2012 07 26 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
July 26, 2012
The City Council of the City of Baytown, Texas met in a Regular Work Session
on Thursday, July 26, 2012, at 5:00 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
Mercedes Renteria
Terry Sain
Scott Sheley
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Stephen DonCarlos Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Parks and Recreation Board
Wayne Gray
Billy Barnett
Michelle Bitterly
Carmen Torres
Howard Hunt
Agustin Loredo
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Chairman
Board Member
Board Member
Board Member
Board Member
Board Member
Mayor DonCarlos convened the July 26, 2012, City Council Regular Work Session with
a quorum present at 5:00 P.M., all members were present with the exception of Council
Member David McCartney who arrived at 5:06 P.M. Parks and Recreation Board
Member Kevin Jones was absent.
1. DISCUSSIONS
a. Discuss the Expansion Master Plan for the Pirates Bay Water Park - Parks
and Recreation.
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July 26, 2012
Page 2 of 6
City Manager Leiper presented the agenda item to receive and discuss a presentation
from Kimley Horn and Associates and Counsilman Hunsaker and Associates regarding
the expansion master plan for the Pirates Bay Water Park.
Scott Johnson, Parks and Recreation Director, introduced the following guest speakers:
Mark Hatchet and Austin Powers of Kimley Horn and Associates and Kevin Post of
Counsilman Hunsaker and Associates.
Mr. Mark Hatchet presented an overview of the park and stated that they spent time out at
Pirates Bay talking to patrons, staff, Park Board, and visitors regarding what they would
like to see at the water park. He also stated that they spent some time going to different
water parks in June to help define the concepts to present before Council. He stated that
there were recommendations to address more room for more patrons due to the future
growth regarding new projects scheduled for Baytown, the issue of the long lines and
more shaded areas.
Mr. Hatchet stated that during (lie park walkthrough and observations that he park looked
good, was well maintained, and that all of the features are well used. He stated that the
park could use another feature targeting teens, another attention getting feature, more
lockers, more shade, more thrill rides, a wave pool and more signage.
Mr. Hatchet stated that during the interviews, there were suggestions of multiple person
tube rides, more seating and shade, covered eating area, a stage at the wave pool, an e-
stop at all rides, larger guard break area, misted areas, and music and air conditioning at
the concession area. Mr. Hatchet stated that with the expansion of the park, there would
be a need for another snack bar and restrooms.
Mr. Kevin Post stated that during the master plan there was a study done on the
demographics and they updated them this year for the next five (5) years. He stated that
there is a projected growth of 2% in the next 5 years. He stated that the analysis showed a
young population with about 32% less than 20 years of age, whereas the national average
is 27 %. Additionally, he stated that the income analysis was right at or a little lower than
average and the weather analysis reflected that there were hot summers and limited rain
days which creates a good opportunity for a water park usage.
Mr. Post stated that three major components are considered when developing a waterpark
they are: 1) capacity holders, 2) children's area, and 3) rides and attractions. He stated
that the choices for the capacity holders would be a wave pool or lagoon pool; choices for
the children's area would be enhance it to create more shade and make it more usable;
and the choice for the rides and attractions were the multi passenger rides that families
can do together.
Mr. Post stated that the recommended rides that would meet the needs of the park would
be the Boomerango (2 -3 person raft ride), Aqua Loop (single person thrill ride), Rattler
(family ride), and Master Blaster (water rollercoaster).
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July 26, 2012
Page 3 of 6
Mr. Austin Powers stated that Phase I for capacity purposes would be the 10,500 sq. ft.
wave pool, a 700 sq. ft. interactive fountain, and 5,200 sq. ft. operations support building.
He stated that Phase I would be the 10,500 sq. ft. wave pool which would include a stage
and have a capacity of about 400 -500 people at a cost of approximately $4,700,000. He
stated that this phase would also include extra parking of about seventy five extra spaces
with a service drive for the wave pool pumps, a guards' room, men's and women's
bathrooms, and a concession stand to service the back part of the park, as well as an
additional locker area. He stated that there were areas that could have extra shade and
more picnic tables.
Council Member Capetillo inquired how the proposed wave pool compares when
compared to the neighboring wave pools. Mr. Powers stated that the capacity would be an
average between them.
Mr. Powers stated that future phases included: the Boomerango with a cost of
approximately $1,700,000, a family raft ride with a cost of approximately $800,000
(which would be added to an existing structure) with an extra parking area; the Aqua
Loop with a cost of approximately $1,300,000, the Master Blaster with a cost of
approximately $1,600,000, and the Rattler with the cost of approximately $1,900,000.
Mr. Post stated that for a waterpark the focus is on capacity in order to get more people in
the gate. Council Member Sheley inquired if the parking was doubled. Mr. Post stated
that because the parking is shared it was too hard to gauge what was actually parking
from the waterpark. Mr. Post stated that for capacity purposes the recommendation for
phase I was the wave pool to be followed by the family ride.
Council Member McCartney inquired of the expectations on revenue. Mr. Post stated that
the final report would have an operational performance detail which would have an
estimated number of patrons multiplied by the entry fee. He also stated that additional
revenue may result from fee increases.
City Manager Leiper stated that staff would provide Council with the order and phasing
of the expansion because the construction of the expansion needs to have a minimal
impact on the operations of the park.
City Manager Leiper stated that the $4.7 million is not just for the wave pool, but it
includes the wave pool, parking, concession stand, and other structures and infrastructure.
Additionally, he stated that a lot of the plumbing for future slides would go in during
phase I.
During further discussion, Mayor DonCarlos stated that he wanted Council and staff to be
mindful of the Baytown residents regarding the entrance fee. City Manager Leiper stated
that our increase would be below the market in the area. City Manager Leiper stated that
it is unlikely that the City could fund capital at the current fee rate and that an increase
would help add a new signature piece to the park.
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July 26, 2012
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Council Member Renteria inquired if the wave pool would be considered a signature
piece. Mr. Post stated that because there are others in the area, it would not be, but it is
needed for capacity purposes.
Council Member Sain inquired if the fee increase would be after the construction of the
next phase was complete. City Manager Leiper stated that the new fee would be at the
grand opening of the expanded waterpark.
Council Member Capetillo inquired if there were any privileges for season pass holders.
Mr. Post stated that there are tiers of season passes at an additional cost with privileges
such as cups for free refills; park opens 30 minutes early, etc.
Mayor DonCarlos stated that Pirates Bay Waterpark set a new income and attendee's
record.
City Manager Leiper stated that staff would come back before Council with a phasing
recommendation along with cost and funding as well as a proposed fee increase in order
to retire the capital with operating dollars.
Council Member Capetillo inquired if there could be a zip line feature added. Mr. Post
stated that there could be one done but other features may have to be substituted or
removed.
Wayne Gray, member of the Parks Board stated that the board is in agreement with the
progress of the facility and wants to keep the momentum going. Additionally, he stated
that he agrees with the City Manager to move forward quickly but in a responsible
manner.
Council Member Sheley inquired if people would be able to see that we are expanding
while the park is still open. Mr. Johnson stated that some of the other smaller
enhancements may be done before the opening of the expansion.
b. Discuss Noise Ordinance - Administration.
City Manager Leiper presented the agenda item to discuss the City of Baytown noise
ordinance and stated the discussion would start by talking about some components for the
noise ordinance through definitions and expanding it to make it clear that it applies to up
to 5000 ft in the ETJ. He stated that one of the challenging features was setting the DVa
which have been set at 70 during the day and 65 at night. Additionally, he stated the goal
was to pass an ordinance that is enforceable and not set at such a low level that everyday
ambient noise exceeds the number set in the ordinance and that he accepts responsibility
for setting the starting point of 70.
Mayor DonCarlos stated that it is custom not having the audience address Council during
the work session, he requested that City Manager Leiper ask one spokesperson to address
their thoughts on the item. He also stated that Council Member Capetillo brought a
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July 26, 2012
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NASA noise meter which tracked City Manager Leiper speaking at a 65 DVA. He stated
that Council wanted a good noise ordinance to prevent continuous offensive noise that
hurts residents' standard of living and that it may take some time to craft to our city, but
Council wants to accomplish the residents request so that our police can enforce the
ordinance.
Mr. Jerry Jones stated that paperwork from surrounding areas regarding noise ordinances
show the following: Webster 60/65, Rosenburg and LaPorte 58/65, and Beaumont 50/55.
He stated that none of the day time decibels listed exceeds 65. He stated that any
company could engineer their work to greatly reduce noise and comply with the 65 DVA.
Mr. Jerry stated the following question/comments from others as follows:
Chris Buckner stated that if residential is abutting industrial it is understood that
they would meet the maximum allowed; but if the resident is far away from the
industry, the noise should be way below the maximum level and feels that
Council should address property owner needs and not that of industry;
Alan Hudgins stated that one person within City Council should be the focal point
to the residents of Baytown to ask and receive questions as it relates to noise
ordinance;
Beverly Valentino and Paul Lawrence and Keith Holman were at the group
meeting to provide their input, but could not attend the work session due to work
schedule.
Mr. Jones stated that there was nothing preventing any citizen from sending or calling
any council member with their thoughts, ideas and concerns regarding the noise
ordinance.
Mayor DonCarlos inquired of City Manager Leiper of what other information would was
needed before moving forward with an outline.
City Manager Leiper stated that there were a number of components to an enforceable
noise ordinance; the bench mark would be the decibal level that includes how it's
measured, the time period, and other items. He also stated that another key piece was the
enforcement of this ordinance as this would be a criminal citation and that currently there
is no specific noise police to deal with these violations. City Manager Leiper requested
that Mr. Lester provide some data for Council.
Council Member Capetillo inquired if Council could receive information from other
cities in how many citations are issued for these violations. City Manager Leiper stated
that other cities have it on the books but do not enforce them and that the only city that
was found to have issued citations was La Porte on complaints against the Port of
Houston.
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July 26, 2012
Page 6 of 6
Mr. Mike Lester, Health and EMS Director stated that this is a very complicated issue
and is monitored according to an average period of time. He stated that the City should
have supportive information once a citation is enforced.
City Manager Leiper stated that there were actual copies of ordinances that address the
pipe noise which is the initial issue for the reviewing of the ordinance and that one option
was to have a multi - faceted process. Council Member Hoskins stated that if you write the
ordinance in a multi faceted process it won't work and recommended to include a peak
low which if exceeded could be granted a citation and hold up in court .
Council Member Capetillo recommended including cars and loud music in the ordinance.
Mr. Lester stated that Council should also be mindful of the compounding issue which is
pushing noise higher than the decibel noise level. City Manager Leiper stated that just
because you can hear a noise does not mean that it is a violation.
City Manager Leiper stated that he would like to work with Council Members Hoskins,
Sain and Capetillo so staff can start crafting something that could be brought before
Council in a few weeks.
Mayor DonCarlos requested for the City Manager to start working on the ordinance soon
and pick a meeting where there is not a work session already scheduled and have an hour
meeting to work on this issue. Council Member Sain stated that he wants to continue to
pursue speaking with the industries to put in engineering controls and have the ordinance
as the last approach. Council Member Hoskins stated that the reason we are pursuing this
is because the citizens came forward with the issue and we are siding with the citizens
and want to make sure that we are getting it done correctly.
During closing of the discussion, Council Member Hoskins stated that in regards to
having a focal point on Council that residents need to work through their respective
representatives.
Mr. Jerry Jones requested that the Friends of Cedar Bayou participate in the development
of the new noise ordinance. Council requested that the group submit the name of one
representative to participate in the development of said ordinance with staff.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the July 26,
2012, City Council Regular Work Session at 6:19 P.M.