, he stated that the match portion will be sourced through the Crime Control & Prevention District (CCPD). A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Resolution No. 2423. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2423 City Council Regular Meeting Minutes May 26, 2016 Page 16 of 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT AN APPLICATION FOR THE FY16 BODY -WORN CAMERA GRANT PROGRAM TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION (CID) ON BEHALF OF THE POLICE DEPARTMENT; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED TWENTY -THREE THOUSAND SEVEN HUNDRED SEVENTEEN AND 75/100 DOLLARS ($23,717.75); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 7.a. through 7.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved a. Consider amending Ordinance No. 12,899 to prescribe the number of positions in the classification "Service Group - Police." ORDINANCE NO. 13,205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 12,899 PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP — POLICE" TO UPDATE THE NUMBER OF POSITIONS IN EACH CLASSIFICATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing acceptance of the Texas Avenue Streetscape Phase 2 Project, and release of retainage to Jerdon Enterprise, L.P. ORDINANCE NO. 13,206 City Council Regular Meeting Minutes May 26, 2016 Page 17 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE TEXAS AVENUE STREETSCAPE PHASE 2 PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY - THREE THOUSAND EIGHT HUNDRED FORTY -NINE AND 33/100 DOLLARS ($73,849.33) TO JERDON ENTERPRISE, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the annual renewal of Versaterm software. ORDINANCE NO. 13,207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY - FIVE THOUSAND EIGHTY -THREE AND NO /100 DOLLARS ($135,083.00) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider appointments to the Baytown Industrial Appraisal Review Board. City Clerk, Leticia Brysch presented the agenda item to consider reappointments of Mr. Ron Haddox (Chair) and Mr. Chet Theiss (Vice Chair), as well as, the appointment of Ms. Donna Winfrey - Vamer who is being appointed to the fill the vacancy left on this board by Mr. John Strausser who did not seek re- appointment. A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley approving the three (3) appointments of Mr. Ron Haddox (Chair) and Mr. Chet Theiss (Vice Chair) who are being re- appointed and Ms. Donna Winfrey -Varner who is being appointed to fill the vacancy of Mr. John Strausser. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved 9. MANAGER'S REPORT a. The Annual Memorial Day Service will be held at the Veterans Memorial Plaza at Bicentennial Park on Monday, May 30, 2016, at 11:00 A.M. City Council Regular Meeting Minutes May 26, 2016 Page 18 of 19 b. Calypso Cove, located at N.C. Foote Park, will open for the Memorial Day weekend on Saturday, May 28, 2016 at 11:00 A.M. C. The Summer Meals in the Park program will begin on Monday, June 6, at seven neighborhood parks and the Sterling Municipal Library. Mr. Scott Johnson presented the agenda items and stated that the Annual Memorial Day Service will be held at the Veterans Memorial Plaza at Bicentennial Park located at 1001 Market Street on Monday, May 30, 2016, at 11:00 A.M. Mr. Johnson stated that Calypso Cove will be open Memorial Day on Monday, May 30`h, and will open daily for the summer on Saturday, June 4th through August 21st, from 11:00 A.M. to 7:00 P.M. Mr. Johnson stated that the Summer Meals in the Park program will begin on Monday, June 06, 2016. He stated that last summer the program provided an average of 127 meals that were delivered to four (4) parks including Bergeron Park, Central Heights Park, McElroy Park and Pelly Park. He stated that this summer Jenkins Park, Roseland Park, Unidad Park, and the Sterling Municipal Library will also be sites to the very successful program. Additionally, he stated that the Summer Meals Feeding Program is funded by the United States Department of Agriculture. Mr. Johnson further stated that the Kids Day event is scheduled for Saturday, May 28, 2016 at Towns Square from I0:OOA.M. -2:00 P.M. and the first of the Wet -n -Wild Wednesday's series is scheduled for June 1 st, 8th, and 15th from IO:00A.M.- 2:OOP.M., also at Towns Square. Mayor DonCarlos provided information on the ICSC that was held in Las Vegas, whereas, City Manager Davis, Deputy City Manager Bottoms, Mr. BJ Simon, and himself along with a total of 36,000 were in attendance this year. He stated that they met with all of the active developers in Baytown, as well as, Fidelis, in which Fidelis is almost complete with the site plan for the Mall redevelopment. He further stated that Sears decided after reviewing the plans that they want to be part of the center. As it further relates to the Mall, he stated that renovations of the store were discussed during the meeting with Macy's which is moving along well. Mayor DonCarlos stated that the HEB despite drainage issues is moving forward along with the projects just south of the Mall. Mayor DonCarlos noted that a new developer is interested in development west and south of Cheddars. He stated that they visited with Landry's, who is ready to get building on the Saltgrass project to be located next to Cheddars, in which they say can be open by the end of the year. Lastly, Mayor DonCarlos stated that they visited with hotel developers and he's optimistic that a discussion and action item can be brought before Council on a Bayland Island Project at a June meeting. Additionally, he stated that administration has done due diligence in securing funds for the proposed hotel conference center. d. City offices will be closed on Monday, May 30, 2016, in observance of Memorial Day. City Council Regular Meeting Minutes May 26, 2016 Page 19 of 19 City Manager Davis presented the agenda item and stated that City offices will be closed on Monday, May 30, 2016, in observance of Memorial Day. Additionally, Director of Strategic Initiatives, Nick Woolery provided an update on Imagine Baytown and that progress is moving forward with surveys being welcomed for another couple of weeks. 10. ADJOURN A motion was made by Council Member Chris Presley and seconded by Council Member Brandon Capetillo adjourning the May 26, 2016, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain, Council Member Chris Presley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the May 26, 2016, City Council Regular Meeting at 8:46 P.M. Leticia Brysch, City Clerk City of Baytown r-A 0 O a 1R .2.F