City Council Regular Meeting Minutes
October 11, 2012
Page 19 of 19
D R A F T
MINUTES OF THE REGULARMEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
October 11, 2012
The City Council of the City of Baytown, Texas, met in a RegularMeeting on Thursday, October 11, 2012,at6:32P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo Council Member
Robert Hoskins Council Member
David McCartney Council Member
Terry Sain Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Robert D.Leiper City Manager
Ron Bottoms Deputy City Manager
Kevin Troller Assistant City Manager
Ignacio Ramirez City Attorney
Jason Cozza Deputy City Clerk
Keith Dougherty Sergeant at Arms
Mayor DonCarlos convened the October 11, 2012, City Council RegularMeeting with a quorum present at 6:32P.M., all members were present with the exception of Council Member Renteria who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins.
1. MINUTES
a. Consider Approving the Minutes of the City Council Regular Meeting for September 27, 2012 - City Clerk.
Alan Hudgins registered to speak before Council regarding agenda item 1.a. and stated that he lives 3047 Ferry Road. Mr. Hudgins stated that he's making a final effortto have city staff respond to the issues he addressedconcerning the August 23, 2012 work session minutes.
A motion was made by Mayor Pro Tem Scott Sheley and seconded by Council Member David McCartney approving the September 27, 2012, City Council Regular Meeting Minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Proclamation: Health and Safety Week - Emergency Management.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presenteda proclamation to Bill Voladesignatingthe week of October 13 - 20, 2012,as Health and Safety Week.
b. Proclamation: Fire Prevention Week - Administration.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to Chief Bernard Olivedesignating October 7-13, 2012 as Fire Prevention Week.
c. Proclamation: Care Enough to Wear Pink - Fire.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presenteda proclamation to Mark Medrano and the Baytown Fire Department designating October as “Care Enough to Wear Pink” month.
d. Proclamation: Code Compliance Month - Administration.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presenteda proclamation to the City of Baytown neighborhood protection officers designating October 2012, Code Compliance Month.
3. PUBLIC HEARINGS
a. Public Hearing at 6:30 P.M.: Regarding the Assessment of Fees for Baytown Public Improvement District Number One - City Management.
At 6:47 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the assessment of fees for the Baytown Public Improvement District Number One for street improvements.
City Manager Leiper stated that this public hearing allows all interested persons the right to appear and be heard regarding the proposed assessment fees for the Baytown Public Improvement District (PID) Number One for street improvements. He stated that the public improvement was createdon September 27,2007, pursuant to chapter 372 of the local government code.City Manager Leiper stated that the assessmentswere to reconstruct Bay Oaks Harbor Drive, which isa private street. He stated that over theyears the Cityhas workedwith theresidents tohavetheir utilities transferredover to the City, which is funded through a similar assessment that would bepaid off this year.City Manager Leiper stated that when the utilities were transferred over to the City, the residents utility rate decreased by more than half. He stated that because the streets are private and inorder for the City to take care of thestreets,an agreement was made toadvancethe funds through the PID and repair the main street and all of the streets would be dedicated to the City.He stated that the assessment would be reimbursedover a ten year period at a 3% interest rate andtheresidents would have the option ofpaying the assessment in a lump sum to avoid paying the interest rate.Additionally, he stated that the assessment would beat eighty-five cents per square foot perlot size and ifpaidover a ten year period wouldbe ten cents per square footper year whichcovers the finance cost.
Pedro Coy, Joe Pope, Mitchell Pearce,and Sharlota Pearce all registered to speak before the public hearing regarding agenda item 3.a.
Mr. Coy stated that when he first moved to the subdivision in 1989, there was deed restrictions that stated that the taxes could not be raised no more than 10% of $10 and that since his move in; there were many changes that he does not approve of.
Mr. Pope stated thathe pays the $55 maintenance fee and doesn't see whyhe should have to help pay for the main road andthe other streets are not being done.He stated that the circle should be done first and then the main road.
Mr. Mitchell Pearce stated that because the Home Owners Association (HOA) had to take care of the roads, every year they (the HOA)would increase the fees by the allowed10% of $10which the fee is now $55. He stated that the HOA spent a quarter of a million dollars renovating the main road andrepairing the damageto the drainage systemdestroyed byhurricaneIKE.He stated that the main road is 90% of the drainage to the subdivision and once replacedwould address thedrainage problem.Mr. Pearce stated thatonce thestreets are no longermaintained by the HOA and the home owner completes the fees for the water transfer, the HOA dues would decrease.Council Member Capetillo inquired if when the residentsagreed on the PID, did itrequireall residents to participate.Mr. Pearce stated that from what he remembered,the legal requirement according toMr. Haus's inputwas that there were three criteria: the number of properties, the dollar value of properties, and the number of owners. He stated that the HOAhad to havea majority, which were 2 out of 3 of the criteria met. Mr. Pearcestated that the written agreement was signed by property owners and the HOA had all three criteria met.
Mayor DonCarlos closed the public hearing at 7:05 P.M.
b. Resolution: Amending Resolution No. 1884 to Remove the Requirement that the Baytown Redevelopment Authority Prepare a Service and Assessment Planfor Baytown Public Improvement District Number One - City Management.
City Manager Leiper presented the agenda item and stated thatat the time the PID was created, it was anticipated that a developer was going to come in and re-develop Bay Oaks Harbor Section II and do the streets in section one on a reimbursement basis based on assessment or increment using the TIRZBoard.He stated that since the City has determined that it would front the monies necessary for the reconstruction and improvement of Bay Oaks Harbor Drive, including utilities and associated drainage infrastructure,as such, there is no need for a development agreement with the Baytown Redevelopment Authority (the "Authority") and Resolution No. 2206 amends Resolution No. 1884, which was passed on September 13, 2007, to repeal Section 4 of the same which reads as follows:
The City Council hereby directs the Baytown Redevelopment Authority to prepare a service and assessment plan for review and approval of the City Council in accordance with Chapter 372 of the Code.
A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2206. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
RESOLUTIONNO.2206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING SECTION 4 OF RESOLUTION NO. 1884 PASSED ON
SEPTEMBER 13, 2007, TO REMOVE THE REQUIREMENT THAT THE
BAYTOWN REDEVELOPMENT AUTHORITY PREPARE A SERVICE AND
ASSESSMENT PLAN FOR BAYTOWN PUBLIC IMPROVEMENT DISTRICT
NUMBER ONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Ordinance: Approving the Service and Assessment Plan for the Baytown Public Improvement District Number One - City Management.
City Manager Leiper presented the agenda item and stated thatOrdinance No. 12,079approves the Service and Assessment Plan for the Baytown Public Improvement District Number One,pursuant to Chapter 372 of the Texas Local Government Code, the City created the Baytown Public Improvement District Number One on September 27, 2007, via Resolution No. 1884, for the provision of certain public improvements to properties within the district and to levy and collect a special assessment for such improvements.
City Manager Leiper stated that Ordinance No.12,079 approves such plan for Baytown Public Improvement District Number One concerning the reconstruction and improvement of Bay Oaks Harbor Drive, including utilities and associated drainage infrastructure.He stated that the public improvements wouldbe pre-funded by the City and the City wouldbe reimbursed through a special assessment on the benefited properties. Additionally, City Manager Leiper stated that this would begin in tax year 2013 and the bill would goout at the end ofyear 2013 so there would be no assessments issued for one year.
A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,079. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PUBLIC
IMPROVEMENT DISTRICT NUMBER ONE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Ordinance: Levying Special Assessmentsagainst Bay Oaks Harbor Properties within Baytown Public Improvement District Number One - City Management.
City Manager Leiper presented the agenda item and statedOrdinance No. 12,080levies assessments against properties in the Bay Oaks Harbor Subdivision within Baytown Public Improvement District Number One.
A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,080. The cote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 12,080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, LEVYING AN ASSESSMENT AGAINST BAY OAKS HARBOR
PROPERTIES WITHIN BAYTOWN PUBLIC IMPROVEMENT DISTRICT
NUMBER ONE; MAKING CERTAIN FINDINGS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Public Hearing: Regarding the Rezoning of61.45 acres from Mixed Use (MU) Districtto Light Industrial (LI) District- Planning and Development Services.
At 7:08P.M., Mayor DonCarlos opened and conducteda public hearing regarding the application for Texas Capital Development Corp. Inc., to rezone approximately 61.45 acres located at the southeast intersection of State Highway146 Business and State Highway99, west of Tri-Cities BeachRoad, north of the Missouri Pacific Railroadin Harris County,Texas, from a Mixed Use (MU) Zoning District to a Light Industrial (LI) Zoning District.
City Manager Leiper stated thatthe public hearing on an application to rezone 61.45 establishing a business park with potential warehousing.He stated that this property is located at thesoutheast intersection of SH 146 Business and SH 99 (Grand Parkway) and is proposed to be amajor interchange alongtheGrand Parkwayin the future.City Manager Leiper stated that the expected purpose of the Grand Parkway is primarilyto bypass traffic around the congested Houston area for long-distance travelers and truckers, with easy access to the Port of Houston, the Houston Ship Channel and the industrial and commercial uses associated with these areas with the main users expected to be industrial traffic.He stated that this interchange is a reasonable placeto create alight industrial use to occur and currently the City's Future Land Use map denotes this property as "rural/vacant" in which an amendment would need to be made prior to the rezoning of this property to light industrial.
City Manager Leiper stated for clarification, that the only thing that is being done at this meeting is the public hearing and there would not be a vote on this item tonight. He stated that the idea for this property is to accommodate an orderly transition to the Grand Parkway when it comes whichwould impact the front of this property.Additionally, he stated that the City is working on getting a temporary traffic light put up at Highway 99 and Tri-City Beach Road until the Grand Parkway comes in.
Dwala Cargill, Tim Hazelwood, Rosemarie Hamon, Lisa Ritter, JimmyRitter, Gayl Fritz, JoelFritz, Leisha Brown, Mary Litton,Matt Wells,Alan Hudgins, Joey Campbell, and C.H. Wood all registered tospeak before Council regarding agenda item 3.e.
Council Member Capetillo suggested having the developer speak before the public hearing regarding their plans for rezoning
Mr. Matt Wells,a representative from Wells Holding the landowner and developer of the 90 Acretract stated that they are trying to extend the light industrial (LI) use across the90 acretract toward the east and keep the northern part of the tract as mixed use (MU)zoning. He stated that they are proposing a mixed use business park that includesretail, office, office warehouse, distribution warehouse, and light manufacturing.He stated that the park would be architectural controlled andalso use restrictionsabove and beyond what the City already has in place.
Mr. Wells stated that in meeting with the Evergreen HOA and some of the land owners, there were concerns regarding noise, traffic, light pollution, use, and the buffers. He stated that most of the concerns are controlled by the City's current ordinances. He stated that they don't have access to the railroad's right-of-way and they don’t own the railroad so he could not speak on what’s going with the railroad. He stated that the distance between their property and the nearest house is abouta 1/2 of a mile.
Council Member Sheley inquired of the hours of operations. Mr. Wells stated that the hours of operation are determined by tenants but could also be included in the restrictions, if necessary.