Loading...
2008 10 09 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 9, 2008 The City Council of the City of Baytown, Texas met in a regular meeting on October 9, 2008 at 6:30 P.M. in the Council Chamber of the City of Baytown with the following in attendance: Lena Yepez Council Member Lynn Caskey Council Member Brandon Capetillo Council Member Terry Sain Council Member David McCartney Council Member Scott Sheley Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Bob Leiper Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member David McCartney. 6:30 P.M. Mayor DonCarlos convened the October 9, 2008 regular meeting with a quorum present. 1. MINUTES a. Considered approval of the minutes from the September 16, 2008 and September 22, 2008 special City Council meetings. Motion was made by Council Member Caskey, seconded by Council Member Capetillo approving the minutes from the September 16 and September 22, 2008 special City Council meetings. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. Page 2 of 23 Minutes of the October 9, 2008 City Council Meeting 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Recognition: Presentation of the Youth of the Month Award - Parks and Recreation. Presentation of the Youth of the Month Award to Jessica Bitterly, a senior at Robert E. Lee High School. Jessica Bitterly is a senior at Robert E. Lee High School. Ms. Bitterly is currently ranked in the top ten percent of her class as an AP student athlete. She stays active in her school with participation on the varsity cross country where she has served as captain, track, and varsity soccer. She has not only been an asset to the Ganders in an athletic capacity. She has also been involved with the Spanish club and historian for the Key Club. She has been voted Student of the Month and also been voted to the Homecoming Court by her peers. Outside of the school, Ms. Bitterly stays active as a volunteer with her church, visits nursing homes, donates food and clothing to the Bay Area Homeless Shelter, UNICEF, Good Fellows, Relay for Life, Special Olympics and helping to keep Lee Drive trash free. She has also received her Red Cross and YMCA certifications as a lifeguard and swim instructor. Her spare time is spent enjoying the outdoors by hunting, fishing, boating and horseback riding. Jessica is an asset to our City and we honor her for her outstanding achievements and service to this community. We congratulate Jessica on a job well done! b. Citizen Communication - Mr. Wajih Rekik. Mr. Wajih Rekik was not in attendance to address the City Council concerning the Zoning Ordinance impacting his place of business. c. Citizens Communication - Mr. Ken Williamson. Mr. Ken Williamson addressed the City Council concerning the amount of money being spent to build a special park for dogs. d. Recognition: Employee of the Month (August) Award - Human Resources Department. Recognized the employee of the month: Matt Bailey. e. Recognition: Years of Service Awards - Human Resources Department. Recognized the employees for their dedicated years of service to the City of Baytown: Kim Coutee, five years; Page 3 of 23 Minutes of the October 9, 2008 City Council Meeting Ronda Rivon, ten years; Karen Horner, Lisa Coker, Paul Munoz, and Tracey Lindsey for 15 years; Susan Williams, 30 years. 3. PUBLIC HEARINGS The first Public Hearing was Agenda Item 3b. a. Public Hearing: 6:45 P.M. - Second Public Hearing to Increase Total Tax Revenues - Finance. City Manager Brumback summarized the agenda item. Conducted a public hearing at 6:45 P.M. on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 4.4 percent. Since the proposed tax rate ($0.78703) exceeds the effective tax ($0.75384), we are required to hold two public hearings to afford adequate opportunity for proponents and opponents of the tax increase to present their views. Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of property in relation to the change in taxable value of all other property and the tax rate that is adopted. 6:45 P.M. Mayor DonCarlos opened the public hearing. There were no citizens signed up to speak. 6:48 P.M. Mayor DonCarlos closed the public hearing. The next public hearing was 3.d. b. Public Hearing: Restated and First Amended Project Plan and Reinvestment Zone Financing Plan for TIRZ No. 1. Conducted a public hearing on Restated and First Amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number One, City of Baytown. Deputy City Manager Leiper summarized the agenda item. On July 24, 2008, the City Council acted to approve the Restated and First Amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number One, City of Baytown (the "Plan"). However, prior to such approval, the City Council is required to hold a public hearing pursuant to the Tax Increment Financing Act. As such, this is the requisite public hearing, which was advertised in The Houston Chronicle on October 2, 2008. An item has been placed on this agenda for Council to ratify Ordinance No. 10,923 passed by the City Council on July 24, 2008, and to adopt the Page 4 of 23 Minutes of the October 9, 2008 City Council Meeting Plan. At this hearing interested persons will be given the opportunity to speak for or against the Plan, as amended. 6:42 P.M. Mayor DonCarlos opened the public hearing. There were no citizens signed up to speak. 6:44 P.M. Mayor DonCarlos closed the public hearing. The next public hearing was 3.c. c. Public Hearing: Amendments Chapter 126 Subdivision Fire Lane Easements - Planning Department. Conducted a public hearing regarding amending Chapter 126 "Subdivision" of the City of Baytown Code of Ordinance, by amending Section 126-382 "Plat Required"; and amending Section 126-383 "Plat contents, preparation and filing" by allowing easements for the dedication of fire lanes in lieu of filing a fire lane plat. City Manager Brumback summarized the agenda item. This proposed amendment to Chapter 126 "Subdivision" of the City of Baytown Code of Ordinance is to allow an easement be filed in lieu of filing a plat to dedicate a fire lane. The current ordinance requires filing a plat in order to dedicate fire lanes. In responding to the request of local developers staff proposes an amendment to Chapter 126 which will allow easements to be recorded in lieu of filing a plat. This proposed revision will shorten the period for dedicating a fire lane. The Planning and Zoning Commission will meet on October 1, 2008 to consider this amendment. 6:44 P.M. Mayor DonCarlos opened the public hearing. There were no citizens signed up to speak. 6:46 P.M. Mayor DonCarlos closed the public hearing. The next public hearing was agenda item 3.a. d. Public Hearing: Chapter 130 Zoning Text Amendment UN District - Planning Department. Conducted a public hearing regarding amending Chapter 130 “Zoning”, by amending Section 130-472 "Permitted Uses" by adding new allowed uses in UN District; by amending Section 130-571, "Use Table" by adding a new allowed use in UN District; and by amending Section 130-572 “Supplementary Use Standards” of the City of Baytown Code of Ordinances. Page 5 of 23 Minutes of the October 9, 2008 City Council Meeting City Manager Brumback summarized the agenda item. This proposed amendment to Chapter 130 “Zoning” of the Code of Ordinances, Baytown, Texas, is to provide for restaurants and eating establishments no more than 4000 square feet with direct access to an arterial street to be located in a UN district. Drive-in facilities are not allowed. The Planning and Zoning Commission will meet on October 1 to consider this amendment. 6:49 P.M. Mayor DonCarlos opened the public hearing. Mr. Harley Ponder, 115 Lazy Lane, Baytown, signed up to speak. Mr. Shawn McDonald, 11 E. Sterling, Baytown, signed up to speak. Mr. Mitchell Pearce, 4704 RippleCreek, Baytown, signed up to speak. 7:00 P.M. Mayor DonCarlos closed the public hearing. e. Public Hearing: Zoning Amendment 3606 W Baker - Planning Department. Conducted a public hearing regarding the application of Sharon Locher Rogers for a zoning amendment for property legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. City Manager Brumback summarized the agenda item and recommended denial. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain tracts of land located on the north side of West Baker Road, east of Village Lane, legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. The Planning and Zoning Commission met on August 20, 2008 and voted unanimously to recommend the approval of the zoning amendment. 7:12 P.M. Mayor DonCarlos opened the public hearing. Mr. Mitchell Pearce, 4704 Ripple Creek, Baytown, signed up to speak. 7:16 P.M. Mayor DonCarlos closed the public hearing. f. Public Hearing: Zoning Amendment 101 South Robert Lanier - Planning Department. Conducted a public hearing regarding the application of J. Michael Boyd to amend the official zoning map of the City of Baytown concerning certain tracts of land located at 101 South Robert Lanier, legally described at TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. Page 6 of 23 Minutes of the October 9, 2008 City Council Meeting City Manager Brumback summarized the agenda item. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain tracts of land located at 101 South Robert Lanier, legally described as TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. The Planning and Zoning Commission met on August 20, 2008 and voted unanimously to recommend the approval of the zoning amendment. 7:12 P.M. Mayor DonCarlos opened the public hearing. Mr. Mike Boyd, 2200 W. Loop S 420, Houston, signed up to speak. 7:16 P.M. Mayor DonCarlos closed the public hearing. g. Public Hearing: 0 Decker Drive - Planning Department. Conducted a public hearing regarding the application of Claire Sinclair Properties for a zoning amendment for property legally described as TR 9E, Abstract 840, H. Whiting Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. City Manager Brumback summarized the agenda item. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain tracts of land located on Decker Drive at Wade Road, legally described as TR 9E, Abstract 840, H. Whiting Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. This proposed zoning amendment to light industrial is to support an industrial warehouse facility. The Planning and Zoning Commission met on October 1, 2008 and voted unanimously to recommend the approval of the zoning amendment. 7:16 P.M. Mayor DonCarlos opened the public hearing. Ms. Claire Sinclair signed up to speak. 7:22 P.M. Mayor DonCarlos closed the public hearing. 4. PROPOSED ORDINANCES a. Ordinance 10,982 Ratifying Ordinance 10, 923 and Adopting the Plan for TIRZ No. 1. Ordinance 10,982 ratified Ordinance 10,923, adopted by the City Council on July 24, 2008, and adopting the Restated and First Amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number One, City of Baytown. Deputy City Manager Bob Leiper summarized the agenda item. Page 7 of 23 Minutes of the October 9, 2008 City Council Meeting Ordinance 10,982 ratified Ordinance 10,923, adopted by the City Council on July 24, 2008, and adopts the Restated and First Amended Project Plan and Reinvestment Zone Financing Plan (the "Plan") for Reinvestment Zone Number One, City of Baytown. The Reinvestment Zone Number One, City of Baytown, was created by City Council on August 1, 2001 and enlarged on November 20, 1991, and January 22, 2004. The original Project Plan and Financing Plan was adopted by City Council on December 13, 2001. With the County's recent agreement to participate in the Zone, the removal of mall project costs and addition of the John Martin project, it is necessary to update and amend the Zone Project Plan and Financing Plan. The TIRZ Consultant has changed the Plan to reflect the current and proposed boundaries and projects of the Zone. The Redevelopment Authority Board, the TIRZ Board, and the Harris County Commissioners Court have approved the revised Plan. The City Council has held the requisite public hearing and now can act to ratify Ordinance 10,923 and adopt the Plan. Motion was made by Council Member McCartney, seconded by Council Member Capetillo approving Ordinance 10,982. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 10,982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING CITY OF BAYTOWN ORDINANCE NO. 10,923 PASSED BY THE CITY COUNCIL ON JULY 24, 2008; APPROVING THE RESTATED AND FIRST AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLANS; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Second and Final Reading N. Main Annexation - Planning. Ordinance 10,942 annexed property currently within the extraterritorial jurisdiction of the City of Baytown and being property along N. Main Street from the Baytown Fairgrounds to north of Wallisville Road and then crossing N. Main Street to encompass the school property (Goose Creek Memorial High School), in Harris County, Texas. Page 8 of 23 Minutes of the October 9, 2008 City Council Meeting City Manager Brumback summarized the agenda item. This ordinance annexed property currently within the extraterritorial jurisdiction of the City of Baytown and being property along N. Main Street from the Baytown Fairgrounds to north of Wallisville Road and then crossing N. Main Street to encompass the school property (Goose Creek Memorial High School). This is the second and final reading of this ordinance. The annexation is by petition of the property owners and facilitates Memorial High School coming into the city limits. The first and second public hearings were held on July 24, 2008. Motion was made by Council Member Sheley, seconded by Council Member Capetillo approving the second reading of Ordinance 10,942. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 10,942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF (I) A PORTION OF TRACT 67, HARRIS COUNTY, TEXAS, (II) A PORTION OF TRACT 8D, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (III) A PORTION OF TRACT 8C, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (IV) A PORTION OF TRACT 8C-2, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS (V) A PORTION OF TRACT 8F, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (VI) A PORTION OF TRACT 8, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS ELLIS SURVEY, HARRIS COUNTY, TEXAS, AND (VII) A PORTION OF TRACT 38A, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, AND (VIII) A PORTION OF TRACT 57A, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOINT THE PRESENT BOUNDASRY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. c. N. Main Annexation - Placing in a Council District - Planning. Ordinance 10,983 placed the property annexed into the City of Baytown, specifically property along N. Main Street from the Baytown Fairgrounds to north of Wallisville Page 9 of 23 Minutes of the October 9, 2008 City Council Meeting Road and then crossing N. Main Street to encompass the school property (Goose Creek Memorial High School), in Council District 4. City Manager Brumback summarized the agenda item. The purpose of this item is to place the property annexed into the City of Baytown into Council District No. 4. Motion was made by Council Member Sain, seconded by Council Member McCartney approving Ordinance 10,983. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 10,983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING (I) A PORTION OF TRACT 67 OF THE G. ELLIS SURVEY, ABSTRACT NO. 21, HARRIS COUNTY, TEXAS, (II) A PORTION OF TRACT 8D, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (III) A PORTION OF TRACT 8C, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (III) A PORTION OF TRACT 8C, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (IV) A PORTION OF TRACT 8C-2, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY TEXAS, (V) A PORTION OF TRACT 8F, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (VI) A PORTION OF TRACT 8, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (VII) A PORTION OF TRACT 38A, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, AND (VIII) A PORTION OF TRACT 57A, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, TOCOUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Chapter 126 Subdivision Fire Lane Easements Amendments - Planning. Ordinance 10,984 amended Chapter 126 "Subdivision" of the City of Baytown Code of Ordinances, by amending Section 126-382 "Plat Required"; and amending Section 126- Page 10 of 23 Minutes of the October 9, 2008 City Council Meeting 383 "Plat contents, preparation and filing" by adding easements to dedicated fire lanes in lieu of filing a fire lane plat. City Manager Brumback summarized the agenda item. This proposed amendment to Chapter 126 "Subdivision" of the City of Baytown Code of Ordinance is to allow an easement be filed in lieu of filing a plat to dedicate a fire lane easement. The current ordinance requires filing a plat in order to dedicate fire lanes. In responding to the request of local developers staff proposes an amendment to Chapter 126 which will allow easements to be recorded in lieu of filing a plat. This proposed revision will shorten the period for dedicating a fire lane. All reviewing city departments in the Development Review Committee (DRC) process support this amendment. The Planning and Zoning Commission met on October 1, 2008 and voted unanimously to recommend this ordinance. Motion was made by Council Member McCartney, seconded by Council Member Capetillo approving Ordinance 10,984. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 10,984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 “SUBDIVISIONS,” ARTICLE III “DEVELOPMENTS,” DIVISION 3 “COMMERCIAL DEVELOPMENTS,” SECTION 126-382 “PLAT REQUIRED” AND SECTION 126-383 “CONTENTS, PREPARATION AND FILING” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AUTHORIZE THE DEDICATION OF A FIRE LANE EASEMENT VIA A SEPARATE INSTRUMENT RATHER THAN SOLELY ON A PLAT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. e. Chapter 130 Zoning Text Amendment UN District - Planning. Ordinance 10,985 amended Chapter 130 “Zoning”, by amending Section 130-1 "Definitions" by adding a definition of "restaurant"; by amending Section 130-472 "Permitted Uses" by adding a new allowed use in UN District; by amending Section 130- Page 11 of 23 Minutes of the October 9, 2008 City Council Meeting 571, "Use Table" by adding a new allowed use in UN District; and by amending Section 130-572 “Supplementary Use Standards” of the City of Baytown Code of Ordinances. City Manager Brumback summarized the agenda item. This proposed amendment to Chapter 130 “Zoning” of the Code of Ordinances, Baytown, Texas, provides for restaurants of no more than 4000 square feet with direct access to an arterial street to be located in a UN district. It does not allow drive-in facilities. Many property owners have requested to place restaurants in the UN zoning category over the years. This responds to those many requests by allowing neighborhood-sized restaurants in the UN zoning district and protects neighborhoods by requiring access from an arterial street. The Planning and Zoning Commission met on October 1, 2008, and tabled this item directing staff to bring the ordinance back with additional performance standards, like sound barriers. There was also discussion concerning allowing drive through restaurants in the urban neighborhood zoning category and restaurants considerably larger than 4000 square feet. Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving Ordinance 10,985. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, Sheley and Mayor DonCarlos. Nays: Council Member McCartney. The motion carried. ORDINANCE 10,985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 130 “ZONING,” ARTICLE 9 “IN GENERAL,” SECTION 130-1 “DEFINITIONS”; ARTICLE VI “DISTRICT REGULATIONS,” DIVISION 3 “UN URBAN NEIGHBORHOOD DISTRICT,” SECTION 130-472 ‘PERMITTED USES”; ARTICLE VII “SUPPLEMENTARY DISTRICT REGULATIONS”, DIVISION 2 “USES,” SECTION 130-571 “USE TABLE” AND SECTION 130-572 “SUPPLEMENTARY USE STANDARDS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW CERTAIN RESTAURANTS TO BE LOCATED WITHIN AN UN URBAN NEIGHBORHOOD DISTRICT; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. f. Zoning Amendment 3606 W Baker - Planning Department. Page 12 of 23 Minutes of the October 9, 2008 City Council Meeting Considered an ordinance amending the official zoning map of the City of Baytown concerning a certain tract of land located on the north side of West Baker Road, east of Village Lane, legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. The proposed amendment to the official zoning map of the City of Baytown concerning a certain tract of land located on the north side of West Baker Road, east of Village Lane, legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. The City Manager summarized the agenda item. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain tracts of land located on the north side of West Baker Road, east of Village Lane, legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. The Planning and Zoning Commission met on August 20, 2008 and voted unanimously to recommend the approval of the zoning amendment. Motion was made by Council Member McCartney, seconded by Council Member Sheley approving an ordinance. The vote was as follows: Ayes: Council Members: McCartney and Sheley. Nays: Yepez, Caskey, Capetillo, Sain and Mayor DonCarlos. The motion failed. g. Nuisances within 5,000 of the corporate limits Considered a proposed ordinance amending Chapter 42 “Health and Sanitation," Article II “Public Health Hazards,” Division 2 “Public Health Nuisances,” Section 42-62 “Maintenance of premises,” subsection (b) of the Code of Ordinances, Baytown, Texas, to extend public nuisance regulations to all persons within 5,000 feet from the city limits. The proposed ordinance amends Chapter 42 “Health and Sanitation," Article II “Public Health Hazards,” Division 2 “Public Health Nuisances,” Section 42-62 “Maintenance of premises,” subsection (b) of the Code of Ordinances, Baytown, Texas to extend public nuisance regulations to all persons within 5,000 feet from the city limits. Section 217.042 of the Texas Local Government Code provides that the City may define and prohibit nuisances not only within the city limits but also within 5,000 outside the limits. Currently, Section 42-62 prohibits business from maintaining nuisances that would be detrimental to the health and safety of the citizens of the City within 5000 feet of the City limits. This proposed ordinance would prohibit all persons, not just businesses, from permitting or maintaining such a nuisance. City Manager Brumback summarized the agenda item. Page 13 of 23 Minutes of the October 9, 2008 City Council Meeting It was recommended by the City Council to table this item. h. Zoning Amendment 101 South Robert Lanier - Planning Department. Ordinance 10,986 amended the official zoning map of the City of Baytown concerning certain tracts of land located at 101 South Robert Lanier, legally described as TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. City Manager Brumback summarized the agenda item. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain tracts of land located at 101 South Robert Lanier, legally described as TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. This property contains an existing light industrial use. Applicant has requested a variance to some of the buffer requirements. Staff reported the outcome of the variance request at the Council meeting. Motion was made by Council Member McCartney, seconded by Council Member Sheley approving Ordinance 10,986. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 10,986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. SCOTT SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A MIXED USE ZONING DISTRICT TO A LIGHT INDUSTRIAL 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. i. Zoning Amendment 0 Decker Drive - Planning Department. Ordinance 10,987 amended the official zoning map of the City of Baytown concerning a certain tract of land located on Decker Drive at Wade Road, legally described as TR 9E, Page 14 of 23 Minutes of the October 9, 2008 City Council Meeting Abstract 840, H. Whiting Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. City Manager Brumback summarized the agenda item. The proposed amendment to the official zoning map of the City of Baytown is to reclassify certain tracts of land located on Decker Drive at Wade Road, legally described as TR 9E, Abstract 840, H. Whiting Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. This is a 7.297 acre tract surrounded by industrial uses. The criteria set forth in the code for supporting a rezoning at this location are met and are addressed in detail in the attached staff report. The Planning and Zoning Commission met on October 1, 2008, and voted unanimously to recommend approval of this ordinance. Ms. Claire Sinclair, 4518 Parkleaf, Baytown, signed up to speak. Motion was made by Council Member Sain, seconded by Council Member McCartney approving Ordinance 10,987. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. ORDINANCE 10,987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS TR 9E, ABSTRACT 840, H. WHITING SURVEY, BAYTOWN, HARRIS COUNTY, INDUSTRIAL 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. j. Terminating the Declaration of Local Disaster - Legal. Ordinance 10,988 terminated the Declaration of Local Disaster. City Manager summarized the agenda item. Ordinance 10,988 terminated the Declaration of Local Disaster, which was issued by the Mayor on September 10, 2008, and extended by the City Council on September 16, 2008. The Texas Disaster Act of 1975 provides that such state of local disaster may be Page 15 of 23 Minutes of the October 9, 2008 City Council Meeting terminated by the governing body of a political subdivision. This ordinance terminates the disaster declaration, as the conditions necessitating the proclamation of a local state of disaster have ceased to exist. Motion was made by Council Member Capetillo, seconded by Council Member Yepez approving Ordinance 10,988. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. Council Member Caskey had stepped away from the dais. The motion carried. ORDINANCE 10,988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TERMINATING THE DISASTER DECLARATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Fire Prevention Week Resolution for October 5-11, 2008 - Fire Department. Resolution 1947 declaring October 5-11, 2008 as Fire Prevention Week for the City of Baytown. Fire Chief Shon Blake summarized Resolution 1947. Resolution 1947 will declare that October 5-11, 2008, as Fire Prevention Week for the City of Baytown in an effort to assist the National Fire Protection Association in spreading Fire Safety Messages concerning home fires. This year's theme is "Fire Prevention Week; Prevent Home Fires." Motion was made by Council Member Sheley, seconded by Council Member Yepez approving Resolution 1947. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. Page 16 of 23 Minutes of the October 9, 2008 City Council Meeting RESOLUTION 1947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE NATIONAL FIRE PROTECTION ASSOCIATION’S EFFORTS TO SPREAD FIRE SAFETY MESSAGES; DECLARING THE WEEK OF OCTOBER 5-11, 2008, AS FIRE PREVENTION WEEK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Grant Application: Lowe's Charitable Foundation - Parks and Recreation. Resolution 1948 authorized the City to submit a grant application to Lowe's Charitable and Educational Foundation to purchase various amenities for a dog park. City Manager Brumback summarized the agenda item. Resolution 1948 authorizes the City to submit a grant application to the Lowe's Charitable and Educational Foundation (LCEF) to purchase various amenities for a future dog park. LCEF supports community improvement projects including, but not limited to: park/neighborhood beautification and enhancements; building, repair/renovation and landscaping enhancements of facilities serving the community; and community garden, park, or playground projects. If awarded, funding will be used by the Parks and Recreation Department to purchase shade structures, ADA-compliant drinking fountains with dog bubblers, park benches and signage for a bark park. LCEF requires no matching funds. Motion was made by Council Member Yepez, seconded by Council Member Sheley approving Resolution 1948. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. RESOLUTION 1948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE LOWE’S CHARITABLE AND EDUCATIONAL FOUNDATION FOR THE PURPOSE OF PURCHASING VARIOUS AMENITIES FOR A DOG PARK; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM Page 17 of 23 Minutes of the October 9, 2008 City Council Meeting ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Resolution 1949: Designating a representative and an alternate for the H- GAC General Assembly Resolution 1949 designates a representative and an alternate for the General Assembly of the Houston-Galveston Area Council for the 2009 year. City Manager summarized the agenda item. Resolution 1949 designates a representative and an alternate for the General Assembly of the Houston-Galveston Area Council for the 2009 year. H-GAC's Bylaws authorize Council to select one member and one alternate member to serve as representatives for both the General Assembly and the Board of Directors. Council's 2008 representative to the General Assembly is Council Member Brandon Capetillo with Mayor Stephen DonCarlos serving as the alternate. The 2009 representatives will begin their terms of office at the first of January, 2009. Motion was made by Council Member Sain, seconded by Council Member Yepez approving Resolution 1949. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. RESOLUTION NO. 1949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON-GALVESTON AREA COUNCIL FOR THE YEAR 2009; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. MOTIONS a. Performance Review: Municipal Court Judge. Discussed and took appropriate action regarding the Municipal Court Judge's annual performance review and compensation adjustment. Page 18 of 23 Minutes of the October 9, 2008 City Council Meeting Motion was made by Council Member McCartney, seconded by Council Member Capetillo approving a 5% salary increase for Municipal Court Julie Escalante. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. b. Performance Review: City Manager - City Council. Discussed and took appropriate action regarding the City Manager's annual performance review and compensation adjustment. Motion was made by Council Member Caskey, seconded by Council Member Capetillo approving a 5% salary increase for City Manager Garrison C. Brumback. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. 7. CONSENT Motion was made by Council Member Sheley, seconded by Council Member Capetillo approving Consent Agenda Items 7.a., 7.b., 7.c., 7.d., 7.e., and 7.f. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. a. Ordinance 10,989: Approved payment to TxDOT for the city's portion of the Goose Creek Trail Phase IV Project - Parks and Recreation. Ordinance 10,989 approved the payment of $153,098.93 to the Texas Department of Transportation for the City’s funding participation for the Goose Creek Stream Phase IV Trail. Page 19 of 23 Minutes of the October 9, 2008 City Council Meeting The total project estimate is $1,088,192.94 with $870,554.35 in federal Congestion Mitigation Air Quality (CMAQ) matching funds; the City’s match is $217,638.59. Since the City has already paid $8,000.00 in TxDOT Review Cost and has paid $56,539.65 for our part of the Design Cost the amount owed by the City is $153,098.93. The total 20%/80% CMAQ federal funds available are $1,144,012.00. The construction estimate for the project is $566,380.06 with the City’s portion being $113,276.01. The City’s match will be provided by the Municipal Development District. The MDD board approved expenditures up to $350,000 for the project at their November 6, 2001 meeting. In the late 1990’s, the City was notified that the efforts of the Goose Creek Stream Development Committee and staff had been rewarded with a $1,144,012.00 Congestion Mitigation Air Quality (CMAQ) grant. The project will build approximately 1.25 miles of trail along Goose Creek from Goose Creek Park, under the Decker and Park Street bridges and end at Garth Road and Shillings Street. A secondary trail was planned to connect to the Central Little League Park trails on Garth Road. Engineering on the pedestrian trail began in December 2002. However; several land issues stopped the trail from completing the project to the Garth Road/Shillings Street Trail Head. The Goose Creek Stream Development Committee and staff requested the trail to be shortened to end near the Decker Road bridge in September 2007. The trail will now be .66 miles long. The project is scheduled to be let by TxDOT on either December 4th or 5th. Construction is expected to begin after the first of the year. The Parks and Recreation Advisory Board approved the project at the October 1, 2008 regular meeting. Ordinance 10,989 approved the payment of $153,098.93 to the Texas Department of Transportation for the City’s funding participation for the Goose Creek Stream Phase IV Trail. ORDINANCE 10,989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT OF ONE HUNDRED FIFTY-THREE THOUSAND NINETY-EIGHT AND 93/100 DOLLARS ($153,098.93) TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY’S FUNDING PARTICIPATION FOR THE GOOSE CREEK STREAM PHASE IV TRAIL PROJECT; MAKING PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 20 of 23 Minutes of the October 9, 2008 City Council Meeting b. Ordinance 10,990: Harris County Fire Protection Services Agreement - Fire Department. Ordinance 10,990 authorized an Interlocal agreement with Harris County for fire protection services in an unincorporated area of Harris County. This contract will be effective until April 30, 2009, and generally contains the same terms and conditions as those in previous agreements. The amount to be paid under the agreement is $21,000. The agreement recognizes that this amount is only to defray the cost of fire protection services and is not meant to completely cover the City's costs. Therefore, the City may bill responsible parties for services. ORDINANCE 10,990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION SERVICES IN AN UNINCORPORATED AREA OF HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 10,991: MDD Interlocal for Transfer of Property Ordinance 10,991 authorized an Interlocal agreement with the Baytown Municipal Development District for the transfer of property on Texas Avenue. Pursuant to the agreement, the MDD will convey the property conveyed to it by Goose Creek Infill Housing 1; LTD, and the City will use or lease the property as a theater, entertainment venue or other authorized development project. The MDD approved this agreement at its meeting on October 2, 2008. ORDINANCE 10,991 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING THE TRANSFER OF PROPERTY OF TEXAS AVENUE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance 10,992: Contract with the Bay Area Rehabilitation Center (BARC) - Parks and Recreation. Ordinance 10,992 approved a contract with the Bay Area Rehabilitation Center (BARC) formerly known as the Baytown Opportunity Center for park cleaning, janitorial services and litter removal in the amount of $92,754.00. Page 21 of 23 Minutes of the October 9, 2008 City Council Meeting This contract covers a 12-month period of park clean up and janitorial services. It covers weekday litter cleanups and janitorial services at the Gray Sports Complex from February through September, and park cleanup at Bicentennial Park following the July 4th Celebration. The contract also includes weekday janitorial services of the public restroom at Roseland Park and Jenkins Park and weekday cleanup of the restroom and pavilion facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months. Clean up at the Baytown Skate Park increased from three to five days a week and added clean up at the new Baytown Skate Park 2 at Unidad Park. The cost of the contract has increased $9,003.12 or 10.7 % mainly due to the addition of the cleanup at the Baytown Skate Park 2. The Girls Fast-pitch Softball Association will reimburse the City for the cleaning of the facilities around the fields used during GFSA during GFSA games and tournaments. Mark Alexander, Executive Director of the Bay Area Rehabilitation Center, has reviewed the proposed contract and has indicated that it meets with his approval. ORDINANCE 10,992 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 CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-TWO THOUSAND SEVEN HUNDRED FIFTY- FOUR AND NO/100 DOLLARS ($92,754.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance 10, 993: Industrial District Agreement with Cedar Crossing Distribution Center No 1, L.P. - Legal. Ordinance 10,993 authorized an Industrial District Agreement with Cedar Crossing Distribution Center No. 1, L.P., for a seven-year period. The first payment pursuant to this agreement will be for the tax year 2008. The base year value is $52,430. The agreement is in conformity with the policies adopted by the City Council for companies, which did not have an industrial district agreement in effect on July 26, 2003, in the City’s industrial districts. ORDINANCE 10,993 Page 22 of 23 Minutes of the October 9, 2008 City Council Meeting AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CEDAR CROSSING DISTRIBUTION CENTER NO. 1, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance 10,994: Interlocal agreement with the MDD for improvements at the Wayne Gray Sports Complex. Ordinance 10,994 authorized an Interlocal agreement with the Baytown Municipal Development for improvements at the Wayne Gray Sports Complex. Several small projects including parking lot lighting on the East Road side of the Wayne Gray Sports Complex and trails are included in this project. The Parks and Recreation Department plans to relocate the Field G poles and lights to light the east side large parking areas. Conduit was placed prior to the renovation of the parking lots in anticipation of this project. Three poles with lights will be placed evenly in the area between the parking lots and East Road. One pole will be placed by the north parking lot on the East Road side. The lighting will face the park and will not impact the neighbors. Replacement of approximately 500 feet of asphalt trail with 8 foot wide concrete trail will also be included in the project. Pursuant to the agreement, the MDD will fund up to $125,000 for this project. ORDINANCE 10,994 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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated herein below, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. 9. MANAGER'S REPORT Page 23 of 23 Minutes of the October 9, 2008 City Council Meeting a. Hurricane Ike Recovery Update. Received an update on the recovery from Hurricane Ike from City Manager Brumback. A presentation was made by Olivia Humilae for the U.S. Small Business Association for the purpose of low interest loans. 10. ADJOURN Motion was made by Council Member Capetillo, seconded by Council Member Yepez adjourning the October 9, 2008 regular meeting. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nays: None. The motion carried. 8:25 P.M. Mayor DonCarlos adjourned the regular City Council meeting of October 9, 2008. ______________________________ Kaythie Darnell, City Clerk City of Baytown