Loading...
2020 04 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 09, 2020 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 0% 2020, at 6:37 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 Robert Hoskins Council Member David Himsel Council Member Brandon Capetillo Mayor Rick Davis City Manager Karen Horner Assistant City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the April 09, 2020, City Council Regular Meeting with a quorum present at 6:37 P.M., all members were present with the exception of Council Member Betancourth who was absent. Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing measures, the public was not allowed to be physically present at this meeting. However, the meeting was available to members of the public and allowed for two-way communications for those who desired to participate. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Johnson. 1. MINUTES Mayor Capetillo requested that agenda items La. and Lb. be considered together. a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on March 12, 2020. b. Consider approving the minutes of the City Council Special Meeting held on March 19, 2020. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins approving the March 12, 2020, City Council Work Session and Regular Meeting, as well as, the March 19, 2020, City Council Special Meeting minutes. The vote was as follows: City Council Regular Meeting Minutes April 09, 2020 Page 2 of 18 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved 2. ANNOUNCEMENTS, RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present the 3rd and 4th of July Celebration schedule and entertainment for 2020. Parks and Recreation Director, Scott Johnson presented the schedule and entertainment line-up for this year's 3rd and 4th of July Celebration. He stated that the entertainment for Friday, July 031 2020, would include performances by the Peterson Brothers and Dennis Deyoung. He further stated that the entertainment for Saturday, July 04, 2020, would include vendor booths, a performance by the GooRoos rock band, the parade, a performance by the Eclipse band, the ceremony, a performance by Roots and Boots, and end with the fireworks extravaganza. 3. PROPOSED REZONING OF APPROXIMATELY 35.12 ACRES OF LAND Senior Planner Manager, Nathan Deitrich requested to present agenda items 3.a., 3.b., 3.c., and 3.d. altogether. a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 35.12 acres, located along the southern boundary of Hunt Road approximately 2,040 feet west of North Main Street, addressed as 703 Hunt Road, and situated in Ashbel Smith Survey, Abstract No. 1562, Harris County, Texas. b. Consider an ordinance for the newly annexed properties generally described as approximately 35.12 acres located along the southern boundary of Hunt Road approximately 2,040 feet west of North Main Street, addressed as 703 Hunt Road, and situated in Ashbel Smith Survey, Abstract No. 1562, Harris County, Texas, to be placed into Council District No. 4. Mr. Dietrich summarized the agenda items in which agenda item 3.a. was the second and final reading regarding the annexation of approximately 35.12 acres. He stated that the property would be zoned Open Space Recreational (OR), but noted that the owner requested that it be changed to General Commercial (GC), which is in line with the Future Land Use Plan (FLUP). He stated that at the time of the meeting the property owner was not certain of the properties specifics. He further stated that the property would adhere to compatibility standards being that it's adjacent to single family residential. Additionally, he stated that the standards would include at least a six (6) feet opaque fence and 20 feet of open space green area. City Council Regular Meeting Minutes April 09, 2020 Page 3 of 18 Mayor Capetillo inquired if the property owner communicated with the pipeline owner. Mr. Dietrich stated that to his understanding the property owner was aware that they would need a crossing and that they had been in contact with the pipeline owner, but he wasn't sure if there were any final decisions with such regard. Mayor Capetillo further noted that agenda item 3.a. was the second and final reading for the property and agenda item 3.b. would place the property into Council District 3. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins approving Ordinance No. 14,345, regarding agenda item 3.a. and Ordinance No. 14.371, regarding agenda item 3.b. The vote was as following: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 14,345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 35.12 ACRES, LOCATED ALONG THE SOUTHERN BOUNDARY OF HUNT ROAD APPROXIMATELY 2,040 FEET WEST OF NORTH MAIN STREET, ADDRESSED AS 703 HUNT ROAD, AND SITUATED IN ASHBEL SMITH SURVEY, ABSTRACT NO. 1562, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 14,371 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 35.12 ACRES LOCATED ALONG THE SOUTHERN BOUNDARY OF HUNT ROAD APPROXIMATELY 2,040 FEET WEST OF NORTH MAIN STREET, ADDRESSED AS 703 HUNT ROAD, AND SITUATED IN ASHBEL SMITH SURVEY, ABSTRACT NO. 1562, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 09, 2020 Page 4of18 C. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 35.12 acres of unaddressed property located south of Hunt Road between Garth Road and North Main Street, legally described as Tract 72 Part of Lots 15 16 & 17 Block 20 Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 6:46 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 35.12 acres of unaddressed property located south of Hunt Road between Garth Road and North Main Street, legally described as Tract 72 Part of Lots 15 16 & 17 Block 20 Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. With there being no one registered to speak regarding agenda item 3.c., Mayor Capetillo closed the public hearing at 6:47 P.M. d. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 35.12 acres of unaddressed property located south of Hunt Road between Garth Road and North Main Street, legally described as Tract 72 Part of Lots 15 16 & 17 Block 20 Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 14,372, regarding agenda item 3.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 141372 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 35.12 ACRES OF UNADDRESSED PROPERTY LOCATED SOUTH OF HUNT ROAD BETWEEN GARTH ROAD AND NORTH MAIN STREET, LEGALLY DESCRIBED AS TRACT 72 PART OF LOTS 15 16 & 17 BLOCK 20 HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL City Council Regular Meeting Minutes April 09, 2020 Page 5 of 18 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 APPROXIMATELY 63.56 ACRES OF LAND Mayor Capetillo noted that agenda items 4.a. through 4.d. would be summarized altogether. Mr. Deitrich noted that a representative for the applicant with regards to this agenda item was available online to answer any questions. a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 63.56 acres, located along the northern boundary of FM 565 Road approximately 1,000 feet east of FM 1405 Road, addressed as 1411 S. FM 565, and situated in the R.A. Porter Survey, Abstract 205 and the B.B.B. & C. Railroad Survey, Abstract 61, Chambers County, Texas. b. Consider an ordinance for the newly annexed properties generally described as approximately 63.56 acres, located along the northern boundary of FM 565 Road approximately 1,000 feet east of FM 1405 Road, addressed as 1411 S. FM 565, and situated in the R.A. Porter Survey, Abstract 205 and the B.B.B. & C. Railroad Survey, Abstract 61, Chambers County, Texas, to be placed into Council District No. 5. Mr. Dietrich presented a summary of the agenda items and stated that the 63.56 acres, known as the Jindal Saw site, would be added to the property owner's current site which employed a pipe yard and administrative buildings. Additionally, he noted that there was an additional building being constructed on the property that was already in the city limits and that the property would be zoned as OR with a request to be rezoned to Light Industrial (LI), which is in line with the FLUP. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving Ordinance No. 14,346, regarding agenda item 4.a. and Ordinance No. 14,373, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved City Council Regular Meeting Minutes April 09, 2020 Page 6 of 18 ORDINANCE NO. 141346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 63.56 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF FM 565 ROAD APPROXIMATELY 1,000 FEET EAST OF FM 1405 ROAD, ADDRESSED AS 1411 S. FM 565, AND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT 205 AND THE B.B.B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 141373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 63.56 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF FM 565 ROAD APPROXIMATELY 11,000 FEET EAST OF FM 1405 ROAD, ADDRESSED AS 1411 S. FM 565, AND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT 205 AND THE B.B.B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 63.56 acres addressed as 1411 FM 565, and legally described as 205 2C-1 R A Porter and 61 Tract 22A-1 B B B and C RR Co, Chambers County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. At 6:51 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 63.56 acres addressed as 1411 FM 565, and legally described as 205 2C-1 R A Porter and 61 Tract 22A-1 B B B and C RR Co, Chambers County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. City Clerk Brysch noted that Mr. Jerry Gainer, a representative of Bush and Hutchison was available to answer questions. With there being no one registered to speak regarding agenda item 4.c., Mayor Capetillo closed the public hearing at 6:51 P.M. d. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 63.56 acres addressed as 1411 FM 565, and legally described as 205 City Council Regular Meeting Minutes April 09, 2020 Page 7of18 2C-1 R A Porter and 61 Tract 22A-1 B B B and C RR Co, Chambers County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 14,374, regarding agenda 4.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 14,374 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 63.56 ACRES ADDRESSED AS 1411 FM 565, AND LEGALLY DESCRIBED AS 205 2C-1 R A PORTER AND 61 TRACT 22A-1 B B B AND C RR CO, CHAMBERS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) 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. PROPOSED REZONING OF APPROXIMATELY 4.86 ACRES OF LAND Mayor Capetillo stated that agenda items 5.a. through 5.d would also be summarized altogether. a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 4.86 acres located approximately 285 feet west of West Road and 670 feet north of West Cedar Bayou Lynchburg Road and situated in the Ed. T. Schaffer (W.C. & R.R.) Survey, Abstract No. 1224, Harris County, Texas. b. Consider an ordinance for the newly annexed properties generally described as approximately 4.86 acres, located approximately 285 feet west of West Road and 670 feet north of West Cedar Bayou Lynchburg Road and situated in the Ed. T. Schaffer (W.C. & R.R.) Survey, Abstract No. 1224, Harris County, Texas, to be placed into Council District No. 4. City Council Regular Meeting Minutes April 09, 2020 Page 8 of 18 Mr. Deitrich presented a summary of the agenda items and stated that Ordinance No. 14,344 was the second and final reading of the proposed voluntary annexation of approximately 4.86 acres regarding the agenda items. He noted that there was a development agreement regarding this property which expired. He further stated that the property would be zoned OR, but the owner requested for it to be rezoned to GC, which is line with the surroundings properties. Additionally, Mr. Deitrich noted that the property owner also owns the property adjacent to the east of it and plans to re -plat the property totally to have access off of West Road with the majority of the property being for retention purposes. A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving Ordinance No. 14,344, regarding agenda item 5.a. and Ordinance No. 14,375, regarding agenda item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 14,344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 4.86 ACRES, LOCATED APPROXIMATELY 285 FEET WEST OF WEST ROAD AND 670 FEET NORTH OF WEST CEDAR BAYOU LYNCHBURG ROAD AND SITUATED IN THE ED. T. SCHAFFER (W.C. & R.R.) SURVEY, ABSTRACT NO. 1224, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ORDINANCE NO. 14,375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 4.86 ACRES, LOCATED APPROXIMATELY 285 FEET WEST OF WEST ROAD AND 670 FEET NORTH OF WEST CEDAR BAYOU LYNCHBURG ROAD AND SITUATED IN THE ED. T. SCHAFFER (W.C. & R.R.) SURVEY, ABSTRACT NO. 1224, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS City Council Regular Meeting Minutes April 09, 2020 Page 9of18 CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 4.86 acres unaddressed property, and legally described as Tract 11A Block 21 & Tracts 16A thru 21A & 22B thru 25B Block 7 East End Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District (OR) to a General Commercial (GC) Zoning District. At 6:55 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 4.86 acres unaddressed property, and legally described as Tract 11 A Block 21 & Tracts 16A thru 21 A & 22B thru 25B Block 7 East End Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District (OR) to a General Commercial (GC) Zoning District. With there being no one registered to speak regarding agenda item 5.c., Mayor Capetillo closed the public hearing at 6:55 P.M. d. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 4.86 acres unaddressed property, and legally described as Tract 11A Block 21 & Tracts 16A thru 21A & 22B thru 25B Block 7 East End Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 14,376, regarding agenda item 5.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 14,376 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 4.86 ACRES UNADDRESSED PROPERTY, AND LEGALLY DESCRIBED AS TRACT 11 A BLOCK 21 & TRACTS 16A THRU 21A & 22B THRU 25B BLOCK 7 EAST END HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN City Council Regular Meeting Minutes April 09, 2020 Page 10 of 18 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. At the request of Council Member Presley the agenda was taken out of order to consider agenda items Ta. and 7.b. 7. CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO.3 a. Consider an ordinance authorizing a Development Agreement with Americus Holdings, Ltd., for property to be located in Chambers County Municipal Utility District No. 3. Assistant City Manager, Nick Woolery presented the agenda item and stated that Americus Holdings, Ltd., provided a presentation to Council for a project to be located in Municipal Utility District (MUD) No. 3. He stated that staff worked with the developer and associated partners to create a development agreement that would manifest a high quality project. He further noted that the council members reviewed the proposed development agreement for the first time during this discussion and then extended time for the developer to provide the council members with aspects of the project. Mr. Andrew Schatte, Principal of Americus Holdings, Ltd., noted that this meeting was the final opportunity for the council to vote on the project and that one of the major changes since the last presentation was that Americus would be the master developer for the project. He stated that Americus was a private real estate company founded by him and that he's been developing real estate for approximately 40 years. Additionally, he noted that Americus does governmental projects, public/private partnerships, military housing, and master plan communities. Mr. Schatte stated that the project would be 222 acres made up of 33 acres of commercial, 22.2 acres of flex space, and 127 acres of single family dwelling with 532 lots of which the minimum size would be 55 feet and the debt 120 feet. He stated that they did a market study with a third party independent to assist with determining what could be an economic viable development on the property. He further stated that before a decision was made, input was considered from the following: Mr. Poole, Superintendent of the Barbers Hill School District; Billy Combs, the County Commissioner; the Texas Department of Public Safety; Sheriff Brian Hawthorne; City of Baytown staff, and the property's neighboring land owners. Mr. Schatte stated that they would be selling the home sites to D.R. Horton and would possibly bring in another home builder to design and build homes to the same standards. He noted that there was approximately 56 acres of space made up of commercial and potentially multi -family, in which there was not yet a plan for, but noted that the development would be at the highest standard. He further noted that their recommendation for such space would be medical, large grocery, retail, commercial, and multi- family. City Council Regular Meeting Minutes April 09, 2020 Page 11 of 18 Mr. Schatte stated that changes made which addressed Council's comments from the previous meeting included to have a minimum lot size of 55'; alleviate on street parking through setbacks whereas, the width would be a minimum of 20' at the street and 30' wide at the right-of- way; increase driveway width; convert some through streets to cul-da-sacs; and improvements to the park. He stated that the Needlepoint Boulevard would be 150 feet wide with landscaping and sidewalks on both sides. Mr. Schatte stated that there would be monuments with water features and heavy landscaping, as well as, monument markers. He further stated that the development phasing plan would be as follows: Phase 1-108 lots; Phase 2-116 lots; Phase 3-13 5 lots; and Phase 4-173 lots. During further discussion, Mr. Woolery summarized the components of the development agreement which included the following: 1) Strategic Partnership Agreement • Waives full purpose annexation if approved by the MUD Board by September 30, 2020 • Includes Water Supply Agreement • City receipt of sales tax within the MUD 2) Plan of Development 3) Density, Land Use and Development Standards 4) Platting and Subdivision Design Standards 5) Development Obligations Mr. Woolery stated that some of the key points in the agreement included the following: 1) The requirement to install a public (City) waterline to and through the property from the current end point at SH 99 and Kilgore Parkway; 2) 4-lane boulevard (Old Needlepoint Road) will be constructed in two phases: Phase I - north side and Phase II on south side; 3) 8 foot precast fencing installed along the perimeter of all single-family lots bordering SH 99, Old Needlepoint Road, and any commercial or multi -family tracts; 4) Uses outside of the single-family sections limited to the following; o Grocery Store (minimum 40,000 sq. ft.) • Class A Medical • Class A Office • Class A Retail • Car Wash • Class A Multi -family (restricted to 500 units) 5)100% masonry required on three (3) sides of single-family homes for the first floor; 6) Floor plans and exterior elevations required to be complimentary in architectural design and materials, and compatible with neighboring structures; City Council Regular Meeting Minutes April 09, 2020 Page 12 of 18 7) Enhanced landscaping along SH 99, including a 35 foot buffer where single- family residential is adjacent to SH 99; 8) Entry monument will be designed in conjunction with the City and constructed during Phase 1; 9) Local street width will be designed to meet the City's standards at the time of development, but currently was 28 feet; 10) Additional roadway improvements will be determined by the Traffic Impact Analysis completed prior to Phase 1; and 11) Emergency Services Agreement is not included in the current Development Agreement. Mr. Woolery noted that the street standard width was already in the process of being amended and stated that the current agreement did not contemplate such change. He stated that there was potential for future development beyond Phase 4, therefore, the 28 feet width design would not be good for winding streets. Mr. Woolery stated that staff requested 100% masonry on the front of two-story homes as well, but it was not agreed upon and that the emergency services agreement was not included in the agreement, as it would be considered with the other service agreements in Chambers County; therefore, services for this project would have to be negotiated. Mayor Capetillo inquired if the utilities would be underground and it was confirmed that they would be. He further noted that he accepted the project with the expected negotiations. Council Member Presley noted that he was in favor of the project. Council Member Johnson inquired if the developer would be required to the updated street width if the noted street standard mentioned by Mr. Woolery was amended prior to the start of construction and inquired of the timeframe that such standard would be amended. Mr. Woolery stated that the developer would meet the standards according to the agreement at the time plans are submitted and noted that the amendments would probably be brought before Council before then. Council Member Johnson further requested the definition of a car wash. Mrs. Foster stated that the developer requested for car wash to be included and noted that there was no definition of car wash in the code, so staff wanted to be certain that anything in the agreement that was not identified in the existing code would be defined in the proposed agreement. She further stated that the definition of car wash was as follows: refers to a facility used to clean the exterior and in some cases the interior of vehicles, non-commercial vehicles, and can be self -serve, fully automated, full service with attendants who wash the vehicles, and does not include vehicle repair. Additionally, she noted that the meaning was that a car wash would be similar to the modern type car wash facilities, such as Wash Boys. Council Member Hoskins noted that only Class A luxury apartments should be developed, if necessary. City Council Regular Meeting Minutes April 09, 2020 Page 13 of 18 Council Member Himsel requested that the Baytown name be identified with the development for awareness purposes. Council Member Alvarado inquired of the type of parking that would be designed in the event an apartment complex was to be developed. Mayor Capetillo addressed the inquiry and stated that Mr. Schatte did not have the specifics for an apartment complex as it was not priority for the development, but further recommended to Mr. Schatte to make sure that adequate parking be designed in the event such development is necessary. Mrs. Foster also noted that with most of the multi -family, in the open area there's fire lanes where parking is prohibited and the code accounts for parking for a unit, as well as, visitor parking. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 14,377, regarding agenda item Ta. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 141377 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 DEVELOPMENT AGREEMENT WITH AMERICUS HOLDINGS, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting consent to the creation of the Chambers County Municipal Utility District No. 3 and the annexation of additional 36.17 acres into the District. Mr. Woolery noted that being that agenda item 7.a. was approved and assuming the election passes in May, the Chambers County MUD No. 3 would be created. He further noted for Council to make sure that everything in the MUD met such standards regarding agenda item Ta. Mayor Capetillo summarized the agenda item and stated that in the summer of year 2018 or early in January 2019, the Council approved to move forward with the submission to the legislature to authorize the creation of the MUD with the next step being for Council to approve the creation of such MUD, which was done in agenda item 7.a. Mayor Capetillo strongly encouraged City Council Regular Meeting Minutes April 09, 2020 Page 14 of 18 that once there was adequate private residential owners that the majority of the board members be residents that actual own the lots in this development. Council Member Hoskins inquired if there could be amendments to the MUD during the current meeting to guarantee that the residents of the development be on the board. Assistant Attorney, Karen Horner, stated that she was not aware if there could be an amendment to the MUD and further deterred further clarity from Attorney Bryan Yeates. Mayor Capetillo further requested that Attorney Bryan Yeates address Council Member Hoskins inquiry regarding the legality of amendments after a MUD is created. Bryan Yeates, an attorney for Schwart, Page, and Harding L.L.P., stated that Texas law provides that as soon as someone is a resident of a board they are eligible to run for office at the next uniform election, so when the first section of homes are sold, the residents that move in are qualified to be directors and serve on the board; therefore, they would have to file an application for a place on the board. He further stated that the MUD could not be amended during the current meeting as it was a statutory requirement that could not be superseded by a city consent resolution. Additionally, he noted that the positions were public offices in which there could not be an override of the terms and qualifications. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Resolution No. 2646, regarding agenda item 7.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent) Approved RESOLUTION NO.2646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE CREATION OF A POLITICAL SUBDIVISION TO BE KNOWN AS CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 31 ONE PURPOSE OF WHICH WILL BE TO SUPPLY FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO FURNISH SANITARY SEWER SERVICES, ROADWAYS, DETENTION, OR DRAINAGE, WITHIN ITS BOUNDARIES, AND CONSISTING OF 187.114 ACRES OF LAND SITUATED IN THE CHAMBERS COUNTY SCHOOL LAND SURVEY, ABSTRACT 321, CHAMBERS COUNTY, TEXAS; GRANTING CONSENT TO THE INCLUSION OF 36.17 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF City Council Regular Meeting Minutes April 09, 2020 Page 15 of 18 BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. At 7:57 P.M., Council Member Presley left the council meeting. 6. PROPOSED AMENDMENTS TO CHAPTER 18 AND CHAPTER 126 OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS a. Conduct a public hearing regarding the proposed text amendments to Chapter 18 "Building and Building Regulations" and Chapter 126 "Subdivisions" of the Code of Ordinances, Baytown, Texas, to amend the streetscape, vegetative buffers, and landscape requirements including, but not limited to, definitions, exhibits and required tree species in the City of Baytown. At 7:58 P.M., Mayor Capetillo opened and conducted the public hearing regarding the proposed text amendments to Chapter 18 "Building and Building Regulations" and Chapter 126 "Subdivisions" of the Code of Ordinances, Baytown, Texas, to amend the streetscape, vegetative buffers, and landscape requirements including, but not limited to, definitions, exhibits and required tree species in the City of Baytown. Mr. Dietrich summarized the agenda item and stated that the proposed amendments addressed a key initiative to beautify major corridors throughout the City. He stated that the proposed amendments change the streetscape requirements, definitions and add exhibits to the ordinances in order to enhance planting requirements along some of the busiest and most visible areas of the City. He stated that the following changes included: with regards to the local and collectors, that it remains with a single tree at every 30 feet with eight (8) shrubs in between; with regards to arterials, an additional six (6) feet requirement was added totaling to 12 feet with large trees planted 30 feet apart with eight (8) shrubs in between; and along the freeway adding a buffer of small tree, large tree, and shrubs. He further stated that the amendments also address the following: 1. increased streetscape and landscape along the freeway and frontage roads; 2. a list of tree species that are eligible for the designated street; 3. adjustment of definitions in both Chapter 18 and Chapter 126 for further clarity; 4. flexibility of planting schemes; and 5. additional figures, diagrams and easy -to -read planting tables for the readers of the ordinance. Mr. Dietrich stated that the amendment further included additional exceptions that considered areas, such as, the ACE District and Market Street and also included adding additional vegetative buffers to light and heavy industrial areas. With there being no one registered to speak regarding agenda item 6.a., Mayor Capetillo closed the public hearing at 8:06 P.M. City Council Regular Meeting Minutes April 09, 2020 Page 16 of 18 b. Consider an ordinance amending to Chapter 18 "Building and Building Regulations" and Chapter 126 "Subdivisions" of the Code of Ordinances, Baytown, Texas, to amend the streetscape, vegetative buffers, and landscaping including, but not limited to, definitions, exhibits and required tree species in the City of Baytown. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins approving Ordinance No. 14,378, regarding agenda item 6.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Not Present for Vote) Approved ORDINANCE NO. 147378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDING AND BUILDING REGULATIONS," ARTICLE XIV "LANDSCAPING," SECTION 18-1202 "DEFINITIONS" TO ADD THE DEFINITION OF "LARGE TREE," AND REVISE THE DEFINITIONS OF "DIRECTOR" AND "SMALL TREE"; SECTION 18-1206 "STREETSCAPE"; SECTION 18-1206.5 "VEGETATIVE AND TRANSITION BUFFER ZONES," SUBSECTION (D) "EXEMPTION"; SECTION 18-1206.5 "VEGETATIVE AND TRANSITION BUFFER ZONES," SUBSECTION (E) "LANDSCAPING REQUIREMENTS," SUBSECTION (1) "VEGETATIVE BUFFER ZONE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE CURRENT STREETSCAPE, VEGETATIVE BUFFERS, AND LANDSCAPE REQUIREMENTS; AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN GENERAL," SECTION 126-1 "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME AND REVISE THE TERMS AND DEFINITIONS ASSOCIATED WITH "INTERSTATE OR EXPRESSWAY" AND "PRINCIPAL ARTERIAL" ; 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. City Council Regular Meeting Minutes April 09, 2020 Page 17 of 18 8. CONSENT A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Laura Alvarado approving consent agenda items 8.a. and 8.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Heather Betancourth (Absent), Council Member Chris Presley (Not Present for Vote) Approved a. Consider a resolution granting the petition of Charles W. Caldwell, for the proposed annexation of approximately 3.01 acres, located approximately 557.88 feet east of Thompson Road, addressed as 6610 Thompson Road, and situated in the William Hilbus Survey, Abstract No. 336 and being out of and a part of lot 21 of the Elena Fruit and Cotton Farms, Unit "D", Harris County, Texas. RESOLUTION NO.2647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CHARLES W. CALDWELL FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 3.01 ACRES, LOCATED APPROXIMATELY 557.88 FEET EAST OF THOMPSON ROAD, ADDRESSED AS 6610 THOMPSON ROAD, AND SITUATED IN THE WILLIAM HILBUS SURVEY, ABSTRACT NO. 336 AND BEING OUT OF AND A PART OF LOT 21 OF THE ELENA FRUIT AND COTTON FARMS, UNIT "D", HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution repealing Resolution No. 2537, which approved a budget for the Baytown Convention Center Project, and approving an updated budget for the Baytown Hotel Convention Center Project. RESOLUTION NO.2648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 2537, WHICH APPROVED A BUDGET FOR THE BAYTOWN HOTEL AND CONVENTION CENTER PROJECT; APPROVING AN UPDATED BUDGET FOR THE BAYTOWN City Council Regular Meeting Minutes April 09, 2020 Page 18 of 18 HOTEL CONVENTION CENTER PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT City Manager Davis acknowledged all staff and council members for their hard work during the COVID -19 disaster. 10. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the April 09, 2020, City Council Regular Meeting at 8:12 P.M. Leticia Brysch, City Clerk 6 e'N t City of Baytown i °co 9TF OE �t��