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2019 06 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 13, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June 13, 2019, at 6:30 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 Chris Presley Council Member Charles Johnson Council Member Heather Betancourth Council Member Robert Hoskins Council Member David Himsel Council Member Brandon Capetillo Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the Jane 13, 2019, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on March 14, 2019. A motion was made by Mayor Pro Tom Heather Betancourth, and seconded by Council Member Robert C. Hoskins approving the March 14, 2019, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes June 13, 2019 Page 2 of 21 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize the 2019 Baytown Little League Champions. Mayor Capetillo presented the agenda item and recognized the 2019 Baytown Little League City Champions. b. Recognize Mr. Mark LeBlanc for his selection as the Texas Public Works Association's Professional Water Resources Manager of the Year. Director of Public Works, Frank Simoneaux presented the agenda item and recognized Mr. Mark LeBlanc, Assistant Director of Public Works as the Texas Public Works Association's Professional Water Resources Manager of the Year. C. Mr. R.D. Burnside requested to appear before the City Council regarding his request for the reimbursement of permit fees associated to Cedar Bayou Grace United Methodist Church, located at 2714 Ferry Road, Baytown. Mr. Burnside represented the Cedar Bayou Grace United Methodist Church and noted that he's been a member of the church for 40 years. He stated that the church has been in existence for 175 years and due to the many floods the church has endured, a decision was made to build a new facility across the street to higher ground. He stated that they borrowed money to build the new facility and requested that the church be refunded the full amount paid for a permit. Additionally, it was noted that the requested amount was $30,000 of the $60,000 impact fees. 3. PROPOSED REZONING OF 1.02 ACRES OF LAND, 2010 WEST CEDAR BAYOULYNCHBURG a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 1.02 acres, located at 2010 West Cedar Bayou Lynchburg, legally described as Lot 44 Block 3 Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 6:47 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 1.02 acres, located at 2010 West Cedar Bayou Lynchburg, legally described as Lot 44 Block 3 Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Director of Planning and Community Development, Tiffany Foster presented a summary of the public hearing and noted that there was, a variety of zoning request in this area along Cedar Bayou Lynchburg. She stated that the area was annexed in November 2017 and within the next couple of months from the current date there would be a staff initiated rezone of the entire area. She stated that staff worked with the Planning and Zoning Commission "P&Z" to do a future land use plan analysis to analyze the existing uses, along with the existing interest, and City Council Regular Meeting Minutes Jane 13, 2019 Page 3 of 21 the impact it would have with the new road opening up. She stated that before bringing a recommendation before Council, there was a change to the Future Land Use Plan (FLOP) to have a commercial corridor along Cedar Bayou Lynchburg and a lower density residential behind it. She further stated the applicant proposed to rezone a parcel, which has an existing retail use, to align the use with the appropriate zoning district and to comply with the FLUP. Miguel Magallon registered to speak at the public hearing regarding agenda item In. Mr. Miguel Magallon stated that he lived at 2010 W. Cedar Bayou Lynchburg and was available to answer any questions from Council. Council Member Hoskins stated that once a property is annexed into the City it is zoned as Open Space Recreational and inquired if an applicant would have to pay a fee to have the property zone changed. Mrs. Foster stated that an applicant would have to pay an application fee. Council Member Hoskins further inquired if there could be an appropriate zone determination for the property once it's annexed so that the property owners would not have to go through the extra work. Mrs. Foster stated that Council Member Hoskins recommended inquiry could be done, but noted that it was not considered by the Council to have such fees waived. Mayor Capetillo recommended for Council to consider an abatement of such fees. Additionally, he requested for this discussion to be added to a future agenda and that staff provide a comprehensive plan for the newly annexed areas. At 6:50 P.M., Mayor Capetillo closed the public hearing regarding agenda item In. b. Consider an ordinance amending the official zoning map to rezone approximately 1.02 acres, located at 2010 West Cedar Bayou Lynchburg, legally described as Lot 44 Block 3 Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Mrs. Foster noted that zoning amendments were $300. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 14,089, regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tent Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes Jane 13, 2019 Page 4 of 21 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving to amend Ordinance No. 14,089, which refunds fees associated with agenda item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 1.02 ACRES, LOCATED AT 2010 WEST CEDAR BAYOU LYNCHBURG, LEGALLY DESCRIBED AS LOT 44, BLOCK 3, NORTHSIDE HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. PROPOSED REZONING OF 1.02 ACRES OF LAND. 2306 CONNALLY ROAD a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 1.02 acres, located at 2306 Connally Road, legally described as Lot 46, Block 1, Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Low Density Single -Family Residential Dwellings (" SFl") Zoning District. At 6:52 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 1.02 acres, located at 2306 Connally Road, legally described as Lot 46, Block 1, Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Low Density Single -Family Residential Dwellings ("SFI ") Zoning District. Mrs. Foster presented a summary of the public hearing and stated that this property is in the same area previously discussed in agenda item 3.a. She stated that the property owner seek to build a new home on the property with SFl zoning district, which is consistent with the land evaluation previously done. Additionally, she noted that the permit fee would also be waived. City Council Regular Meeting Minutes June 13, 2019 Page 5 of 21 Mayor Capetillo inquired if all of the larger lots would be considered as SF I, to avoid selective zoning from SFI or SF2. Mrs. Foster stated that staff would have to make an evaluation based on the lots and there would possibly be text changes to the existing zoning districts to accommodate some of the areas where lot uses were not clearly defined in the City's regulations. With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed the public hearing. b. Consider an ordinance amending the official zoning map to rezone approximately 1.02 acres, located at 2306 Connally Road, legally described as Lot 46, Block 1, Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Low Density Single -Family Residential Dwellings ("SF1") Zoning District. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins approving Ordinance No. 14,090, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving to amend Ordinance No. 14,090, which refunded all fees associated with agenda item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 1.02 ACRES, LOCATED AT 2306 CONNALLY ROAD, LEGALLY DESCRIBED AS LOT 46, BLOCK 1, NORTHSIDE HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN City Council Regular Meeting Minutes June 13, 2019 Page 6 of 21 OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A LOW DENSITY SINGLE-FAMILY RESIDENTIAL DWELLINGS (SFI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 15 acres, located near the northwest corner of the intersection of Interstate Highway 10 (IH 10) frontage road and John Martin Road, legally described as a part of and out of Tract 1, Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas, from a General Commercial (GC) Zoning District and a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Mid -Rise Mixed Residential (MF2) Zoning District. At 6:57 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 15 acres, located near the northwest comer of the intersection of Interstate Highway 10 (IH 10) frontage road and John Martin Road, legally described as a part of and out of Tract 1, Block 46, Elena Fruit & Cotton Farts C, Harris County, Texas, from a General Commercial (GC) Zoning District and a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Mid -Rise Mixed Residential (MF2) Zoning District. Sr. Planner Manager, Nathan Dietrich presented a summary of the public hearing and stated that this parcel of land was involuntarily annexed in November 2017. He stated that the area also considered for a zoning map amendment in November 2018, whereas the zoning was actually changed from OR to GC and SF2. He stated that the owner requested to change 15 acres to MF2 leaving the north portion of the property to remain as SF2 and the portion on the other side of the 15 acres to remain as GC. Additionally, Mr. Dietrich stated that agenda items 5.b., 5.c., and 5.d. were related to agenda item 5.a. He noted that the in order for the zoning district to be changed to MF2, the FLUP would have to be changed as well, therefore the subsequent agenda items requests such changes. Andrew Allemand, Neal Wade, Jason Schlanger, Jeff Bootle, and Andrew Chambers all registered to speak at the public hearing regarding agenda item 5.a. Jeff Bootle yield his time to Andrew Allemand. Mr. Andrew Allemand noted that he worked for Windrose Land Services, Inc., and that the intent for the MF2 zone was to locate it close to large commercial corridors and where it complimented the occurring development. He stated that multi -family was a viable land use for City Council Regular Meeting Minutes June 13, 2019 Page 7 of 21 this particular type of land. He stated that they request for the land uses to go from Interstate to hard commercial corridor across the drainage channel for separation purposes to M172 and transition into SF2. Additionally, he noted that they request for a 20 unit per acre for the project with respects to this agenda item. Mr. Jason Schlanger, a representative of the apartment developer Stanmore Partners, stated that he was in support of the rezone and noted that they also built the Ravella at Eastpoint. He further answered questions from Council. Council Member Johnson inquired if the development would be comparable to the Ravella complex. In response to Council Member Johnson's inquiry, Mr. Schlanger stated that based on the purchased price of the land and with the Class A apartment market, the apartment must be built with a certain quality, regardless of the builder. Mr. Schangler noted that it would be hard to build an apartment other than Class A, unless the apartment is built as tax credit, in which they do not do. Council Member Johnson inquired of the occupancy rate and the number of units at the Ravella complex. Mr. Schlanger stated that the occupancy rate at the Ravella was 93.2% with approximately 282 units. Council Member Johnson further inquired as to how long the Ravella was occupied at 93.2% and if it's been over such rate. Mr. Schlanger stated that the occupancy was over 93% and typically they operate in stabilized apartment, in which stabilization is over 90%. Additionally, Mr. Schlanger stated they were over and under 93%, but never under 90%. Council Member Alvarado inquired if there were any comments from the school district regarding this project. Mrs. Foster stated that the school district was in support of the project and anticipated growth in the area, therefore, were making preparation for additional students. She further stated that the school district did want to insure that the development was of quality. At 7:27 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.a. It. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan Future Land Use Plan (FLUP) for properties generally located north of the west bound frontage road of Interstate Highway 10 (I1110) and its intersection with John Martin Road, west to Goose Creek, in Harris County, Texas. At 7:27 P.M, Mayor Capetillo opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan Future Land Use Plan (FLUP) for properties generally located north of the west bound frontage road of Interstate Highway 10 (IH 10) and its intersection with John Martin Road, west to Goose Creek, in Harris County, Texas. Mr. Dietrich presented a summary of the public hearing and stated that because the FLUP did not meet or support the MF2 development, the applicant requested for change to high density. He noted that if the FLUP did not pass the zoning amendment would not pass either. Mayor Capetillo requested for staff to provide Council with the current status of apartment ratio compared to single family at proposed development of multi -family. City Council Regular Meeting Minutes June 13,2019 Page 8 of 21 At 7:30 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.b. C. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future Land Use Plan for properties generally located north of the west bound frontage road of Interstate Highway 10 (IH 10) and its intersection with John Martin Road, west to Goose Creek, in Harris County, Texas. A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving Ordinance No. 14,091, regarding agenda item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: Mayor Pro Tem Heather Betancourth Approved ORDINANCE NO. 14,091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN FOR PROPERTIES GENERALLY LOCATED NORTH OF THE WEST BOUND FRONTAGE ROAD OF INTERSTATE HIGHWAY 10 (I1110) AND ITS INTERSECTION WITH JOHN MARTIN ROAD, WEST TO GOOSE CREEK, IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending the official zoning map to rezone approximately 15 acres, located near the northwest corner of the intersection of Interstate Highway 10 (IH 10) Frontage Road and John Martin Road, legally described as a part of and out of Tract 1, Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas, from a General Commercial (GC) Zoning District and a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a Mid -Rise Mixed Residential (MF2) Zoning District. With regards to timing, Council Member Presley inquired how long the applicant would have to come back before Council if the rezoning did not pass or if adjustments needed to be made to an existing complex. In response to Council Member Presley's inquiry, Mr. Dietrich stated that the timeframe was one (1) year. Mayor Capetillo inquired of the zoning classification that accommodated townhomes. Mr. Dietrich stated that a townhome could be done under MF I. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving to consider an ordinance amendment regarding agenda item 5.d. City Council Regular Meeting Minutes June 13, 2019 Page 9 of 21 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to suspend consideration of agenda item 5.d. not to extend to the end of July 30, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved 6. VOLUNTARY ANNEXATION OF 0.47 ACRES OF LAND. 2402 1-10 HIGHWAY a. Consider an ordinance authorizing a Services Agreement with Jorge A. Valencia, concerning the annexation of 0.47 acres located along the east bound frontage road of I-10 approximately 2,536 feet east of Thompson Road, addressed as 2402 Interstate 10 Hwy, Harris County, Texas. Principle Planning Manager, Chris Chavis presented the agenda item and stated that the .047 acres located in the unincorporated area south end of I-10 currently had a commercial building on the site, in which the owner chose to bring into the City limits of Baytown to market as commercial development. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins approving Ordinance No. 14,092, regarding agenda item 6.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tent Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES AGREEMENT WITH JORGE A. VALENCIA; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 13, 2019 Page 10 of 21 b. Conduct the first public hearing regarding the proposed voluntary annexation of approximately 0.47 acres located along the east bound frontage road of I-10 approximately 2,536 feet east of Thompson Road, addressed as 2402 Interstate 10 Hwy, and legally described as Tract 2G2, Block 2, Elena Fruit & Cotton Farms D, Harris County, Texas. At 7:47 P.M., Mayor Capetill opened and conducted the first public hearing regarding the proposed voluntary annexation of approximately 0.47 acres located along the east bound frontage road of 1-10 approximately 2,536 feet east of Thompson Road, addressed as 2402 Interstate 10 Hwy, and legally described as Tract 2G-2, Block 2, Elena Fruit & Cotton Farms D, Hams County, Texas. Mr. Chavis presented a summary of the public hearing and stated that the summary remained the same as presented in agenda item 6.a. Additionally he noted that a representative for the applicant was available to answer any questions from Council. With there being no one registered to speak regarding agenda item b.h., Mayor Capetillo closed the first public hearing at 7:47 P.M. 7. DISCUSSIONS a. Present and discuss design and renovation options for the Baytown Animal Control Facility. Interim Health Department Director, Tony Gray presented the agenda item and stated that Kim Dowdy from Quorum Architect would present a design option for the animal shelter that was developed based on the comments from Council regarding the previous options presented in March and April 2019. He stated that Council's initial development design cost was between $4- 5 million which changed at the April's presentation to $6 million. Mr. Gray stated that the first draft of the proposed design was presented to the Animal Control Advisory Committee on May 30th and was revised based on comments received by the Committee. He noted that Dr. Lipps and Jay Garrett, members of the Committee would provide comments, as well as, answer questions after the presentation. Ms. Kim Dowdy presented her presentation and provided Council with information requested from the previous council meeting. She stated that the break down capacity of the facilities intake included the current projections, along with the projections of 2030 and 2045 animal capacity. She stated with regards to new construction that in 2018, there were 54 cats and 41 dogs; with the 2030 capacity there were 68 cats and 49 dogs; and with the 2045 capacity there were 75 cats and 54 dogs. She stated that the construction cost projection was $5.59 million, with the cost per square foot being $319. She noted that the cost decrease was a result from cutting the overall appearance of the building. City Council Regular Meeting Minutes June 13,2019 Page 11 of 21 Ms. Dowdy stated that the comments from the Committee meeting on May 30th included the following: • Separating adoptions from stray outdoor runs • Sinks in all animals rooms • S/N Clinic -smaller Pre -Op space • Separate Medical Room • Separate Evaluation space w/ check -in • Education/Training Room added back to project • Shortage of storage- will reuse existing cennex trailers Ms. Dowdy noted that due to cost the education/raining room could not be added back into the project and that the Committee was pleased with the layout of the design. Ms. Dowdy stated that the design would take the facility out a little past the year 2045 and included the following: capacity for 62 dogs and 78 cats; 12,736 sq. ft. of new construction, 100% of dogs have indoor/outdoor kennels; protected/covered adoptable play yards; required separation of all animals to reduce disease/wress levels; enclosed sallyport; Spay/Neuter Vet Clinic; adequate HVAC, lighting, wash -down system drainage; durable/easy to disinfect equipment and finishes. She further stated that this design would meet state health department requirements and the existing facility would be left as is. Additionally, she noted that there would be additional soft cost to the construction cost. City Manager Davis stated that the project would be financed over a ten year period with some generational equity and noted that the addition of any components to this project would be financed as one. Additionally, he stated that the budget incorporated doing some of the upgrades and recommended moving forward with the project. Dr. Lipps stated that her main focus regarding this project was animal health and further noted that the design plan was a very good disease control facility. Additionally, she recommended that Council considered moving forward with the project. In further discussion, Mr. Gray stated for clarity purposes that the cost per animal for fiscal year 2018-2019 was $256, in which calculations from using the operational budget were divided by the number of animals taken in per year. He noted that compared to the average of $437 from eight (8) other cities similar in population or geographically, the City of Baytown was at the bottom of the list. Mayor Capetillo requested to include a masonry component to the front facade of the building and a projected cost for a training classroom. City Council Regular Meeting Minutes Sane 13, 2019 Page 12 of 21 8. PROPOSED ORDINANCES a. Consider an ordinance amending Section 2-595 "Fees for various city services" and Section 18-652 "Amendments to the residential code" of the Code of Ordinances, Baytown, Texas, to update residential building and inspection fees and to remove the requirement that the City obtain valuations for residential projects. Mrs. Foster presented the agenda item and stated that the 2019 Legislature passed H.B. 852, which prohibits municipalities from assessing residential building and inspection fees on (i) the value of the dwelling or (ii) the cost of constructing or improving the dwelling. She stated that because the City's adopted residential building and inspection fees were based upon such values and/or costs, staff proposed to set such fees based upon the square footage for new residential construction and upon a flat fee for all other residential construction projects. Mayor Capetillo inquired as to how this change impacts the overall fee schedule due to some of the significant decreases. Mrs. Foster stated that some of the fees were already lower; therefore, this change would sort of normalize the fee and the overall average for new residential would be similar. Additionally, she noted that there was no analysis on revenue impact. Mrs. Foster stated that the permits fees were based on the cost of delivery of service, which was 24 inspections to do a new constructed home. She further noted that the bill was signed and effective immediately. The following details the proposed fees in comparison to the fees being charged: RESIDENTIAL PERMIT - WITH ESTABLISHED FLAT FEE PERMIT TYPE CURRENT PERMIT FEE PROPOSED FEE Difference Demolition $57.25 $113.00 $55.75 Demolition w Court Orders $274.25 $276. 00 $1.75 Manufactured Home $352.75 $318.00 $34.75) Driveway -RES $57.25 $210. 00 $152.75 Fence - RES $35.00 $59.00 $24.00 Foundation Repair $140.00 $114. 0 ($26.00) House Movin - Interior $327.75 $330.00 $2.25 House Movin -Exterior 1 $394.75 1 30.00 $64.75) RESIDENTIAL PERMITS - PROPOSED FLAT FEE PERMIT TYPE CURRENT PERMIT FEE PROPOSED FEE Difference Storage Building over 100 sq. ft. $125.00 $156.00 $31.00 Carport $170.00 $156.00 ($14.00) Garage $285.00 1 $445.00 $160.00 City Council Regular Meeting Minutes June 13, 2019 Page 13 of 21 Swimming Pool $643.00 $554.00 ($89.00) Roof Replacement $119.00 $113.00 ($6.00) Secure Structure $72.00 $114.00 $42.00 Remodel without trades $480.00 $281.00 ($199.00) Remodel with trades $759.00 $553.00 ($206.00) PROPOSED NEW RES PERMIT FEE STRUCTURE PERMIT TYPE PROPOSED FEE 0 - 2,000 sqft $1,479,00 2,001 - 4,000 sqft $1,697,00 4,001 - up sqft $1,806,00 RESIDENTIAL TRADE PERMITS NOT TIED TO A BUILDING PERMIT PERMIT TYPE CURRENT PROPOSED Difference PERMIT FEE FEE Electrical, Mechanical, or $67.00 $ 86.00 $19.00 Plumbin Permit without review) Electrical, Mechanical, or $ 155.00 Plumbing Permit with review MISCELLANEOUS FEES IT TYPE CURRENT FEE PROPOSED FEE DifferecePERMIT esubmittals NO FEE $71.00 $71.00 ion Re -Ins ections j $35.00 $5500 $20.00 ion After Business Houts $100.00 $140.00 $40.00 evisions $35.00 $10100 $66.00 ement Permit Cazd$35.00 $58.00$23.00 ement Residential Plans $35.00 $58.00 $23.00 A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving Ordinance No. 14,093, regarding agenda 8.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes June 13, 2019 Page 14 of 21 ORDINANCE NO. 14,093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE"' DIVISION 1 "GENERALLY," SECTION 2-595 "FEES FOR VARIOS CITY SERVICES," SUBSECTION (2) "DEVELOPMENT SERVICES," PARAGRAPHS (B) "BUILDING PERMIT: RESIDENTIAL," (C) "DEMOLITION PERMIT," (D) "ELECTRICAL PERMIT: RESIDENTIAL," (E) "ELECTRICAL PERMIT: COMMERCIAL, RESIDENTIAL REPAIRS OR UPGRADES," (F) "PLUMBING PERMIT: RESIDENTIAL," (G) PLUMBING PERMIT: COMMERCIAL, RESIDENTIAL, REPAIRS OR UPGRADES," (H) "MECHANICAL PERMIT: RESIDENTIAL," (I) "MISCELLANEOUS BUILDING PERMIT," AND (J) "INSPECTION AND PLAN REVIEW (FOR BUILDING SERVICES ONLY)' AND CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE ix "MINIMUM PROPERTY STANDARDS," DIVISION 2 "ONE -AND -TWO-FAMILY DWELLINGS AND TOWNHOUSES," SECTION 18-652 "AMENDMENTS TO THE RESIDENTIAL CODE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE RESIDENTIAL BUILDING AND INSPECTION FEES AND TO REMOVE THE REQUIREMENT THA THE VALUATIONS FOR BUILDING PERMIT FEES BE OBTAINED; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Construction Contract with Comex Corporation for the Fire Training Facility Phase 3 Project. Assistant Engineering Director, Ajay Shakyaver presented the agenda item and stated that Ordinance No. 14,094, authorizes a construction contract with Comex Corporation, for the Baytown Fire Training Center Phase 3 Project, in the amount of $7,438,000; which included the following: Base Bid Alternate 1 - Stora a BuildinAlternate 2 - Outdoor ClassrooAlternate 3 - Indus ProAlternate =S135,000 4 - PavinTOTAL Mayor Capetillo inquired for clarity if the proposed facility was too far in the process to consider an agility testing. Fire Chief Dobson stated the during other discussion regarding the possibility City Council Regular Meeting Mmutes June 13, 2019 Page 15 of 21 of adding some type of agility testing, they didn't want to delay this process and there was a possibility of adding the builder later at a lesser cost. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Heather Betancourth approving Ordinance No. 14,094, regarding agenda item 8.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF COMEX CORPORATION FOR THE FIRE TRAINING FACILITY PHASE 3 PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH COMEX CORPORATION FOR THE FIRE TRAINING FACILITY PHASE 3 PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF SEVEN MILLION FOUR HUNDRED THIRTY-EIGHT THOUSAND AND NO/100 DOLLARS ($7,438,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Fourth Amendment to the Chapter 380 Agreement with Goose Creek IHI, LLC, concerning 700 W. Texas Ave. Council Member Presley stated that he filed a Conflict of Interest with the City Clerk's Office and recused himself from the agenda item, as well as, the vote. City Attorney, Ignacio Ramirez presented the agenda item and stated that Ordinance No. 14,095 authorizes the Fourth Amendment to the Chapter 380 Agreement with Goose Creek IHI, LLC, concerning 700 W. Texas Ave. Additionally, he stated that the agreement was done around years 2010-2011, in which Goose Creek IHI, LLC ("GCIH I") requested a discounted payoff amount should it make such payment on or before December 31, 2019. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Ordinance No. 14,095, regarding agenda item S.c. The vote was as follows: City Council Regular Meeting Minutes June 13, 2019 Page 16 of 21 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Chris Presley (Not Present for Vote) Approved ORDINANCE NO. 14,095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT AND LEASE WITH GOOSE CREEK IH 1, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. CONSENT A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving consent agenda items 9.a. through 9.g. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Mayor Pm Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Chris Presley (Not Present for Vote) Approved a. Consider an ordinance amending Chapter 94, Article IV, Section 94-121 of the Code of Ordinances, Baytown, Texas, to update Schedule IX by adding one (1) traffic signal at the intersection of Bush Road and Stonehedge Drive. ORDINANCE NO. 14,096 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD INTERSECTIONS," AND SCHEDULE IX "DESIGNATION — SIGNALIZED INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TRAFFIC City Council Regular Meeting Minutes June 13, 2019 Page 17 of 21 SIGNAL CONTROL HARDWARE AT THE INTERSECTION OF BUSH ROAD AND STONEHEDGE DRIVE AND THE REMOVAL OF THE STOP SIGN ON STONEHEDGE DRIVE AT ITS INTERSECTION WITH BUSH ROAD; AUTHORIZING THE POSTING OF PROPER SIGNS AND MARKINGS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a construction contract with Traffic Systems Construction, for the Traffic Signal on Bush Road at Stonehedge Project. ORDINANCE NO. 14,097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRAFFIC SYSTEMS CONSTRUCTION, INC., FOR THE TRAFFIC SIGNAL ON BUSH ROAD AT STONEHEDGE PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TRAFFIC SYSTEMS CONSTRUCTION, INC. FOR THE TRAFFIC SIGNAL ON BUSH ROAD AT STONEHEDGE PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE HUNDRED SIXTY-ONE THOUSAND FOUR HUNDRED SIXTY-THREE AND 63/100 DOLLARS ($161,463.63); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Seventh Amendment to the Water Supply and Waste Disposal Agreement with Chambers County Municipal Utility District No. 1. ORDINANCE NO. 14,098 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 THE SEVENTH AMENDMENT TO THE WATER SUPPLY AND WASTE DISPOSAL AGREEMENT WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. it. Consider an ordinance authorizing Amendment No. 12 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. City Council Regular Meeting Minot" June 13, 2019 Page 18 of 21 ORDINANCE NO. 14,099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 12 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS COUNTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with MSM Resources Corporation. ORDINANCE NO. 14,100 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 A PROFESSIONAL SERVICES AGREEMENT WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider a resolution authorizing an application in response to the FY2019 Texas Intrastate Fire Mutual Aid System (TIFMAS) Grant Assistance Program: Training Tuition Grants for the Fire Department. RESOLUTION NO.2591 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE TEXAS INTRASTATE FIRE MUTUAL AID SYSTEM (TIFMAS) GRANT ASSISTANCE PROGRAM: TRAINING TUITION GRANTS THROUGH THE TEXAS A&M FOREST SERVICE ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution adopting revised Purchasing Policies and Guidelines for Community Development. City Council Regular Meeting Minutes June 13, 2019 Page 19 of 21 RESOLUTION NO.2592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A REVISED PURCHASING POLICIES AND GUIDELINES FOR COMMUNITY DEVELOPMENT; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. APPOINTMENTS a. Confirm the City Manager's appointment of the City of Baytown Health Director. City Manager Davis presented the agenda item and stated that Mr. Gray served as interim Health Director since the retirement of the previous director and has handled the duties with the highest level of competence, effectiveness and diplomacy. Additionally, he requested Council's approval of his appointment of Mr. Gray as the City of Baytown's Health Department Director. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Heather Betancourth approving City Manager Davis's appointment of Tony Gray as the City of Baytown's Health Director. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Chris Presley (Not Present for Vote) Approved b. Consider the appointment of Mr. Tony Gray to the Animal Control Advisory Committee. Mrs. Brysch presented the agenda item and stated that as the new City Health Director, Tony Gray would complete the position tern, which expires on September 30, 2019, and at such time, would be re -appointed to the Board for a regular two year term and continue to serve in the capacity until he's no longer the Health Department Director. A motion was made by Council Member Laura Alvarado and seconded by Council Member Robert C. Hoskins approving the appointment of Tony Gray to the Animal Control Advisory Committee. The vote was as follows: City Council Regular Meeting Minutes June 13, 2019 Page 20 of 21 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Chris Presley (Not Present for Vote) Approved C. Consider three (3) appointments to the Baytown Industrial Appraisal Review Board. Mrs. Brysch presented the agenda item to consider the three (3) appointments Mr. Ron Haddox, Chairman; Mr. Chet Theiss, Vice Chair; and Ms. Donna Winfrey -Varner, Board Member to the Baytown Industrial Appraisal Review Board. Additionally, she stated that the Board member terms were for one (1) year and expires on June 30, 2020. A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving the appointments of Mr. Ron Haddox, Chairman; Mr. Chet Theiss, Vice Chair; and Ms. Donna Winfrey -Varner, Board Member to the Baytown Industrial Appraisal Review. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Mayor Pro Tom Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Chris Presley (Not Present for Vote) Approved 11. MANAGER'S REPORT City Manager Davis stated that the City Clerk's Office, along with the Administration Office received awards at the United Way Starlight Gala for contributions to the campaign and that the City of Baytown as a whole placed second overall for giving per person. He recognized the Finance Department for receiving the Distinguished Budget Presentation Award from the Government Finance Officers Association. He further recognized Officer Nicholas Martinez for receiving his Advanced Peace Officers Certificate and Officer Markus Rivers for receiving his Master Peace Officer Certificate. He acknowledged Officer Loyd for remaining calm while assisting a resident who was passed out due to a medical condition and became a little aggressive upon coming to, City Manager Davis noted that a resident recognized Officer Clint Holden for 22 years of service and for always being professional when assisting him with his concerns. He further noted that some public works crews were recognized for working after City Council Regular Meeting Minutes June 13, 2019 Page 21 of21 hours during a holiday weekend picking up debris after a storm. Additionally, he recognized Baytown employees Yorel Stanley, Dominique Johnson, Joe Roberts and Leonard Artis for unstopping a drainage ditch during a storm which possibly saved a few homes from flooding. Mayor Capetillo noted that he would be extending an invitation to various entities that shared common issues with the City of Baytown to create a Baytown Intergovernmental Affairs Committee that would meet periodically for the betterment of the community. He further requested for City Manager Davis to provide a brief summary of the ICSC. City Manager Davis stated that the ICSC was a place of opportunity where community leaders meet with developers to spark interest for the developer to develop in their areas, to access the health of the cities retail market, and to generate ideas that would make additional land available for development. He noted that the state of retail in Baytown was very strong and that many retailers along Garth Road were informative of their ranking statuses within their specific chains of business. Additionally, he stated that these types of meetings are beneficial and noted that they would be attending a meeting in Fort Worth, which focus primarily on the growth in Texas, whereas, ICSC has an audience from around the world. Council Member Alvarado noted that at the West Baytown Civic Association meeting many expressed gratitude for the completed project that included Huggins and Oklahoma Streets. 12. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding pending litigation involving the City of Baytown. At 8:55 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding pending litigation involving the City of Baytown. At 9:54 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular Meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. 13. ADJOURN With there being no further business to discuss, 2019, City Council Regular Meeting at 9:54 P.M. Leticia Btysch, City Clerk City of Baytown Mayor Capetillo adjourned the June 13,