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2010 11 23 WS Minutes, SpecialMINUTES OF THE SPECIAL WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 23, 2010 The City Council of the City of Baytown, Texas met in a Special Work Session on Tuesday, November 23, 2010 at 4:35 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Lynn Caskey Council Member David McCartney Council Member Mercedes Renteria Council Member Terry Sain Council Member Scott Sheley Council Member Stephen DonCarlos Mayor Garrison Brumback City Manager Bob Leiper Deputy City Manager Ignacio Ramirez City Attorney Leticia Garza City Clerk Keith Dougherty Sergeant at Arms Council Member Capetillo was absent from the November 23, 2010, City Council Special Work Session. Mayor DonCarlos convened the November 23, 2010, City Council Special Work Session with a quorum present at 4:35 P.M. 1. DISCUSSIONS a. Possible Industrial Rezonings Along SH146, South of FM 565 to North of Ferry Road - Planning and Development Services. City Manager, Garry Brumback presented the agenda item to discuss possible Industrial Rezonings along SH 146, South of FM 565 to North of Ferry Road from the current use of MU to to Heavy Industrial Use and requested guidance from Council as to which direction to take. Planning Director, Kelly Carpenter stated two property owners inquired about developing businesses in the area of SH 146 and 565. In particular, one owner wants to develop a scrap metal business which cannot be permitted because it is considered heavy industrial use and is no longer allowed in mixed use. Due to the inquiries, planning staff provided the following options: 1.21 Acres- area is large enough to avoid spot zoning and includes corner, potential drilling and oil well sites with a 100 ft. buffer zone along the rights -of -way, a 75 ft. building setback, and a 200 ft. use setback Watershed Protection Ordinance; 2. 120 Acres - two separate areas that include corner drilling and oil well sites, and two industrial properties on the south which avoids existing single family and commercial uses; and 3.222 Acres - area encompasses all property adjacent to industrial uses in ETJ. Ms. Carpenter stated that the width of the buffer is determined by the Board of Adjustments and the content of the buffer is determined by the Council. Council Member McCartney recommended having 200 ft. along Hwy 146 as commercial buffer and industrial behind it and inquired if the special use permit could be applied. Ms Carpenter stated that special use could only apply to parcels of land that is 2 acres or less. Mayor DonCarlos inquired about the Watershed Protection Ordinance. Ms. Carpenter stated that the Watershed Ordinance affects the first 75 ft. along the bayou, the building along the bayou, and you can't have industrial within 200 ft. Ms. Carpenter indicated that a 100 ft. buffer will still be needed even with 200 ft. commercial. Mr. Leiper suggested putting this item on another Work Session. Mr. Brumback suggested the first meeting in January. Council Member Renteria requested visuals of current and if possible the proposed businesses in the area. Council Member Caskey requested to have the Work Session on the second meeting in January to give him time to consult with Mr. Savell and the neighborhood Home Owners Association. City Manager, Garry Brumback recommended going into Executive Session at this time. b. Amendments to Baytown Ethics Ordinance, Processes and Procedures - City Council. Discuss amendments to the Baytown Ethics Ordinance, processes and procedures. There was no discussion on this item. C. Discuss Proposed Fees for 1111-ates Bay and NC Foote Aquatics, Center - Parks and Recreation. Discuss the proposed ordinance setting the entry and rental tees f()r tile 2011 Swilil Season at Pirates Bay Water Park and the new Calypso Cove (N.C. Foote Family Aquatic Center), There was no discussion oil this item.. 2. EXECUTIVE SESSION I ti. Executive Session: Code of Ethics - Legal. At 5:17 PA/L, Mayor DonC'arlos recessed into and COMILICted all Execufive Session PLINUant to Government Code, Section 551 .0171 to seek tile advice of the City's attorneys rot ardingamendimits to the Codc ofl-I'thics. At 6:22 P.M., Mayor DonCaflos reconvelled the Open Meeting Or tile ("'Ity Council Special Work Session and annOUnced that in accordance with Section 551.102 of tile Texas Open Meetings Act, no action was taken in tile ExCCLItiVC SCSSi011. 3. ADJOURN With there bein no further bLISiIISS to diSCLISS, Mayor DonCarlos adjourned tile November 23, 2010,( 1 ity Council Special Work Session at 6:22 P.M.