D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 08, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, May 08, 2014, at 6:30 P.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 Chris Presley Council Member Mercedes Renteria Council Member Terry Sain Council Member David McCartney Mayor Pro Tem Robert D. Leiper City Manager Ron Bottoms Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Pro Tem McCartney convened the May 08, 2014, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Mayor Stephen DonCarlos who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on April 10, 2014. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving the April 10, 2014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None City Council Regular Meeting Minutes May 08, 2014 Page 2 of 20 Other: Mayor Stephen DonCarlos (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a Proclamation designating May 18-24, 2014, as National Emergency Medical Services Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Dana Dalbey a proclamation designating May 18-24, 2014, as National Emergency Medical Services Week. b. Present a Proclamation designating May 18-24, 2014, as National Public Works Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Paul Batenhorst and Latanya Henderson a proclamation designating May 18-24, 2014, as National Public Works Week. c. Present a proclamation declaring the month of May 2014, as Hurricane Preparedness Month in Baytown, Texas. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Bill Vola a proclamation declaring the month of May 2014, as Hurricane Preparedness Month in Baytown, Texas. d. Present the 3rd and 4th of July Celebration schedule and entertainment for 2014. Scott Johnson, Director of Parks and Recreation, presented the agenda item and stated that this year's event will begin at 6:00 P.M., Thursday, July 3rd; with Houston area band "4 Barrel Ramblers" followed by the headliner for the evening, rock and roll legend “Kansas”, taking stage at 8:00 P.M. He further stated that Baytonian "Ryan Guidry" will perform between the acts. Mr. Johnson stated that on July 4th, the annual heat wave and run will start at 7:00 A.M. and the opening of the vendor booths will begin at 5:00 P.M. followed by the Annual 4th of July Parade at 5:30 P.M. He stated that local musician "Breelan Angel" will kick off the July 4th entertainment at 6:00 P.M. followed by this year’s headliner, country music stars, Montgomery Gentry, taking stage at 8:00 P.M. and the annual fireworks extravaganza at 9:30 P.M. 3. REZONING AND SPECIAL USE PERMIT FOR 0, 4210 AND 4318 NORTH HIGHWAY 146, APPROXIMATELY 18.3 ACRES OF LAND a. Conduct a public hearing concerning a proposed amendment to the official zoning map for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located City Council Regular Meeting Minutes May 08, 2014 Page 3 of 20 at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou, from Mixed Use (MU) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. At 6:45 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou, from Mixed Use (MU) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. City Manager Leiper stated that this public hearing is concerning an application to rezone approximately 18.3 acres of land from Mixed Use (MU) District to approximately 9.6 acres of HI and approximately 8.7 acres of LI to construct a concrete batch plant. He stated that the property is currently flanked by zoning uses of MU to the north and HI to the south. He further stated that in addition to this application, the applicant is requesting to amend the Future Land Use Plan and approval of a Special Use Permit (SUP) for the heavy industrial use. He stated that the Planning and Zoning Commission held public hearings on March 18th and April 15th and on April 15, 2014, voted to recommend approval of the proposed zoning amendment from MU to LI and HI. Jonathan Groves stated that he's the owner of the property requesting to be rezoned and registered to speak regarding agenda item 3.a. to answer any questions regarding this property. Council Member Hoskins inquired if there was an intended use for the waterfront property on Cedar Bayou. Mr. Groves stated that the reason the property was purchased was to be able to bring barges in for materials. He stated that he's proposing to bring in two (2) barges per month on the Cedar Bayou side to the dock that was used in 1953. Mr. Groves stated that they chose this route due to the congestion of trucks on Highway 146 and that using the barge would eliminate some of the congestion because one (1) barge load represents about 160 trucks. He stated that the barge will be docked and loaded for a five (5) to six (6) hour period in a months’ time. He further stated that the materials would then be transferred to the concrete plant. Council Member Hoskins inquired if the materials were allowed to be stored in the setback area. Nathan Dietrich, Senior Planning Manager stated that within the 200 foot watershed protection area there is an allowance for certain types of materials to be placed there, which would be determined by the permit that's submitted at the time of the request and also at the discretion of the City's Engineer. Council Member Hoskins inquired if barge materials were allowed to dock in the water protection zone. Mr. Dietrich stated that there are allowances for certain driveways for things to travel within the watershed protection zones. City Manager Leiper stated that Mr. Groves stated that the dock to be used is pre-existing and staff requested documentation to support that, but that a brand new barge dock would not be allowed in the watershed protection zone and further stated that this zoning is to allow this type of use of a concrete batch plant. City Council Regular Meeting Minutes May 08, 2014 Page 4 of 20 During further discussion, Council Member Hoskins inquired about the use of the remaining parts of the property. Mr. Groves stated that the remaining property will be pasture and is not going to be used. Council Member Capetillo inquired of the hours of operation for offloading the barge. Mr. Groves stated that they would work from dawn to dusk. Council Member Presley asked Mr. Groves if the concrete plant would be done even if the barge dock wasn't approved. Mr. Groves stated that although there is other ways to bringing the materials in, the barge is the key factor to purchasing the property considering the operations cost and traffic wise. City Manager Leiper stated that if the barge can be documented as being pre-existing, there is a traffic benefit to Highway 146. Council Member Sain inquired of the weekly work hours. Mr. Groves stated that the hours would be six days a week, but his intent is to work during the week. During further discussion, Council Member Hoskins inquired as to what would be serviced at the concrete plant. Mr. Groves stated that his intent is to service small truckloads of concrete. At 7:02 P.M., Mayor Pro Tem McCartney closed the public hearing. b. Conduct a public hearing concerning the proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. At 7:04 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning the proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou.