2010 11 11 WS MinutesMINUTES OF THE REGULAR WORK SESSION OFTHE CITY COUNCIL OF THE
CITY OF BAYTOWN
November 11, 2010
The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday,
November 11, 2010 at 4:30 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market
Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Lynn Caskey
David McCartney
Mercedes Renteria
Terry Sain
Scott Sheley
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Stephen DonCarlos Mayor
Garrison Brumback
City Manager
Kevin Troller
Assistant City Manager
Ignacio Ramirez
City Attorney
Leticia Garza
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the November 11, 2010 City Council Regular Work Session with a
quorum present at 4:30 P.M.
1. DISCUSSIONS
a. Discuss Proposed Fees for Pirates Bay and NC Foote Aquatics Center - Parks and
Recreation.
City Manager, Garry Brumback presented the agenda item to discuss the proposed
fees and fee changes for Pirates Bay and N.C. Foote Aquatics Center. Parks and
Recreation Director, Scott Johnson stated that taxes from last summer fees were not
considered so the number needed to be re- capped and a new non - resident season
pass of $150 regardless of age or size was incorporated due to many complaints
from the non - residential constituents. This update will be submitted at the next
Council Meeting for approval.
Mayor DonCarlos stated that he was not in favor of increasing the fees every year
and inquired if the proposed fee increase would hold up in the following years but
prefers a set fee. Mayor DonCarlos also requested that the public be informed of the
reason for the increase.
Mr. Brumback stated that another option to help maintain the parks is to keep the
rate the same and change the sales tax. Mr. Brumback stated that the projective
includes the percentage to help maintain services and popularity.
Council Member Capetillo stated that he is not in support of increasing fees at the
gates and wants to limit the amount of season passes for non - residents.
Council Member Sain stated that he's not in favor of non resident daily admission.
Mayor DonCarlos recommended that this item be scheduled for work session and
vote on the November 23, 2010 meeting.
b. Parks and Recreation Master Plan - Parks and Recreation.
Mr. Scott Johnson presented the agenda item to receive a presentation and discuss
Playbook 2020 - the Baytown Parks, Recreation, Trails and Open Space Master Plan.
Mr. Jim Carillo, Director of Planning for Halff and Associates, Inc., stated that the
Master Plan made recommendations for the Baytown Parks System over the next 10
years.
C. Parkland Dedication Ordinance - Parks and Recreation.
Dr. John Compton, Ph.D. presented the agenda item to discuss the possible
implementation of a Parkland Dedication Ordinance. Dr. Compton stated that the
principle reason for parkland is to generate new amenities from the new growth
which has three options:
• Existing residents subsidize new park development;
• Lower the level of service(i.e. reduce the parks /quality of life); or
• Require new growth to pay for itself
Dr. Crompton stated that if an exaction is imposed (fee in lieu or impact fee), the
four possible options to absorb the cost are:
. Homeowner pays more;
. Homeowner gets less space;
. Engage in "value engineering; or
• Pass back to the land owner who receives a lower price for the land
Dr. Crompton stated that exactions comes from two sources:
• Police Power which promotes the safety, health, and welfare of the residents,and
• Legislative enabling authority (impact fee)
Dr. Crompton stated that in the State of Texas there is no impact fee but the Nexus
Principle, which is how close does the land being dedicated have to be to the people
who are paying for it, can be applied. Dr. Crompton indicated that the City has the
option to accept land from developer or to require the developer to give money in
the amount of the value of the land to the City to build a park of their choice.
Dr. Crompton stated that the accounts are set up into zones with the neighborhood
and the park together, so that any monies deposited will go to a specific
zone assuring that the Nexus Principle is being applied and that the following 3
elements in the calculation of the amount of Park Dedication requirements are a land
requirement, a fee -in -lieu, alternative to the land requirement, and a park
development fee. Dr. Crompton stated that other elements to consider are
non - residential development, reimbursement, time limitation for spending fees, and
floodplain.
Dr. Crompton stated that the City has the authority to reimburse themselves for
monies spent on purchasing land for this dedication and the dedication can be
implemented to the developers in the ETJ.
Council Member Sheley inquired if the possibility of the City partnering with the
neighborhood associations and having them maintain the parks and if trails can be
made up of materials other than concrete. Dr. Crompton stated that the
challenge with partnering with neighborhood associations would be
the Nexus Rights, and the trails are context specific.
Council Member Renteria inquired if the waterfront property is being considered.
Mr. Carrillo stated that a trail is being considered near the waterfront. Mr
Carrillo requested direction from the Council in considering a Draft Ordinance and
to place in the Subdivision Ordinance.
Mayor DonCarlos stated that he would like to see a Dedication Ordinance for the
north of I -10 and inquired how trails would be included in the dedication. Mr.
Brumback stated that the mechanism by which money is being set aside now is that
current residents paying for future as opposed to future residents paying for the need
that they create. Dr. Crompton stated the he hasn't seen where rough proportionality
can be included in trails. Mr. Brumback stated that an option is creating access to the
trail by a trail head which gives access to the entire trail and in moving forward, the
money can be reimbursed.
Council Member Caskey stated that in reference to the future of the playbook, fish
cleaning stations be added at Roseland Park and Bayland Island, golf at Roseland
and Jenkins Parks, sand volleyball court at Jenkins Park, and lighted fishing piers.
Mr. Johnson recommended that all changes to the playbook be submitted as soon as
possible with plans of being put on the agenda for a vote at the next meeting as it is
being considered for a grant on January 4th.
2. APPOINTMENTS
a. Emergency Medical Service Advisory Committee - City Clerk.
City Manager, Garry Brumback presented the agenda item to consider three (3)
reappointments to the Baytown Emergency Medical Service Advisory Committee.
Dr. James Bernick, Joanna Cagle -Page, and Gail Kenney terms are set to expire on
December 11, 2010. All three (3) members have been contacted and desire
reappointments which will be considered at the November 23, 2010, City Council
Special Meeting.
b. Baytown Industrial Development Corporation Board - City Clerk.
City Manager, Garry Brumback presented the agenda item to discuss three (3)
reappointments, to the Baytown Industrial Development Corporation Board.Lynn A.
Caskey 11, Stephen DonCarlos, and David McCartney terms are set to expire on
December 13, 2010 and if appointed, would serve another two (2) year term, which
will expire on December 13, 2012.
3. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the November 11,
2010 City Council Regular Work Session at 6:10 P.M.