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2012 10 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 11, 2012 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 11, 2012, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Terry Sain Scott Sheley Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Jason Cozza Keith Dougherty Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney Deputy City Clerk Sergeant at Arms Mayor DonCarlos convened the October 11, 2012, 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 Hoskins. 1. MINUTES a. Consider Approving the Minutes of the City Council Regular Meeting for September 27, 2012 - City Clerk. Alan Hudgins registered to speak before Council regarding agenda item l.a. and stated that he lives 3047 Ferry Road. Mr. Hudgins stated that he's making a final effort to have city staff respond to the issues he addressed concerning the August 23, 2012 work session minutes. A motion was made by Mayor Pro Tern Scott Sheley and seconded by Council Member David McCartney approving the September 27, 2012, City Council Regular Meeting Minutes. The vote was as follows: City Council Regular Meeting Minutes October 11, 2012 Page 2 of 19 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Proclamation: Health and Safety Week - Emergency Management. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to Bill Vola designating the week of October 13 - 20, 2012, as Health and Safety Week. b. Proclamation: Fire Prevention Week - Administration. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to Chief Bernard Olive designating October 7 -13, 2012 as Fire Prevention Week. C. Proclamation: Care Enough to Wear Pink - Fire. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to Mark Medrano and the Baytown Fire Department designating October as "Care Enough to Wear Pink" month. d. Proclamation: Code Compliance Month - Administration. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to the City of Baytown neighborhood protection officers designating October 2012, Code Compliance Month. 3. PUBLIC HEARINGS a. Public Hearing at 6:30 P.M.: Regarding the Assessment of Fees for Baytown Public Improvement District Number One - City Management. At 6:47 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the assessment of fees for the Baytown Public Improvement District Number One for street improvements. City Council Regular Meeting Minutes October 11, 2012 Page 3 of 19 City Manager Leiper stated that this public hearing allows all interested persons the right to appear and be heard regarding the proposed assessment fees for the Baytown Public Improvement District (PID) Number One for street improvements. He stated that the public improvement was created on September 27, 2007, pursuant to chapter 372 of the local government code. City Manager Leiper stated that the assessments were to reconstruct Bay Oaks Harbor Drive, which is a private street. He stated that over the years the City has worked with the residents to have their utilities transferred over to the City, which is funded through a similar assessment that would be paid off this year. City Manager Leiper stated that when the utilities were transferred over to the City, the residents utility rate decreased by more than half. He stated that because the streets are private and in order for the City to take care of the streets, an agreement was made to advance the funds through the PID and repair the main street and all of the streets would be dedicated to the City. He stated that the assessment would be reimbursed over a ten year period at a 3% interest rate and the residents would have the option of paying the assessment in a lump sum to avoid paying the interest rate. Additionally, he stated that the assessment would be at eighty -five cents per square foot per lot size and if paid over a ten year period would be ten cents per square foot per year which covers the finance cost. Pedro Coy, Joe Pope, Mitchell Pearce, and Sharlota Pearce all registered to speak before the public hearing regarding agenda item 3.a. Mr. Coy stated that when he first moved to the subdivision in 1989, there was deed restrictions that stated that the taxes could not be raised no more than 10% of $10 and that since his move in; there were many changes that he does not approve of. Mr. Pope stated that he pays the $55 maintenance fee and doesn't see why he should have to help pay for the main road and the other streets are not being done. He stated that the circle should be done first and then the main road. Mr. Mitchell Pearce stated that because the Home Owners Association (HOA) had to take care of the roads, every year they (the HOA) would increase the fees by the allowed 10% of $10 which the fee is now $55. He stated that the HOA spent a quarter of a million dollars renovating the main road and repairing the damage to the drainage system destroyed by hurricane IKE. He stated that the main road is 90% of the drainage to the subdivision and once replaced would address the drainage problem. Mr. Pearce stated that once the streets are no longer maintained by the HOA and the home owner completes the fees for the water transfer, the HOA dues would decrease. Council Member Capetillo inquired if when the residents agreed on the PID, did it require all residents to participate. Mr. Pearce stated that from what he remembered, the legal requirement according to Mr. Haus's input was that there were three criteria: the number of properties, the dollar value of properties, and the number of owners. He stated that the HOA had to have a majority, which were 2 out of 3 of the criteria met. Mr. Pearce stated that the written agreement was signed by property owners and the HOA had all three criteria met. Mayor DonCarlos closed the public hearing at 7:05 P.M. City Council Regular Meeting Minutes October 11, 2012 Page 4 of 19 b. Resolution: Amending Resolution No. 1884 to Remove the Requirement that the Baytown Redevelopment Authority Prepare a Service and Assessment Plan for Baytown Public Improvement District Number One - City Management. City Manager Leiper presented the agenda item and stated that at the time the PID was created, it was anticipated that a developer was going to come in and re- develop Bay Oaks Harbor Section II and do the streets in section one on a reimbursement basis based on assessment or increment using the TIRZ Board. He stated that since the City has determined that it would front the monies necessary for the reconstruction and improvement of Bay Oaks Harbor Drive, including utilities and associated drainage infrastructure, as such, there is no need for a development agreement with the Baytown Redevelopment Authority (the "Authority ") and Resolution No. 2206 amends Resolution No. 1884, which was passed on September 13, 2007, to repeal Section 4 of the same which reads as follows: The City Council hereby directs the Baytown Redevelopment Authority to prepare a service and assessment plan for review and approval of the City Council in accordance with Chapter 372 of the Code. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2206. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO. 2206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING SECTION 4 OF RESOLUTION NO. 1884 PASSED ON SEPTEMBER 13, 2007, TO REMOVE THE REQUIREMENT THAT THE BAYTOWN REDEVELOPMENT AUTHORITY PREPARE A SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PUBLIC IMPROVEMENT DISTRICT NUMBER ONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 11, 2012 Page 5 of 19 C. Ordinance: Approving the Service and Assessment Plan for the Baytown Public Improvement District Number One - City Management. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,079 approves the Service and Assessment Plan for the Baytown Public Improvement District Number One, pursuant to Chapter 372 of the Texas Local Government Code, the City created the Baytown Public Improvement District Number One on September 27, 2007, via Resolution No. 1884, for the provision of certain public improvements to properties within the district and to levy and collect a special assessment for such improvements. City Manager Leiper stated that Ordinance No. 12,079 approves such plan for Baytown Public Improvement District Number One concerning the reconstruction and improvement of Bay Oaks Harbor Drive, including utilities and associated drainage infrastructure. He stated that the public improvements would be pre - funded by the City and the City would be reimbursed through a special assessment on the benefited properties. Additionally, City Manager Leiper stated that this would begin in tax year 2013 and the bill would go out at the end of year 2013 so there would be no assessments issued for one year. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,079. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PUBLIC IMPROVEMENT DISTRICT NUMBER ONE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance: Levying Special Assessments against Bay Oaks Harbor Properties within Baytown Public Improvement District Number One - City Management. City Manager Leiper presented the agenda item and stated Ordinance No. 12,080 levies City Council Regular Meeting Minutes October 11, 2012 Page 6 of 19 assessments against properties in the Bay Oaks Harbor Subdivision within Baytown Public Improvement District Number One. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,080. The cote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, LEVYING AN ASSESSMENT AGAINST BAY OAKS HARBOR PROPERTIES WITHIN BAYTOWN PUBLIC IMPROVEMENT DISTRICT NUMBER ONE; MAKING CERTAIN FINDINGS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Public Hearing: Regarding the Rezoning of 61.45 acres from Mixed Use (MU) District to Light Industrial (LI) District - Planning and Development Services. At 7:08 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the application for Texas Capital Development Corp. Inc., to rezone approximately 61.45 acres located at the southeast intersection of State Highway 146 Business and State Highway 99, west of Tri- Cities Beach Road, north of the Missouri Pacific Railroad in Harris County, Texas, from a Mixed Use (MU) Zoning District to a Light Industrial (LI) Zoning District. City Manager Leiper stated that the public hearing on an application to rezone 61.45 establishing a business park with potential warehousing. He stated that this property is located at the southeast intersection of SH 146 Business and SH 99 (Grand Parkway) and is proposed to be a major interchange along the Grand Parkway in the future. City Manager Leiper stated that the expected purpose of the Grand Parkway is primarily to bypass traffic around the congested Houston area for long - distance travelers and truckers, with easy access to the Port of Houston, the Houston Ship Channel and the industrial and commercial uses associated with these areas with the main users expected to be industrial traffic. He stated that this interchange is a reasonable place to create a light industrial use to occur and currently the City's Future Land Use map denotes this property as City Council Regular Meeting Minutes October 11, 2012 Page 7 of 19 "rural /vacant" in which an amendment would need to be made prior to the rezoning of this property to light industrial. City Manager Leiper stated for clarification, that the only thing that is being done at this meeting is the public hearing and there would not be a vote on this item tonight. He stated that the idea for this property is to accommodate an orderly transition to the Grand Parkway when it comes which would impact the front of this property. Additionally, he stated that the City is working on getting a temporary traffic light put up at Highway 99 and Tri-City Beach Road until the Grand Parkway comes in. Dwala Cargill, Tim Hazelwood, Rosemarie Hamon, Lisa Ritter, Jimmy Ritter, Gayl Fritz, Joel Fritz, Leisha Brown, Mary Litton, Matt Wells, Alan Hudgins, Joey Campbell, and C.H. Wood all registered to speak before Council regarding agenda item 3.e. Council Member Capetillo suggested having the developer speak before the public hearing regarding their plans for rezoning Mr. Matt Wells, a representative from Wells Holding the land owner and developer of the 90 Acre tract stated that they are trying to extend the light industrial (LI) use across the 90 acre tract toward the east and keep the northern part of the tract as mixed use (MU) zoning. He stated that they are proposing a mixed use business park that includes retail, office, office warehouse, distribution warehouse, and light manufacturing. He stated that the park would be architectural controlled and also use restrictions above and beyond what the City already has in place. Mr. Wells stated that in meeting with the Evergreen HOA and some of the land owners, there were concerns regarding noise, traffic, light pollution, use, and the buffers. He stated that most of the concerns are controlled by the City's current ordinances. He stated that they don't have access to the railroad's right -of -way and they don't own the railroad so he could not speak on what's going with the railroad. He stated that the distance between their property and the nearest house is about a 1/2 of a mile. Council Member Sheley inquired of the hours of operations. Mr. Wells stated that the hours of operation are determined by tenants but could also be included in the restrictions, if necessary. Council Member Capetillo inquired if there was a plan to have the viewing not look industrial and not have the warehouse visible. Mr. Wells stated that there is about 30 feet of aggregate on the side of the railroad that is wooded area. He stated that the LI requires a buffer of 50 feet around the zoning itself and he believes that the misconception is that when they went to P &Z, they proposed a landscape ordinance to remove that buffer because it didn't make economical sense to plant trees and maintain a buffer that no one would see. Mr. Wells stated that they are in agreement with having a 100 feet railroad buffer with trees on both sides of the railroad with the 50 feet buffer required by LI zoning and they would not have to maintain it. City Council Regular Meeting Minutes October 11, 2012 Page 8 of 19 Mr. Wells stated that they would like to have a meeting with the land owners to discuss and show pictures of their projected plan, as well as, projects that they have done. Council Member Capetillo inquired if they have any types of businesses that are already interested if the project moves forward and of the access area. Mr. Wells stated that they have not been able to market the retail aspect because of the uncertainty of the right -of- way for the grand parkway, but stated that they have interest from fuel service providers for gas stations. Mr. Wells stated in regards to the access, that the consumer traffic would come in at the light signal and the truck traffic would be routed toward the back of the facility coming off of Highway 146. During further discussion, Council Member McCartney asked Mr. Wells how their plans would be affected if someone was interested in drilling wells. Mr. Wells stated that they are meeting with a company on tomorrow who's interested in drilling new wells, but regarding their particular track, they have to provide access to the wells that they currently have that are in operation. Mr. Wells stated that there is one proposed on their site already and permitted through the RRC that they are not sure of what's going to result of as this point. Council Member McCartney inquired if this would put the project in jeopardy. Mr. Wells stated that he didn't see how it could, but he would have to know what that requestor is doing first. All of the registered speakers opposed to the rezoning with the exception of Mr. Tim Hazelwood, Mr. Alan Hudgins, and Mr. C.H. Wood. Mr. Hazelwood who has a business at 1530 Evergreen Road stated that he approves of the project. Mr. Hudgins inquired as to why if the same criteria for the rezoning request of this project and the request submitted by Palmer Logistics, while they are nearly identical rezoning cases and location, result in one being recommended for denial for not being in compliance with the comprehensive plan and the other being approved although not being in compliance with the comprehensive plan. Mr. Wood stated that he understood the residents' feelings, but that if the property is vacant it should be put to use for the good of the City. Mayor DonCarlos closed the public hearing at 8:10 P.M. f. Public Hearing: Regarding Amendments to the Baytown 2025 Comprehensive Plan to Update the Future Land Use - Planning and Development Services. At 8:11 P.M., Mayor DonCarlos opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan (Future Land Use Map) concerning approximately 61.45 acres of land generally located at the southeast intersection of State Highway 146 Business and State Highway 99, west of Tri- Cities Beach Road, north of the Missouri Pacific Railroad in Harris County, Texas. City Manager Leiper stated that this proposed amendment to the Baytown 2025 Comprehensive Plan (Future Land Use Plan Map) addresses approximately 61.45 acres of land generally located at the southeast intersection of State Highway 146 Business and City Council Regular Meeting Minutes October 11, 2012 Page 9 of 19 State Highway 99, west of Tri- Cities Beach Road, north of the Union Pacific Railroad. The request is to change the designation on the map to "Industrial" where currently the Future Land Use Map shows the parcel as "RuralNacant." With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 8:12 P.M. g. Public Hearing: Regarding an Amendment to Chapter 130 and the Unified Land Development Code to Allow Drive - Throughs in the ACE District - Planning and Development Services. At 8:12 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the application of Robert Hoskins and Brandon Capetillo amending Section 130- 572 "Supplementary use standards" of the Baytown Code of Ordinances, and Article Two, Division 3 "Land use tables and conditions" of the Baytown Unified Land Development Code to allow for drive - through in certain areas of the Arts, Cultural, and Entertainment (ACE) Zoning District. City Manager Leiper stated that this proposed an amendment to Chapter 130 (Zoning), Baytown Code of Ordinances and to Article Two, Division 3 of the Baytown Unified Land Development Code (ULDC) to permit drive- through in the ACE zoning district. He stated that the proposed ordinance would permit drive - through businesses such as banks, pharmacies and restaurants on the periphery of the ACE zoning district. He stated that permitted drive - through in the ACE district would require screening adjacent to residential properties. Entrances and exits for the drive- through would not be permitted along Texas Avenue. City Manager Leiper stated that because of the unique characteristics of the ACE zoning district, consideration of the benefits and consequences of this proposed amendment should be taken to preserve the goals and intentions of this district. He stated that the ACE district was created with the goal of revitalizing and creating an art, cultural and entertainment district for Baytown. He stated that the limited permitted uses in the ACE district are to minimize incompatible uses and maintain the traditional downtown character that is a goal of the ACE district. Permitting drive - through in the ACE zoning district under the proposed conditions has several benefits, including: Potential increased economic development. The allowance of drive - through may encourage new development in the district. The prohibition of new entrances and exits onto Texas Avenue allows customers to be routed to a traffic controlled intersection on a side street. Screening requirements and location standards position drive - through out of the line of sight on Texas Avenue and screen the sight and lighting from neighboring residential uses. City Manager Leiper stated that the proposed ordinance also has disadvantages that may contradict the goals and intentions of the ACE district. City Council Regular Meeting Minutes October 11, 2012 Page 10 of 19 The allowance of drive - through contradicts the goal that the ACE district will be a more pedestrian- scaled place. Currently, drive - through restaurants are explicitly prohibited in the ACE district. The City Council did not include development standards when they adopted the ACE district. This proposed amendment may be better considered with the overall set of design standards for the district instead of this freestanding ordinance. Chris Presley, Mary Litton, C.H. Wood, Carlos Del Toro, and Brian Montgomery all registered to speak before Council regarding agenda item 3.g. Mr. Chris Presley, 400 W. Texas Avenue, stated that Mary Litton rendered her speaking time to him. Mr. Presley stated that a face to face pick up lane without a loud speaker and includes exits only instead of entrance and exits should be allowed in the ACE district as it would not interfere with noise regulations or pedestrians. Additionally, he stated that having exits only would create a safer traffic flow for cars and pedestrians. Mr. Carlos Del Toro stated that he lives 705 Fleetwood in the Graywood area and that his primary concerns if the drive- through was allowed were the traffic flow, the littering, and the noise that would be brought to his subdivision considering all of which has increased within the last ten years. Mr. Brian Montgomery stated that he lives at 2100 W. Baker and opposed to having the drive through establishment in the ACE district. Mr. C.H. Wood stated that he agree to have a drive through but on the further end facing outward not inward and suggested having a park on the some of the vacant lots in the ACE district. Mayor DonCarlos closed the public hearing at 8:42 P.M. h. Ordinance: Consider an Amendment to Chapter 130 and the Unified Land Development Code to Allow Drive- Throughs in the ACE District - Planning and Development Services. Chris Presley registered to speak before Council regarding agenda item 3.h. but did not do so. There was no motion on this item. 4. PROPOSED ORDINANCES City Manager Leiper requested to consider item 4.b. City Council Regular Meeting Minutes October 11, 2012 Page 11 of 19 a. Consider Amendments to the Noise Ordinance - Legal. Mayor DonCarlos stated that the proposed ordinance amends Chapter 34 "Environment," Article VII "Noise," Division 1 "Generally" of the Code of Ordinances, Baytown, Texas, to extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,000') outside the corporate limits. City Manager Leiper stated that this item was placed on the regular agenda to continue the discussions started in recent work sessions which allows for more citizen input and eliminates the discussion time constraint of a work session. He stated that when Council feels comfortable with the proposed ordinance, Council can consider adoption or place the item on future agendas to continue discussions. City Manager Leiper stated that the only change between this and the previous was the decibel levels were lowered to the number discussed at the work session. Council Member Hoskins stated that frequencies should be considered because some noise can't be picked up unless the frequency is monitored as well. He suggested amending this item to incorporate item 4 from listings provided from previous meetings. He stated that Council should also consider adding something similar to LaPorte's Industrial Property Chart and the impact noise or peek noise. City Manager Leiper suggested that staff be allowed more time to collaborate the comments from Council and the Friends of Cedar Bayou to bring back before Council. Beverly Valentino and Alan Hudgins both registered to speak before Council regarding agenda item 4.a. Mr. Alan Hudgins stated that he lives at 3047 Ferry Road and inquired if any amendments necessary to improve the enforcement capabilities of this ordinance would be ongoing and available to the public as frequently as needed; if all of the barge terminal property now under construction on Cedar Bayou near Roseland Park would be covered by this noise ordinance and that noise complaints do not have to go through the alternative dispute resolution process. He also inquired about item 10 under exceptions- exempt sound produce from the ordinary or lawful use of a motor vehicle or commercial vehicle. He stated that under exception item number 6 - exemption of certain mechanical equipment; state law sets a maximum decibel level of 85. City Manager Leiper explained item 10 and stated that the lawful vehicle term means that if you are driving a legal vehicle down the street at legal speeds; it is not a violation of the noise ordinance even if it exceeds the decibel levels. Council Member Hoskins stated that if the decibel level is lowered in item 6, lawn mowers would be in violation. Council Member Capetillo inquired in regards to enforcement, if an officer had the ability to enforce this ordinance with or without a sound meter. City Attorney, Ignacio Ramirez stated that under current law, a peace officer could use a reasonable person standard and City Council Regular Meeting Minutes October 11, 2012 Page 12 of 19 the intention is to leave that in and not require a meter. One of the changes proposed was to clarify further that a meter is not required. City Manager Leiper stated that an enforcement plan would be developed once the rules are put in place. Council Member Capetillo inquired for clarity regarding item 31 of the exceptions portion of the ordinance, if this refers to an outdoor event sponsored or co- sponsored by the City. City Manager Leiper stated that Council Member Capetillo's understanding was correct and also stated that the fact that the noise could be heard does not mean that it is a violation of the noise ordinance but has to exceed the decibel level. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving the amendments to the noise ordinance. The vote was as follows: Ayes: None Nays: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Other: Council Member Mercedes Renteria III (Absent) Rejected A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney amending this item to incorporate what Pasadena has on item 4 - decibel limits and band frequencies from listings provided from previous meetings; also add something similar to LaPorte's Industrial Property Chart and the impact noise or peek noise. The vote was as follows: Ayes: Council Member Robert C. Hoskins Nays: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Other: Council Member Mercedes Renteria III (Absent) Rejected City Council Regular Meeting Minutes October 11, 2012 Page 13 of 19 b. Consider an Extension to the Limited Variance to Alcohol Sales Restriction granted via Ordinance No. 11,782 for a Pharmacy /Convenience Store at Ward and Alexander - Planning and Development Services. City Manager Leiper presented the agenda item and stated that Section 6 -2 of the Code of Ordinances restricts the sale of alcohol within 300 feet of a day care. Last year, the City Council granted a limited variance, at the request of the developer, to construct a pharmacy /convenience store that will sell alcohol for off - premises consumption within 300 feet of a day care. The proposed development is located at the southwest intersection of Ward Road and N. Alexander Drive that currently contains a bank and lease space. He stated that the developer's current variance expires on October 26, 2012, and Ordinance No. 12,081 extend the variance until December 31, 2013. City Manager Leiper stated that the owner of the day care indicated that she has no objection to the proposed development and also indicated that she has had no issues with the sale of alcohol that occurs at the adjacent CVS Pharmacy. The "Let's Learn Christian Learning Center" is located at 1511 N. 10th Street to the east approximately 290 feet from the subject property. The subject property is surrounded by rights -of -way - Ward Road to the north, N. Alexander to the east, Peggy Avenue to the south, and N. 8th Street to the west. There are numerous establishments in the immediate area that currently sell alcohol for on or off - premises consumption, including two filling stations, a grocery store, a restaurant, a bowling alley, a pharmacy /convenience store, and a bar. A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving Ordinance No. 12,081. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EXTENSION OF THE LIMITED VARIANCE TO SECTION 6 -2 (A)(2) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, ORIGINALLY GRANTED VIA ORDINANCE NO. 11,782, TO ALLOW THE ISSUANCE OF A WINE AND BEER RETAILER'S City Council Regular Meeting Minutes October 11, 2012 Page 14 of 19 OFF - PREMISE PERMIT AT A PROPOSED PHARMACY /CONVENIENCE STORE TO BE LOCATED AT 1515 N. ALEXANDER DRIVE UNTIL DECEMBER 31, 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS a. Receive report on the Comprehensive Plan Annual Report and Strategic Action Plan - Planning and Development Services. City Manager Leiper presented the agenda item and stated that the purpose of the Comprehensive Plan Annual Report and Strategic Action Plan is to provide a continuing focus on the implementation of the Plan. This report highlights accomplishments and the status of efforts to implement the Comprehensive Plan. The Strategic Action Plan is based upon a review of the 2025 Comprehensive Plan adopted by City Council on May 22, 2007. City Manager Leiper stated that the Planning and Zoning Commission received the Comprehensive Plan Annual Report at its July 17th meeting and reviewed it at its August 21 stand September 18th. At its September 18th meeting, the Commissioners provided comments and voted to forward it to Council. Planning Director, Kelly Carpenter stated that out of the many successes toward moving the plan forward, she would highlight five which are the following: • Staff continued to aggressively pursue sub - regional drainage by working with developers to identify an area large enough to accommodate the drainage from several projects and then obtain the easements to get the outfall to that pond: City Manager Leiper stated that the Academy Project and the Baker Road Project are examples of sub - regional detentions. City Manager Leiper stated that because the regional was didn't work and the cost of conveyance was too much, the drainage plan was updated and changed to a sub regional detention. City Manager Leiper stated that the sub - regional detentions are mapped throughout the entire city; • City Council adopted new land development regulations that were recommended in the comprehensive plan in 2012, and now the remapping process is ongoing; • The Mobility Plan, which is called the Major Thoroughfare Plan in the Comprehensive Plan, is updated with a complete final draft to be taken to the planning commission next week with hopes of them potentially taking action in December; • The Texas Avenue Model Streetscape Project is complete; and • The sidewalk requirements for Baytown are in place thanks to Council for adopting amendments to the subdivision regulations. Alan Hudgins registered to speak before Council regarding agenda item 5.a. and stated that he lives at 3047 Ferry Road. Mr. Hudgins inquired as to why the mobility plan has City Council Regular Meeting Minutes October 11, 2012 Page 15 of 19 not been updated as recommended. In response to Mr. Hudgins inquiry, Mayor DonCarlos stated that recommendations are not requirements. 6. CONSENT A motion was made by Mayor Pro Tern Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 6.a. through 6.h. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved a. Ordinance No. 12,082: Consider Authorizing Change Order No. 5 for Steinman Lift Station Project - Engineering. ORDINANCE NO. 12,082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO.5 WITH T &C CONSTRUCTION, LTD., FOR THE STEINMAN LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED EIGHTY -SEVEN THOUSAND SIX HUNDRED NINETY -EIGHT AND 36/100 DOLLARS ($187,698.36); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance No. 12,083: Consider Authorizing the Renewal of TAGCO Associates, LP, as Provider of Retiree Benefits - Human Resources. ORDINANCE NO. 12,083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF A SERVICES AGREEMENT WITH TAGCO ASSOCIATES, LP, AS RETIREE BENEFITS ADMINISTRATOR; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED EIGHTY -SIX THOUSAND SIX HUNDRED FIFTY -SIX AND NO /100 DOLLARS ($586,656.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 11, 2012 Page 16 of 19 C. Ordinance No. 12,084: Consider the Purchase of (1) Pierce Quantum Pumper Truck - Fire. Council Member Hoskins inquired if the purchase was in line with the opening of the station. City Manager Leiper stated that it was in line with the opening, but if the truck was not ready the opening of the station would not delay the opening and a reserved would be used. ORDINANCE NO. 12,084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIX HUNDRED TWENTY -TWO THOUSAND FOUR HUNDRED FIFTY -SIX AND NO /100 DOLLARS ($622,456.00) TO SIDDONSMARTIN EMERGENCY GROUP THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) PIERCE QUANTUM PUMPER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 12,085: Consider Purchase and Installation of Furniture for Houston HIDTA - Finance /Purchasing. ORDINANCE NO. 12,085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY -ONE THOUSAND SEVEN HUNDRED FIFTY -TWO AND 59 /100 DOLLARS ($61,752.59) TO GLOBAL DISTRIBUTORS, INC., THROUGH FEDERAL SUPPLY SCHEDULE 71 OF THE UNITED STATE'S GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE AND INSTALLATION OF FURNITURE FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFIC AREA; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 12,086: Consider the Purchase and Installation of a Radar Speed Trailer for Houston HIDTA - Finance /Purchasing. ORDINANCE NO. 12,086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -EIGHT THOUSAND THREE HUNDRED FORTY -EIGHT AND 98/100 DOLLARS ($88,348.98) TO ELSAG NORTH AMERICA, LLC, THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATE'S GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE OF A RADAR SPEED TRAILER FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFIC AREA; MAKING OTHER PROVISIONS City Council Regular Meeting Minutes October 11, 2012 Page 17 of 19 RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance No. 12,087: Consider Authorizing an Interlocal Agreement with the Baytown Municipal Development District for the Funding of Property Acquisition Costs Related to the Baker Road Extension Project - City Management. ORDINANCE NO. 12,087 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 OF PROPERTY ACQUISITION COSTS RELATED TO THE BAKER ROAD EXTENSION PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Resolution No. 2207: Consider Authorizing the Submission of a FEMA Community Resilience Innovation Challenge Grant - Emergency Management. RESOLUTION NO. 2207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR A 2012 COMMUNITY RESILIENCE INNOVATION CHALLENGE GRANT IN THE AMOUNT OF THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00) TO FUND ENHANCEMENTS TO THE COMMUNITY EMERGENCY RESPONSE TEAM (CERT) TRAINING PROGRAM; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Resolution No. 2208: Consider Authorizing the City Manager and the Emergency Management Coordinator to Apply for, Approve, and Accept the Emergency Management Performance Grant for Fiscal Year 2012 and Subsequent Years - Emergency Management. RESOLUTION NO. 2208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER AND THE EMERGENCY MANAGEMENT COORDINATOR TO MAKE APPLICATIONS TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S EMERGENCY MANAGEMENT PERFORMANCE GRANT FOR FISCAL YEAR 2012 AND SUBSEQUENT YEARS; AUTHORIZING SUCH PERSONS TO ACCEPT City Council Regular Meeting Minutes October 11, 2012 Page 18 of 19 OR AFFIRM ANY FUNDS, GRANTS AND /OR REIMBURSEMENTS THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. MANAGER'S REPORT a. Announce the West Baytown Fall Clean -up - Health and EMS. City Manager Leiper presented the agenda item and stated that the West Baytown Fall Clean-up would take place on October 20, 2012, from 9:00 A.M. to 2:00 P.M. at Bergeron Park. b. Announce B.E.A.T. Alley Schedule for Fall 2012 - Fire. City Manager Leiper presented the agenda item and stated that the Baytown Educational Action Team provided a schedule for this fall's fire and life safety education program. All programs begin at 8 AM and run approximately 30 -45 minutes and the second program starts approximately 15 minutes later. C. Announce Upcoming Dates of the Remapping Baytown Project Schedule for Area No. 4. - Planning and Development Services. City Manager Leiper stated that the next neighborhood meetings of the Remapping Baytown Project Schedule for area No. 4 which covers council districts 5 and 6 would be on October 18th and 23rd, 2012, at 6:00 P.M. at James Bowie Elementary, located at 2200 Clayton, Baytown, Texas, 77520. Additionally, he stated as the remapping is moving forward, the Future Land Use Map would also be updated. City Manager Leiper stated that although it is required by state law to say that on it, the future land use map is not a zoning map, however it is important that as the city looks at what is going to be zoned in the city, they look at the future land use map for areas outside of the city. d. Announce the Family Fall Fest at the Sterling Municipal Library - Library. City Manager Leiper stated that the 2012 Fall Fest is on Saturday, October 20, 2012, from 11:00 A.M. to 2:00 P.M. at the Sterling Municipal Library, located at 1 Mary Wilbanks Ave, Baytown, Texas, 77520. e. Announce Early Voting by Personal Appearance Information for the November 6, 2012, Special Election - City Clerk. City Manager Leiper stated that early voting begin on October 22, 2012 and end on November 02, 2012. He stated that Harris County registered voters can vote at the Baytown Community Center, Tejas Room, 2407 Market Street, Baytown, City Council Regular Meeting Minutes October 11, 2012 Page 19 of 19 77520 and Chambers County registered voters can vote at the Chambers County Community Building —Cedar Bayou Annex, 7711 Highway 146, Baytown, Texas, 77523. He stated that Harris County and Chambers County set the dates and times which are available on the City's website. He stated that the Inaugural City Event, the 2012 Bike around the Bay bike team that would be riding on Saturday, October 13th for 94.3 miles and Sunday, October 14th, for 82 miles. 8. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney adjourning the October 11, 2012, 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, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the October 11, 2012, City Council Regular Meeting at 9:10 P.M.