honor the texas flag; i allegiance to one state under one

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Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.

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Page 1: Honor the Texas flag; I allegiance to one state under one

Honor the Texas flag I pledge allegiance to thee Texas one state under God

one and indivisible

NOTICE OF PUBLIC MEETING

BE IT KNOWN that the City Council of the City of Lake Jackson will meet in Regular Session on Monday May 4 2015 at 630 PM at 25 Oak Drive Lake Jackson Texas Lake Jackson City Hall in the Council Chambers with the following agenda

AGENDA

PLEDGE OF ALLEGIANCE US FLAG

TEXAS FLAG

INVOCATION

VISITORS COMMENTS This item is available for those citizens wishing to address City Council on an issue not on the agenda Any item discussed cannot be voted on but could be considered for placement on the agenda of the next regularly scheduled meeting

COMMENDATIONS At said meeting the council will deliberate discuss consider and or take final action on any or all of the following matters

1 PRESENTATIONS

A PROCLAMATION - MOTORCYCLE SAFETY MONTH 2 CONSENT AGENDA

All Consent Agenda items listed are considered routine by the City Council and will be enacted by one motion There will be no separate discussion of these items unless a Council member or other interested persons so requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda Information concerning Consent Agenda items is available for public review A APPROVAL OF MINUTES ndash APRIL 20 2015 B MINUTES OF BOARDS AND COMMISSIONS

3 REGULAR AGENDA

A DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $250000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015

B DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR T H E CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

C UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY

D DISCUSS AND CONSIDER AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES ndash FIRST READING

E DISCUSS AND CONSIDER APPROVAL OF PLAYGROUND EQUIPMENT DESIGNPROPOSAL BY KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS OF SPRING TEXAS AT LLOYD MORRISON PARK (SHYPOND PARK) IN AN AMOUNT NOT TO EXCEED $110000

F DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT

G DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY

H UPDATE ON CONSTRUCTION PROJECTS a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

I ITEMS OF COMMUNITY INTEREST

4 ADJOURNMENT The City Council may go into Executive Session on any item listed on the Agenda in accordance with Section 551071 of the Government Code (attorney-client privilege) I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on Friday May 1 2015 at _________ pm

______________________________ Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ___________ day of ________________________ 2015 at __________ a pm

______________________________ Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretarys Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Proclamation I Joe Rinehart by virtue of the authority vested in me as Mayor

Of the City of Lake Jackson Texas do hereby proclaim

May 2015 As

Motorcycle Safety and Awareness Month

In the City of Lake Jackson and urge each and every citizen to become aware of the inherent danger involved in operating

a motorcycle and give the operator the respect on the road they deserve

Whereas todayrsquos society is finding more citizens involved in motorcycling on the roads of our country and Whereas motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers and Whereas campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks injuries and most of all fatalities through a comprehensive approach to motorcycle safety and Whereas it is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists regarding them with the same respect as any other vehicle traveling the highways of this country and Now Therefore We the Mayor and the City Council of the City of Lake Jackson do hereby proclaim May 2015 as Motorcycle Safety and Awareness Month in the City of Lake Jackson Texas

In Testimony whereof witness my hand and seal of the City of Lake Jackson this 4th day of May AD 2015 Joe Rinehart Mayor

City of Lake Jackson

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN that the City Council of the City of Lake Jackson met on Monday April 20 2015 at 630 pm in Regular Session at 25 Oak Drive Lake Jackson Texas in the Council Chambers at the Lake Jackson City Hall with the following in attendance

Joe Rinehart Mayor Gerald Roznovsky Mayor Pro-Tem Buster Buell Council member Will Brooks Council member Heather Melass Council member JB Baker Council member

William P Yenne City Manager Modesto Mundo Asst City Manager Alice A Rodgers City Secretary Pam Eaves Finance Director Sherri Russell City Attorney Sal Aguirre City Engineer Rick Park Police Chief Mike Bailey Lieutenant Paul Kibodeaux Asst Police Chief Bryan Sidebottom Lieutenant Chris Anderson Lieutenant Jeremy Bubnick Parks and Rec Director Randy Crim Fire Marshal Irene McKay Health Officer Michael Coon Asst to City Manager David Walton Building Official

PLEDGE OF ALLEGIANCE Council member Melass led the pledge of allegiance to the American flag and the Texas flag

INVOCATION Council member Buell led the invocation

VISITORS There were no visitors present to speak on a non agenda item

PRESENTATION There were no presentations

CONSENT AGENDA A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 B MINUTES OF BOARDS AND COMMISSIONS

On motion by Council member Brooks second by Council member Baker with all members present voting ldquoayerdquo the consent agenda was approved as follows

A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 - approved B MINUTES OF BOARDS AND COMMISSIONS - accepted

PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A(PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2(COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES Mayor Rinehart opened the public hearing at 632 pm Mr Yenne stated this item came up with a new dental clinic locating in a B-2 zone next to the new HEB This is for clarification and providing for a definition of a clinic Mr Yenne stated that the Planning Commission was to have the first public hearing at their meeting on April 7th but did not have a quorum Council is holding the first public hearing This is to provide a new definition to include clinics Council member Melass asked for the difference between a doctors office and a clinic Sherri Russell stated that the actual definition is wide enough to include clinics The Planning Commission did not see a difference between medical office and clinic Mr Yenne stated that staff has always thought a medical office and clinic were the same The owners of the new dental clinic wanted staff to be sure of the definition so the clarification is before Council Mayor Rinehart closed the public hearing at 635 pm PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS Mayor Rinehart opened the public hearing at 636 pm Mr Yenne stated that staff had not interpreted this section properly in the past This is for clarification and will reflect the practice staff has been doing for the last several years Sherri Russell stated this will require the Planning Commission to approve a cross access agreement and verify that the parking meets requirements Mayor Rinehart closed the public hearing at 638 pm DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $8000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015 IN LAKE JACKSON Mr Mundo stated that Mr Luna has reduced his request to $2500 Mr Luna met with Mr Bubnick at the softball field and decided that would not be the right venue They have moved the concert to Freeport but Mr Luna still wanted to request funding from Lake Jackson Mr Luna stated they would push for attendees to stay in Lake Jackson This item died for lack of motion DISCUSS AND CONSIDER REQUEST FROM HEB TO REMOVECUTBACK FOLIAGE AT THEIR ENTRANCE IN CITY PARKWAY ON OAK DRIVE AT CENTER WAY Mr Yenne stated that he and Mr Aguirre met with representatives from HEB to discuss removing the foliage along the Oak Drive parkway In negotiating the PUD with HEB one of the things excepted was the requirement for parking lot screening One of the reasons for that exception was that the city already had foliage in the parkway It is not their big sign they are worried about Their big sign will be on an outparcel closest to Circle Way They are requesting removal of some of the red tip photinia plants in the city parkway 100 feet on either side of Center Way Mr Yenne stated that the plants were placed in the

parkway by the Beautification Commission in the 1980rsquos He suggested that if they would like to remove the plants they come back in with the typically required 3 foot high parking lot screening There was no one present from HEB Council member Roznovsky felt the sign was of no value and they have been given the exception of the large sign that could be seen from the highway Mayor Rinehart asked if the photinias could be trimmed back Jeremy Bubnick stated that the shrubs would not survive being trimmed back to that degree Council member Roznovsky felt the berms or parking lot screening needed to be in place prior to the current shrubs coming down Consensus of Council was to keep some sort of screening if the photinias come down then new shrubs needed to be planted DISCUSS AND CONSIDER AUTHORIZING THE EXECUTION AN AGREEMENT WITH THE CITY OF CLUTE AND DEDEN SERVICES LLC FOR THE PLACEMENT OF A WATER LINE IN CITY RIGHT OF WAY ON OYSTER CREEK DRIVE FOR CLUTErsquoS WOODSHORE DEVELOPMENT The engineerrsquos for Clutersquos new development would like to place Clutersquos new waterline in the Oyster Creek Drive right-of-way This placement will save some mature trees on their property The city needs two separate agreements to do this one with Clute and one with the contractor Council asked that Ms Russell draw up the contracts On motion by Council member Brooks second by Council member Roznovsky with all members present voting aye authorization was granted for the execution of an agreement with the city of Clute and Deden Services LLC for the placement of a water line in the city right of way on Oyster Creek Drive for Clutes Woodshore development APPROVE THE LAKE JACKSON POLICE DEPARTMENT ANNUAL REPORT Rick Park Police Chief introduced is staff Chris Anderson Paul Kibodeaux Mike Bailey and Bryan Sidebottom Chief Park presented the Police Department Annual Report Council thanked the Chief for his report and the good job the police department does AWARD BID FOR CLEARING AND REMOVING DEBRIS FOR THE 2015 HURRICANE SEASON TO BERGERON EMERGENCY SERVICES AS PRIMARY CONTRACTOR IN AN AMOUNT NOT TO EXCEED $10000000 AND STANDBY CONTRACTS TO ASPLUNDH AS SECONDARY CONTRACTOR TAG GRINDING SERVICES AS TERTIARY CONTRACTOR AND TFR ENTERPRISES INC AS QUATERNARY CONTRACTOR On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo bid was awarded for clearing and removing debris for the 2015 Hurricane Season to Bergeron Emergency Services as primary contractor in an amount not to exceed $10000000 and standby contracts to Asplundh as secondary contractor Tag Grinding Services as tertiary contractor and TFR Enterprises Inc as quaternary contractor Mr Yenne stated that staff is using Bergeron Emergency Services to help with the cleanup of the recent storm debris

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

gtCALI

l = 30 SALISH~

David Ondrios

C I ~sect c I a

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~ ~ ~

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~ 18 ~

I o a

This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

~rchitectmicroral and tronsoortashyori ~arn~rshcomri11qnlte f oaru with t e add11ion o

O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

IAICiiWW-n~Jlt4~~41-1ilit=4yen=~~1~w=WmW$ampJTtt4W~lJotr=tW ~1=1Cmiddot=~==ru~~middot~~

wwwkppecom

lltRAFTSMAH laquoIMMlllCWl ~YGAOUMOS

wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

1~ 15 i L --

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o o Z c += -~ ~o o t ~ 0 lo

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LlLv-9SE-oos-T I woJJU-P

City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 2: Honor the Texas flag; I allegiance to one state under one

NOTICE OF PUBLIC MEETING

BE IT KNOWN that the City Council of the City of Lake Jackson will meet in Regular Session on Monday May 4 2015 at 630 PM at 25 Oak Drive Lake Jackson Texas Lake Jackson City Hall in the Council Chambers with the following agenda

AGENDA

PLEDGE OF ALLEGIANCE US FLAG

TEXAS FLAG

INVOCATION

VISITORS COMMENTS This item is available for those citizens wishing to address City Council on an issue not on the agenda Any item discussed cannot be voted on but could be considered for placement on the agenda of the next regularly scheduled meeting

COMMENDATIONS At said meeting the council will deliberate discuss consider and or take final action on any or all of the following matters

1 PRESENTATIONS

A PROCLAMATION - MOTORCYCLE SAFETY MONTH 2 CONSENT AGENDA

All Consent Agenda items listed are considered routine by the City Council and will be enacted by one motion There will be no separate discussion of these items unless a Council member or other interested persons so requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda Information concerning Consent Agenda items is available for public review A APPROVAL OF MINUTES ndash APRIL 20 2015 B MINUTES OF BOARDS AND COMMISSIONS

3 REGULAR AGENDA

A DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $250000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015

B DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR T H E CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

C UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY

D DISCUSS AND CONSIDER AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES ndash FIRST READING

E DISCUSS AND CONSIDER APPROVAL OF PLAYGROUND EQUIPMENT DESIGNPROPOSAL BY KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS OF SPRING TEXAS AT LLOYD MORRISON PARK (SHYPOND PARK) IN AN AMOUNT NOT TO EXCEED $110000

F DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT

G DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY

H UPDATE ON CONSTRUCTION PROJECTS a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

I ITEMS OF COMMUNITY INTEREST

4 ADJOURNMENT The City Council may go into Executive Session on any item listed on the Agenda in accordance with Section 551071 of the Government Code (attorney-client privilege) I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on Friday May 1 2015 at _________ pm

______________________________ Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ___________ day of ________________________ 2015 at __________ a pm

______________________________ Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretarys Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Proclamation I Joe Rinehart by virtue of the authority vested in me as Mayor

Of the City of Lake Jackson Texas do hereby proclaim

May 2015 As

Motorcycle Safety and Awareness Month

In the City of Lake Jackson and urge each and every citizen to become aware of the inherent danger involved in operating

a motorcycle and give the operator the respect on the road they deserve

Whereas todayrsquos society is finding more citizens involved in motorcycling on the roads of our country and Whereas motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers and Whereas campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks injuries and most of all fatalities through a comprehensive approach to motorcycle safety and Whereas it is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists regarding them with the same respect as any other vehicle traveling the highways of this country and Now Therefore We the Mayor and the City Council of the City of Lake Jackson do hereby proclaim May 2015 as Motorcycle Safety and Awareness Month in the City of Lake Jackson Texas

In Testimony whereof witness my hand and seal of the City of Lake Jackson this 4th day of May AD 2015 Joe Rinehart Mayor

City of Lake Jackson

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN that the City Council of the City of Lake Jackson met on Monday April 20 2015 at 630 pm in Regular Session at 25 Oak Drive Lake Jackson Texas in the Council Chambers at the Lake Jackson City Hall with the following in attendance

Joe Rinehart Mayor Gerald Roznovsky Mayor Pro-Tem Buster Buell Council member Will Brooks Council member Heather Melass Council member JB Baker Council member

William P Yenne City Manager Modesto Mundo Asst City Manager Alice A Rodgers City Secretary Pam Eaves Finance Director Sherri Russell City Attorney Sal Aguirre City Engineer Rick Park Police Chief Mike Bailey Lieutenant Paul Kibodeaux Asst Police Chief Bryan Sidebottom Lieutenant Chris Anderson Lieutenant Jeremy Bubnick Parks and Rec Director Randy Crim Fire Marshal Irene McKay Health Officer Michael Coon Asst to City Manager David Walton Building Official

PLEDGE OF ALLEGIANCE Council member Melass led the pledge of allegiance to the American flag and the Texas flag

INVOCATION Council member Buell led the invocation

VISITORS There were no visitors present to speak on a non agenda item

PRESENTATION There were no presentations

CONSENT AGENDA A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 B MINUTES OF BOARDS AND COMMISSIONS

On motion by Council member Brooks second by Council member Baker with all members present voting ldquoayerdquo the consent agenda was approved as follows

A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 - approved B MINUTES OF BOARDS AND COMMISSIONS - accepted

PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A(PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2(COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES Mayor Rinehart opened the public hearing at 632 pm Mr Yenne stated this item came up with a new dental clinic locating in a B-2 zone next to the new HEB This is for clarification and providing for a definition of a clinic Mr Yenne stated that the Planning Commission was to have the first public hearing at their meeting on April 7th but did not have a quorum Council is holding the first public hearing This is to provide a new definition to include clinics Council member Melass asked for the difference between a doctors office and a clinic Sherri Russell stated that the actual definition is wide enough to include clinics The Planning Commission did not see a difference between medical office and clinic Mr Yenne stated that staff has always thought a medical office and clinic were the same The owners of the new dental clinic wanted staff to be sure of the definition so the clarification is before Council Mayor Rinehart closed the public hearing at 635 pm PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS Mayor Rinehart opened the public hearing at 636 pm Mr Yenne stated that staff had not interpreted this section properly in the past This is for clarification and will reflect the practice staff has been doing for the last several years Sherri Russell stated this will require the Planning Commission to approve a cross access agreement and verify that the parking meets requirements Mayor Rinehart closed the public hearing at 638 pm DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $8000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015 IN LAKE JACKSON Mr Mundo stated that Mr Luna has reduced his request to $2500 Mr Luna met with Mr Bubnick at the softball field and decided that would not be the right venue They have moved the concert to Freeport but Mr Luna still wanted to request funding from Lake Jackson Mr Luna stated they would push for attendees to stay in Lake Jackson This item died for lack of motion DISCUSS AND CONSIDER REQUEST FROM HEB TO REMOVECUTBACK FOLIAGE AT THEIR ENTRANCE IN CITY PARKWAY ON OAK DRIVE AT CENTER WAY Mr Yenne stated that he and Mr Aguirre met with representatives from HEB to discuss removing the foliage along the Oak Drive parkway In negotiating the PUD with HEB one of the things excepted was the requirement for parking lot screening One of the reasons for that exception was that the city already had foliage in the parkway It is not their big sign they are worried about Their big sign will be on an outparcel closest to Circle Way They are requesting removal of some of the red tip photinia plants in the city parkway 100 feet on either side of Center Way Mr Yenne stated that the plants were placed in the

parkway by the Beautification Commission in the 1980rsquos He suggested that if they would like to remove the plants they come back in with the typically required 3 foot high parking lot screening There was no one present from HEB Council member Roznovsky felt the sign was of no value and they have been given the exception of the large sign that could be seen from the highway Mayor Rinehart asked if the photinias could be trimmed back Jeremy Bubnick stated that the shrubs would not survive being trimmed back to that degree Council member Roznovsky felt the berms or parking lot screening needed to be in place prior to the current shrubs coming down Consensus of Council was to keep some sort of screening if the photinias come down then new shrubs needed to be planted DISCUSS AND CONSIDER AUTHORIZING THE EXECUTION AN AGREEMENT WITH THE CITY OF CLUTE AND DEDEN SERVICES LLC FOR THE PLACEMENT OF A WATER LINE IN CITY RIGHT OF WAY ON OYSTER CREEK DRIVE FOR CLUTErsquoS WOODSHORE DEVELOPMENT The engineerrsquos for Clutersquos new development would like to place Clutersquos new waterline in the Oyster Creek Drive right-of-way This placement will save some mature trees on their property The city needs two separate agreements to do this one with Clute and one with the contractor Council asked that Ms Russell draw up the contracts On motion by Council member Brooks second by Council member Roznovsky with all members present voting aye authorization was granted for the execution of an agreement with the city of Clute and Deden Services LLC for the placement of a water line in the city right of way on Oyster Creek Drive for Clutes Woodshore development APPROVE THE LAKE JACKSON POLICE DEPARTMENT ANNUAL REPORT Rick Park Police Chief introduced is staff Chris Anderson Paul Kibodeaux Mike Bailey and Bryan Sidebottom Chief Park presented the Police Department Annual Report Council thanked the Chief for his report and the good job the police department does AWARD BID FOR CLEARING AND REMOVING DEBRIS FOR THE 2015 HURRICANE SEASON TO BERGERON EMERGENCY SERVICES AS PRIMARY CONTRACTOR IN AN AMOUNT NOT TO EXCEED $10000000 AND STANDBY CONTRACTS TO ASPLUNDH AS SECONDARY CONTRACTOR TAG GRINDING SERVICES AS TERTIARY CONTRACTOR AND TFR ENTERPRISES INC AS QUATERNARY CONTRACTOR On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo bid was awarded for clearing and removing debris for the 2015 Hurricane Season to Bergeron Emergency Services as primary contractor in an amount not to exceed $10000000 and standby contracts to Asplundh as secondary contractor Tag Grinding Services as tertiary contractor and TFR Enterprises Inc as quaternary contractor Mr Yenne stated that staff is using Bergeron Emergency Services to help with the cleanup of the recent storm debris

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

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NORTH

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KRAFTSMA N COMYtltltIA To-ouos

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Spring TX n3ee

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This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

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O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

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Dri -Ve-hSh1f t o el

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Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

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1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

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19535 Houde Rd Spring TX

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18=1 SALIS UP

David Ondrias

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City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 3: Honor the Texas flag; I allegiance to one state under one

D DISCUSS AND CONSIDER AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES ndash FIRST READING

E DISCUSS AND CONSIDER APPROVAL OF PLAYGROUND EQUIPMENT DESIGNPROPOSAL BY KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARKS OF SPRING TEXAS AT LLOYD MORRISON PARK (SHYPOND PARK) IN AN AMOUNT NOT TO EXCEED $110000

F DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT

G DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY

H UPDATE ON CONSTRUCTION PROJECTS a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

I ITEMS OF COMMUNITY INTEREST

4 ADJOURNMENT The City Council may go into Executive Session on any item listed on the Agenda in accordance with Section 551071 of the Government Code (attorney-client privilege) I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on Friday May 1 2015 at _________ pm

______________________________ Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ___________ day of ________________________ 2015 at __________ a pm

______________________________ Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretarys Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Proclamation I Joe Rinehart by virtue of the authority vested in me as Mayor

Of the City of Lake Jackson Texas do hereby proclaim

May 2015 As

Motorcycle Safety and Awareness Month

In the City of Lake Jackson and urge each and every citizen to become aware of the inherent danger involved in operating

a motorcycle and give the operator the respect on the road they deserve

Whereas todayrsquos society is finding more citizens involved in motorcycling on the roads of our country and Whereas motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers and Whereas campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks injuries and most of all fatalities through a comprehensive approach to motorcycle safety and Whereas it is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists regarding them with the same respect as any other vehicle traveling the highways of this country and Now Therefore We the Mayor and the City Council of the City of Lake Jackson do hereby proclaim May 2015 as Motorcycle Safety and Awareness Month in the City of Lake Jackson Texas

In Testimony whereof witness my hand and seal of the City of Lake Jackson this 4th day of May AD 2015 Joe Rinehart Mayor

City of Lake Jackson

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN that the City Council of the City of Lake Jackson met on Monday April 20 2015 at 630 pm in Regular Session at 25 Oak Drive Lake Jackson Texas in the Council Chambers at the Lake Jackson City Hall with the following in attendance

Joe Rinehart Mayor Gerald Roznovsky Mayor Pro-Tem Buster Buell Council member Will Brooks Council member Heather Melass Council member JB Baker Council member

William P Yenne City Manager Modesto Mundo Asst City Manager Alice A Rodgers City Secretary Pam Eaves Finance Director Sherri Russell City Attorney Sal Aguirre City Engineer Rick Park Police Chief Mike Bailey Lieutenant Paul Kibodeaux Asst Police Chief Bryan Sidebottom Lieutenant Chris Anderson Lieutenant Jeremy Bubnick Parks and Rec Director Randy Crim Fire Marshal Irene McKay Health Officer Michael Coon Asst to City Manager David Walton Building Official

PLEDGE OF ALLEGIANCE Council member Melass led the pledge of allegiance to the American flag and the Texas flag

INVOCATION Council member Buell led the invocation

VISITORS There were no visitors present to speak on a non agenda item

PRESENTATION There were no presentations

CONSENT AGENDA A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 B MINUTES OF BOARDS AND COMMISSIONS

On motion by Council member Brooks second by Council member Baker with all members present voting ldquoayerdquo the consent agenda was approved as follows

A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 - approved B MINUTES OF BOARDS AND COMMISSIONS - accepted

PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A(PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2(COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES Mayor Rinehart opened the public hearing at 632 pm Mr Yenne stated this item came up with a new dental clinic locating in a B-2 zone next to the new HEB This is for clarification and providing for a definition of a clinic Mr Yenne stated that the Planning Commission was to have the first public hearing at their meeting on April 7th but did not have a quorum Council is holding the first public hearing This is to provide a new definition to include clinics Council member Melass asked for the difference between a doctors office and a clinic Sherri Russell stated that the actual definition is wide enough to include clinics The Planning Commission did not see a difference between medical office and clinic Mr Yenne stated that staff has always thought a medical office and clinic were the same The owners of the new dental clinic wanted staff to be sure of the definition so the clarification is before Council Mayor Rinehart closed the public hearing at 635 pm PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS Mayor Rinehart opened the public hearing at 636 pm Mr Yenne stated that staff had not interpreted this section properly in the past This is for clarification and will reflect the practice staff has been doing for the last several years Sherri Russell stated this will require the Planning Commission to approve a cross access agreement and verify that the parking meets requirements Mayor Rinehart closed the public hearing at 638 pm DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $8000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015 IN LAKE JACKSON Mr Mundo stated that Mr Luna has reduced his request to $2500 Mr Luna met with Mr Bubnick at the softball field and decided that would not be the right venue They have moved the concert to Freeport but Mr Luna still wanted to request funding from Lake Jackson Mr Luna stated they would push for attendees to stay in Lake Jackson This item died for lack of motion DISCUSS AND CONSIDER REQUEST FROM HEB TO REMOVECUTBACK FOLIAGE AT THEIR ENTRANCE IN CITY PARKWAY ON OAK DRIVE AT CENTER WAY Mr Yenne stated that he and Mr Aguirre met with representatives from HEB to discuss removing the foliage along the Oak Drive parkway In negotiating the PUD with HEB one of the things excepted was the requirement for parking lot screening One of the reasons for that exception was that the city already had foliage in the parkway It is not their big sign they are worried about Their big sign will be on an outparcel closest to Circle Way They are requesting removal of some of the red tip photinia plants in the city parkway 100 feet on either side of Center Way Mr Yenne stated that the plants were placed in the

parkway by the Beautification Commission in the 1980rsquos He suggested that if they would like to remove the plants they come back in with the typically required 3 foot high parking lot screening There was no one present from HEB Council member Roznovsky felt the sign was of no value and they have been given the exception of the large sign that could be seen from the highway Mayor Rinehart asked if the photinias could be trimmed back Jeremy Bubnick stated that the shrubs would not survive being trimmed back to that degree Council member Roznovsky felt the berms or parking lot screening needed to be in place prior to the current shrubs coming down Consensus of Council was to keep some sort of screening if the photinias come down then new shrubs needed to be planted DISCUSS AND CONSIDER AUTHORIZING THE EXECUTION AN AGREEMENT WITH THE CITY OF CLUTE AND DEDEN SERVICES LLC FOR THE PLACEMENT OF A WATER LINE IN CITY RIGHT OF WAY ON OYSTER CREEK DRIVE FOR CLUTErsquoS WOODSHORE DEVELOPMENT The engineerrsquos for Clutersquos new development would like to place Clutersquos new waterline in the Oyster Creek Drive right-of-way This placement will save some mature trees on their property The city needs two separate agreements to do this one with Clute and one with the contractor Council asked that Ms Russell draw up the contracts On motion by Council member Brooks second by Council member Roznovsky with all members present voting aye authorization was granted for the execution of an agreement with the city of Clute and Deden Services LLC for the placement of a water line in the city right of way on Oyster Creek Drive for Clutes Woodshore development APPROVE THE LAKE JACKSON POLICE DEPARTMENT ANNUAL REPORT Rick Park Police Chief introduced is staff Chris Anderson Paul Kibodeaux Mike Bailey and Bryan Sidebottom Chief Park presented the Police Department Annual Report Council thanked the Chief for his report and the good job the police department does AWARD BID FOR CLEARING AND REMOVING DEBRIS FOR THE 2015 HURRICANE SEASON TO BERGERON EMERGENCY SERVICES AS PRIMARY CONTRACTOR IN AN AMOUNT NOT TO EXCEED $10000000 AND STANDBY CONTRACTS TO ASPLUNDH AS SECONDARY CONTRACTOR TAG GRINDING SERVICES AS TERTIARY CONTRACTOR AND TFR ENTERPRISES INC AS QUATERNARY CONTRACTOR On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo bid was awarded for clearing and removing debris for the 2015 Hurricane Season to Bergeron Emergency Services as primary contractor in an amount not to exceed $10000000 and standby contracts to Asplundh as secondary contractor Tag Grinding Services as tertiary contractor and TFR Enterprises Inc as quaternary contractor Mr Yenne stated that staff is using Bergeron Emergency Services to help with the cleanup of the recent storm debris

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

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l = 30 SALISH~

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This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

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O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

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wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

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City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 4: Honor the Texas flag; I allegiance to one state under one

Proclamation I Joe Rinehart by virtue of the authority vested in me as Mayor

Of the City of Lake Jackson Texas do hereby proclaim

May 2015 As

Motorcycle Safety and Awareness Month

In the City of Lake Jackson and urge each and every citizen to become aware of the inherent danger involved in operating

a motorcycle and give the operator the respect on the road they deserve

Whereas todayrsquos society is finding more citizens involved in motorcycling on the roads of our country and Whereas motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers and Whereas campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks injuries and most of all fatalities through a comprehensive approach to motorcycle safety and Whereas it is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists regarding them with the same respect as any other vehicle traveling the highways of this country and Now Therefore We the Mayor and the City Council of the City of Lake Jackson do hereby proclaim May 2015 as Motorcycle Safety and Awareness Month in the City of Lake Jackson Texas

In Testimony whereof witness my hand and seal of the City of Lake Jackson this 4th day of May AD 2015 Joe Rinehart Mayor

City of Lake Jackson

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN that the City Council of the City of Lake Jackson met on Monday April 20 2015 at 630 pm in Regular Session at 25 Oak Drive Lake Jackson Texas in the Council Chambers at the Lake Jackson City Hall with the following in attendance

Joe Rinehart Mayor Gerald Roznovsky Mayor Pro-Tem Buster Buell Council member Will Brooks Council member Heather Melass Council member JB Baker Council member

William P Yenne City Manager Modesto Mundo Asst City Manager Alice A Rodgers City Secretary Pam Eaves Finance Director Sherri Russell City Attorney Sal Aguirre City Engineer Rick Park Police Chief Mike Bailey Lieutenant Paul Kibodeaux Asst Police Chief Bryan Sidebottom Lieutenant Chris Anderson Lieutenant Jeremy Bubnick Parks and Rec Director Randy Crim Fire Marshal Irene McKay Health Officer Michael Coon Asst to City Manager David Walton Building Official

PLEDGE OF ALLEGIANCE Council member Melass led the pledge of allegiance to the American flag and the Texas flag

INVOCATION Council member Buell led the invocation

VISITORS There were no visitors present to speak on a non agenda item

PRESENTATION There were no presentations

CONSENT AGENDA A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 B MINUTES OF BOARDS AND COMMISSIONS

On motion by Council member Brooks second by Council member Baker with all members present voting ldquoayerdquo the consent agenda was approved as follows

A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 - approved B MINUTES OF BOARDS AND COMMISSIONS - accepted

PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A(PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2(COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES Mayor Rinehart opened the public hearing at 632 pm Mr Yenne stated this item came up with a new dental clinic locating in a B-2 zone next to the new HEB This is for clarification and providing for a definition of a clinic Mr Yenne stated that the Planning Commission was to have the first public hearing at their meeting on April 7th but did not have a quorum Council is holding the first public hearing This is to provide a new definition to include clinics Council member Melass asked for the difference between a doctors office and a clinic Sherri Russell stated that the actual definition is wide enough to include clinics The Planning Commission did not see a difference between medical office and clinic Mr Yenne stated that staff has always thought a medical office and clinic were the same The owners of the new dental clinic wanted staff to be sure of the definition so the clarification is before Council Mayor Rinehart closed the public hearing at 635 pm PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS Mayor Rinehart opened the public hearing at 636 pm Mr Yenne stated that staff had not interpreted this section properly in the past This is for clarification and will reflect the practice staff has been doing for the last several years Sherri Russell stated this will require the Planning Commission to approve a cross access agreement and verify that the parking meets requirements Mayor Rinehart closed the public hearing at 638 pm DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $8000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015 IN LAKE JACKSON Mr Mundo stated that Mr Luna has reduced his request to $2500 Mr Luna met with Mr Bubnick at the softball field and decided that would not be the right venue They have moved the concert to Freeport but Mr Luna still wanted to request funding from Lake Jackson Mr Luna stated they would push for attendees to stay in Lake Jackson This item died for lack of motion DISCUSS AND CONSIDER REQUEST FROM HEB TO REMOVECUTBACK FOLIAGE AT THEIR ENTRANCE IN CITY PARKWAY ON OAK DRIVE AT CENTER WAY Mr Yenne stated that he and Mr Aguirre met with representatives from HEB to discuss removing the foliage along the Oak Drive parkway In negotiating the PUD with HEB one of the things excepted was the requirement for parking lot screening One of the reasons for that exception was that the city already had foliage in the parkway It is not their big sign they are worried about Their big sign will be on an outparcel closest to Circle Way They are requesting removal of some of the red tip photinia plants in the city parkway 100 feet on either side of Center Way Mr Yenne stated that the plants were placed in the

parkway by the Beautification Commission in the 1980rsquos He suggested that if they would like to remove the plants they come back in with the typically required 3 foot high parking lot screening There was no one present from HEB Council member Roznovsky felt the sign was of no value and they have been given the exception of the large sign that could be seen from the highway Mayor Rinehart asked if the photinias could be trimmed back Jeremy Bubnick stated that the shrubs would not survive being trimmed back to that degree Council member Roznovsky felt the berms or parking lot screening needed to be in place prior to the current shrubs coming down Consensus of Council was to keep some sort of screening if the photinias come down then new shrubs needed to be planted DISCUSS AND CONSIDER AUTHORIZING THE EXECUTION AN AGREEMENT WITH THE CITY OF CLUTE AND DEDEN SERVICES LLC FOR THE PLACEMENT OF A WATER LINE IN CITY RIGHT OF WAY ON OYSTER CREEK DRIVE FOR CLUTErsquoS WOODSHORE DEVELOPMENT The engineerrsquos for Clutersquos new development would like to place Clutersquos new waterline in the Oyster Creek Drive right-of-way This placement will save some mature trees on their property The city needs two separate agreements to do this one with Clute and one with the contractor Council asked that Ms Russell draw up the contracts On motion by Council member Brooks second by Council member Roznovsky with all members present voting aye authorization was granted for the execution of an agreement with the city of Clute and Deden Services LLC for the placement of a water line in the city right of way on Oyster Creek Drive for Clutes Woodshore development APPROVE THE LAKE JACKSON POLICE DEPARTMENT ANNUAL REPORT Rick Park Police Chief introduced is staff Chris Anderson Paul Kibodeaux Mike Bailey and Bryan Sidebottom Chief Park presented the Police Department Annual Report Council thanked the Chief for his report and the good job the police department does AWARD BID FOR CLEARING AND REMOVING DEBRIS FOR THE 2015 HURRICANE SEASON TO BERGERON EMERGENCY SERVICES AS PRIMARY CONTRACTOR IN AN AMOUNT NOT TO EXCEED $10000000 AND STANDBY CONTRACTS TO ASPLUNDH AS SECONDARY CONTRACTOR TAG GRINDING SERVICES AS TERTIARY CONTRACTOR AND TFR ENTERPRISES INC AS QUATERNARY CONTRACTOR On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo bid was awarded for clearing and removing debris for the 2015 Hurricane Season to Bergeron Emergency Services as primary contractor in an amount not to exceed $10000000 and standby contracts to Asplundh as secondary contractor Tag Grinding Services as tertiary contractor and TFR Enterprises Inc as quaternary contractor Mr Yenne stated that staff is using Bergeron Emergency Services to help with the cleanup of the recent storm debris

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

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NORTH

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KRAFTSMA N COMYtltltIA To-ouos

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This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

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O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

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Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

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Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

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108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

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EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

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PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

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19535 Houde Rd Spring TX

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City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
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                • HotelMotel Funds
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Page 5: Honor the Texas flag; I allegiance to one state under one

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN that the City Council of the City of Lake Jackson met on Monday April 20 2015 at 630 pm in Regular Session at 25 Oak Drive Lake Jackson Texas in the Council Chambers at the Lake Jackson City Hall with the following in attendance

Joe Rinehart Mayor Gerald Roznovsky Mayor Pro-Tem Buster Buell Council member Will Brooks Council member Heather Melass Council member JB Baker Council member

William P Yenne City Manager Modesto Mundo Asst City Manager Alice A Rodgers City Secretary Pam Eaves Finance Director Sherri Russell City Attorney Sal Aguirre City Engineer Rick Park Police Chief Mike Bailey Lieutenant Paul Kibodeaux Asst Police Chief Bryan Sidebottom Lieutenant Chris Anderson Lieutenant Jeremy Bubnick Parks and Rec Director Randy Crim Fire Marshal Irene McKay Health Officer Michael Coon Asst to City Manager David Walton Building Official

PLEDGE OF ALLEGIANCE Council member Melass led the pledge of allegiance to the American flag and the Texas flag

INVOCATION Council member Buell led the invocation

VISITORS There were no visitors present to speak on a non agenda item

PRESENTATION There were no presentations

CONSENT AGENDA A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 B MINUTES OF BOARDS AND COMMISSIONS

On motion by Council member Brooks second by Council member Baker with all members present voting ldquoayerdquo the consent agenda was approved as follows

A APPROVAL OF MINUTES ndash MARCH 9 amp APRIL 6 2015 - approved B MINUTES OF BOARDS AND COMMISSIONS - accepted

PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A(PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2(COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES Mayor Rinehart opened the public hearing at 632 pm Mr Yenne stated this item came up with a new dental clinic locating in a B-2 zone next to the new HEB This is for clarification and providing for a definition of a clinic Mr Yenne stated that the Planning Commission was to have the first public hearing at their meeting on April 7th but did not have a quorum Council is holding the first public hearing This is to provide a new definition to include clinics Council member Melass asked for the difference between a doctors office and a clinic Sherri Russell stated that the actual definition is wide enough to include clinics The Planning Commission did not see a difference between medical office and clinic Mr Yenne stated that staff has always thought a medical office and clinic were the same The owners of the new dental clinic wanted staff to be sure of the definition so the clarification is before Council Mayor Rinehart closed the public hearing at 635 pm PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS Mayor Rinehart opened the public hearing at 636 pm Mr Yenne stated that staff had not interpreted this section properly in the past This is for clarification and will reflect the practice staff has been doing for the last several years Sherri Russell stated this will require the Planning Commission to approve a cross access agreement and verify that the parking meets requirements Mayor Rinehart closed the public hearing at 638 pm DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $8000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015 IN LAKE JACKSON Mr Mundo stated that Mr Luna has reduced his request to $2500 Mr Luna met with Mr Bubnick at the softball field and decided that would not be the right venue They have moved the concert to Freeport but Mr Luna still wanted to request funding from Lake Jackson Mr Luna stated they would push for attendees to stay in Lake Jackson This item died for lack of motion DISCUSS AND CONSIDER REQUEST FROM HEB TO REMOVECUTBACK FOLIAGE AT THEIR ENTRANCE IN CITY PARKWAY ON OAK DRIVE AT CENTER WAY Mr Yenne stated that he and Mr Aguirre met with representatives from HEB to discuss removing the foliage along the Oak Drive parkway In negotiating the PUD with HEB one of the things excepted was the requirement for parking lot screening One of the reasons for that exception was that the city already had foliage in the parkway It is not their big sign they are worried about Their big sign will be on an outparcel closest to Circle Way They are requesting removal of some of the red tip photinia plants in the city parkway 100 feet on either side of Center Way Mr Yenne stated that the plants were placed in the

parkway by the Beautification Commission in the 1980rsquos He suggested that if they would like to remove the plants they come back in with the typically required 3 foot high parking lot screening There was no one present from HEB Council member Roznovsky felt the sign was of no value and they have been given the exception of the large sign that could be seen from the highway Mayor Rinehart asked if the photinias could be trimmed back Jeremy Bubnick stated that the shrubs would not survive being trimmed back to that degree Council member Roznovsky felt the berms or parking lot screening needed to be in place prior to the current shrubs coming down Consensus of Council was to keep some sort of screening if the photinias come down then new shrubs needed to be planted DISCUSS AND CONSIDER AUTHORIZING THE EXECUTION AN AGREEMENT WITH THE CITY OF CLUTE AND DEDEN SERVICES LLC FOR THE PLACEMENT OF A WATER LINE IN CITY RIGHT OF WAY ON OYSTER CREEK DRIVE FOR CLUTErsquoS WOODSHORE DEVELOPMENT The engineerrsquos for Clutersquos new development would like to place Clutersquos new waterline in the Oyster Creek Drive right-of-way This placement will save some mature trees on their property The city needs two separate agreements to do this one with Clute and one with the contractor Council asked that Ms Russell draw up the contracts On motion by Council member Brooks second by Council member Roznovsky with all members present voting aye authorization was granted for the execution of an agreement with the city of Clute and Deden Services LLC for the placement of a water line in the city right of way on Oyster Creek Drive for Clutes Woodshore development APPROVE THE LAKE JACKSON POLICE DEPARTMENT ANNUAL REPORT Rick Park Police Chief introduced is staff Chris Anderson Paul Kibodeaux Mike Bailey and Bryan Sidebottom Chief Park presented the Police Department Annual Report Council thanked the Chief for his report and the good job the police department does AWARD BID FOR CLEARING AND REMOVING DEBRIS FOR THE 2015 HURRICANE SEASON TO BERGERON EMERGENCY SERVICES AS PRIMARY CONTRACTOR IN AN AMOUNT NOT TO EXCEED $10000000 AND STANDBY CONTRACTS TO ASPLUNDH AS SECONDARY CONTRACTOR TAG GRINDING SERVICES AS TERTIARY CONTRACTOR AND TFR ENTERPRISES INC AS QUATERNARY CONTRACTOR On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo bid was awarded for clearing and removing debris for the 2015 Hurricane Season to Bergeron Emergency Services as primary contractor in an amount not to exceed $10000000 and standby contracts to Asplundh as secondary contractor Tag Grinding Services as tertiary contractor and TFR Enterprises Inc as quaternary contractor Mr Yenne stated that staff is using Bergeron Emergency Services to help with the cleanup of the recent storm debris

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

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NORTH

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KRAFTSMA N COMYtltltIA To-ouos

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Spring TX n3ee

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This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

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O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

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Dri -Ve-hSh1f t o el

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Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

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1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

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19535 Houde Rd Spring TX

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18=1 SALIS UP

David Ondrias

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City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

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      • CONSENT AGENDA
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          • kljb min 031715
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                                        • Project Updates
Page 6: Honor the Texas flag; I allegiance to one state under one

PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A(PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2(COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES Mayor Rinehart opened the public hearing at 632 pm Mr Yenne stated this item came up with a new dental clinic locating in a B-2 zone next to the new HEB This is for clarification and providing for a definition of a clinic Mr Yenne stated that the Planning Commission was to have the first public hearing at their meeting on April 7th but did not have a quorum Council is holding the first public hearing This is to provide a new definition to include clinics Council member Melass asked for the difference between a doctors office and a clinic Sherri Russell stated that the actual definition is wide enough to include clinics The Planning Commission did not see a difference between medical office and clinic Mr Yenne stated that staff has always thought a medical office and clinic were the same The owners of the new dental clinic wanted staff to be sure of the definition so the clarification is before Council Mayor Rinehart closed the public hearing at 635 pm PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS Mayor Rinehart opened the public hearing at 636 pm Mr Yenne stated that staff had not interpreted this section properly in the past This is for clarification and will reflect the practice staff has been doing for the last several years Sherri Russell stated this will require the Planning Commission to approve a cross access agreement and verify that the parking meets requirements Mayor Rinehart closed the public hearing at 638 pm DISCUSS AND CONSIDER REQUEST FROM JIM LUNA FOR FUNDS FROM THE HOTEL MOTEL FUND IN THE AMOUNT OF $8000 FOR A PERFORMANCE BY LOS KUMBIA KINGS (SELENArsquoS BROTHERrsquoS BAND) ON JUNE 20 2015 IN LAKE JACKSON Mr Mundo stated that Mr Luna has reduced his request to $2500 Mr Luna met with Mr Bubnick at the softball field and decided that would not be the right venue They have moved the concert to Freeport but Mr Luna still wanted to request funding from Lake Jackson Mr Luna stated they would push for attendees to stay in Lake Jackson This item died for lack of motion DISCUSS AND CONSIDER REQUEST FROM HEB TO REMOVECUTBACK FOLIAGE AT THEIR ENTRANCE IN CITY PARKWAY ON OAK DRIVE AT CENTER WAY Mr Yenne stated that he and Mr Aguirre met with representatives from HEB to discuss removing the foliage along the Oak Drive parkway In negotiating the PUD with HEB one of the things excepted was the requirement for parking lot screening One of the reasons for that exception was that the city already had foliage in the parkway It is not their big sign they are worried about Their big sign will be on an outparcel closest to Circle Way They are requesting removal of some of the red tip photinia plants in the city parkway 100 feet on either side of Center Way Mr Yenne stated that the plants were placed in the

parkway by the Beautification Commission in the 1980rsquos He suggested that if they would like to remove the plants they come back in with the typically required 3 foot high parking lot screening There was no one present from HEB Council member Roznovsky felt the sign was of no value and they have been given the exception of the large sign that could be seen from the highway Mayor Rinehart asked if the photinias could be trimmed back Jeremy Bubnick stated that the shrubs would not survive being trimmed back to that degree Council member Roznovsky felt the berms or parking lot screening needed to be in place prior to the current shrubs coming down Consensus of Council was to keep some sort of screening if the photinias come down then new shrubs needed to be planted DISCUSS AND CONSIDER AUTHORIZING THE EXECUTION AN AGREEMENT WITH THE CITY OF CLUTE AND DEDEN SERVICES LLC FOR THE PLACEMENT OF A WATER LINE IN CITY RIGHT OF WAY ON OYSTER CREEK DRIVE FOR CLUTErsquoS WOODSHORE DEVELOPMENT The engineerrsquos for Clutersquos new development would like to place Clutersquos new waterline in the Oyster Creek Drive right-of-way This placement will save some mature trees on their property The city needs two separate agreements to do this one with Clute and one with the contractor Council asked that Ms Russell draw up the contracts On motion by Council member Brooks second by Council member Roznovsky with all members present voting aye authorization was granted for the execution of an agreement with the city of Clute and Deden Services LLC for the placement of a water line in the city right of way on Oyster Creek Drive for Clutes Woodshore development APPROVE THE LAKE JACKSON POLICE DEPARTMENT ANNUAL REPORT Rick Park Police Chief introduced is staff Chris Anderson Paul Kibodeaux Mike Bailey and Bryan Sidebottom Chief Park presented the Police Department Annual Report Council thanked the Chief for his report and the good job the police department does AWARD BID FOR CLEARING AND REMOVING DEBRIS FOR THE 2015 HURRICANE SEASON TO BERGERON EMERGENCY SERVICES AS PRIMARY CONTRACTOR IN AN AMOUNT NOT TO EXCEED $10000000 AND STANDBY CONTRACTS TO ASPLUNDH AS SECONDARY CONTRACTOR TAG GRINDING SERVICES AS TERTIARY CONTRACTOR AND TFR ENTERPRISES INC AS QUATERNARY CONTRACTOR On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo bid was awarded for clearing and removing debris for the 2015 Hurricane Season to Bergeron Emergency Services as primary contractor in an amount not to exceed $10000000 and standby contracts to Asplundh as secondary contractor Tag Grinding Services as tertiary contractor and TFR Enterprises Inc as quaternary contractor Mr Yenne stated that staff is using Bergeron Emergency Services to help with the cleanup of the recent storm debris

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

gtCALI

l = 30 SALISH~

David Ondrios

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This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

~rchitectmicroral and tronsoortashyori ~arn~rshcomri11qnlte f oaru with t e add11ion o

O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

IAICiiWW-n~Jlt4~~41-1ilit=4yen=~~1~w=WmW$ampJTtt4W~lJotr=tW ~1=1Cmiddot=~==ru~~middot~~

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lltRAFTSMAH laquoIMMlllCWl ~YGAOUMOS

wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

1~ 15 i L --

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City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 7: Honor the Texas flag; I allegiance to one state under one

parkway by the Beautification Commission in the 1980rsquos He suggested that if they would like to remove the plants they come back in with the typically required 3 foot high parking lot screening There was no one present from HEB Council member Roznovsky felt the sign was of no value and they have been given the exception of the large sign that could be seen from the highway Mayor Rinehart asked if the photinias could be trimmed back Jeremy Bubnick stated that the shrubs would not survive being trimmed back to that degree Council member Roznovsky felt the berms or parking lot screening needed to be in place prior to the current shrubs coming down Consensus of Council was to keep some sort of screening if the photinias come down then new shrubs needed to be planted DISCUSS AND CONSIDER AUTHORIZING THE EXECUTION AN AGREEMENT WITH THE CITY OF CLUTE AND DEDEN SERVICES LLC FOR THE PLACEMENT OF A WATER LINE IN CITY RIGHT OF WAY ON OYSTER CREEK DRIVE FOR CLUTErsquoS WOODSHORE DEVELOPMENT The engineerrsquos for Clutersquos new development would like to place Clutersquos new waterline in the Oyster Creek Drive right-of-way This placement will save some mature trees on their property The city needs two separate agreements to do this one with Clute and one with the contractor Council asked that Ms Russell draw up the contracts On motion by Council member Brooks second by Council member Roznovsky with all members present voting aye authorization was granted for the execution of an agreement with the city of Clute and Deden Services LLC for the placement of a water line in the city right of way on Oyster Creek Drive for Clutes Woodshore development APPROVE THE LAKE JACKSON POLICE DEPARTMENT ANNUAL REPORT Rick Park Police Chief introduced is staff Chris Anderson Paul Kibodeaux Mike Bailey and Bryan Sidebottom Chief Park presented the Police Department Annual Report Council thanked the Chief for his report and the good job the police department does AWARD BID FOR CLEARING AND REMOVING DEBRIS FOR THE 2015 HURRICANE SEASON TO BERGERON EMERGENCY SERVICES AS PRIMARY CONTRACTOR IN AN AMOUNT NOT TO EXCEED $10000000 AND STANDBY CONTRACTS TO ASPLUNDH AS SECONDARY CONTRACTOR TAG GRINDING SERVICES AS TERTIARY CONTRACTOR AND TFR ENTERPRISES INC AS QUATERNARY CONTRACTOR On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo bid was awarded for clearing and removing debris for the 2015 Hurricane Season to Bergeron Emergency Services as primary contractor in an amount not to exceed $10000000 and standby contracts to Asplundh as secondary contractor Tag Grinding Services as tertiary contractor and TFR Enterprises Inc as quaternary contractor Mr Yenne stated that staff is using Bergeron Emergency Services to help with the cleanup of the recent storm debris

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

gtCALI

l = 30 SALISH~

David Ondrios

C I ~sect c I a

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I o a

This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

~rchitectmicroral and tronsoortashyori ~arn~rshcomri11qnlte f oaru with t e add11ion o

O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

IAICiiWW-n~Jlt4~~41-1ilit=4yen=~~1~w=WmW$ampJTtt4W~lJotr=tW ~1=1Cmiddot=~==ru~~middot~~

wwwkppecom

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wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

1~ 15 i L --

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LlLv-9SE-oos-T I woJJU-P

City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 8: Honor the Texas flag; I allegiance to one state under one

DISCUSS AND CONSIDER A RESOLUTION DENYING CENTERPOINT HOUSTON ELECTRICrsquoS APPLICATION FOR A RATE INCREASE This resolution concerns electric rates On April 6 2015 CenterPoint filed a Distribution Cost Recovery Factor (DCRF) application with all cities in the Houston area A DCRF is an expedited mini-rate case to allow electric utilities to raise distribution rates Distribution rates cover the cost of overhead and underground electric lines CenterPoint is seeking a 167 million dollar increase which comes to 31cent on an average residential bill Street lights and commercial customers will also be affected GCCC (Gulf Coast Cities Coalition of which Lake Jackson is a part) will hire a consultant to review the Companyrsquos filing GCCC recommends that all GCCC members adopt the Resolution denying the rate change Once the resolution is adopted it will be consolidated with other cases CenterPoint has in front of the PUC Failure to pass the resolution denying the rate increase means that the increase will become effective September 1 2015 On motion by Council member Roznovsky second by Council member Buell with all members present voting ldquoayerdquo a resolution denying Centerpoint Houston Electrics application for a rate increase was passed DISCUSS AND CONSIDER AMENDING CHAPTER 38 ENVIRONMENT TO UPDATE THE PROCEDURES FOR THE ABATEMENT OF JUNKED VEHICLES Tina Doyle Code Enforcement Officer was present to answer any questions Ms Russell stated that the current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance Also the ordinance better defines the difference between a junked vehicle and a classic vehicle Council member Roznovsky asked if this included junked RVrsquos Ms Russell stated this included RVrsquos trailers and boats On motion by Council member Roznovsky second by Council member Melass with all members present voting aye Council asked that this be brought back in ordinance form UPDATE ON GRANT SUBMITTAL TO TXDOT FOR SH 332 SIDEWALK PROJECT BETWEEN SH288 AND DIXIE DRIVE Mr Mundo stated that he and Mr Aguirre met with the area engineer for TxDot 10 days ago The area office gave a verbal agreement that they would provide the engineering services He spoke with environmental and found the fonzie report needed to be updated We have been able to get several letters of support They are phasing project with first year city portion being $310000 and $100000 in the second year This will be discussed at the CIP meeting on April 27 2015 DISCUSS AUTHORIZING THE MAYOR TO SIGN A LETTER ASKING THE STATE LEGISLATURE TO PROVIDE AT LEAST $5 BILLION IN TRANSPORTATION FUNDING The state legislature has two pending bills that will provide a transportation funding mechanism TML President Martinez is asking cities to send a letter to house representatives that shows support for both of these bills

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

gtCALI

l = 30 SALISH~

David Ondrios

C I ~sect c I a

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~ ~ ~

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~ 18 ~

I o a

This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

~rchitectmicroral and tronsoortashyori ~arn~rshcomri11qnlte f oaru with t e add11ion o

O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

IAICiiWW-n~Jlt4~~41-1ilit=4yen=~~1~w=WmW$ampJTtt4W~lJotr=tW ~1=1Cmiddot=~==ru~~middot~~

wwwkppecom

lltRAFTSMAH laquoIMMlllCWl ~YGAOUMOS

wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

1~ 15 i L --

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o o Z c += -~ ~o o t ~ 0 lo

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LlLv-9SE-oos-T I woJJU-P

City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 9: Honor the Texas flag; I allegiance to one state under one

On motion by Council member Roznovsky second by Council member Brooks with all members present voting ldquoayerdquo authorization was granted for the Mayor to sign a letter asking the State Legislature to provide at least $5 billion in transportation funding DISCUSS AND CONSIDER TRAFFIC COMMISSION RECOMMENDATIONS NEW TRANSITION ON PLANTATION DRIVE AT OLEANDER Mr Yenne reviewed the Plantation Drive transition at Oleander He stated that it has been decided to place a crossover at Loganberry Mayor Rinehart stated he was not in favor of this He thought this would cause problems for those residents on Oleander He would rather see a transition at Silverlace On motion by Council member Roznovsky second by Council member Brooks with 5 members present voting aye and Mayor Rinehart voting nay motion passed to proceed with the transition of Plantation Drive to take place at Oleander PARKING SIGNAGE AND STRIPING AT MACLEANRECREATION CENTERRASCO Mr Yenne stated this is an ongoing problem with parents picking up their kids in the afternoons using the MacLean Park Road as a pick up point The suggestion from the Traffic Commission is to put in signs that say ldquono parking or standingrdquo along the park road up to the second entrance to the Recreation Center On motion by council member Roznovsky second by council member Brooks with all present voting aye to approve the traffic commission recommendation to extend the striping or place signage at MacLean Park to help with the pickup of school kids in the afternoons UPDATE ON CONSTRUCTION PROJECTS

a CONSTRUCTION FUNDS FINANCIAL UPDATE b SIDEWALK PROJECTS c UTILITY REPAIR PROJECTS d DRAINAGE REPAIR PROJECTS e SOUTH PARKING PLACE PROJECT f MASTER PLAN UPDATE

Sal Aguirre introduced Eddie Herrera as a new staff member to the Engineering Department Mr Herrera worked in the utility department of the city ITEMS OF COMMUNITY INTEREST Council member Brooks asked if it would be a major cost to improving the yard at the Mulch Site to keep cars from getting stuck Mr Yenne stated that Robert Stark has material that could possibly work Council member Melass asked if there were responses from Centerpoint on contact numbers Mr Yenne stated that contact numbers have been received Council member Melass requested minutes of boards and commissions that rarely meet Council member Melass reminded everyone that the Taste of the Town is April 26th Council member Baker asked if the landscaping is going back in the median in front of the mall Mr Yenne stated that is part of the Governorrsquos award project He was not sure if landscaping would be going back in that area Mr Mundo said he would provide drawings to City Council Mayor Rinehart stated Modesto Rick Alice Bryan and the Utility Crews did a Yemenrsquos job last Friday

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

gtCALI

l = 30 SALISH~

David Ondrios

C I ~sect c I a

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~ ~ ~

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~ 18 ~

I o a

This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

~rchitectmicroral and tronsoortashyori ~arn~rshcomri11qnlte f oaru with t e add11ion o

O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

IAICiiWW-n~Jlt4~~41-1ilit=4yen=~~1~w=WmW$ampJTtt4W~lJotr=tW ~1=1Cmiddot=~==ru~~middot~~

wwwkppecom

lltRAFTSMAH laquoIMMlllCWl ~YGAOUMOS

wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

1~ 15 i L --

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o o Z c += -~ ~o o t ~ 0 lo

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LlLv-9SE-oos-T I woJJU-P

City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 10: Honor the Texas flag; I allegiance to one state under one

Mayor Rinehart announced the city was granted the Distinguished Budget Award for the 23rd year in a row ADJOURNMENT There being no further business the meeting adjourned at 800 pm These minutes read and approved this ______ day of _____________________________ 2015

___________________________________

Joe Rinehart Mayor _________________________________ Alice A Rodgers City Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

gtCALI

l = 30 SALISH~

David Ondrios

C I ~sect c I a

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I o a

This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

~rchitectmicroral and tronsoortashyori ~arn~rshcomri11qnlte f oaru with t e add11ion o

O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

IAICiiWW-n~Jlt4~~41-1ilit=4yen=~~1~w=WmW$ampJTtt4W~lJotr=tW ~1=1Cmiddot=~==ru~~middot~~

wwwkppecom

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wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

1~ 15 i L --

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LlLv-9SE-oos-T I woJJU-P

City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
  • Council Agenda 050415
  • PRESENTATIONS
    • Proclamation - Motorcycle Safety
      • CONSENT AGENDA
        • Council Minutes
        • Boards and Commissions
          • kljb min 031715
          • ljdc min 021915
          • pb min 021715
          • pc min 030315
          • planners agenda 050515
          • eng memo 050515
          • sc min 032315
          • yac min 031615
              • REGULAR AGENDA
                • HotelMotel Funds
                • Art Festival Directional Signs
                  • Email Request
                  • Press Release
                  • Street Map
                  • Sign
                    • The Alliance
                      • Email Request
                        • Ordinance - Junked Vehicles
                          • Ordinance
                          • Current Ordinance
                            • Morrison Park Playground Equipment
                              • Map
                              • Equipment Pictures
                                • ERCOT ballot
                                  • Letter
                                  • Ballot
                                    • Resolution Opposing SB1639
                                      • TML Letter
                                      • Resolution
                                      • SB 1639
                                        • Project Updates
Page 11: Honor the Texas flag; I allegiance to one state under one

STATE OF TEXAS

COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Keep Lake Jackson Beautiful Commission met in regular session on Tuesday March 17 2015 600 pm in the Conference Room at Lake Jackson City Hall Lake Jackson Texas with the following present Amy Tasto Chairman Mitchell Jacobs Sharon OrsquoNeill Mike Coburn Vice Chair Constance Adams Shirley Ann Miller Secretary Darren Merritt Also present Debby Soltesz Past Chair Buster Buell City Council Liaison

Terri Cardwell Volunteer Coordinator Bryce Carleton Parks Supt

CALL MEETING TO ORDER Amy Tasto called the meeting to order at 605 pm APPROVAL OF MINUTES On a motion by Constance Adams second by Darren Merritt with all voting ldquoayerdquo the minutes of the February 2015 meeting were approved as written SERVOLUTION SERVOLUTION was held on Sunday March 1 2015 with the kick off at 900 am Due to all the rain the Keep Lake Jackson Beautiful project was cancelled Rain did not hamper some of the planting projects Volunteers worked on 6 projects in the City of Lake Jackson including planting trees along Lake Road and Oyster Creek Drive at Jasmine Hall and Shadow Glen Park More than 130 trees were planted in less than 4 hours Over 1000 volunteers participated with Brazos Pointe Fellowship Church ldquoDONrsquoT MESS WITH TEXASrdquo TRASH OFF The ldquoDonrsquot Mess with Texas TrashndashOffrdquo will be held on Saturday April 11 2015 Members discussed having the event at the Xeriscape Park This event will take place beginning at 800 am to 1100 am It will include litter pickup cleanup and planting at the Xeriscape Park Since we were late discussing inviting businesses we will include them next year in our Spring cleanup activities T-shirts will be provided by BASF we will have donuts and water provided by Keep America Beautiful Letters were sent to each Lake Jackson School for the Campus Cleanup program for the trash-off Each campus would be able to participate by cleaning their campus then do an environmental project for the grand prize money If the school turns in their report with numbers and photos of the campus cleanup they will receive a check for $25000 If they do an environmental project they have a chance at the grand prize of $50000 O M Roberts was the grand prize win of the first Campus Cleanup award As part of the Great American Cleanup activities KLJB will hold an Arbor Day Celebration with 100 Live Oak trees being distributed at the City of Lake Jackson Easter Egg Hunt on Thursday April 2nd Carrot eggs will have a ldquofreerdquo sticker on them telling the children they have won an ldquoArbor Dayrdquo tree KLJB will have a booth with the trees available for pickup outside the gate

BISD PreK Charlie Chipper ldquoRecycle Round Uprdquo programs have been set up for the month of April A list of dates will be emailed to Board Members for participation in these programs BUDGET GOALS amp OBJECTIVES KLJB members discussed the accomplishments for the 2014-2015 year and goals for the coming year There have been more projects and plantings within the past year as the City continues to grown and we plant more and use more color around the City It was discussed to add $5000 to our planting budget since it was cut when Beautification Commission was combined with Keep Lake Jackson Beautiful Everything else will stay the same Members discussed accomplishments such as Charlie Chippers birthday and the signs that BISD students signed for the cleanup continuation of the ldquoBusiness Partnerrdquo Program working at the Xeriscape Park plantings at City Hall Arbor Day tree give away BISD PreK programs and our KTB amp KAB awards Goals for the coming year included compiling a list of resources and recycling specialties from our local retailers surveying our businesses about our landscape ordinance and continuing to increase our involvement with BISD Members discussed the KLJB standards and Terri Cardwell will compile all the goals accomplishments and objectives for the April meeting for final approval REPORT ON AREAS OF RESPONSIBILITIES Amy discussed the Areas of Responsibilities and asked members to turn in any reports ITEMS OF COMMUNITY INTEREST Mike Coburn reported that Rotary would be holding a planting project with the Gulf Coast Bird Observatory on Saturday at 930 am Volunteers are welcome to participate SET NEXT MEETING DATE The next meeting was set for April 21 2015 ADJOURNED The meeting was adjourned into workshop at 720 pm These minutes read and approved this__________________day of _________________________ 2015 ___________________________________ Amy Tasto Chairman ___________________________________ Shirley Ann Miller Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Development Corporation of the City of Lake Jackson met in Regular Session on Thursday February 19 2015 at 1100 AM at Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following present Gary Rodgers Chair William P Yenne City Manager Gerald Roznovsky Vice Chair Alice A Rodgers City Secretary Jason Chavez Modesto Mundo Asst City Manager David Nicks Sherri Russell City Attorney Rod Hall Michael Coon Asst to City Manager Patty Sayes Heather Melass Council member Ron Cox Ron Cox Consulting Mr Rodgers introduced Michael Coon Assistant to the City Manager APPROVAL OF MINUTES ndash DECEMBER 11 2014 On motion by Gerald Roznovsky second by Rod Hall with all members present voting ldquoayerdquo the minutes of the December 11 2014 meeting were approved as presented

DISCUSS MISSION GOALS OBJECTIVES AND ROLE OF THE LAKE JACKSON DEVELOPMENT CORPORATION Ron Cox Ron Cox Consulting presented the following Strategic Plan outlining the goals objectives and roles of the LJDC This plan is the work and result of 3 workshops by the LJDC held on November 24 2015 January 29 2015 and February 19 2015 Lake Jackson Vision Statement ndash Our Vision is to create an ideal community to live work and play for all Lake Jackson Mission Statement - It is the Mission of the City of Lake Jackson to be a leader among cities and in the region at large in delivering outstanding quality services to all citizens through innovative and efficient use of resources Economic Development Corporation Mission Statement - It is the mission of the LJEDC to use proactive strategies and all available resources to promote economic growth and market Lake Jackson as the premier city to live work and play Mission Elements

bull Encouraging an entrepreneurial spirit bull Marketing the city bull Promoting quality of life bull Attracting primary jobs

Economic Development Strategies

Encouraging an Entrepreneurial Spirit bull Establish a proactive business culture within the City of Lake Jackson organization

o Prepare a ldquoNew Business Packetrdquo for each prospect outlining the advantages and amenities of Lake Jackson as well as the process for obtaining permits

bull Establish a process for entrepreneurial mentoring and technical assistance (Lightening Teams) within the City

Marketing the City

bull Prepare a comprehensive promotional campaign to market the City of Lake Jackson o Create a brand for the City o Create a visual (media) campaign showing the advantages and amenities of the City o Market various events in the City on a wide basis to attract outside visitors o Develop an upscale promotional packet of information to market the City of Lake Jackson

Promoting Quality of Life

bull Be known as ldquobusiness friendlyrdquo in Lake Jackson o Establish a process of consistency for dealing with economic development matters

bull Establish a process for informing employers ndash to then inform employees ndash about opportunities for housing businesses schools and other quality of life opportunities in Lake Jackson

Attracting Primary Jobs

bull Define and identify the type of primary jobs suitable for Lake Jackson bull Develop a process for actively pursuing primary jobs

APPROVE LJDC STRATEGIC PLAN AND RECOMMEND TO COUNCIL FOR APPROVAL On motion by Heather Melass second by Patty Sayes with all members present voting ldquoayerdquo approval was granted for the LJDC Strategic Plan and recommendation is made to present this to City Council for approval ADJOURNMENT There being no further business the meeting adjourned at 1230 pm These minutes read and approved this the _____ day of _______________________ 2015

____________________________________ Gary Rodgers Chair

_______________________________ Alice A Rodgers City Secretary

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON

BE IT KNOWN that the Parks amp Recreation Board of the City of Lake Jackson met in regular session on TUESDAY FEBRUARY 17 2015 AT 630 PM in the Conference Room at the Recreation Center Lake Jackson City Hall 91 Lake Road Lake Jackson Texas with the following in attendance

Elaine Conley Vice Chairperson Jeremy Bubnick Parks amp Recreation Director David Vavra Mallory Doyle Recreation Assistant David Melass John Blackburn Consultant Alvin Bartek

I PLEDGE OF ALLEGIANCE Led by Elaine Conley

II APPROVAL OF MINUTES

On motion by David Melass second by David Vavra with all members present voting aye the January 27 2015 minutes were approved

III VISITORS

IV DISCUSS CONSIDER POSSIBILITY OF OFFERING PICKLE BALL AS AN ACTIVITY IN ONE OF OUR PARKS David Melass presented to the Parks Board a game called ldquoPickle Ballrdquo in hopes that the City of Lake Jackson could offer a place to play it Jeremy was familiar with this game and that it is pretty popular with seniors He said that we would need a hard surface to play it on A tennis court may be an ideal location for this game however it is a pretty loud game so we may want to consult the surrounding neighbors John mentioned that we really do not have a great existing court to use Jeremy said that it could be played indoors and tape could be put down so as not to have to paint the lines on a court It would not be much cost to get it started Paddles could be purchased and people could rent them from the rec center Jeremy suggested that we temporarily use a racquetball court to see how popular it becomes and then if it did become popular Alvin would like to see it budgeted for a permanent slab behind the rec center Elaine would like to see it advertised Staff will look into purchasing the equipment and setting it up in a racquetball court temporarily

V FOLLOW UP ON DECISION TO CREATE A MASTER PLAN FOR BENCHES ALONG

OYSTER CREEK DRIVE AND IN PARKS Jeremy mentioned that we could go ahead and put benches down with the inset already available for a plaque The slab would measure 16rsquox6rsquox6rdquo with pavers One quote received estimates $3700slab so the total including the bench and slab would be approximately $5000 The pavers could also be removed to make memorial pavers To engrave pavers would be approximately $50 so it would most likely require a $100 donation The concrete beneath the pavers would be about 4rdquo and the pavers would be about 2rdquo The bench would be drilled into the concrete Jeremy recommends that we have a standard bench with plaque price and a slab price and that people have the option to be able to choose out of one of the existing locations Originally John was proposing 160 lamps from 288 to Portulaca St However the bid came back too expensive and changed it to placing them 125

feet apart from each other Bob Pratt suggested that that would not be a good system because your eyes would have to adjust and readjust to the light and dark He recommends to only putting a lamp at each bench and a few extra That would be only 17 lamps and 11 benches The lights would start after the new HEB TXDOT may be interested in funding the 162 lamps which would be around $620000 That would include the benches too amp140000 for just the lamps placed 125 ft apart which does not include installation so it would probably be more like $240000 Staff to continue working on the project

VI UPDATE FROM JANUARY OYSTER CREEK SUBCOMMITTEE MEETING

The Oyster Creek Subcommittee did not meet in February They are waiting on a new Oyster Creek Conservancy Representative to be appointed to take Bob Geterrsquos position Alvin mentioned that the Army Core of Engineers gives permits to build on the creek Mallory to find out from Bob Geter who will be replacing him on the committee

VII ITEMS OF COMMUNITY INTEREST

VIII DIRECTORrsquoS UPDATE

-The scooter signage for the skatepark will be updated Risk management did approve the use of scooters in the park David Vavra suggested inviting the kids that requested it to be present when the new sign was installed -Parks Board members are now new members of NRPA and TRAPS -The new divider is now hanging in the gym It looks great and will only be put down when classes are going on to lengthen itrsquos life span -Upgrading lighting in the gym to LED fixtures and lights around the perimeter of the pools with LEDs it is about a $28000 project that includes and $8000 rebate for turning in the old lights to Centerpoint The new lights will provide about three times the amount of light -The Gardner Campbell Trail sign will be a boulder type sign with the Cityrsquos tree and the name of the trail -The rec center is short two full times staff It has been advertised and will hopefully have an update at the next meeting -Thank you to John Blackburn for all that he has done for the department This was his last meeting -The new Rec Center sign is in front of the rec and we will be relighting it with LED fixtures and putting a color bed in front of it

IX SET NEXT MEETING DATE

The next meeting will be held on Tuesday March 17 2015 at 630pm X ADJOURNMENT

Meeting was adjourned at 725pm

These minutes read and approved this day of 2015

Rachel Seymour Chairperson

Elaine Conley Vice-Chairperson

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Planning Commission of the City of Lake Jackson met in Regular Session on Tuesday March 3 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

Locke Sanders Chairman William P Yenne City Manager Vinay Singhania Vice Chair Michael Coon Asst to the City Manager Jeffrey Gilbert Sal Aguirre City Engineer Harry Sargent Giani Cantu Asst City Secretary Brenda Colegrove Athelstan Sanchez Asst City Engineer

PLEDGE OF ALLEGIANCE Harry Sargent led the pledge of allegiance VISITORS COMMENTS There were no visitor comments on items not on the agenda APPROVAL OF MINUTES The minutes were approved as presented

FINAL REVIEW AND ACTION OF REPLAT OF TRACT 2 RYANrsquoS STEAK HOUSE SUBDIVISION PLAT (119 W HWY 332) Staff review and comments This is the follow up on the preliminary presentation of the proposed outparcel modification to the existing Ryanrsquos site The previous appearance provided them the necessary feedback to proceed with the project plan that would meet the conditions of the board This is the replat of the property to create the individual parcels that would allow for individual signage of the site which is of primary interest to the developer This partition sets off the outparcel from the original tract and provides the frontage to a public right-of-ways as required A cross access and utility sharing agreement will have to be enacted and included prior to finalization All other platting conditions and survey control data have been incorporated for compliance with the cityrsquos final review Staff recommends your consideration for preliminary and final action approval William Kalkman stated they are submitting the final replat of Ryanrsquos Steak House Subdivision being divided for the new retail building The dividing property line is to provide the necessary parking requirements for each lot individually

Mr Aguirre stated that this is a different proposal than the original proposal due to the developer not wanting to do a cross parking agreement They are now submitting a proposal that incorporates sufficient parking count for each lot independently Mr Sargent asked where the pylon signs will be located Mr Aguirre stated that will be seen on the site plan Mr Gilbert asked if there was any additional access being added to account for traffic in and out of Chic-Fil-A and Ryans Mr Aguirre stated there is nothing going in that he is aware of On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye final review and approval of replat of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments This particular project had been brewing for some time and was before you previously on preliminary for feedback and guidance to the developer The reason for the overture was to determine the proposed outparcel cut out effect on the parent tract and their need to have relief from the requirements The original site carve out resulted in parking shortage in the restaurant site and an excess in the retail one Representative from the restaurant and owner presented their arguments for special concessions to the parking space requirements The board gave tentative approval to proceed with site parking requirement exceptions based on the points made After a deliberate lengthy pause by the private parties involved in the sites a change of heart resulted in a repartition of the site into one that avoided the parking shortage in any one site and was able to make both compliant and standing on individual merit The revised subdivision and rearrangement of parking spaces in the site resulted with the restaurant site containing the required 140 spaces based on their seating capacity ratio The retail site space also retained the needed 22 spaces based on their floor area space formula

The remaining requirements of access drainage and utility systems were also assessed individually as to their feasibility and future individual disposition

1 As in the original configuration the infrastructure modifications to the parent site are minimal and limited to the rerouting of existing storm drain pipe run and additional extensions of water and sewer to the new pad The combined two site consideration will require cross access agreements present which are anticipated not to be a problem The drainage implications of the added pad site are considered to be insignificant given the equal impervious surface tradeoff expected These cross site access drainage and utility acknowledgements by Baker Katz the sites owner have been included in the site plan for record

Mr Kalkman presented the final site plan and reviewed the location of the entrance the dumpsters and impervious cover areas

Mr Sargent asked if it was a single retail Mr Kalkman stated that the building will house only a single tenant Mr Sargent asked for the location of the truck access route Mr Kalkman stated that the truck access route is on the left side near the rear doors of the building Further discussion was held on the truck route and how trucks would enter and leave the parking lot Mr Aguirre stated that cross sharing parking agreements is what allows trucks to enter thru other business parking lots Discussion was held on the location of the dumpster Mr Kalkman reported that the dumpster will be enclosed Mr Singhania stated that he didnrsquot like the location of the dumpster or the truck route On motion by Harry Sargent second by Brenda Colegrove with all present members voting aye final review and approval of site plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF RYANrsquoS STEAK HOUSE AND COMMERCIAL OUTPARCEL (LOCATED AT 119 W HWY 332) Staff review and comments

The same condition posed above had similar issues on the landscaping plan of the sites and thus were brought up to you at a previous meeting for your feedback and recommendations Both the original and now modified version of the site breakout remove for the most part the protected tree count in the current plan This removal accounts for 4 ndash 12rdquo - 18rdquo trees with 71 caliper inches of credit out of the tract plan which amounted to a serious challenge to replace within their limited open spaces Of the other landscape requirements remaining the parkingtree screening conditions had to be relaxed for compliance of both sites At the fact finding meeting the developer presented solutions to the tree count loss and replacement by retrofitting planting area cutouts in the existing perimeter paved areas to provide for the required tree screen and count requirement The boardrsquos resolution to the various issues stood as requiring replacement to the 71 caliper inch original condition and allowing the cutout areas to accommodate additional planting locations The shrub screening was removed as a requirement given the existing conditions As a result of the conditions granted the proposed combined but separate landscape plans comes in with the following issues

Ryanrsquos Site Trees removed - 1 = 6 credits (24 calrdquo) Trees preserved - 1 = 1 credits (20 calrdquo) New trees = 24 (72 calrdquo) Total proposed - 25 (92 calrdquo) (net + 68 calrdquo) Total required - 24 Landscape area proposed - 6836 sq ft (102) Landscape area required ndash 6680 sq ft (10) Automatic sprinkler prop - Shrub screening - none (alternate exception)

Of note the change in site configuration from preliminary has removed the initial exception granted of landscape area shortage and left only the shrub screening requirement as the alternate exception condition The net change in tree caliper inch for this site was a 68 inch gain

Retail Site Trees removed - 4 = 12 credits (47 calldquo) Trees preserved - 1 = 1 credits (9 calrdquo) New trees - 4 (12 calrdquo) Total proposed - 5 (21 calrdquo) (net - 26 calrdquo) Total required - 2 Landscape area proposed ndash 2509 sq ft (196) Landscape area required ndash 1287 sq ft (10) Automatic sprinkler prop- Shrub screening - none (alternate exception)

Of note the net loss of caliper tree inside this individual site is 26 caliper inch and does not provide for equal replacement but when taken in combination with the parent site the overall replacement of 84 caliper inch meets your preliminary condition of 71 caliper inch for the site when considered as a single site basis as first brought forth If agreed this will have to be considered as alternate exception condition or as determined otherwise Mr Aguirre reported that this item should be considered an alternate landscape plan Mr Kalkman reported that they are submitting an alternate landscape plan The plan includes the removal of trees in the parking lot and the addition of trees along 332 and 288 within triangle cutouts

Mr Aguirre reported that the original recommendation was for them to replace at least the 71 inch caliper of trees being removed and they have exceeded the amount of caliper trees being replaced Most of the trees were put into the Ryanrsquos lot due to space constraints in the lot of the new business which is the reason for the request of approving an alternate landscape plan Mr Sargent asked what types of trees are being planted Mr Aguirre stated they are including primarily live oak and nuttall oak trees Mr Sargent asked what size sign will be used Mr Kalkman stated the largest size allowed Mr Aguirre stated that the only additional alternate to the landscape plan is the shrub screening that is normally required but is not in the design due to space constraints Mr Singhania asked if the trees in the triangles will be large enough to accommodate the trees Mr Aguirre stated that the trees will acclimatize to the condition and will grow to the area allowed On motion by Brenda Colegrove second by Vinay Singhania with all present members voting aye final review and approval of landscape plan of Tract 2 Ryanrsquos Steak House Subdivision Plat (119 W Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The proposed redevelopment concept came to you back in November primarily as a discussion for feedback on parking a critical development path issue At the time the group recognized that this redevelopment would impact the parent tract significantly and wanted to garner your opinion on feasibility of reduced parking conditions to the Target site At the

time the Traylor Group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The group also made their case to take advantage of the cross parking allowance contained in the zoning ordinance and that had been offered by staff as a possible tool for compliance This understanding and policy by staff had been applied for many years and in other site redevelopment precedents This staff also commented this to you as viable in the same meeting These facts led to the boardrsquos passive discussion and the group and staffrsquos interpretation of you remaining open to this issue for further consideration During the intermission the cityrsquos attorney made staff aware that the cross parking sharing clause in the ordinance was not applicable to this type of site use as prescribed in it She also left a possible opening for the parking variance in these types of situations by applying another section of the ordinance that gives the council the latitude to waive the parking count requirements if agreed We will place this item for council action at their next meeting In the meantime your opinion of this will be given to the council for consideration Also a related item has been placed later in the agenda for further discussion and consideration in the future The current proposed condition for the Target site indicates 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) Once this parking issue is resolved the remaining sites will have smooth sailing regarding this The outparcels proposed site counts meet and exceed the required for their use as follows

Tract 1-B (shop) contains 32 spaces (551k) versus 29 spaces (51k) and Tract 1-C (restaurant) provides 32 spaces (5 sp per seat) versus required 20 spaces (33 per seat)

The remaining civil site conditions and requirements are not expected to become issues of significance and are being resolved in the process until finalization Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated

3 Drainage modifications of site are being evaluated to maintain a no impact to the current conditions 4 Fire protection issues of lanes and hydrants have and will be reconsidered prior to finalrsquo 5 Trash collection issues also have been commented on and will be resolved to cityrsquos satisfaction 6 Sidewalks along road frontages have been addressed in the outparcel sites but none in the Target tract As

proposed the sidewalk on Lake Road remains absent and a gap has been left out between the proposed outparcel ones

Craig Traylor Traylor Group stated that they were present for the official preliminary review and approval Mr Traylor reported that Target has submitted a report and review of their parking ratio studies based on the needs of Target and how they come up with those parking ratios

Mr Sargent asked if the 32 parking ratio applies to Target or the new proposed development Mr Aguirre stated that the park-ing ratio is strictly for Target and the individual developments meet their parking requirements Mr Traylor stated that the individual parking lots for the proposed developments are meeting the requirements and are in fact over the required percentage of parking Mr Aguirre reported that Target is retaining all drives to the parking lot of the Target site and a strip of land that runs on Lake Road for the purposes of keeping their retail sign that is currently situated on the corner of Lake Road and Hwy 332 W as shown on the site plan of the proposed site

Mr Aguirre stated that all utilities will be run thru the existing utilities of the site Minor improvements will be made to sewer however they will also utilize the existing water and sewer lines on the full Target site Mr Sargent asked if the utility system will be a privately maintained system Mr Traylor stated that the system is privately maintained and that manholes will be provided on each end for access on all lots Mr Sargent asked which source of power will be used to power these new developments Mr Aguirre stated that there will be aerial supplied across Lake Road from the existing pole in the Academy center to the corner of the proposed restaurant section Mr Traylor reported that it would go underground from that point Mr Aguirre stated that the other side of the lot will be extending aerial from the Fuddruckers pole and will be taken underground from that point Mr Aguirre continued with his review of the plan and reported that because Target is retaining portions of the lot along the front-age of Lake Road the plan is proposing sidewalks only along HWY 332 W along the property line limits Mr Aguirre advised the board to decide whether that was sufficient whether they wanted to eliminate sidewalks all together or whether they wanted to require Target complete the sidewalk along Lake Road as well Ms Colegrove stated that it was to her understanding that Target had considered adding sidewalk along Lake Road as well Mr Traylor stated that is correct Mr Traylor reported that although he cannot speak for Target at their last meeting with Target representatives Target was willing to help with sidewalks Mr Sargent asked for the location of the dumpsters Mr Traylor pointed out the dumpster locations at the proposed Raising Canes restaurant Mr Sargent asked if it would conflict with truck deliveries Rob Naggar stated that Raising Canes is not open for breakfast therefore he believes deliveries will be done early in the morning Mr Sargent asked for further clarification of truck routes

Mr Traylor stated that trucks will have 3 access points They could come in off Lake Road or 332 W One of the proposals driving the plan is creating a new internal access pathway to help with circulation between and on the tracts The pathway will allow for better ease of traffic flow east and west throughout the tract Mr Sargent stated that the storage would almost have to be on the north side of the restaurant so that trucks will have to access Mr Traylor stated that the final site plan is being clarified however there is designated area for cars to park out of the way if needed On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted Mr Sanders re-opened item regarding site plan of Tract 1 Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) for further discussion Vinay Singhania made a motion to amend the original motion of preliminary approval of the site plan of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) to include the addition of sidewalk along Lake Road and along Hwy 332 and the recommendation to City Council for approval of the parking ratio of 32 for the Target site Brenda Colegrove seconded With all present members voting aye the motion to amend the original motion and make recom-mendation to Council to include the addition of sidewalk along Lake Road and along Hwy 332 W for the entire Target site and allow the parking ration of 32 for the Target site passed PRELIMINARY REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) Staff review and comments This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 ndash 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The configuration of the partition retains all existing easements with the various tracts but retains all public road driveway access with the Target 81 acre tract A realignment of line also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the partition the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated between the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record will be required to be included at finalization of plat All platting requirements and formatting are expected to be met with no issues at final Ms Colegrove asked since Target is retaining the strip of land along Lake Road if there is any way to ensure an agreement from Target to put in the sidewalk Mr Aguirre stated that any condition sidewalk requirements would need to be included in the Site Plan approvals Mr Yenne stated that board could reopen the site plan issue once the issue at hand which is just the replat is resolved On motion by Harry Sargent second by Jeffrey Gilbert with all present members voting aye preliminary approval of the replat of Tract 1 Jackson Square Center Subdivision (Target Tract Outparcel located at Lake Road and Hwy 332) was granted PRELIMINARY REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 Staff review and comments The landscaping plan as currently submitted puts the whole development in a quandary This situation was the result of a misinterpretation of the ordinance and communication lapses The interpretation as indicated in the plan primarily encumbers the Target site while not having much impact on the individual outparcel ones Of particular note the following issues exist in the plans

1 Additional credit for preserving trees are being counted to comply with requirements of site This is not allowed on existing developed and official landscape plans Only a one for one credit is permitted

2 Trees to be removed are unaccounted in the plans and no replacement schedule indicated Staffrsquos estimate only is of 105 cal in trees which will need to be addressed by the board in this discussion

3 Perimeter screening trees are addressed and comply for the most part with some needed adjustment possible There are no shrub or berm options indicated to be retrofitted in the all parcel frontages

4 Irrigation plans for all parcels are unaccounted The various questions left by the misunderstanding and omissions have been brought up for action of the developer and is being discussed with staff prior to the meeting We remain open to the possibility that this can be resolved to some extent but request that you address the items and provide your recommendations of these so they can be incorporated in their final processing of the plan The following plan was submitted

Mr Traylor reported that they are working on a revision that addresses the issue of tree counts due to a misunderstanding of the ordinance They are keeping all existing trees with the exception of any trees that lie within driveways or outparcel development buildings There will be an additional 22 trees provided to account for those trees lost with the driveways and outparcel developments They are at 66 caliper inches The trees will be located along Lake Road and to provide additional parking screening Mr Aguirre stated that there are some trees being removed and unaccounted for in plans However this is also being addressed Mr Aguirre stated that the board would need to decide if they would place a tree count replacement restriction on the approval of the landscape plan This will have to be an alternate plan because of the variations of tree shrub screening in Target parking lot and along Hwy 332 due to the open ditch Mr Traylor stated that due the ditch along Hwy 332 they are proposing to include shrubs inside the property line and they are proposing to reuse the existing 3 foot berm as part of the screening on Hwy 332 Along Lake Road they will be proposing continuous vegetation (trees and bushes) for screening from the corner of the lot up to the existing Target driveway

Mr Aguirre asked for explanation of the irrigation system Mr Traylor stated that the irrigation will be maintained by Target They are proposing hose bibs in the area due to minimal green space within the new development tracts All screening and current landscaping along Hwy 332 and Lake Road will be irrigated and maintained by Target Mr Sanders asked who proposed tenants of the retail development closest to Fuddruckers were Mr Naggar stated they are still discussing possible tenants and they have not reached a decision Discussion was held on the location of trees throughout the development Mr Aguirre stated that one of the main points is the replacement of the trees and whether the board will require the same number of caliper inches Mr Traylor stated that the entire site currently has good healthy trees throughout and to his understanding the required tree count is 38 trees for the Target site There are currently 66 trees which is well over that requirement They are proposing to replace the trees removed during development Mr Singhania asked if there is an agreement with Target to maintain and irrigate the landscaping Mr Naggar stated that it is within the Target agreement that they maintain and irrigate the landscaping Mr Aguirre stated the board needs to consider the alternate conditions be asked for which include the trees screening and hose bib irrigation systems On motion by Brenda Colegrove second by Jeff Gilbert with all present members voting aye preliminary approval of the combined alternate landscape plan to include the discussed exceptions of trees (replacement of trees removed during development) shrubs and screening on existing Target berm on Lake Road and Target property along Hwy 332 and hose and bib irrigation was granted PRELIMINARY AND FINAL REVIEW AND ACTION OF THE DIVER SUBDIVISION PLAT AMENDMENT OF TRACTS RECORDED IN THE COUNTY CLERKS OFFICE AS TRACTS 101A9 101A9A 101A11 101A11B 101A11C (TRI-CITY AUTO ON WILLOW DRIVE) Staff review and comments Jon Diver owner of the Tri City Auto and the adjoining properties has started making expansion to the business and was given permit for this construction under conditions that he provide the city with the necessary drainage analysis and design for the site modification and also that he assemble the various separate unplatted tracts into one tract with an official subdivision plat The drainage analysis and plan have been provided and approved for permit conditions The property is currently comprised of 5 separately described and recorded tracts and will be combined in a subdivision consisting of 2 lots being called the Diver Subdivision One of the lots houses an existing building that has served various B-1 uses in the past and currently an appliance repair shop The larger lot serves the previous mechanic garage facility and the new expansion business with vehicle parking yard All platting formatting and surveying control and content required for plat amendment have been provided and no issues remain Jon Diver stated they are trying to combine the lots for a total of 2 lots on the entire site Mr Sargent asked if there is an impact to the power line running thru the property Mr Aguirre stated that the power lines run over head and it is an easement However the property is still useable by the owner Mr Singhania asked for clarification of the location of the building and what the land is being used for Mr Diver clarified the location of the existing building and reported that the land is being used to complete an extension of the Tri-City Auto garage On motion by Jeffrey Gilbert second by Vinay Singhania with all present members voting aye preliminary and final approval of the Diver Subdivision plat amendment of tracts recorded in the County Clerks office as tracts 101A9 101A9A 101A11 101A11B 101A11C (Tri-city Auto on Willow Drive) was granted

DISCUSS AND CONSIDER REQUEST FROM PACIFIC DENTAL SERVICES FOR PERMIT OF CONDITIONAL USE TO LOCATE A DENTAL CLINIC AND DENTIST OFFICE IN THE HEB PUD ZONE WITH UNDERLYING B-2 ZONING LOCATED AT OYSTER CREEK DRIVE AND OAK DRIVE Staff review and comments This item is being placed primarily to follow the letter of the ordinance and as a lead into the following discussion item in the agenda This type of use has been generally considered a permitted use under a professional office definition and has never been questioned and allowed in most all business and commercial zones in the past and in particular the B-2 downtown business district These zones either prescribe the use of clinic as a permitted one but the B-2 only has it as a conditional one Due to the ordinance requirement that conditional use be brought to the board for granting this particular request is being done Staff had mixed feelings on this being necessary as we had always stamped over these as professional medical office use In order to remove any doubt we are going through the motion of this and passing you related item for future unequivocal determination Mr Yenne stated that this item is coincides with the next item on the agenda The developer is asking for conditional use of the lot to include dental clinics for which the City has always considered to be dental offices Ms Russell stated that clinics are listed separately from professional offices and they are asking for a conditional use permit to avoid any issues with the ordinance wording She sees no reason to deny the request and the next agenda item will address the issue to provide further clarification within the ordinance language On motion by Vinay Singhania second by Jeffrey Gilbert with all present members voting aye approval was granted to Pacific Dental Services for permit of conditional use to locate a dental clinic and dentist office in the HEB PUD zone with underlying B-2 zoning located at Oyster Creek Drive and Oak Drive DISCUSS WHETHER TO ADD A DEFINITION FOR ldquoOFFICESrdquo AND ldquoPROFESSIONAL OFFICESrdquo TO CHAPTER 110 ZONING TO SPECIFY WHAT TYPE OF OFFICES AND MEDICAL FACILITIES ARE ALLOWED IN BUSINESS AND COMMERCIAL ZONES Staff review and comments No additional documents for the definition of ldquoofficerdquo Just describe problem in your memo My suggestion is Recently a developer wished to build a medical clinic in a B-2 zone but the Cityrsquos current zoning ordinance only explicitly permits clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future developers more comfortable we need to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Ms Russell stated that Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and offices and offices buildings (permitted in B-2 C-1 and C-2) however there is no definition for any of them Ms Russell asked the board to decide if they want to make everything an office or list clinics to be allowed in all business and commercial areas Mr Sargent asked if they will specifically differentiate between medical and dental offices Ms Russell stated that would be the boards decision and she would draft it to bring back for public hearing Ms Russell asked if the board saw a difference between a medical office or medical clinic The board stated they did not see any difference between and medical office or medical clinic However they liked the idea of adding the description of a healing arts licensed by the State of Texas to the description It was decided that medical office will be defined as any office of healing arts licensed by the State of Texas including clinics Mr Yenne asked if the board needs to call a public hearing Ms Russell stated it is not necessary and that she will instruct staff to advertise and prepare for public hearing on amending the zoning to include medical offices of healing arts licensed by the State of Texas including clinics in all business and commercial zones at the next meeting

DISCUSS WHETHER TO EXPAND THE TYPES OF BUSINESSES THAT MAY SHARE PARKING SPACES THROUGH CROSS-PARKING AGREEMENTS Staff review and comments This is the follow-up of the predicament created by the literal interpretation of current cross parking sharing clause in the ordinance The city attorney and staff are open to including more users to this mechanism if this provides benefit or not as you may see it For the parking problem I have attached the section of the zoning ordinance to this message for the packet Memo wording Section 110-162 of the zoning ordinance allows certain uses to share parking spaces These uses have to be similar and yet not have the same operating hours There are no provisions for dissimilar uses with different operating hours except that the developer can ask for the parking requirements to be waived Developers in established multi-business sites have asked to use cross-parking agreements but the uses do not fit into the language in 110-162(25) For example a restaurant on an out-pad at the mall or a retail store being built close to a restaurant cannot share parking Staff wants to know if the Commission would like to open the cross-parking agreements to more uses Ms Russell presented Chapter 110-162 of the code of ordinances as follows Sec 110-162 - Parking requirements Off-street parking facilities shall be provided in the following amounts when a building is erected increased by unit increased in dimension or moved

(1)One-family dwellings Two-space garage except as otherwise provided in this chapter

(2)Two-family dwellings (duplexes) Four (4) spaces

(3)Multiple-family dwelling

a Apartment house Two and one-half (2frac12) spaces per living unit

b Townhouses Two (2) spaces per living unit

(4)Roominghouses lodginghouses club rooms fraternity and sorority houses and dormitories One (1) space for every one hundred (100) square feet of floor area

(5)Hotels motels motor lodges trailer courts tourist courts One (1) space for each guest room or trailer space and one (1) space for each two (2) employees (associated commercial club lounge or retail areas require additional spaces see subsection (6)

(6)Dancehall nightclub tavern restaurant lounge skating rink commercial amusement One (1) space for each three (3) persons normally accommodated in the establishment for user not requiring a building one (1) space for each eight hundred (800) square feet of ground area shall be provided

(7)Nursing homes and orphanages One (1) space for each four (4) beds

(8)Hospitals sanatoriums home for the aged and youth home One and one-half (1frac12) spaces per bed or dwelling unit

(9)Office permitted in R-4 zone One (1) space for each three hundred (300) square feet of gross floor area

(10)Theater indoor sport arenas auditoriums other than those incidental to public and private schools One (1) space for each three (3) seats

(11)Stadiums ballparks gymnasium and other outdoor sport arenas One (1) space for each three (3) seats Such parking area or any portion thereof may be located within eight hundred (800) feet of the nearest corner of the property on which the place of assembly is located

(12)Churches assembly facility with fixed seating mortuary or funeral home or other places of worship One (1) space for each three (3) seats in the main auditorium

(13)Retail stores super markets shopping centers

a For buildings of two thousand (2000) square feet or less One (1) space for four hundred (400) square feet of gross floor area

b For buildings in excess of two thousand (2000) square feet of floor area One (1) space for two hundred (200) square feet of gross floor area

(14)Banks savings and loan offices and other general business offices One (1) space for each three hundred (300) square feet of gross floor area

(15)Clinic medical dental or optical One (1) space for each two hundred (200) square feet of gross floor area

(16)Manufacturing warehouses and storage not covered in subsection (13) One (1) space for each one thousand (1000) square feet of floor area plus one (1) space for each four (4) employees

(17)School

a Elementary One (1) space for each nine (9) students

b Junior high One (1) space for each nine (9) students

c Senior high One (1) space for each one and three-quarters (175) students

d Tradevocational One (1) space per student

e Collegeuniversity One (1) space per day student

f Kindergarten One (1) space per eight (8) pupils

(18)Library One (1) space for each three hundred fifty (350) square feet of public area

(19)Community or welfare center One (1) space for each two hundred (200) square feet of floor area

(20)Assembly facility without fixed seating One (1) space for each one hundred (100) square feet of floor area

(21)Bowling alley Six (6) spaces for each line

(22)Other as determined by the planning commission

(23)Off-street parking for uses not specified in this section shall be determined by the planning commission

(24)All parking spaces must be a minimum of nine (9) feet by eighteen (18) feet

(25)All parking spaces required in this section shall be located on the same lot with the building or use served except as follows

a Where an increase in number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served

b No more than fifty (50) percent of the parking spaces required for theaters bowling lanes dancehalls nightclubs or cafes may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

c Not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open used or operated during the same hours as those listed provided however that written agreement thereto is properly executed and filed as specified below

d In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned approved as to form by the city attorney and shall be filed with the application for a building permit

(26) Any or all off-street parking requirements may be waived at the discretion of council where there is reasonable justification for so doing

(27) Any head-in parking or parking on public right-of-way where street width is less than forty-eight (48) feet is prohibited in front of all property

(28) Where there is on-street parking provided those spaces in front of a property may be used by that property plus one-half (frac12) the spaces in the center where there is center parking If there is an esplanade a lot may use the lots abutting and those at the esplanade

(29) The provisions of this section shall not apply to the facilities or parking spaces approved by the city prior to March 1 1981

(30) Whenever a building or use is constructed or changed after December 3 1990 by enlarging the floor area number of employees number of dwelling units seating capacity or otherwise to create a requirement for an increase in the number of parking spaces such spaces shall be provided on the basis of the enlargement or change in use

(Ord No 259 7-17-61 Ord No 69-397 sect 5 7-7-69 Ord No 73-506 sect 1 9-10-73 Ord No 81-780 sect 1 2-23-81 Ord No 90-1143 sect 3 12-3-90 Code 1958 sect 25-7 Ord No 11-1964 sect 2 7-5-2011)

Ms Russell stated that 110-16225(b) and (c) of the ordinance can be interpreted many ways and can be confusing Ms Russell asked the board to advise her of what they are wanting in cross parking agreements and she will draft an amendment to the ordinance Mr Sargent asked if the ordinance referred to cross sharing for businesses that operate at different times of the day Ms Russell stated that was correct however the questions the City is now receiving is to allow cross sharing among business that operate during the same time of days such as the mattress store and steak house development Mr Yenne stated that the board could determine whatever limits they want or allow them to continue taking credits of cross sharing parking as has been done previously Mr Aguirre stated its been allowed at Lowersquos Best Buy and Carinorsquos and at Wal-Mart with the shopping center Ms Russell stated that what the City could use is an actual analysis of the exact number of parking spaces a retail development needs as Target presented to determine the need for cross parking sharing She asked the board to decide if they would like it to state a percentage and not worry about similar uses or similar hours Mr Sargent stated that he doesnrsquot like that fact that the parking requirements were based on area Mr Yenne stated the original parking ordinance took about 18 months however if the board wants to revisit they can create a subcommittee as was originally done to start addressing the issue again Further discussion was held on previous cross parking agreements Mr Yenne asked if the board wanted to give Ms Russell direction on wording for the ordinance and then create a subcommittee to begin addressing the issue again Ms Colegrove stated that there are two different percentages 50 and 80 currently referenced in the code of ordinance Ms Russell stated that is correct Mr Yenne stated that section (c) referencing 80 for churches and schools is accurate for when the school is within the church and they do not operate within the same hours Ms Russell agreed and asked the board to look at only item (b) Mr Gilbert asked for an example where (b) currently exists Mr Sargent asked if b and c could be combined as a case by case basis

Ms Russell asked Mr Aguirre if that would be acceptable for the engineering plans Mr Aguirre stated that the developers do account for the count during the planning phase Mr Traylor stated that the ordinance is kind of vague and the interpretation can be misconstrued However the more direction or clarity given on the planning side the better for the developer What would be helpful for the developer is to simplify the description by using 10 for commercial use instead of dancehall nightclub or cafes Mr Yenne stated that it may not be good to implement that if there was a K-Mart next to a Wal-Mart because it would take up a lot of the parking spaces However because the city requires a high number of parking spots they are trying to make it a little more flexible allowing for a little lax Ms Russell stated that the cross parking works well at Hastings and Fuddruckers and would suggest more generic wording such as ldquoone use could share up to 50 of parking with another upon approval by the planning commissionrdquo Mr Traylor suggested referencing commercial use to avoid confusion on it being allowed for residential developments Ms Colegrove asked where (d) fits into the cross sharing parking Ms Russell stated that (d) references a written agreement she is to approve and confirm that the cross parking agreements are binding and does it have the correct number of spaces is in accordance with the code of ordinance If you have any one of the agreements listed in (b) or (c) than (d) is required Ms Colegrove stated that she agreed (b) needs to be more general Ms Russell stated that she would amend the ordinance to reference no more than 50 can be shared by commercial businesses at the discretion of planning commission Mr Yenne suggested adding the phrase ldquowith reasonable justificationrdquo to item 26 Ms Russell stated that she would add ldquoat the discretion of plannersrdquo to item 26 The board agreed on the proposed wording ITEMS OF COMMUNITY INTEREST Harry Sargent asked about the number of bags allowed to carry on the bus Mr Yenne stated that any issues need to be addressed with Connect Transit Locke Sanders stated that the traffic lights near Bess Brannen Elementary give preference to the traffic crossing 2004 from Northwood area Mr Yenne stated that with the proposed changes to the schools it should address the traffic issues Vinay Singhania asked how the flow is going to work with the lane in front of Lake Jackson Intermediate Mr Yenne explained the flow would begin closer to Oak Drive and switch back within the school property to the existing entrancedrive through Ms Colegrove stated that she did attend the school board meetings and the new concepts are modular with set grades in each building Mr Yenne stated that March 23 2015 will be the Joint Master Plan meeting Mr Sanders asked that the Planning Commission be notified of the CPAC meetings Locke asked when the move in date will be for Dow building Mr Yenne stated that they have started moving in furniture but it would be May Mr Gilbert reported that HEB will be opening in May Mr Yenne stated that he believed it was May 6 SET NEXT MEETING DATE The next meeting was set for April 7 2015

ADJOURN There being no further business the meeting adjourned at 820 pm These minutes read and approved this _____ day of _____________________ 2015 _____________________________ Locke Sanders Chairman ______________________________ Harry Sargent Secretary

NOTICE OF PUBLIC MEETING BE IT KNOWN that the Planning Commission of the City of Lake Jackson will meet in Regular meeting on TUESDAY MAY 5 2015 at 630 pm in the Council Chambers at the Lake Jackson City Hall 25 Oak Drive Lake Jackson Texas with the following agenda

AGENDA A PLEDGE OF ALLEGIANCE B VISITORS COMMENTS C APPROVAL OF MINUTES

At said meeting the Planning Commission will deliberate discuss consider and or take final action on any or all of the following matters

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE)

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT (TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332)

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

6 FINAL REVIEW AND ACTION OF COMBINED LANDSCAPE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332

7 ITEMS OF COMMUNITY INTEREST 8 SET NEXT MEETING DATE 9 ADJOURN

I hereby certify that this Public Notice was placed on the Official Bulletin Board at City Hall on FRIDAY MAY 1 2015 at pm

Alice A Rodgers City Secretary

I hereby certify that this Public Notice was removed from the Official Bulletin Board at City Hall on this the ______ day of ___________________ 2015 at ____________apm

Alice A Rodgers City Secretary

This facility is wheelchair accessible and accessible parking spaces are available Requests for accommodations or interpretive services must be made 48 hours prior to this meeting Please contact the City Secretaryrsquos Office at (979) 415-2403 or FAX (979) 297-8823 for further information

Memo To PLANNING COMMISSION

From SAL AGUIRRE

CC CITY SECRETARY

Date 4-30-15

Re May 5 2015 HIGHLIGHTS AND ISSUES AGENDA

1 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO INCLUDE MEDICAL OFFICES AS PERMITTED USES IN B-1 (NEIGHBORHOOD BUSINESS) B-1A (PROFESSIONAL OFFICE) B-2 (CENTRAL BUSINESS) C-1 (COMMERCIAL) AND C-2 (COMMERCIAL) ZONES AND TO PROVIDE A DEFINITION OF MEDICAL OFFICES This hearing had been scheduled in the regular April meeting but was postponed and now rescheduled The council had the hearing previously and now awaits your action for their first reading of the amended ordi-nance with any revisions that may be added This was prompted by a developer wishing to build a medical clinic in a B-2 zone but with the current zoning ordinance only explicitly permitting clinics in B-1A zones Medical clinics exist throughout the cityrsquos business and commercial zones because they are considered professional offices (permitted in B-1 and B-1A) and of-fices and offices buildings (permitted in B-2 C-1 and C-2) In order to make this developer and future devel-opers more comfortable this was needed to either define office and professional office to include medical clinics or amend the zoning ordinance to explicitly place clinics in appropriate zones Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city at-torney

2 PUBLIC HEARING AND ACTION TO CONSIDER AMENDING CHAPTER 110 ZONING TO BROADEN SCOPE OF BUSINESSES THAT CAN SHARE PARKING SPACES AND ALLOW THE PLANNING COMMISSION TO WAIVE COMMERCIAL PARKING REQUIREMENTS As in the previous item this hearing had been scheduled in the regular April meeting The council has also had the hearing previously and now awaits your decision and or revisions if any to consider it for first reading at their next meeting This came up as the result of the predicament created by the literal interpretation of the current cross park-ing sharing clause in the ordinance The city attorney and staff were in agreement to opening this provision to more users given the Increased interest of redevelopment of existing commercial sites in search for out-parcel sites

Please refer to the attachment of the proposed amendment to the zoning chapter prepared by the city attorney

3 PUBLIC HEARING TO REZONE A 551 ACRE TRACT FROM B-1 (NEIGHBORHOOD BUSINESS) TO R-4 (MULTI FAMILY) AND A 675 ACRE TRACT FROM B-3 (INSTITUTIONAL) TO R-4 (MULTI FAMILY) BOTH TRACTS BEING PART OF A 633304 ACRE TRACT IN JARED E GROCE 5 LEAGUE GRANT ABSTRACT 66 (LOCATED ON THE NORTH SIDE OF FM 2004 EAST OF THE NORTH YAUPON DRIVE INTERSECTION ACROSS REGAL STORAGE SITE) Gary Davis CEO of First Advisors Inc a real estate investment firm is making this request for his proposed development a multifamily project in the 30+ acre property in north side of FM 2004 across from the current construction site of the Regal Storage facility They have met with staff on several occasions and have been doing their due diligence in this effort The property is currently zoned in three different tracts and zones To accomplish his development project two of the zone areas will have to be changed to the intended R-4 purpose Mr Davis would like to make this an introduction to the project and is open to your questions of interest if you wish

4 FINAL REVIEW AND ACTION OF REPLAT OF TRACT 1 JACKSON SQUARE CENTER SUBDIVISION PLAT

(TARGET TRACT OUTPARCEL LOCATED AT LAKE ROAD AND HWY 332) This subdivision plat is made necessary to allow for the creation of the previous discussed outparcels and the sites redevelopment of the Target Center The partition is one that creates 2 - 07 acre tract and a remaining 81 acre Target tract out of the parent 95 acres The partition retains all existing easements with the various tracts but retains all public road driveway access within the Target 81 acre tract The realignment also allows the Target tract to retain the existing roadway frontage along Lake Road and thereby the existing pole mount sign at the intersection Due to the reconfiguration the access to the outparcels will still remain to be done through the Targets drives and travel ways so a private cross access agreement that exists would need to be negotiated be-tween the parties This cross agreements should also extend to the cross share use of utilities such as drainage water and sewer to service the outparcel A reference note of the agreement instrument and record has been included in this final plat as required All platting requirements and formatting have been met with no issues at final

5 FINAL REVIEW AND ACTION OF COMBINED SITE PLAN OF JACKSON SQUARE REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 The proposed redevelopment project has had a long road to course through and resolve the site plan issues of the Target site The redevelopment impact on the parent tract became the significant issue first dealt concerning the reduced parking conditions to the Target site At the time the Traylor group brought Target representatives to make their statement of no objection and presentation of parking analysis and industry studies justifying the proposed counts The developer made their case with parking analysis and industry data along with the cross parking allowance contained in the zoning ordi-nance and that had been offered by staff as a possible tool for compliance Council involvement based on your preliminary recommendation finally resolved the reduced parking condition as adequate and granted exceptions as allowed in the ordinance A result of the exception allows the Target site with 369 spaces (315 spaces per 1000) versus the required 582 spaces (5 spaces per 1000) The soon to be amended cross sharing condition in the ordinance will further reinforce the parking count compli-ance of the site The outparcel site parking conditions remain compliant and without issues

The outparcels proposed site counts meet and exceed the required for their use as follows Tract 1-B (shop) contains 36 spaces (624 spaces per 1000) versus 26 spaces (5 spaces per 1000) and Tract 1C (restaurant) provides 25 spaces (1 space per 24 seats) versus required 20 spaces (1 per 3 seats)

Of note the following conditions are proposed

1 The access to all the sites will remain as currently exist with the access to the outparcel sites being through a cross access agreement to be privately negotiated

2 The utility services serving the redevelopment will remain operating through private systems and easements with some relocation of segments and extension of others according to the new site conditions Cross utility sharing agreements to be privately negotiated Relocation of private utility lines where necessary to erect a building has been made without issues from city

3 Drainage modifications of site private system have been evaluated to comply with the cityrsquos drain-age standards of the new sites and to maintain a no impact to the current site conditions

4 Fire protection issues of lanes and hydrants have been evaluated and approved as proposed 5 Trash collection issues also have been addressed to cityrsquos satisfaction 6 Sidewalks along road frontages have been included through all sites as concession for exception to

landscape perimeter screening requirements

6 FINAL REVIEW AND ACTION OF COMBINED ALTERNATE LANDSCAPE PLAN OF JACKSON SQUARE

REDEVELOPMENT OF TARGET CENTER AND COMMERCIAL OUTPARCELS LOCATED AT LAKE ROAD AND HWY 332 After your last extraordinary meeting the clarification of alternate landscape conditions cleared the way to approve the proposed landscape plan as follows 1 The trees lost to the site plan modifications will not need to be replaced based on the representa-

tion made in the final alternate plan that a) the remaining 63 at the Target site still exceed the re-quired 36 trees b) the remaining 5 at the retail pad site still exceeds the required 4 trees c) the remaining 5 at the restaurant pad site still exceeds the required 4 trees

2 The existing road frontage perimeter mound berm along the various sites be considered as meeting the shrub screening criteria of the ordinance in consideration of the sidewalk running along their entire property boundary limits The existing perimeter screening trees comply for the most part with a requirement of one addi-tional tree to be added in the missing gap at the southeast corner Lake Rd side

3 The irrigation for the parcels are approved as indicated in the plans a) Target plan to retain the current existing automatic system with modifications needed and maintenance operations b) the outparcel sites proposed hose bib systems are considered as meeting the irrigation requirement The board should state these individual conditions in your action for future record

7 PRELIMINARY AND FINAL REVIEW AND ACTION OF PLAT AMENDMENT OF CREEKSIDE SUBDIVISION SECTION 1 LOT 1 BLOCK 1 AND LOTS 76 amp 77 BLOCK 4 The ink hasnrsquot dried yet on the first plat and its already coming back for some adjustments to these lots due to a bust in the construction layout by the previous bridge contractor due sidestepping the subdivision survey control offered This error resulted in the Lake Jackson end of the bridge to be 7 feet off of the original right-of-way centerline In order to bring all the improvements back in line with the conventional right-of-way placement the pavement connections and utilities in this area were revised and some reworked to bring back into alignment

The right-of-way lines will now need to be changed to this new realignment and in doing so the lots will be impacted as needed This will result in these 3 affected lots needing to be reconfigured to new a dimension that is a better market by the developer The new configured lots still meet or exceed the R-2 zone requirement widths and depths and are of no issue All platting format and data is met

SIGNATURE OF DOCUMENTS Replat of Jackson Square Center Tract 1 Combined Site Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

Combined Alternate Landscape Plan of Jackson Square Redevelopment of Target Center and Commercial Outparcels

STATE OF TEXAS COUNTY OF BRAZORIA CITY OF LAKE JACKSON BE IT KNOWN that the Lake Jackson Senior Commission of the City of Lake Jackson met in regular session on Monday March 23 2015 at 630 PM at the Lake Jackson Civic Center 333 HWY 332 Lake Jackson Texas with the following in attendance Tere Sandlin Chair Doris Grigar Vice Chair Julie Mendoza Wayne Robertson Linda Robertson Freddie Mathis Brewster Borg VISITOR COMMENTS There were no visitor comments APPROVAL OF MINUTES ndash FEBRUARY On motion by Doris Grigar second by Brewster Borg with all members voting ldquoayerdquo the minutes of February were approved with corrections to the spelling of Doris Grigarsrsquo name in the paragraph dated 02-17-15 and the spelling of Linda Robertsonsrsquo name in the paragraph dated 06-14-15 REVIEW OF RECENT EVENTS HOSTED BY THE COMMISSION 2-24-15 ndash E-Book Class ndash It was reported that there were 8 people in attendance along with 3 librarians This allowed for more one on one training and instruction 3-17-15 ndash Card Making ndash Tere reported that there were 6 people in attendance 3-17-15 ndash Games and Covered Dish Night ndash Doris reported that there were 28 people in attendance including commission members Freddie Tere Wayne Linda Doris Sue and Julie The board awarded 2 - $20 Wal-Mart gift cards and 3 additional prizes for door prizes for at total of $7650 expenses total 3-23-15 ndash Discussion Group ndash Linda reported that there were 22 people in attendance including commission members Wayne Linda and Freddie The speakers were Teresa Caldwell State Coordinator of the Texas Heritage Trails Program and Seneca McAdams Executive Director of the Texas Independence Trail Region

SUBMITTAL DISCUSSION AND APPROVAL OF UPCOMING EVENTS 3-24-15 4-10-15 5-29-15 amp confirm date for June 2015 ndash Library Educational Electronic Device Class ndash It was reported that the Library would be discussing Gale courses which are online tutorials that can be downloaded thru the library website 3-27-15 - Blue Hawaii Dinner Show staring Elvis 6pm ndash Julie reported the costs for entertainment are $92500 Extra tickets were printed to sell The current count is approximately 198 people to attend The caterer Gina Reneersquos will be preparing dinner for up to 225 people The menu will consist of frac12 fried fish frac12 pulled pork pineapple rice garden salad or vegetable bread and cheesecake for dessert The caterer will also serve tea and provide all the serving plates and utensils 4-07-15 5-12-15 amp 6-16-15 ndash Card Making 6 ndash 8pm - No discussion was held 4-13-15 ndash Bingo 6 ndash 830pm ndash Tere reported that the advertisement was incorrect Linda reported that she notified Sandra Oliver of the misprint in the advertisement The prizes for the event will include laundry baskets filled with toiletries and paper products such as Kleenex paper towels garbage bags laundry detergent and dish washing detergent etc Another option was plants and gift cards Honey Baked Ham provided a $25 gift certificate 4-27-15 5-18-15 amp 6-22-15 ndash Discussion Group ndash Jim Pierce Author of Pecan Lake The Unintended Lake of

Lake Jackson TX will be speaker for the 04-27-15 discussion group No other discussion was held 5-19-15 ndash Spring Fling Dinner and Dance ndash Tere reported that it should be only Spring Fling Dance and no dinner will be provided Guests will be allowed to bring snacks Dance will be in the plaza room and can sell 104 tickets The board will provide beverages 5-22-15 - Senior Appreciation Night - discuss event and appoint committee ndash It was reported that Hogenheifers will cater the event and serve BBQ sandwiches chips and canned drinks for 200 Cost is $5 per meal If there are less than 200 seniors in attendance the board will sell extra lunch tickets 6-03-15 ndash HAAK Winery and Frobergs Farms Tour ndash First Class Tours Bus was booked for $84635 and will arrive at the Civic Center at 930 am The bus will leave from the Civic Center at 1000 am and will arrive at Haakrsquos Winery by 1100 am for lunch and wine tour The group will visit Frobergrsquos Farms for a tour on the route home and should arrive back in Lake Jackson by 400 pm 6-09-15 ndash Bingo 6 ndash 830pm ndash No discussion was held 6-14-15 ndash Astros Game ndash The tickets have been received The group will be seated in section 132 rows 18 ndash 21 for the Astros vs Seattle Mariners game at 110 pm Tickets include a $15 foodbeveragemerchandise coupon The bus will arrive at the Civic Center at 1030 am and leave at 1100 am The group should return by 600 pm REVIEW FISCAL YEAR 2014-2015 EXPENDITURES AND BUDGET BALANCE No report was given ITEMS OF COMMUNITY INTEREST Doris Grigar asked if the board still wanted to consider a trip to Brenham during the fall Tere asked the board members to think of future trips theyrsquod be interested in and will revisit SET NEXT MEETING DATE ndash APRIL 27 2015 The next meeting was set for April 27 2015 ADJOURN On motion by Wayne Robertson second by Freddie Mathis with all present members voting ldquoayerdquo the meeting adjourned at 654 pm These minutes read and approved this ______ day of _______________________ 2015

_______________________________ Tere Sandlin Chairman _______________________________ Sue Supak Secretary

STATE OF TEXAS

COUNTY OF BRAZORIA

CITY OF LAKE JACKSON

BE IT KNOWN THAT the Lake Jackson Youth Advisory Commission met in regular session at the Lake Jackson Police Department Training Room 5 Oak Drive Lake Jackson Texas on MONDAY MARCH 16 2015 at 600 pm with the following present

Board Members Monica Overman Chairman Mary Macrae Jake Brannen Vice Chairman Ashley Hidalgo Kallie Liondas Secretary Brandt Carleton Zachary Merritt Parliamentarian DeLaynee Malone Vivian Jones Adult Advisor Also present Terri Cardwell Volunteer Coordinator RESOURCE MEMBERS Aaron Jansky Christian Guerra Donna Centeno Jamar Alston Melodi Koenig Valeria Marquez Martha Estrella Chelsey Boyd Alexia Boe Madeline Merritt Maggie Macrae Chassity Guajardo and Meagen Fails

CALL MEETING TO ORDER Monica Overman called the meeting to order at 610 pm

APPROVAL OF MINUTES Kallie Liondas presented the minutes from the January 12 2015 meeting On a motion by Jake Brannan second Zachary Merritt with all voting aye the minutes were approved as written It was Brandt Carletonrsquos birthday this month

SPRING ACTIVITIES amp PROJECTS SBCAS - DeLaynee Malone After the Easter project YAC is going to help out the ldquoSouthern Brazoria County Animal Shelterrdquo by collecting items around the house such as old blankets old towels dogs andor cat toys pet beds leashes pet carriers and newspapers A copy of the ldquowish listrdquo was distributed to all members to begin collection for the April meeting EASTER PROJECT YAC will be completing the Easter BasketBag Project for the Food Basket again this year by providing toothbrushes toothpaste crayons and coloring books for Easter which is on April 5 2015 At the end of the meeting we will adjourn into workshop to complete the bags that will be taken to the Food Basket for Easter DONT MESS WITH TEXAS TRASH OFF The spring clean up will be held on Saturday April 11 2015 at 800 am it will take place at the Xeriscape Park Final plans will be made at the April meeting

ITEMS OF COMMUNITY INTEREST The Lake Jackson Recreation Center will host the city wide ldquoEaster Egg Huntrdquo on Thursday April 2nd at 530 at MacLean Park Members are asked to help after school if they are available They will be placing 8000 Easter eggs out on the softball fields and Keep Lake Jackson Beautiful will be giving away 100 free Arbor Day trees SET NEXT MEETING DATE The next meeting will be Monday April 6 2015 ADJOURNED The meeting was adjourned at 625 pm in the Easter Project workshop These minutes read and approved this _________________ day of _________________________ 2015

_______________________________________ Monica Overman Chairman

_____________________________________ Kallie Liondas Secretary

City of Lake Jackson

Meeting Date May 4 2015

Subject Sponsorship of Concert

Submitted by Modesto A Mundo Asst City Mgr

Expenditure Account HotelMotel Fund

Action Requested

Discuss and consider request from Jim Luna for Funds from the Hotel Motel fund in the amount of $2500 for a performance by Los Kumbia Kings (Selenarsquos Brotherrsquos Band) on June 20 2015 in Freeport Alternatives

Summary of Subject

Mr Jim Luna has revised his request for the City to sponsor an event featuring the band call Los Kumbia Kings He is requesting $2500 from the Hotel-Motel fund He has moved the concert to Freeport but stated that he is pushing for hotel stays in Lake Jackson Year to date the Cityrsquos Special Events fund funded by Hotel-Motel revenues has a negative balance Staff estimates that the fund will end the fiscal year with a $10000 balance Mr Luna did not attend the past City Council since I failed to respond to his revised proposal Since I had not responded he thought he was not on the April 20th agenda

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015 Subject Directional signs

Action Requested DISCUSS AND CONSIDER REQUEST TO DISPLAY DIRECTION SIGNS ALONG HWY 288 FM 2004 OLD ANGLETON ROAD AND OYSTER CREEK DRIVE FOR THE CENTER FOR THE ARTS AND SCIENCE ARTS FESTIVAL TO BE HELD MAY 16-17 2015

Alternatives

Summary of Subject

Attached you will find a request from the Fine Arts Center requesting directional signs on Hwy 288

FM2004 Old Angleton Road and Oyster Creek Drive for their Arts Festival to be held May 16 amp 17

2015 at the Center

Action Taken Tabled Deferred Denied Approved

From Patty Green [mailtopattygbcfasorg] Sent Friday May 01 2015 248 PMTo Bill YenneCc Wesley CopelandSubject Directional SignsImportance High

Dear BillThank you for visiting with Wes and I yesterday We enjoyed the conversation and greatly appreciate your time

Attached is a map with signs marked by red arrows Some will be placed in Clute some in Richwood and some in Lake Jackson - its the nature of our locationIve also attached the graphic for the signs which are 27 X 18 What you have is a sample of the turn signs We have produced straight signs too I think the placement will help local folks as well as visitors from the Houston and Galveston areas

We will be at City Council Monday evening at 630 to answer any questions

Kindest regardsPatty

Patty Swords CFREDirector of Marketing amp Development400 College BlvdClute TX 77531(ofc) 979-265-7661 (cell) 979-480-4949

The Center

FOR IMMEDIATE RELEASE May 1 2015

For more information contact

Patty Swords Marketing amp Development Director

(979) 265-7661

pattysbcfasorg

Texas Gulf Coast Arts Festival Is Fast Approaching

CLUTE - The Center for the Arts and Sciences is pleased to announce that the first annual Texas Gulf Coast Arts Festival is right around the corner May 16 and 17 The festival will have lots to offer and there will be something for the entire family to enjoy Proceeds from the festival will benefit The Center a 501(C)3 nonprofit organization Admission is $5 and children 12 and under get in free

Marketing and Development Director Patty Swords stated Our goal is to provide the community and visitors with a unique arts and cultural event We have been focused on creating something special which can become a celebrated annual event

The sold out Patron Preview Party will have Christian and The Wiggs performing Friday night May 15 Live entertainment will also take place on Saturday and Sunday The band selections represent a variety of genres and cultures Greg Essington will kick things off with Americana sounds on Saturday followed by the spirited Texican group Caliente Twang then Ceol Leinn from Fort Worth with entertain the crowd with stirring traditional and historical Celtic music the Jackson Avenue Band a local favorite will play Blues to Rock in the afternoon Sunday The Pretty Boys will perform a variety of Polka Saltwater and Western tunes

The festival will feature high quality art selected by a jury Artists are traveling from near and far to attend bringing their wood carvings paintings sculptures jewelry photography and more that will be on display for purchase Festival hours are Saturday 10 am-6 pm and Sunday 11 am-4 pm

This is going to be a festival of the arts that everyone can enjoy said The Centers new Executive Director Wesley Copeland Kids art projects art demonstrations great music and foodwhat better way to get outside and have fun

Along with a wide range of music the festival will offer a variety of options for food Food Trucks of all different varieties will be cooking up an assortment of delicious options for festival goers

continued

Page 1

Owned and operated by the Brazosport Fine Arts Council The Center for the Arts amp Sciences is a 45000 square foot cultural and educational complex As the administrative umbrella the organization has the responsibility of providing performance and exhibit space as well as marketing and ticket sales for its permanent residents and partner groups

The Center is the cultural educational and artistic home for an entire community of approximately 320000 people Additionally it is considered a prime destination for tourists from around the US and abroad

2

120041

~ ~ i i 4 II ii

~ ~

Sazos Mall al ) ll

wurst Haus ---

Lake Jackson

Clute middot-(

~

7

(sect) loI

~Creef

-----

I 3041 lml bull bull - bull

-

presented by

FOR THE ARTS amp SCIENCES

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Directional signs

Action Requested UPDATE ON THE ALLIANCE ACTIVITY AND REQUEST TO INCREASE THE CITYrsquoS ANNUAL INVESTMENT IN THE ALLIANCE ROBERT WORLEY PRESIDENTCEO ECONOMIC DEVELOPMENT ALLIANCE FOR BRAZORIA COUNTY Alternatives Summary of Subject Robert Worley will present an update on The Alliance and request an increase in the cityrsquos annual investment in The Alliance Action Taken Tabled Deferred Denied Approved

From Debbie PenningtonTo Alice RodgersCc robertweda-bccom Bill Yenne Michael R CoonSubject City Council AgendaDate Tuesday April 28 2015 100015 AM

Alice I would like to request an addition to the agenda for the May 18 2015 City Council Agenda Robert Worley PresidentCEO Economic Development Alliance for Brazoria County Update on The Alliance activity and request to increase the cityrsquos annual investment in The Alliance Please let me know if you need additional information Best regards Debbie

Debbie PenningtonVice President of OperationsEconomic Development Alliance for Brazoria County4005 Technology Drive Suite 1010 Angleton Texas 77515Office 979-848-0560Cell 979-848-7967debbiepeda-bccom

City of Lake Jackson

Meeting Date May 4 2015

Subject Discuss amending the junked vehicle ordinance to streamline junked vehilce notification procedures remove the automatic declaration that a vehicle is a junked vehicle upon petition of neighbors remove the inspection sticker language and remove the need to wait 10 days after notice before a citation is issued

Submitted by Sherri Russell

Expenditure Account

Action Requested Approve Alternatives Summary of Subject The current junked vehicle ordinance is unwieldy Except for the neighborhood petition the inspection sticker language and the wait time before a citation is issued the law doesnrsquot need to be changed The ordinance just needs to be streamlined so that code enforcement can spend less time reasoning out the language and so that the public can understand the ordinance

ORDINANCE NO 15-2064

AN ORDINANCE AMENDING CHAPTER 38 ENVIRONMENT OF THE CODE OF ORDINANCES OF THE CITY OF LAKE JACKSON TEXAS TO STREAMLINE JUNKED VEHICLE NOTIFICATION PROCEDURES REMOVE THE AUTOMATIC DECLARATION THAT A VEHICLE IS A JUNKED VEHICLE UPON PETITION OF NEIGHBORS AND REMOVE THE 10 DAY WAITING PERIOD BEFORE A CITATION FOR A JUNKED VEHICLE IS ISSUED PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE REPEALED TO THE EXTENT OF THE CONFLICT ONLY PROVIDING FOR A PENALTY PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON TEXAS

Section 1 That Chapter 38 Article II Division 3 of the City of Lake Jackson Code of Ordinances shall be amended to read as follows

DIVISION 3 JUNKED VEHICLES

Sec 38-71 Authority This division is adopted pursuant to the authority provided in Ch 683 of the Texas Transportation Code

Sec 38-72 Definitions All terms used in this chapter unless specifically defined otherwise shall have the meanings ascribed to them by the Texas Transportation Code The following terms are specifically defined

Antique vehicle means a passenger car truck or motorcycle that (a) Is at least 25 years old (b) Is a collectorrsquos item (c) Is used exclusively for exhibitions club activities parades and other functions of public

interest (d) Is not used for regular transportation and (e) Does not carry advertising

Classic vehicle means a motor vehicle that is at least 25 years old and that has not been changed from the original manufacturerrsquos specifications

Custom Vehicle means a vehicle (a) That is

1 at least 25 years old and of a model year after 1948 or 2 manufactured to resemble a vehicle that is at least 25 years old and of a model

year after 1948 and (b) that

1 has been altered from the manufacturerrsquos original design or 2 has a body constructed from materials not original to the vehicle

Enforcement authority means any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson Junked vehicle means a vehicle that

(a) Displays an expired license plate or does not display a license plate if the vehicle is required to be registered under Ch 502 of the Texas Transportation Code or

(b) Is a Wrecked dismantled or partially dismantled or discarded or b Inoperable and has remained inoperable for more than

i Seventy-two (72) consecutive hours if the vehicle is on public property or

ii Thirty (30) consecutive days if the vehicle is on private property Special interest vehicle means a classic vehicle a custom vehicle or a street rod Street rod means a vehicle

(a) that was manufactured 1 Before 1949 or 2 After 1948 to resemble a vehicle manufactured before 1949 and

(b) That 1 has been altered from the manufacturersquos original design or 2 has a body constructed from materials not original to the vehicle

Vehicle means

(a) A device in or by which a person or property is or may be transported or drawn on a public highway

(b) A watercraft or (c) An outboard motor

Sec 38-73 Junked vehicles declared to be a public nuisance A junked vehicle including a part of a junked vehicle is hereby declared a public nuisance because it

(a) Is detrimental to the safety and welfare of the public (b) Tends to reduce the value of private property (c) Invites vandalism (d) Creates a fire hazard

(e) Is an attractive nuisance creating a hazard to the health and safety of minors and (f) Produces urban blight adverse to the maintenance and continuing development of the

city

Sec 38-74 Nuisance prohibited It is unlawful for a person to maintain possess or locate a public nuisance described in section 38-73 of this division within the City of Lake Jackson Sec 38-75 Authority to enforce

(a) Any full-time regularly salaried peace officer or code enforcement officer employed by the City of Lake Jackson may enforce this division except that any duly authorized person may remove the junked vehicles or parts of junked vehicles

(b) A person authorized to enforce this division may enter private property to examine the junked vehicle or parts of a junked vehicle to obtain information to identify the junked vehicle or parts of a junked vehicle and to remove or direct the removal of the junked vehicle or parts of a junked vehicle

Sec 38-76 Notice

(a) Once a determination has been made that a public nuisance under this division exists the enforcement authority shall give not less than ten (10) days written notice to

a The last known registered owner of the public nuisance b Each lienholder of record and c The owner or occupant of

i The property on which the public nuisance is located or ii If the public nuisance is located on the public right-of-way the property

adjacent to the right-of-way (b) The notice must be personally delivered or sent by certified mail with a five-day return

requested If the address of the last known registered owner is unknown notice may be placed on the public nuisance If the notice is returned undelivered action to abate the public nuisance shall not be taken until the 11th day after the date of return

(c) The notice must state that a The public nuisance must be removed not later than the 10th day after the date on

which the notice was personally delivered mailed or placed on the public nuisance and

b A request for a hearing must be made not later than the 10th day after the notice was personally delivered mailed or placed on the public nuisance

Sec 38-77 Hearing (a) The city manager or his designee shall conduct a public hearing if timely requested by a

person who received notice under section 38-76 (b) The hearing shall be held not earlier than the 11th day after the service of notice in section

38-76 (c) At the hearing the junked vehicle is presumed to be inoperable unless demonstrated

otherwise (d) An order requiring the removal of the public nuisance must contain a description license

plate number and identification number of the public nuisance if available

Sec 38-78 Abatement

(a) Once abatement proceedings have been commenced the relocation of the public nuisance to another location in the city has no effect on the proceedings

(b) Once the public nuisance is removed it may not be reconstructed or made operable (c) If the public nuisance is not removed by the 10th day after proper notice the enforcement

authority may remove it or cause it to be removed (d) No later than the 5th day after removal the enforcement authority shall give notice to the

Texas Department of Motor Vehicles of the removal Sec 38-79 Inapplicability of Division This division does not apply to a vehicle or parts of a vehicle that

(a) Is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property or

(b) Is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or

(c) Is an antique or special interest vehicle if the vehicle and the outdoor storage area are 1 Maintained in an orderly manner 2 Not a health hazard and 3 Screened from ordinary public view by appropriate means

Sec 38-80 Affect on other laws Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property that is obstructing traffic or laws that establish procedures for taking possession of abandoned vehicles Section 2 Unless otherwise specified in the ordinance a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec 1-5 of the Code of Ordinances of the City of Lake Jackson Each day that a violation of this ordinance shall be considered a separate violation

Section 3 All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict only

Section 4 If any part or portion of this ordinance shall be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance

Section 5 The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the City This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson Texas

PASSED AND APPROVED on first reading on the 4th of May 2015

PASSED AND ADOPTED on second and final reading this

______________________________ Joe Rinehart Mayor City of Lake Jackson ATTEST ___________________________ Alice Rodgers City Secretary APPROVED AS TO FORM ______________________________ Sherri Russell City Attorney

DIVISION 3 - JUNKED MOTOR VEHICLES

Sec 38-71 - Authority

This article is adopted pursuant to the authority provided by VTCA Transportation Code ch 683 subch E and any successor statutes to establish procedures for the abatement and removal from private or public property or public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance

Sec 38-72 - Definitions

Antique vehicle shall mean a passenger car or truck that is at least twenty-five (25) years old

Boat or watercraft shall mean any motorized vehicle registered or unregistered used for recreation or commercial use on any body of water river or stream

Inoperable vehicle shall mean any vehicle that cannot be operated because it is in disrepair

Junked vehicle shall mean a vehicle that

(1) Is self-propelled and

a Does not have lawfully attached to it an unexpired license plate or

b Does not have lawfully attached to it a valid motor vehicle inspection certificate or

(2) Is

a Wrecked dismantled or partially dismantled or discarded or

b Inoperable and has remained inoperable for more than

1 Seventy-two (72) consecutive hours if the vehicle is on public property

2 Thirty (30) consecutive days if the vehicle is on private property or

(3) Is non-motorized and

a Does not have lawfully attached to it an unexpired license plate if required to possess one

b Is wrecked dismantled or partially dismantled or discarded or

c Is in an unusable condition due to disrepair including but not limited to flat or missing tires missing tongue structural damage or has not been moved for ninety (90) days

Motor vehicle shall mean any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act

Motor vehicle collector shall mean a person who owns one or more antique or special interest vehicles and who collects purchases acquires trades or disposes of special interest or antique vehicles or parts of them for his own use in order to restore preserve and maintain an

antique or special interest vehicle for historic interest

Motor vehicle demolisher shall mean any person in the business of converting motor vehicles into processed scrap or scrap metal or to otherwise wreck or dismantle motor vehicles

Passenger vehicle shall mean any vehicle which can carry one or more passengers for transportation over a street or highway including but not limited to automobile truck SUV van motorcycle bus

Special interest vehicle shall mean a motor vehicle of any age which has not been altered or modified from original manufacturers specifications and because of its historic interest is being preserved by a hobbyist

Storage facility shall mean a garage parking lot or any type of facility or establishment for the servicing repairing storing or parking of motor vehicles

Vehicle means any device in upon or by which any person or property may be propelled moved or drawn or otherwise transported upon a street or highway except a device which is designed to be exclusively moved by human power or used exclusively upon stationary rails or tracks The term vehicle shall include but is not limited to passenger vehicle boat or watercraft trailer recreational vehicle truck motor vehicle motorized vehicular homes or motor coaches

Sec 38-73 - Junked vehicles declared a public nuisance

(a) A junked vehicle including a part of a junked vehicle is detrimental to the safety and welfare of the general public such a vehicle tends to reduce the value of private property invites vandalism creates a fire hazard is an attractive nuisance creating a hazard to the health and safety of minors creates a harbor for rodents and insects promotes blight and deterioration and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are therefore declared to be a public nuisance

(b) It shall be unlawful for any person to permit parking standing storing or having any junked vehicle within the city unless such vehicle is completely enclosed within a building or stored in connection with a commercial garage used car lot or similar place of business residing in the city or is an antique vehicle or a special interest vehicle

(c) A vehicle not protected by subsection (b) may be deemed to be a nuisance if a petition and municipal court complaint is signed by at least five (5) homeowners who own property within five hundred (500) feet of the lot line of the nuisance lot Any Lake Jackson police officer or code enforcement officer or full time city employee authorized to enforce this division may issue municipal court citations to those persons creating a nuisance

Sec 38-74 - Procedure for disposition of junked vehicles

The procedure for the abatement and removal of a junked vehicle or part thereof as a public nuisance from private property public property or public right-of-way shall be as follows

(1) After a determination is made by the director of public works or his designee that a particular vehicle is a junked vehicle or after an order issued by the municipal court pursuant to section 604(C) there shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on private property and that it must be removed

and abated not later than the tenth day after the date on which the notice was personally delivered or mailed and further that a request for a hearing must be made before expiration of said ten-day period such notice to be personally delivered or sent by certified mail with a five-day return requested to the last known registered owner of the junked vehicle and all lien holders of record and to the owner or the occupant of the private premises whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(2) There shall be furnished not less than ten (10) days notice stating the nature of the public nuisance on public property or on public right-of-way and that it must be removed and abated not later than the tenth day after the date on which the notice as personally delivered or mailed and further that a request for hearing must be made before expiration of said ten-day period such notice to be personally delivered or mailed by certified mail with a five (5) day return requested to the last known registered owner of the junked vehicle and all lien holders of record and if on public right-of-way to the owner or occupant of the property adjacent to the public right-of-way whereupon such public nuisance exists If the post office address of the last known registered owner of the nuisance is unknown notice may be placed on the nuisance or if the owner is located personally delivered If the notice is returned undelivered by the United States Post Office official action to abate said nuisance shall be continued to a date not earlier than the 11th day after the date of such return

(3) After a vehicle has been removed it shall not be reconstructed or made operable

(4) There shall be public hearing prior to the removal of the vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle or by any lien holder of record or by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located or by the police department The public hearing shall be held before the city manager or his designee not earlier than the 11th day after the date of the service of notice to abate the nuisance At the hearing the vehicle which is the subject of the junked vehicle hearing is presumed unless demonstrated otherwise by the owner to be inoperable Any resolution or order requiring the removal of a junked vehicle or part thereof must include the vehicles description vehicle identification number and license plate number if the information is available at the location of the nuisance A judge of the municipal court of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance under this article

(5) The relocation of a junked vehicle that is a public nuisance to another location within the city after proceeding for the abatement and removal of such junked vehicle as commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location

(6) Notice must be given to the state department of highways and public transportation not later than the fifth day after the date of removal identifying the vehicle or part thereof Said department shall cancel the certificate of title issued for the vehicle immediately on receipt of such notice

(7) The administration of the procedures herein shall be by the public works department

or police department of the city and by such other regularly salaried full-time city employees as may be from time-to-time granted authority by the citys governing body to enforce this article except that the removal of junked vehicle or parts thereof from property may be by any duly authorized person

(8) A citation may be issued and a complaint may be filed in the municipal court of the city for the violation of maintaining a public nuisance if the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided in subsections (1) and (2)

Sec 38-75 - Disposal of junked (inoperable) vehicles

A junked vehicle or part thereof may be disposed of by removal to a scrapyard a motor vehicle demolisher or any suitable site operated by the city for processing as scrap or salvage pursuant to authority provided in VTCA Transportation Code sect 683078 or any successor statute for junked vehicle disposal

Sec 38-76 - Authority to enforce

Any police officer code enforcement officer or other regularly salaried full-time city employee authorized to enforce this division may enter the public areas of any building or premises not a private residence or dwelling structure or completely enclosed structure on private property at all reasonable times whenever necessary in the performance of his duties to inspect and investigate for violations of any law or to enforce any law The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof obtain information as to identity of vehicles and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance If such building or premises be occupied and involved in conducting business he shall first present proper credentials and demand entry unless otherwise permitted by law If such entry is refused or if no owner or other person having charge or control of the building or premises can be located he shall have recourse to every remedy provided by law to secure entry

Sec 38-77 - Exceptions

The following vehicles or parts thereof are excepted from the provisions of this division

(1) A vehicle or vehicle part which is completely enclosed within a permanent building in a lawful manner where it is not visible from the street or other public or private property

(2) A vehicle or vehicle part which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or that is an antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collectors property provided that the vehicle or part and the outdoor storage area if any are

a Maintained in an orderly manner

b Do not constitute a health hazard and

c Are screened from ordinary public view by means of a fence rapidly growing trees shrubbery or other appropriate means

Sec 38-78 - Effect of Act on other laws

Nothing in this division shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic or laws that establish procedures for taking possession of abandoned motor vehicles

City of Lake Jackson

Meeting Date May 4 2015

Subject Replacement of Playground Equipment at Morrison Park

Submitted by Jeremy Bubnick Director of Parks amp Recreation

Expenditure Account Park Fund

Action Requested Approval of Playground Equipment DesignProposal by Kraftsman Commercial Playground Equipment and Water Park Equipment of Spring Texas Alternatives Summary of Subject This proposal is for the replacement of the current play structure at Morrison Park This $110000 project was budgeted for current year by the Parks Board and will be funded by the Parks Fund $60000 of the funds came from the voter approved sale of 28 acres of undeveloped park property (between Grape Vine Turn Center Way and Circle Way) These funds were earmarked specifically for the replacement of playground equipment at Morrison Park The Parks Board approved the designproposal at the April 21 2015 Meeting and is recommending approval by the City Council Kraftsman is a well known company in the parks amp recreation industry and have completed many similar projects in the region The new equipment includes a wide variety of play elements including multiple slides climbing walls a shaded two level deck lily pad climbers and a three bay shaded swing set (with at least one ADA adaptive swing seat) The total cost of this proposal including installation concrete boarder and engineered wood fiber infill is just under $108000 We are planning to have the project completed by August 31 2015

PROPOSED PLAY STRUCTURE MODEL PSS-30835-1

BY SRP PLAYLAND SEE ENLARGEMENT

PROPOSED EWF SURFACING APPROXIMATELY 3871 SQ FT

Nole Drawing should not be scaled unless in its original 85 x 11 printed format

_ J PROPOSED 3-BAY SINGLE POST l SWINGS WITH INTEGRATED SHADE

PROPOSED CONCRETE CURB APPROXIMATELY 260 LF

rbullmiddotri-ampi-0oJt9QiWt=bull1iiiliWi ~~middotowttiiiO~-

NORTH

bull wwwkppecom

KRAFTSMA N COMYtltltIA To-ouos

w1mbull 1gtbull 111CS 19535 Houde Rd

Spring TX n3ee

P 8004514a69 F 2813532265

gtCALI

l = 30 SALISH~

David Ondrios

C I ~sect c I a

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I o a

This Play Structure design will meet ADA accessili11ity guidelines for building ana facilities effective Seplember 15 2012 as published by the

~rchitectmicroral and tronsoortashyori ~arn~rshcomri11qnlte f oaru with t e add11ion o

O Ground level components of O different lyPes ot play and when instolled over accessible surfacing 360deg

Tube Slide-9

Alrplone De~ onel 108 108 ---S olor Deck SysteM l phcx Pon~ l onblgtl 48 4~u Dec eFk

Dri -Ve-hSh1f t o el

ltGr ound Levelgt t l ver 1co

Rung L~dder Ponel w Go te T lk 48 to o l~ Tube _ Chu-ee

ci Slide ~ Sun

Sun deck

wwheel 108 Bubble

Ponel_ JDB9o-

Curve Slide

Concent~ion Ponel ost

QUnt Steering

Whee l

36 I Tronsitibn

Stai t T o l k Ut)Yt Tube (

I l l

1 deck ~ -------- Ponel wwheel Boll -------- reg Below

108 urnl Octoqon Deck

lOB~ ShaCle ~ench Alpine Bubble _ - __ Thunder

Woll ~ Slid e---Cl iMbfr ---48 Bubble _ - -

I

EXPEDITION PLAY UNIT BYbull SRP PLAYLAND UNITi PS5-30835-1 CHILD CAPACITYbull 110 AGE RANGEbull 5-12 FALL HEIGHTbull 9 AREAbull SEE SITE PLAN

Deck- W oll _ -Hol f CliMber --- -Gote ___ _ __ (2) ---

t-----------------52-10----------------i

PRELIMINARY DESIGN

Note Drawing should not be scaled unless in its original 8 x 11 printed format NOT FOR CONSTRUCTION

IAICiiWW-n~Jlt4~~41-1ilit=4yen=~~1~w=WmW$ampJTtt4W~lJotr=tW ~1=1Cmiddot=~==ru~~middot~~

wwwkppecom

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wampna PUXS

19535 Houde Rd Spring TX

n388

P 8004514869 f 2813532265

gtltAU

18=1 SALIS UP

David Ondrias

1~ 15 i L --

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LlLv-9SE-oos-T I woJJU-P

City of Lake Jackson

Submitted by William P Yenne City Manager

Presented by

Meeting Date May 4 2015

Subject ERCOT

Action Requested DISCUSS AND CONSIDER APPROVING OFFICIAL CONSENT AND BALLOT FORM FOR ELECTION OF UNAFFILIATED DIRECTOR FOR THE ERCOT BOARD OF DIRECTORS AND APPROVAL OF PROPOSED ERCOT BYLAWS AMENDMENT Alternatives Summary of Subject We are following the recommendation of the lawyers form Lloyd Gosselink who represent the Gulf Coast Coalition of Cities Question 1 I recommend that you vote FOR this item It is a vote to fill one of the ERCOT Board of Directorsrsquo Unaffiliated Director positions by Peter Cramton a professor at the University of Maryland Prof Cramton is a well-known academic and economist in the field of energy and other commodity markets In my view Prof Cramton is an acceptable candidate and is qualified to serve as an Unaffiliated Director I have reviewed his publications and they raise no concerns Question 2 I recommend that you vote FOR this item This vote would modify the ERCOT bylaws to establish the position of Segment Alternate related to the Commercial Consumer and Industrial Consumer Directors on ERCOTrsquos Board Our Segment Alternate would be subject to election this fall for 2016 and serves as a ldquobackuprdquo should the primary Commercial Consumer Director (currently Nick Fehrenbach of the City of Dallas) not be able to attend a Board meeting Other ERCOT segments have Segment Alternate positions the lack of the position in our segment is a historical accident arising from low membership in the segment before cities and other political subdivisions became engaged in ERCOT matters Action Taken Tabled Deferred Denied Approved

April 24 2015 ERCOT Corporate Member Your participation in voting matters is hereby requested Recommendations to the Corporate Members on Voting Items Election of Unaffiliated Director On April 13 2015 the ERCOT Nominating Committee (Committee) of the ERCOT Board of Directors (Board) unanimously selected Peter Cramton for election as an Unaffiliated Director to serve on the Board as soon as possible subject to election by the ERCOT Corporate Members (Members) and approval by the Public Utility Commission of Texas (PUCT) Information regarding Mr Cramtonrsquos professional experience is attached for your review and consideration as Attachment 1 Bylaws Amendment on Sections 42 and 43 On February 10 2015 the Board unanimously voted to approve and recommend a proposed amendment to the ERCOT Amended and Restated Bylaws (Bylaws) regarding Sections 42 and 43 subject to approval by the Members and the PUCT Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments The language of the proposed amendment is attached for your review and consideration as Attachment 2 Additional information on this amendment may be found in the materials associated with Agenda Item 153 of the February 9-10 2015 Board meeting available at httpwwwercotcomcalendar20152951613-BOARD under ldquoKey Documentsrdquo Special Meeting of Corporate Members Called by the ERCOT Board According to Sections 37(b) and (g) of the Bylaws the Board may call a Special Meeting of the Corporate Members (Special Meeting) to seek approval without an in-person meeting As provided in Section 37(g) ldquoUnless otherwise provided by law any action required or permitted to be taken at any meeting of the Corporate Members may be taken without a meeting if a consent in writing setting forth the action to be taken is signed by a sufficient number of Corporate Members as would be necessary to take that action at a meeting at which all of the Corporate Members were present and votedrdquo On February 10 2015 and April 14 2015 the Board called a Special Meeting as soon as practicable to vote on the proposed Bylaws amendment and election of Unaffiliated Director respectively For efficiency the Board requested one Special Meeting for these two voting items Thus on Wednesday May 27 2015 at 1000 am in Room 210A at 7620 Metro Center Drive Austin Texas 78744 a Meeting will be held for the purpose of voting on the above-mentioned election of the Unaffiliated Director and the proposed Bylaws amendment Request for Corporate Members to Submit Consent and Ballot Form in Lieu of Meeting We are seeking Corporate Membership approval to have each vote in writing in lieu of a Special Meeting Please review the enclosed Official Consent and Ballot form If you agree to take action on the election of the Unaffiliated Director and the proposed Bylaws amendment without a Special Meeting please indicate your voting preference sign the Consent and Ballot form and return it to ERCOT by 500 pm on Friday May 15 2015 After 500 pm on Friday May 15 2015 we will count Consent and

Ballot forms received to determine if we have sufficient number to allow a vote on the Unaffiliated Director and Bylaws amendment in lieu of the Special Meeting We will post a notice of either a successful vote or of the need to have the May 27 2015 Special Meeting on the ERCOT website at httpwwwercotcomcalendar2015052762557 no later than Monday May 18 2015 at 1200 pm ACTION NEEDED Submit Consent and Ballot Form by 500 pm Friday May 15 2015 Please note that all of the requested votes require approval by the Members and the PUCT prior to becoming effective So that the votes may be approved as soon as possible by the Members and the PUCT please indicate your vote in favor or against each of the voting matters sign the ballot and make every effort to return it to ERCOT as noted in the Ballot no later than 500 pm Friday May 15 2015 Sincerely Tisa Wilkins Tisa Wilkins Regulatory Legal Specialist ERCOT

Attachment 1

Peter Cramton Biography Peter Cramton is Professor of Economics at the University of Maryland Since 1983 he has conducted research on auction theory and practice This research appears in the leading economics journals The main focus is the design of auctions for many related items Applications include spectrum energy and financial auctions Since 1993 he has advised 12 governments and 36 bidders in spectrum auctions He is a co-inventor of the spectrum auction design used in Canada Australia and many European countries to auction 4G spectrum Since 2001 he has played a lead role in the design and implementation of electricity and gas auctions in North America South America and Europe He has advised on the design of carbon auctions in Europe Australia and the United Sates including conducting the worldrsquos first greenhouse-gas auction held in the UK in 2002 He received his BS in Engineering from Cornell University in 1980 and his PhD in Business from Stanford University in 1984 Academic Positions Professor of Economics ndash Department of Economics University of Maryland August 1996 to present

Affiliate Agriculture and Resource Economics 2008 to present Associate Professor of Economics ndash Department of Economics University of Maryland August 1993 to June 1996 National Fellow ndash Hoover Institution Stanford University September 1992 to August 1993 Associate Professor of Economics and Management ndash Yale School of Management Yale University July 1988 to August 1993 Assistant Professor of Decision Theory ndash Yale School of Management Yale University July 1984 to June 1988 Education Stanford University Doctor of Philosophy June 1984 Graduate School of Business Dissertation The Role of Time and Information in Bargaining Cornell University Bachelor of Science with distinction May 1980 School of Operations Research and Industrial Engineering Graduated first in class

Attachment 2

Proposed Bylaws Amendment Purpose for Amendment Currently Section 41 of the Bylaws provides for Segment Alternates for all of the Market Segments seats on the Board of Directors except for the Consumer Subsegments The proposed amendment would create Segment Alternates for both the Industrial and Large Commercial Consumer Subsegments Proposed Language Upon approval by the Members and the PUCT Sections 42 (entitled ldquoThe Boardrdquo) and 43 (entitled ldquoSelection Tenure and Requirements of Directors and Segment Alternatesrdquo) of the Amended and Restated Bylaws of Electric Reliability Council of Texas Inc approved on September 5 2014 (Bylaws) would be replaced in their entirety by Sections 42 and 43 noted immediately below Amended and Restated Section 42

Section 42 The Board The Board shall be composed of a total of sixteen (16) Directors as follows (a) The Chair of the PUCT as an ex officio non-voting Director (b) The Public Counsel of OPUC as an ex officio voting Director representing Residential

Consumers and Small Commercial Consumers (c) The CEO as an ex officio voting Director (d) Six (6) voting Directors elected by their respective Segments as follows

1 One (1) Independent Generator and one (1) Segment Alternate 2 One (1) IOU and one (1) Segment Alternate 3 One (1) Independent Power Marketer and one (1) Segment Alternate 4 One (1) Independent REP and one (1) Segment Alternate 5 One (1) Municipal and one (1) Segment Alternate 6 One (1) Cooperative and one (1) Segment Alternate

(e) One (1) voting Director representing Industrial Consumers and one (1) Segment

Alternate (f) One (1) voting Director representing Large Commercial Consumers and one (1) Segment

Alternate and (g) Five (5) voting Directors selected as Unaffiliated Directors

Amended and Restated Section 43

Section 43 Selection Tenure and Requirements of Directors and Segment Alternates (a) Selection of Market Segment Directors and Segment Alternates

(1) For Consumer Directors the following shall apply The Director and Segment Alternate from the Commercial Consumer subsegment shall be selected by the Large Commercial Consumer Corporate Members If there are no Large Commercial Consumer Corporate Members eligible or willing to serve then the current Large Commercial Consumer Director shall appoint the Large Commercial Consumer Director and Segment Alternate The Industrial Consumer Director and Segment Alternate shall be elected by the Industrial Consumer Corporate Members

(2) Within each Market Segment represented on the Board (except for the Consumer

Segment which follows the process described in Section 43(a)(1)) only Corporate Members of the respective Membership Segment for the available Board seat shall be allowed to elect a Director and a Segment Alternate for that seat

(3) The Board shall establish procedures for the election and appointment of new

Directors Segment Alternates and Representatives of TAC A Segment may choose an alternate election procedure for the year by an affirmative vote of at least two-thirds of members of that Segment and may conduct elections as needed to fill any Director or Segment Alternate vacancies

(4) With regard to eligibility of Consumer Directors (other than the ex officio

Consumer Director representing Residential and Small Commercial Consumers) Market Segment Directors and Segment Alternates the following shall apply

(i) Each Director and Segment Alternate respectively elected by the Industrial

Consumer subsegment or the Independent Generator Independent Power Marketer Independent Retail Electric Provider or Investor Owned Utility Market Segments must be an employee of

a a Corporate or Associate Member or b an Affiliate of a Corporate or Associate Member of the respective

Market Segment or subsegment which provides services through the Affiliatersquos employees to such Corporate or Associate Member

(ii) Each Director and Segment Alternate respectively elected by the Large

Commercial Consumer subsegment [as described in Section 43(a)(1)] or by the Cooperative or Municipal Market Segments must be an employee of a Corporate or Associate Member

(iii) Unless otherwise provided in these Bylaws if a Director or Segment

Alternate is elected or appointed to serve on the Board such person is only

eligible to serve in such capacity so long as he or she is an employee of the same Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) as he or she was at the time of such election or appointment If the Member or Affiliate as described in Section 43(a)(4)(i)(b) (as applicable) is subject to a corporate restructure for tax or operational purposes which is not the result of a merger or acquisition then such restructure shall not affect the eligibility of the Director or Segment Alternate

Official Consent and Ballot Form for Election of Unaffiliated Director for the ERCOT Board of Directors and

Approval of Proposed ERCOT Bylaws Amendment

For

Against

The undersigned Corporate Member of ERCOT (Member) votes to elect Peter Cramton as an Unaffiliated Director to be seated on the ERCOT Board of Directors (Board) as soon as possible subject to Public Utility Commission of Texas (PUCT) approval whose professional background information is provided in Attachment 1 to the Notice of Special Meeting of Corporate Members (Notice) that accompanied this Official Consent and Ballot Form (Form)

The undersigned Member approves the proposed ERCOT Bylaws amendment approved and recommended by the Board subject to PUCT approval as reflected in Attachment 2 to the Notice that accompanied this Form

I hereby certify that 1 I am a duly authorized representative of the Corporate Member of ERCOT listed below 2 I consent to this action in writing in lieu of the Special Meeting of the Corporate Members currently

scheduled for Wednesday May 27 2015 and 3 My votes on the election of Unaffiliated Director for the Board and approval of proposed ERCOT

Bylaws Amendment are listed above _______________________________________ Signature Name Corporate Member (Organization or Company) Date Please make every effort to return this Official Consent and Ballot Form (Ballot) no later than 500 pm on Friday May 15 2015 The Ballot can be submitted via email (pdf version) to membershipercotcom via facsimile to 512-225-7079 or via first class mail to ERCOT Attention Membership 7620 Metro Center Drive Austin Texas 78744 If you have any questions please contact Tisa Wilkins at membershipercotcom

City of Lake Jackson

Submitted by Alice A Rodgers City Secretary

Presented by

Meeting Date May 4 2015

Subject Annexations

Action Requested DISCUSS AND CONSIDER A RESOLUTION OPPOSING SB1639 WHICH WOULD CURTAIL A CITYrsquoS ABILITY TO ANNEX PROPERTY Alternatives Summary of Subject Attached you will find a Resolution opposing SB 1639 regarding annexations Also attached is information from Texas Municipal League regarding this Bill Action Taken Tabled Deferred Denied Approved

April 29 2015

The Honorable Eddie Lucio

TEXAS MUNICIPAL LEAGUE

President Nelda Martinez Mayor Corpus Christi Executive Director Bennett Sandlin

Senate Intergovernmental Relations Committee PO Box 2910 Austin Texas 78768

Dear Mr Chainnan

The purpose of this letter is to inform you of the Texas Municipal Leagues opposition to Senate Bill 1639 by Campbell The bill would do many things The most harmful provisions in the bill would require voter approval of an annexation of an area with more than 200 residents (Other annexations require a vote iftriggered by a petition)

According to the author of the House version of the bill (HB 2221) these bills were filed because

Back in the 1990s Kingwood was forcefully annexed by the City of Houston No one living in Kingwood wanted to be annexed at all but they had no choice in the matter To this day the people of Kingwood still despise the relationship that they have with the City of Houston My boss was in Kingwood throughout the annexation process and saw how invasive the annexation was to his cmmnunity This hill is an attempt to ensure that this does not happen to any other group of property owners

Legislation was passed more than a decade ago to address the complaints of the residents of Kingwood That legislation Senate Bill 89 in 1999 was a hard-fought compromise that ensures appropriate services to highly-populated areas But it doesnt require an election prior to a city annexing So why hasnt an election requirement been put in place over the more than a century of unilateral rumexations Hopefully it is because you and other legislators understand that cities support the states economy through the services they provide

Texas ranks veiy low ( 45th) among the states in total per capita tax burden Telling however is the fact that it ranks much higher (27th) in local taxes per capita The reason is that compared to those in other states Texas cities and other local governments pay for more services that benefit the entire state and unlike other states Texas cities receive little state-generated revenue

If annexation authority were to be severely curtailed or eliminated Texas would become the only state in the nation that denies both state financial assistance and annexation authority to its cities Opponents of annexation cannot point to a single state that has restricted annexation authority without implementing fiscal assistance programs under which the state helps cities pay for the infrastructure on which the entire state depends

1821 Rutherford Lane Suite 400 Austin Texas 78754 P 512-231-7400 bull F 512-231-7490 bull wwwtmlorg

Fmther the annexation property rights fallacy is one issue that should be quickly dispatched Iu cities across the state landowners protest annexations as taxation without representation In a 1999 aiticle for the Houston Review in response to the Kingwood annexation the author made this argument

Of course the cities consider any bill requiring a [popular] vote [on annexation] to be punitive When American colonists wanted the right to vote on British tax increases you can bet many of the British aristocrats also felt such a proposal was punitive It is amazing that the democratic right to vote on becoming pait of a city could be considered punitive

His argument is flawed because upon annexation the law grants residents of an annexed area the power to vote in all matters relating to the city Annexation simply does not impose taxation without representation Another way to analyze the fallacy is to consider school district propeity taxes Every person in Texas who owns taxable property pays his or her local school tax Even a prope1ty owner who has no children and will never have children must do so The reason for this is simple For the state to succeed it needs educated citizens Because every property owner benefits from a prosperous state it makes sense that every property owner should bear a portion of that tax burden The same is true for cities and the services they provide

State legislators who believe residents of an area should have the right to vote on whether they are annexed should be aware of other states where cities are similarly handcuffed If San Antonio for example had the same boundaries it had in 1945 it would contain more poverty and unemployment than Newark New Jersey The failure to aimex prosperous surrounding areas was pattially responsible for the unprecedented bankruptcy of Detroit With annexation limitations such as a popular vote requirement Texas cities could languish economically as so many n01thern cities do

Under the system of intergovernmental finance in Texas you and other state leaders have thus far recognized that - while propeity rights are a core issue for Texans - keeping the Texas Miracle alive and the economy afloat is preeminent Legislators and city officials should always give due consideration to fairness but legislators should also recognize that the economy not property rights is the key annexation issue

For that reason the Texas Municipal League is opposed to SB 1639

Sincerely

Scott Houston General Counsel and Deputy Executive Director

cc Members of the Senate Intergovernmental Relations Committee

RESOLUTION NO 15-R-716

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE JACKSON TEXAS OPPOSING SENATE BILL 1639 AND HOUSE BILL 2221 WHICH WOULD REQUIRE VOTER APPROVAL OF ANNEXATION AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS Senate Bill 1639 and House Bill 2221 have been filed in the 84th Regular Session of the Texas Legislature and

WHEREAS Senate Bill 1639 and House Bill 2221propose to restrict municipal annexations and

WHEREAS such a restriction would prevent municipalities from growing and

WHEREAS municipalities must increase their tax base in order provide infrastructure and city services to its residents and

WHEREAS non-residents who live close to city limits also use the infrastructure and other services of the municipalities but donrsquot contribute to the costs and

WHEREAS municipal services that non-residents use are roads libraries senior centers parks and the businesses that municipalities attract through economic development agreements and

WHEREAS other states such as New Jersey and Michigan that only allow annexation to be approved by petition or elections have seen their municipalities decline and

WHEREAS there is adequate existing legislation that requires municipalities to give the annexed residents all of the services the area needs such as police fire roads water and sewer and

WHEREAS if such services are not provided the annexed residents may petition for disannexation

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON

Section 1 The City Council of the City of Lake Jackson strongly opposes Senate Bill 1639 and House Bill 2221 and all legislation that would further restrict a municipalityrsquos ability to annex contiguous property that is in the municipalityrsquos extra-territorial jurisdiction and is in the municipalityrsquos annexation plan

Section 2 That this Resolution shall be sent to the Intergovernmental Relations Committee Sen Eddie Lucio Jr and Rep Dennis Bonnen

PASSED AND APPROVED on this 4th day of May 2015

_________________________________ Joe Rinehart Mayor ATTEST __________________________________ Alice A Rodgers City Secretary

APPROVED AS TO FORM __________________________________ Sherri Russell City Attorney

By Campbell SB No 1639

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for municipal annexations

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS

SECTION 1 Subchapter A Chapter 43 Local Government Code is amended by adding

Section 43003 to read as follows

Sec 43003 LIMITED PURPOSE ANNEXATION PROHIBITED (a) Beginning

September 1 2015 a municipality may not annex an area for the limited purposes of applying its

planning zoning health and safety ordinances in the area

(b) This section supersedes any municipal charter provision that conflicts with this

section

SECTION 2 Section 43029 Local Government Code is amended by amending

Subsection (c) and adding Subsections (d) (e) (f) and (g) to read as follows

(c) The board of trustees of a public school occupying the area may petition the

governing body of the municipality in writing to annex the area [Sections 43028(c)-(f) apply to

the petition and annexation under this section in the same manner in which they apply to the

petition and annexation under that section]

(d) The petition must describe the area by metes and bounds and must be acknowledged

in the manner required for deeds by each person having an interest in the area

(e) After the 5th day but on or before the 30th day after the date the petition is filed the

governing body shall hear the petition and the arguments for and against the annexation and shall

Page - 1 -

SB No 1639

grant or refuse the petition as the governing body considers appropriate

(f) If the governing body grants the petition the governing body by ordinance may annex

the area On the effective date of the ordinance the area becomes a part of the municipality and

the inhabitants of the area are entitled to the rights and privileges of other citizens of the

municipality and are bound by the acts and ordinances adopted by the municipality

(g) If the petition is granted and the ordinance is adopted a certified copy of the

ordinance together with a copy or duplicate of the petition shall be filed in the office of the

county clerk of the county in which the municipality is located

SECTION 3 Section 43051 Local Government Code is transferred to Subchapter B

Chapter 43 Local Government Code redesignated as Section 430211 Local Government Code

and amended to read as follows

Sec 430211 [43051] AUTHORITY TO ANNEX LIMITED TO

EXTRATERRITORIAL JURISDICTION A municipality may annex area only in the

municipalitys [its] extraterritorial jurisdiction unless the municipality owns the area

SECTION 4 Subchapter B Chapter 43 Local Government Code is amended by adding

Sections 430212 and 430213 to read as follows

Sec 430212 AUTHORITY TO ANNEX NONCONTIGUOUS AREAS A

municipality may annex an area that is noncontiguous to the boundaries of the municipality if the

area is in the municipalitys extraterritorial jurisdiction

Sec 430213 AUTHORITY OF MUNICIPALITY TO ANNEX AREA ON REQUEST

OF OWNERS (a) A municipality may annex an area if each owner of land in the area requests

the annexation

(b) If a municipality elects to annex an area under this section the governing body of the

Page -2 -

SB No 1639

municipality must first negotiate and enter into a written agreement for the provision of services

in the area with the owners of land in the area The municipality is not required to provide a

service that is not included in the agreement

(c) Before a municipality may annex an area under this section the governing body of

the municipality must conduct at least two public hearings The hearings must be conducted not

less than 10 business days apart During the first public hearing the governing body must

provide persons interested in the annexation the opportunity to be heard During the final public

hearing the governing body may adopt an ordinance annexing the area

SECTION 5 The heading to Subchapter C Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C ANNEXATION OF AREAS WITH A POPULATION OF LESS THAN 200

[PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN]

SECTION 6 Subchapter C Chapter 43 Local Government Code is amended by adding

Sections 430511 through 430517 to read as follows

Sec 430511 AUTHORITY TO ANNEX A municipality may annex an area with a

population of less than 200 only if the municipality obtains consent to annex the area through a

petition signed by

(1) more than 50 percent of the registered voters of the area and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area more than 50 percent of the owners of land in the area

Sec 430512 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

Page -3 -

SB No 1639

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430513 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430512 the municipality must mail to each resident in the area notification of the proposed

annexation that includes

(1) notice of the public hearing required by Section 430514

(2) an explanation of the 60-day petition period described by Section 430515

and

(3) a description of services to be provided by the municipality in the area after

Page -4 -

SB No 1639

the annexation

Sec 430514 INITIAL PUBLIC HEARING The governing body of a municipality

must conduct at least one public hearing not earlier than the 21st day and not later than the 30th

day after the date the governing body adopts the resolution under Section 430512

Sec 430515 PETITION (a) The petition required by Section 430511 may be signed

only by a registered voter of the area or an owner of land in the area The petition must provide

for the person signing to state whether the person is signing as a registered voter of the area as

an owner of land in the area or as both

(b) The municipality may collect signatures on the petition only during the period

beginning on the 31st day after the date the governing body of the municipality adopts the

resolution under Section 430512 and ending on the 90th day after the date the resolution is

adopted

(c) The petition must clearly state that a person signing the petition is consenting to the

proposed annexation

(d) The petition must include a map of and describe the area proposed to be annexed

(e) The municipality must collect petition signatures in person except that the

municipality may provide for an owner of land in the area that is not a resident of the area to sign

the petition electronically

(f) Chapter 277 Election Code applies to a petition under this section

Sec 430516 RESULTS OF PETITION (a) When the petition period prescribed by

Section 430515 ends the petition shall be verified by the municipal secretary or other person

responsible for verifying signatures The municipality must notify the residents of the area

proposed to be annexed of the results of the petition

Page -5 -

SB No 1639

(b) If the municipality does not obtain the number of signatures on the petition required

to annex the area the municipality may not annex the area and may not adopt another resolution

under Section 430512 to annex the same area until the first anniversary of the date the petition

period ended

(c) If the municipality obtains the number of signatures on the petition required to annex

the area the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430517 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430516 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

petition period prescribed by Section 430515 ends

SECTION 7 The heading to Subchapter C-1 Chapter 43 Local Government Code is

amended to read as follows

SUBCHAPTER C-1 ANNEXATION OF AREAS WITH A POPULATION OF AT LEAST 200

[PROCEDURE FOR AREAS EXEMPTED FROM MUNICIPAL ANNEXATION PLAN]

SECTION 8 Subchapter C-1 Chapter 43 Local Government Code is amended by

Page -6 -

SB No 1639

adding Sections 430611 through 430618 to read as follows

Sec 430611 AUTHORITY TO ANNEX A municipality may annex an area with a

population of 200 or more only if the following conditions are met as applicable

(1) the municipality holds an election in the area proposed to be annexed at

which the qualified voters of the area may vote on the question of the annexation and a majority

of the votes received at the election approve the annexation and

(2) if the registered voters of the area do not own more than 50 percent of the

land in the area the municipality obtains consent to annex the area through a petition signed by

more than 50 percent of the owners of land in the area

Sec 430612 RESOLUTION The governing body of the municipality that proposes to

annex an area under this subchapter must adopt a resolution that includes

(1) a statement of the municipalitys intent to annex the area

(2) a detailed description and map of the area to be annexed and

(3) a description of the services to be provided by the municipality in the area

after the annexation including as applicable

(A) police protection

(B) fire protection

(C) emergency medical services

(D) solid waste collection

(E) operation and maintenance of water and wastewater facilities in the

annexed area

(F) operation and maintenance of roads and streets including road and

street lighting

Page -7 -

SB No 1639

(G) operation and maintenance of parks playgrounds and swimming

pools and

(H) operation and maintenance of any other publicly owned facility

building or service

Sec 430613 NOTICE OF PROPOSED ANNEXATION Not later than the seventh

day after the date the governing body of the municipality adopts the resolution under Section

430612 the municipality must mail to each property owner in the area notification of the

proposed annexation that includes

(1) notice of the public hearing required by Section 430614

(2) notice that an election on the question of annexing the area will be held and

(3) a description of services to be provided by the municipality in the area after

the annexation

Sec 430614 PUBLIC HEARINGS (a) The governing body of a municipality must

conduct at least one public hearing not earlier than the 21st day and not later than the 30th day

after the date the governing body adopts the resolution under Section 430612

(b) The governing body must conduct an additional public hearing not earlier than the

31st day and not later than the 90th day after the date the governing body adopts a resolution

under Section 430612

Sec 430615 PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS

(a) If the registered voters in the area to be annexed do not own more than 50 percent of the land

in the area the municipality must obtain consent to the annexation through a petition signed by

more than 50 percent of the owners of land in the area in addition to the election required by this

subchapter

Page -8 -

SB No 1639

(b) The municipality must obtain the consent required by this section through the petition

process prescribed by Section 430515 and the petition must be verified in the manner provided

by Section 430516(a)

Sec 430616 ELECTION (a) A municipality shall order an election on the question of

annexing an area to be held on the first uniform election date that falls on or after

(1) the 90th day after the date the governing body of the municipality adopts the

resolution under Section 430612 or

(2) if the consent of the owners of land in the area is required under Section

430615 the 78th day after the date the petition period to obtain that consent ends

(b) An election under this section shall be held in the same manner as general elections

of the municipality The municipality shall pay for the costs of holding the election

(c) A municipality that holds an election under this section may not hold another election

on the question of annexation before the corresponding uniform election date of the following

year

Sec 430617 RESULTS OF ELECTION AND PETITION (a) Following an election

held under this subchapter the municipality must notify the residents of the area proposed to be

annexed of the results of the election and if applicable of the petition required by Section

430615

(b) If at the election held under this subchapter a majority of qualified voters do not

approve the proposed annexation or if the municipality is required to petition owners of land in

the area under Section 430615 and does not obtain the required number of signatures the

municipality may not annex the area and may not adopt another resolution under Section

430612 to annex the same area until the first anniversary of the date of the adoption of the

Page -9 -

SB No 1639

resolution

(c) If at the election held under this subchapter a majority of qualified voters approve the

proposed annexation and if the municipality as applicable obtains the required number of

petition signatures under Section 430615 the municipality may annex the area after

(1) providing notice under Subsection (a)

(2) holding a public hearing at which members of the public are given an

opportunity to be heard and

(3) holding a final hearing not earlier than the 10th day after the date of the

public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted

Sec 430618 VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION

Notwithstanding Section 430617 a municipality may not annex an area under this subchapter

without approval of a majority of the voters voting at an election called and held for that purpose

if a petition protesting the annexation is signed by a number of registered voters of the

municipality equal to at least 50 percent of the number of voters who voted in the most recent

municipal election and is received by the secretary of the municipality before the date the

election required by this subchapter is held

SECTION 9 Section 43071(e) Local Government Code is amended to read as follows

(e) Subsections (b) and (c) [(b)-(d)] do not apply to the annexation of

(1) an area within a water or sewer district if

(A) the governing body of the district consents to the annexation

(B) the owners in fee simple of the area to be annexed consent to the

annexation and

(C) the annexed area does not exceed 525 feet in width at its widest point

Page -10 -

SB No 1639

(2) a water or sewer district that has a noncontiguous part that is not within the

extraterritorial jurisdiction of the municipality or

(3) a part of a special utility district created or operating under Chapter 65 Water

Code

SECTION 10 Section 430715(c) Local Government Code is amended to read as

follows

(c) At the time notice of the municipalitys intent to annex the land within the district is

first published [in accordance with Section 43052] the municipality shall proceed to initiate and

complete a report for each developer conducted in accordance with the format approved by the

Texas [Natural Resource Conservation] Commission on Environmental Quality for audits In the

event the municipality is unable to complete the report prior to the effective date of the

annexation as a result of the developers failure to provide information to the municipality which

cannot be obtained from other sources the municipality shall obtain from the district the

estimated costs of each project previously undertaken by a developer which are eligible for

reimbursement The amount of such costs as estimated by the district shall be escrowed by the

municipality for the benefit of the persons entitled to receive payment in an insured interest-

bearing account with a financial institution authorized to do business in the state To compensate

the developer for the municipalitys use of the infrastructure facilities pending the determination

of the reimbursement amount or federal preclearance all interest accrued on the escrowed funds

shall be paid to the developer whether or not the annexation is valid Upon placement of the

funds in the escrow account the annexation may become effective In the event a municipality

timely escrows all estimated reimbursable amounts as required by this subsection and all such

amounts determined to be owed including interest are subsequently disbursed to the developer

Page -11 -

SB No 1639

within five days of final determination in immediately available funds as required by this section

no penalties or interest shall accrue during the pendency of the escrow Either the municipality

or developer may by written notice to the other party require disputes regarding the amount

owed under this section to be subject to nonbinding arbitration in accordance with the rules of

the American Arbitration Association

SECTION 11 Section 43072(d) Local Government Code is amended to read as

follows

(d) Annexation of area under this section is exempt from the provisions of this chapter

that prohibit

(1) a municipality from annexing area outside its extraterritorial jurisdiction or

(2) [annexation of area narrower than the minimum width prescribed by Section

43054 or

[(3)] reduction of the extraterritorial jurisdiction of a municipality without the

written consent of the municipalitys governing body

SECTION 12 Section 430751 Local Government Code is amended by amending

Subsections (b) (d) (e) (f) (g) (h) (j) (k) (m) and (n) and adding Subsection (e-1) to read as

follows

(b) The governing bodies of a municipality and a district may negotiate and enter into a

written strategic partnership agreement for the district by mutual consent The governing body

of a municipality on written request from a district located in the municipalitys extraterritorial

jurisdiction [included in the municipalitys annexation plan under Section 43052] may [shall]

negotiate and enter into a written strategic partnership agreement with the district [A district

included in a municipalitys annexation plan under Section 43052

Page -12 -

SB No 1639

[(1) may not submit its written request before the date of the second hearing

required under Section 430561 and

[(2) must submit its written request before the 61st day after the date of the

second hearing required under Section 430561]

(d) Before the governing body of a municipality or a district adopts a strategic

partnership agreement it shall conduct two public hearings at which members of the public who

wish to present testimony or evidence regarding the proposed agreement shall be given the

opportunity to do so Notice of public hearings conducted by the governing body of a

municipality under this subsection shall be published in a newspaper of general circulation in the

municipality and in the district[ The notice must be in the format prescribed by Section

43123(b)] and must be published at least once on or after the 20th day before the [each] date of

each hearing The notice may not be smaller than one-quarter page of a standard-size or tabloid-

size newspaper and the headline on the notice must be in 18-point or larger type Notice of

public hearings conducted by the governing body of a district under this subsection shall be

given in accordance with the districts notification procedures for other matters of public

importance Any notice of a public hearing conducted under this subsection shall contain a

statement of the purpose of the hearing the date time and place of the hearing and the location

where copies of the proposed agreement may be obtained prior to the hearing The governing

bodies of a municipality and a district may conduct joint public hearings under this subsection

provided that at least one public hearing is conducted within the district

(e) [The governing body of a municipality may not annex a district for limited purposes

under this section or under the provisions of Subchapter F until it has adopted a strategic

partnership agreement with the district] The governing body of a municipality may not adopt a

Page -13 -

SB No 1639

strategic partnership agreement before the agreement has been adopted by the governing body of

the affected district

(e-1) Beginning September 1 2015 a strategic partnership agreement may not provide

for limited purpose annexation

(f) A strategic partnership agreement may provide for the following

(1) [limited-purpose annexation of the district on terms acceptable to the

municipality and the district provided that the district shall continue in existence during the

period of limited-purpose annexation

[(2) limited-purpose annexation of a district located in a county with a population

of more than 33 million

[(A) only if the municipality does not require services permits or

inspections or impose fees for services permits or inspections within the district and

[(B) provided that this subsection does not prevent the municipality from

providing services within the district if

[(i) the provision of services is specified and agreed to in the

agreement

[(ii) the provision of services is not solely the result of a

regulatory plan adopted by the municipality in connection with the limited-purpose annexation of

the district and

[(iii) the district has obtained the authorization of the

governmental entity currently providing the service

[(3)] payments by the municipality to the district for services provided by the

district

Page -14 -

SB No 1639

(2) [(4)] annexation of any commercial property in a district [for full purposes]

by the municipality notwithstanding any other provision of this code or the Water Code except

for the obligation of the municipality to provide directly or through agreement with other units

of government full provision of municipal services to annexed territory in lieu of any

annexation of residential property or payment of any fee on residential property in lieu of

annexation of residential property in the district authorized by this subsection

(3) an [(5) a full-purpose] annexation provision on terms acceptable to the

municipality and the district

(4) [(6)] conversion of the district to a limited district including some or all of the

land included within the boundaries of the district which conversion shall be effective on the

[full-purpose] annexation conversion date established under Subdivision (3) [(5)]

(5) [(7)] agreements existing between districts and governmental bodies and

private providers of municipal services in existence on the date a municipality evidences its

intention by adopting a resolution to negotiate for a strategic partnership agreement with the

district shall be continued and provision made for modifications to such existing agreements and

(6) [(8)] such other lawful terms that the parties consider appropriate

(g) A strategic partnership agreement that provides for the creation of a limited district

under Subsection (f)(4) [(f)(6)] shall include provisions setting forth the following

(1) the boundaries of the limited district

(2) the functions of the limited district and the term during which the limited

district shall exist after [full-purpose] annexation which term may be renewed successively by

the governing body of the municipality provided that no such original or renewed term shall

exceed 10 years

Page -15 -

SB No 1639

(3) the name by which the limited district shall be known and

(4) the procedure by which the limited district may be dissolved prior to the

expiration of any term established under Subdivision (2)

(h) On the [full-purpose] annexation conversion date set forth in the strategic partnership

agreement pursuant to Subsection (f)(3) [(f)(5)(A)] the land included within the boundaries of

the district shall be deemed to be within the [full-purpose] boundary limits of the municipality

without the need for further action by the governing body of the municipality The [full-purpose]

annexation conversion date established by a strategic partnership agreement may be altered only

by mutual agreement of the district and the municipality However nothing herein shall prevent

the municipality from terminating the agreement and instituting proceedings to annex the district

on request by the governing body of the district on any date prior to the [full-purpose]

annexation conversion date established by the strategic partnership agreement [Land annexed

for limited or full purposes under this section shall not be included in calculations prescribed by

Section 43055(a)]

(j) Except as limited by this section or the terms of a strategic partnership agreement a

district that has been annexed for limited purposes by a municipality before September 1 2015

and a limited district shall have and may exercise all functions powers and authority otherwise

vested in a district

(k) A municipality that has annexed all or part of a district for limited purposes under

this section before September 1 2015 may impose a sales and use tax within the boundaries of

the part of the district that is annexed for limited purposes Except to the extent it is inconsistent

with this section Chapter 321 Tax Code governs the imposition computation administration

governance and abolition of the sales and use tax

Page -16 -

SB No 1639

(m) A municipality that has annexed [may annex] a district for limited purposes to

implement a strategic partnership agreement under this section before September 1 2015 shall

not annex for full purposes any territory within a district created pursuant to a consent agreement

with that municipality executed before August 27 1979 The prohibition on annexation

established by this subsection shall expire on September 1 1997 or on the date on or before

which the municipality and any district may have separately agreed that annexation would not

take place whichever is later

(n) This subsection applies only to a municipality any portion of which is located in a

county that has a population of not less than 285000 and not more than 300000 and that borders

the Gulf of Mexico and is adjacent to a county with a population of more than 33 million A

municipality may impose within the boundaries of a district a municipal sales and use tax

authorized by Chapter 321 Tax Code or a municipal hotel occupancy tax authorized by Chapter

351 Tax Code that is imposed in the municipality if

(1) the municipality has annexed the district for limited purposes under this

section before September 1 2015 or

(2) following two public hearings on the matter the municipality and the district

enter a written agreement providing for the imposition of the tax or taxes

SECTION 13 Subchapter D Chapter 43 Local Government Code is amended by

adding Section 4307512 to read as follows

Sec 4307512 LIMITED PURPOSE ANNEXATION OF ANY SPECIAL DISTRICT

PROHIBITED UNDER STRATEGIC PARTNERSHIP AGREEMENT (a) In this section

special district means a political subdivision of this state with a limited geographic area created

by local law or under general law for a special purpose

Page -17 -

SB No 1639

(b) Notwithstanding any other general or local law a strategic partnership agreement

entered into on or after September 1 2015 may not provide for the limited purpose annexation

of all or part of a special district

SECTION 14 Section 4307515(a) Local Government Code is amended to read as

follows

(a) A municipality may not regulate under Section 430751 [or 430752] the sale use

storage or transportation of fireworks outside of the municipalitys boundaries

SECTION 15 Section 43102(d) Local Government Code is amended to read as

follows

(d) The municipality may annex the area even if the area is outside the municipalitys

extraterritorial jurisdiction or [] is in another municipalitys extraterritorial jurisdiction[ or is

narrower than the minimum width prescribed by Section 43054 Section 43055 which relates

to the amount of area a municipality may annex in a calendar year does not apply to the

annexation]

SECTION 16 Section 431025(c) Local Government Code is amended to read as

follows

(c) Annexation of the [The] area described by Subsection (b) [may be annexed without

the consent of the owners or residents of the area but the annexation] may not occur unless each

municipality in whose extraterritorial jurisdiction the area may be located

(1) consents to the annexation and

(2) reduces its extraterritorial jurisdiction over the area as provided by Section

42023

SECTION 17 Subchapter F Chapter 43 Local Government Code is amended by

Page -18 -

SB No 1639

adding Section 431211 to read as follows

Sec 431211 APPLICABILITY This subchapter applies to an area that was annexed

for a limited purpose as authorized before September 1 2015

SECTION 18 Section 43127(a) Local Government Code is amended to read as

follows

(a) On [Except as provided by Section 43123(e) on] or before the date prescribed by the

regulatory plan prepared for the limited purpose area [under Section 43123(d)(2)] the

municipality must annex the area for full purposes [This requirement may be waived and the

date for full-purpose annexation postponed by written agreement between the municipality and a

majority of the affected landowners A written agreement to waive the municipalitys obligation

to annex the area for full purposes binds all future owners of land annexed for limited purposes

pursuant to that waiver]

SECTION 19 Section 43141(a) and (b) Local Government Code are amended to read

as follows

(a) A majority of the qualified voters of an annexed area may petition the governing

body of the municipality to disannex the area if the municipality fails or refuses to provide

services or to cause services to be provided to the area [within the period specified by Section

43056 or by the service plan prepared for the area under that section]

(b) If the governing body fails or refuses to disannex the area within 60 days after the

date of the receipt of the petition any one or more of the signers of the petition may bring a

cause of action in a district court of the county in which the area is principally located to request

that the area be disannexed On the filing of an answer by the governing body and on

application of either party the case shall be advanced and heard without further delay in

Page -19 -

SB No 1639

accordance with the Texas Rules of Civil Procedure The district court shall enter an order

disannexing the area if the court finds that a valid petition was filed with the municipality and

that the municipality failed to perform [its obligations in accordance with the service plan or

failed to perform] in good faith

SECTION 20 Section 43201(2) Local Government Code is amended to read as

follows

(2) Limited-purpose annexation means annexation authorized under former

Section 43121 as that section existed on January 1 2015

SECTION 21 Section 43203(a) Local Government Code is amended to read as

follows

(a) This section applies only to the [The] governing body of a district that by resolution

petitioned [may petition] a municipality to alter the annexation status of land in the district from

full-purpose annexation to limited-purpose annexation and before September 1 2015

(1) entered into an agreement to alter the status of annexation as provided by this

section or

(2) had its status automatically altered by operation of Subsection (c)

SECTION 22 Section 43905(a) Local Government Code is amended to read as

follows

(a) A municipality that proposes to annex an area shall provide written notice of the

proposed annexation to each public school district located in the area proposed for annexation

within the period prescribed for publishing the notice of the first hearing under Section 430213

430514 [430561] or 430614 [43063] as applicable

SECTION 23 Section 7750754(d) Health and Safety Code is amended to read as

Page -20 -

SB No 1639

follows

(d) A municipality that enters into an agreement under this section is not required to

provide emergency services in that annexed territory To the extent of a conflict between this

subsection and [Section 43056 Local Government Code or] any other law this subsection

controls

SECTION 24 (a) Sections 420411 43021 43022 43023 43024 43025 43028

43030 43032 43033 43034 43035(c) 43036 43052 43053 43054 430545 430546

43055 43056 430561 430562 430563 430564 430565 430567 43057 43061 43062

43063 43064 43065 43071(d) (f) and (g) 43072(c) (e) (g) (h) (i) (j) (k) (l) and (m)

430751(o) and (r) 430752 43101(c) and (d) 43102(c) 431025(e) and (g) 43103 43105

43121 43122 43123 43124 43125 43126 43129 43131 43132 43147 Local

Government Code are repealed

(b) Subchapter Y Chapter 43 Local Government Code is repealed

(c) Sections 8374252(a) 8375252(a) 8376252(a) 8377252(a) 8378252(a)

8382252(a) 8383252(a) 8384252(a) 8385252(a) and 8477302(a) Special District Local

Laws Code are repealed

SECTION 25 The changes in law made by this Act do not apply to an annexation for

which the first hearing notice required by former Section 430561 or 43063 Local Government

Code as applicable was published before the effective date of this Act An annexation

described by this section is governed by the law in effect at the time the notice was published

and the former law is continued in effect for that purpose

SECTION 26 This Act takes effect September 1 2015

Page -21 -

Page 1 of 3

ENGINEERING DEPARTMENT 25 Oak Drive Lake Jackson Texas 77566

Project Updates May 4 2015

South Parking Place Downtown Revitalization Project 15-04-1976 Engineer Baker amp Lawson Contractor (previous update) The design activity has now been restarted with the acquiring of drawing files of the adjacent property proposed redevelopment project to dovetail with cityrsquos plan Wersquoll keep a closer progress status to bring this within expectations The drawing file exchange has geared up recently between the civil drafting activity and the landscape architect plan work A conference call coordination meeting was held Friday May 1st to provide the status and needs of the team and develop the action plans to set a development target milestone and project development schedule A May 25th date has been tentatively set as a gauging mark for the project construction schedule Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Extension of Water Utilities to Texas Gulf Coast Regional Airport amp North Water Plant Project 13-09-10963 Engineer Ince Engineering Contractor

North Water Plant ndash Technical review questions have been answered TCEQ is estimating their review date to be June 9 2015 After the technical reviewer is finished TCEQ reserves 30 days for signatures

Anticipated Start Date December 2013 Anticipated Completion Date August 2014 Bid Amount Change Order

Paving Drainage amp Utility Improvements on Camellia Camellia Ct Bluebonnet Ct Elm Ct Hybiscus Ct Lantana Ct Lupine Ct Periwinkle Ct Vinca Ct Project 14-02-11776 Engineer Baker amp Lawson Contractor Sorrell Construction (previous update) Bid opened as scheduled on March 4th and the bids reviewed and discussed with contractor for council award action Bid awarded on March 16th to Sorrell Construction in a contract for $146247097 and authorization for documentation and contract finalization Preconstruction meeting held April 7th with Sorrell Construction team and city staff to determine construction action and work schedule plan to be followed The town meeting for the project is set for Thursday April 23 2015 at 630pm at the Civic Center Groundbreaking is expected to officially begin the following Monday April 27 2015

Page 2 of 3

Work began right on schedule with a significant effort being put out by the contractor to meet his aggressive work plan The removal of pavement began in the Vinca and Periwinkle Courts with half the sections being worked on and the remaining serving as the access to the residents The complaints have been nonexistent to this date indicating that the contractor and residents have been willing to cooperate as much as possible to bring about a faster completion of the project Although the work zone is appreciably congested by equipment autos and workers this itself sends the residents the right message of the contractors intent to get the work out As of Friday pavement of half of Vinca Court had already been replaced and a in-place concrete probe strength test set for faster traffic opening use Anticipated Start Date April 15 2015 Anticipated Completion Date Dec 15 2015 Bid Amount $146247097 Change Order

Downtown Revitalization ndash This Way Reserve Phase Between Circle Way amp Hwy 332 Project 15-02-1752 Engineer City Contractor (previous update) Project is being dogged for completion on a regular basis and is being promised for delivery before the end of April Staff will keep the pressure on for this to happen The construction review set was delivered to us April 24th and is being reviewed by staff for final comments and revisions We are hoping that these will be completed by the second week in May and put out for bid in mid June Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

Recreation Center Replacement of AHU-2 and AHU-5 Project 15-05-136 Engineer CAI Engineers Contractor Bid came in higher than budgeted Public hearing to amend budget is scheduled for 530PM May 14th Anticipated Start Date Anticipated Completion Date Bid Amount $15366000 Change Order

North Sewer Service Project 15-06-334 Engineer Ince Engineering Contractor (previous update) Received access to Alden tract and has been partially surveyed We still need to survey along FM 2004 but we need utility locate to perform their tasks Design phase will begin with a meeting between Alden Tract and the City which will be scheduled within the next two weeks A meeting was held on April 24th with Maury Reuben and Dannenbaum Engineers to introduce the scope and design parameters of the project and preliminary design concept This also was a coordination meeting to bring about a consensus of the best corridor for the system to be located in to work best and benefit the developer and the city A preliminary corridor was agreed with so that the surveying tasks of this segment could be released Anticipated Start Date Anticipated Completion Date

Page 3 of 3

Bid Amount Change Order

Plantation Drive Loganberry Crossing Bridge Culvert Structure and Oleander Crossing Pavement Modification and Traffic Plan Project 15-07-368 Contractor (previous update) A construction document with design and specifications was prepared by the engineering department and provided to the Plantation Park contractor for a request for proposal This project development is being processed through a developerrsquos agreement with BHW Capital the Apartment developers with the expectation that ldquoboots on the groundrdquo work force associated with the Plantation Drive extension will prove favorable to the project timeline and budget A request for proposal was issued to Blazer Construction the general contractor for the Plantation Park project and confirmed by them I donrsquot anticipate a fast response to this given that this would be performed toward the last of their contract In the meantime staff has prepared a set of plans for general bid and ready to implement if the request for proposal does not come in within expectations Anticipated Start Date Anticipated Completion Date Bid Amount Change Order

  • Texas Pledge
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      • CONSENT AGENDA
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        • Boards and Commissions
          • kljb min 031715
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                                      • TML Letter
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