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2017 03 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 09, 2017 The City Council of the City of Baytown Texas met in a Regular Meeting on Thursday, March 09 2017, at 6:31 P M in the Council Chamber of the Baytown City Hall 2401 Market Street Baytown Texas with the following in attendance Laura Alvarado Council Member Robert Hoskins Council Member Charles Johnson Council Member David McCartney Council Member Chris Presley 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 March 09 2017 City Council Regular Meeting with a quorum present at 6.31 P M., all members were present with the exception of Council Member Sam who was absent Pledge of Allegiance Texas Pledge and Invocation was led by Council Member Presley MINUTES a Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on February 09 2017 A motion was made by Council Member Robert C Hoskins and seconded by Council Member Laura Alvarado approving the February 09, 2017, City Council Work Session and Regular Meeting minutes The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins Mayor Pro Tem David McCartney Council Member Laura Alvarado, Council Member Chris Presley Nays None Other Council Member Terry Sain (Absent) City Council Regular Meeting Minutes March 09 2017 Page 2 of 10 Approved CITIZEN COMMUNICATIONS a Mr Roland Castellanos requested to appear before the Mayor and Council to discuss alternative design options for the intersection of San Jacinto Boulevard and West Cedar Bayou Lynchburg Road Mr Roland Castellanos stated that he represented his father and family who live at 2102 West Cedar Bayou Lynchburg Road He stated that they're protesting the design by Kimley Hom for the San Jacinto Boulevard and West Cedar Bayou Lynchburg Road in which they discussed their concerns, as well as, provided alternate solutions of such in a previous meeting met with Mr Ron Bottoms and Mr Jose Pastrana. He noted that because an agreement was not met during that meeting he wanted to further discuss the concems with Council, in which he provided Council with an alternate design for their viewing. He stated that their primary concern with the design by Kimley Horn is that it cuts through half of his dads property taken over 3/4 of an acre, which puts his father in a position where he could not stay on his property and limits his ability to sale it for commercial use in the future Me Castellanos stated that an additional concern from Kimley Hom's design is that it does not meet the minimum requirement for a 100 feet tangency between the reverse curves which is required by Hams County and the City of Baytown s Municipal code Section 126:509 (b) He noted that Kimley Hom's design does not allow for enough mad frontage to meet the 165 feet driveway separation between the street intersection and his father's driveway He stated that his design is proposing to change the routing by bringing the intersection to a 90 degree intersection at West Cedar Bayou Lynchburg Road and San Jacinto Boulevard He stated that the improvements from his design saves the city money by purchasing less acreage from the right of way acquisition of the Castellanos property and to utilize the greater portion of land acquired from his Uncle Nick Perez to avoid them having to enter into a condemnation proceedings Additionally, Mr Castellanos stated that his design will allow his dad to live on his property in which he worked to acquire and also give the city enough to continue their plans REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS a Conduct a public hearing regarding a proposed amendment of the approved project plan and reinvestment zone financing plan (the "Plan") for Reinvestment Zone Number One City of Baytown, Texas (the "Zone") resulting in an adjustment in geographic area and an increase in project costs of the Zone At 6:39 P M., Mayor DonCarlos opened and conducted a public hearing regarding a proposed amendment of the approved project plan and reinvestment zone financing plan (the "Plan") for Reinvestment Zone Number One, City of Baytown, Texas (the "Zone") resulting in an adjustment in geographic area and an increase in project costs of the Zone Deputy City Manager Bottoms presented a summary of the public hearing and stated that the proposal is to amend the tax increment reinvestment zone to include the property along Kilgore Parkway, as well as, disannex approximately 80 acres of property along City Council Regular Meering Minutes March 09 2017 Page 3 of 10 Wallisville Additionally he noted that the developer would provide a presentation of their purpose for the annexation David Kadlar and Parke Patterson both registered to speak before the public hearing to provide answers to any questions regarding agenda item 3.a. Mr Kadjar stated that he's the manager of 195 acres of mixed use development within the City's ETJ, in Chambers County He stated that the development would be called South Winds and would be located on the north and south sides of Kilgore Parkway immediately east of Highway 146 in Municipal Utility District (MUD) #1 whereas they currently have a development agreement with the MUD #1 He noted that approximately 118 acres will be developed as a single family residential community He stated that the City expressed intentions to annex the property in March of 2021, and upon that annexation it is their desire to obtain a TIRZ agreement with the City to provide a vehicle for partial reimbursement for development costs Mr Kadlar noted that by the time the project is annexed they anticipate that all sanitary and storm sewer improvements will be in place and be reimbursed by either the MUD or the City He stated that the seasoned developers and duo of Parke Patterson and Keith Behrens agreed to develop this top notch residential community and Huntington Properties will develop a first rate apartment project in South Winds He stated that they're collaborating with the residential developers to create restrictions to be governed by a home owners association as well as a property owner's association to manage the entire project He further stated that there will be approximately 53 acres of Class A commercial development providing for good tax revenue for the city He stated that the majority of his development costs will be reimbursed prior to the application for TIRZ, but as the residential developers will be doing their project in phases they will need the benefit of the TIRZ to continue with their operations Additionally he noted that the developers would provide to council a presentation of then proposed vision for the development Mr Patterson stated that they have experience in developing property into lots then selling them to home builders, but noted that they would not be building the homes He stated that they will do the infrastructure of the planning work currently being done along with the recreational facilities connected with the lots He further stated that their plan will have close to 500 lots of various sizes of 50 and 60 feet in width parks open space, and recreational facilities Additionally he stated that there will be interconnected sidewalks with a trail system to connect with the parkway areas and that the project is estimated for a seven (7) to eight (8) year build out With there being no one registered to speak regarding agenda item 3.a., Mayor DonCarlos closed the public hearing at 6.46 P M b Consider an ordinance annexing approximately 228 acres of land into Reinvestment Zone Number One, City of Baytown, Texas (the 'Zone"), disannexing approximately 79 acres from the Zone, and adopting the Restated and Sixth Amended Project Plan and Reinvestment Zone Financing Plan A motion was made by Council Member Robert C Hoskins and seconded by Mayor Pro Tem David McCartney approving Ordinance No 13,423 regarding agenda item 3 b The vote was as follows City Council Regular Meeting Minutes March 09 2017 Page 4 of 10 Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C Hoskins Mayor Pro Tem David McCartney, Council Member Laura Alvarado Council Member Chris Presley Nays None Other Council Member Terry Sam (Absent) Approved ORDINANCE NO 13423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, CHANGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE CITY OF BAYTOWN, TEXAS, APPROVING THE RESTATED AND SIXTH AMENDMENT TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY SECRETARY TO DISTRIBUTE SUCH PLANS, CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR THE EFFECTIVE DATE THEREOF PROPOSED ORDINANCES a Consider an ordinance granting Carson & Barnes Circus a variance to the Live Outdoor Exhibition Ordinance regarding the distance requirement from residential areas for a circus to be held from March 21 22, 2017, at the Baytown Youth Fairgrounds, located at 7900 N Main Street, Baytown Texas 77521 Health Department Director, Mike Lester presented the agenda item and stated that this variance is a standard type variance request for a live outdoor exhibition, in which tins event is located at the Baytown Youth Fairgrounds Additionally he stated that there's a house located within the required 500 feet distance but that the area where the circus will be set up is well over that requirement and staff recommends approval A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Chris Presley approving Ordinance No 13 424 regarding agenda item 4.a. The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins, Mayor Pro Tem David McCartney Council Member Laura Alvarado, Council Member Chris Presley Nays None Other Council Member Terry Sam (Absent) Approved ORDINANCE NO 13,424 City Council Regular Meeting Minutes March 09 2017 Page 5 of 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION " ARTICLE V LIVE OUTDOOR EXHIBITIONS; SECTION 42-286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN TEXAS TO WAIVE THE DISTANCE REQUIREMENT FOR THE CARSON & BARNES CIRCUS TO BE HELD MARCH 21 2017 TO MARCH 22, 2017, FROM 4:30 P M TO 10:00 P M., AT 7900 N MAIN ST BAYTOWN TEXAS CONTINGENT UPON CARSON & BARNES CIRCUS'S RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION PURSUANT TO SECTION 42 286 OF THE CODE OF ORDINANCES BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider an ordinance accepting the donation of 12.9278 acres of land situated in the William Scott Upper League, Abstract 66, Harris County Texas for municipal purposes City Attorney Ignacio Ramirez presented the agenda item and stated that Ordinance No 13,425 accepts the donation of 12.9278 acres of land situated in the William Scott Upper League He stated that this property is adjacent to the City Hall/Community Center Complex as well as to NC Foot Park with access off W Main Street He stated that the current property owner's has owned the land for over 100 years with the last transfer being in 1929 He stated that because the owners from the 1929 conveyance have been deceased for some time Chicago Title along with the efforts of one of the heirs, Mr Charles Scott worked diligently to obtain the signatures of all of the helm Additionally, Mr Ramirez noted that the City anticipate closing on the property on March 10 2017 with the City's costs to include the closing expenses A motion was made by Council Member Chris Presley and seconded by Council Member Robert C Hoskins approving Ordinance No 13,425 regarding agenda item 4.b The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins Mayor Pro Tem David McCartney Council Member Laura Alvarado. Council Member Chris Presley Nays None Other Council Member Terry Sain (Absent) Approved City Council Regular Meeting Minutes March 09 2017 Page 6 of 10 ORDINANCE NO 13 425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE DONATION OF 12.9278 ACRES OF LAND SITUATED IN THE WILLIAM SCOTT UPPER LEAGUE ABSTRACT 66 HARRIS COUNTY TEXAS FOR MUNICIPAL PURPOSES FROM CHARLES SCOTT FOR LIFT STATION ACCESS AND OTHER MUNICIPAL PURPOSES, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF a Consider a resolution granting the petition of Faith Family Church of Baytown, Inc., for the proposed annexation of approximately 28.04 acres, save and except, (t) 0.178 acres previously annexed by Ordinance 12,684 and (it) 11.262 acres previously annexed by Ordinance 11,914, located on the east side of N Main Street across from the terminating point of Hunt Road at its intersection with N Main Street, adjacent to the property at 6730 N Main Street, legally described as part of and out of Lots 27, and 28, Block 19, Highland Farms Harris County Texas Planning and Community Development Director, Tiffany Foster presented the agenda item and stated that this petition is for a voluntary annexation of approximately 16.60 acres located along N Main Street near the intersection of N Main and Hunt Road Additionally she stated that the plan for this land is for a future church for the Faith Family Church as they are currently holding services in Sterling High School A motion was made by Council Member Robert C Hoskins and seconded by Council Member Chris Presley approving Resolution No 2465 regarding agenda item 5.a. The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C Hoskins Mayor Pro Tem David McCartney Council Member Laura Alvarado Council Member Chris Presley Nays None Other Council Member Terry Sam (Absent) Approved RESOLUTION NO 2465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS GRANTING THE PETITION OF FAITH FAMILY CHURCH OF BAYTOWN, INC., FOR THE ANNEXATION OF APPROXIMATELY 16.60 ACRES LOCATED ON THE EAST SIDE OF N MAIN STREET NEAR THE City Council Regular Meeting Minutes March 09 2017 Page 7 of 10 N MAIN AND HUNT ROAD INTERSECTION LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 27 AND 28 BLOCK 19 HIGHLAND FARMS, HARRIS COUNTY TEXAS. AUTHORIZING THE PREPARATION OF A SERVICE PLAN, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF CONSENT A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving consent agenda items 6.a. through 6.d The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins, Mayor Pro Tem David McCartney, Council Member Laura Alvarado Council Member Chris Presley Nays None Other Council Member Terry Sam (Absent) Approved a Consider an ordinance awarding a contract to Kraftsman L.P, through the Texas Local Government Purchasing Cooperative (Buy Board), for construction of a concrete parking lot at the Bayland Park "Buddy McBride" Boat Ramp ORDINANCE NO 13,426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS AUTHORIZING THE PAYMENT OF THREE HUNDRED SEVENTY EIGHT THOUSAND THREE HUNDRED NINETYAND NO/100 DOLLARS ($378,390.00) TO KRAFTSMAN, L.P , FOR THE CONSTRUCTION OF A CONCRETE PARKING LOT AT THE BAYLAND PARK 'BUDDY MCBRIDE" BOAT RAMP THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b Consider an ordinance authonzmg the purchase of four (4) Dodge vehicles as replacement units for the Police Department from Grapevine Dodge Chrysler Jeep ORDINANCE NO 13,427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS AUTHORIZING THE PAYMENT OF NINETY FIVE THOUSAND SEVENTY TWO AND NO/100 DOLLARS ($95,072.00) TO GRAPEVINE DODGE CHRYSLER JEEP FOR THE PURCHASE OF FOUR (4) DODGE City Council Regular Meeting Minutes Mareh09 2017 Page 8 of 10 VEHICLES FOR THE POLICE DEPARTMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) AND THE COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY, MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF c Consider an ordinance awarding the Pelly Area Pipebursting Project to Texas Pride Utilities, LLC ORDINANCE NO 13,428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, ACCEPTING THE BID OF TEXAS PRIDE UTILITIES, LLC FOR THE PELLY AREA PIPEBURSTING PROJECT, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TEXAS PRIDE UTILITIES LLC FOR SAID PROJECT, AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF THREE HUNDRED NINETY FIVE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($395,300.00) MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF d Consider a resolution confirming that the City Council of the City of Baytown elects to become eligible to participate in tax abatement pursuant to the Property Redevelopment and Tax Abatement Act and adopting guidelines and criteria for granting tax abatement in a reinvestment zone created in Harris and/or Chambers Counties RESOLUTION NO 2466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS- ELECTING TO BECOME ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT PURSUANT TO THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT ADOPTING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN A REINVESTMENT ZONE CREATED IN HARRIS COUNTY OR CHAMBERS COUNTY ADOPTING SUCH GUIDELINES AND CRITERIA, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider one (1) appointment to the Charter Review Committee City Clerk Leticia Brysch presented the agenda item to consider one (1) appointment to the Charter Review Committee She stated that Ms Vivian Hemphill who was nominated as the District No 2 appointment has since made notice that she's unable to assist with this endeavor City Council Regular Meeting Minutes March 09 2017 Page 9 of 10 therefore Council Member Presley nominated Mr Mitchell Pearce as her replacement appointment on the Charter Review Committee A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving the appointment of Mr Mitchell Pearce to the Charter Review Committee The vote was as follows Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council Member Robert C Hoskins, Mayor Pro Tem David McCartney, Council Member Laura Alvarado Council Member Chris Presley Nays None Other Council Member Terry Sam (Absent) Approved 8 MANAGER'S REPORT a Present information regarding the 2017 Spring Break Camp Director of the Parks and Recreation Department, Scott Johnson presented the agenda item and stated that the annual sprig break camp will take place at the Wetlands Center from March 13- 17 2017 from 8:00 A.M — 4'00 P M b Present information regarding the opening of the City's five spray parks for the 2017 summer season Mr Scott Johnson presented the agenda item and stated that the City's five (5) spray parks opens for the 2017 summer season on Saturday March 11 2017 at 10:00 A.M Additionally he noted the new Jenkins Spray Park is anticipated to open in late March or early April Mayor DonCarlos inquired if the additions for the Pirates Bay Wateipark were on schedule. Mr Johnson stated that the Pirates Bay additions were on schedule and noted that the boomerang replacement is expected to arrive on March 22"a and also noted that the crew that's putting up the slides will also do the boomerang replacement City Manager Davis acknowledged three (3) lifeguards Terry Calhoun Cameron Casey and Xavier LeDay, for their assistance with a heart attack victim at Barbers Hill and also Esmeralda Martinez and Rachel Dyer for receiving their tenth star award from the utility billing department He further acknowledged Mike Mueller and Minh Kotlartz for taking first place at the TRAP State Equipment Rodeo in an irrigation competition, Terry Dean for taking fourth place in the backhoe competition and the parks department for taking second place overall in this state wide competition Additionally he stated that Judge Julie Escalante acknowledged Officer Christopher Obenland for showing up for court despite not feeling well and displaying a professional cooperative demeanor City Council Regular Meeting Minutes March 09 2017 Page 10 of 10 ADJOURN A motion was made by Council Member Robert C Hoskins and seconded by Council Member Chris Presley adjourning the March 09, 2017, City Council Regular Meeting The vote was as follows Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Council Member Robert C Hoskins, Mayor Pro Tem David McCartney, Council Member Laura Alvarado Council Member Chris Presley Nays None Other- Council Member Terry Sam (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the March 09, 2017 City Council Regular Meeting at 6.59 P M VTO/ 7&4VA-4? Lencia Brysch, City Clerk City of Baytown .......... •�