2016 05 12 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF
THE CITY COUNCIL OF THE CITY OF BAYTOWN
MAY 12, 2016
The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, May 12,
2106, at 5:30 P.M., in the Hullum Conference Room of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brandon Capetillo Council Member
David McCartney Council Member
Chris Presley Council Member
Terry Sain Council Member
Stephen DonCarlos Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the May 12, 2016, City Council Regular Work Session with a quorum
present at 5:30 P.M., all members were present with the exception of Council Member Robert C.
Hoskins and Council Member Mercedes Renteria III who were absent.
1.
a. Discuss the Utility Customer Communication Plan.
City Manager Rick Davis presented the item and stated that staff went back to review its conservation
rate plan in order to consider possible options for the Council to consider regarding amendments to the
rate structure.
Finance Director, Wade Nickerson presented the Council with a quick comparison on water rates and
capital between the City of Baytown (the "City ") and the City of LaPorte ( "LaPorte "). Mr. Nickerson
stated that while on the surface the City's water rates are higher than that of LaPorte and the amount of
output or monies spent on capital projects to fix and/or maintain the City's water and sewer
infrastructure is significantly higher than that of LaPorte. It was noted that LaPorte spent an estimated
$2 million dollars on water related capital projects per year, while the City spent at least twice that
amount per year, without including the other large infrastructure projects; such as the upcoming $10
million dollar sewer replacement project in 2019.
City Manager Davis stated that any changes to the rate structure at this time would cost the City
anywhere from $100,000 to $1 million in revenue per year, which would negatively impact the high
dollar capital projects that are on the City's horizon in the next few years. Further, he noted that the City
City Council Regular Work Session Minutes
May 12, 2016
Page 2 of 4
has not increased the water and sewer rates in a number of years, as recommended by the water /sewer
rate study that was conducted a few years ago, and through good fiscal stewardship has managed to keep
the course on the rates. City Manager Davis recommended that Council hold the rates structure as is, and
see how revenues and capital expenditures come in for the next few years, before considering any
significant changes. He further stated that he requested staff to come up with a plan in order to educate
citizens in regards to the City's water rate structure (conservation rates) and the potential impact it will
have on their bill with the hot summer months coming up.
Mr. Nickerson presented Council with a public education plan that is being rolled out to the public by
the Utility Billing Division, in conjunction with the City's Public Affairs Office. He stated that the plan
includes the water rates structure and water use of each household on each water bill, in order for
citizens to have a better understanding of their own water usage and what it is going to cost them. He
further stated that water conservation tips and FAQs are now being distributed to every customer that
visits the Utility Billing Office and will be placed at all City buildings that are open to the public.
Additionally, he stated that this information will also be included on the back of the City's utility bills,
the City's various social media outlets, Channel 16 and various publications; i.e. The Bridge.
The Council encouraged staff to reach out The Baytown Sun, in order to disseminate this information to
citizens through their publication.
Utility Billing Coordinator, Gina Rivon presented a tri-fold of FAQs related to the Utility Billing Office
and its operations, in order to get relevant information in the hands of citizens. Council reviewed the
documents and voiced their recommended changes to be included in the final product. Ms. Rivon stated
that she and her staff are committed to educating the public about the services provided by the Utility
Billing Office and also provide them with the information needed to help them manage their water
usage.
City Manager Davis also noted that staff is researching new technology options that will allow staff to
better inform customers of their water usage, about any abnormalities in their water consumption or
allow for comparisons of water usage from one year to the next; this information could be transmitted
through email, robo -calls (Blakcboard Connect) or text.
During further discussion, a recommendation from Council was made that staff should change the name
of the water conservation rates to just water rates, in order to limit consumer confusion as the City's rates
are year round and not just when a water conservation order /notice is in place.
b. Discuss proposed amendments to the City of Baytown Unified Land Development Code
(ULDC) in relation to the Neighborhood Serving Commercial and Neighborhood
Conservation zoning districts to be considered for the City Council Regular Meeting Agenda for
May 12, 2016, which is attached.
Planning and Community Development Services Director, Tiffany Foster presented that agenda item
and some back ground information regarding two proposed amendments to the City of Baytown Unified
Land Development Code (ULDC), which will be considered at the Regular Council meeting later in the
evening. She reminded the Council that the ULDC is a relatively young Code and as such will continue
to be tweaked and changed as the City evolves.
City Council Regular Work Session Minutes
May 12, 2016
Page 3 of 4
Mrs. Foster stated that the first amendment is a cleanup item to remove all references of the
Neighborhood Conservation (NC) zoning district in the ULDC and Code of Ordinances. She noted that
the NC district is similar to the Mixed Use (MU) district in that after the initial rezoning of the City in
March 2013, these zoning districts were no longer available to be used within the City. She stated that
this particular district was also a little different then MU since the district was completely replaced by
new districts and does not exist on the zoning map anymore.
During further discussion, Council stated that they were comfortable with the amendment as presented.
Mrs. Foster presented the second proposed amendment changes the text of the ULDC by (1) adding a
definition for a "vegetative buffer zone," (2) allowing for nursing homes and assisted living facilities in
the Neighborhood Serving Commercial zoning district with conditions; and (3) adding vegetative buffer
zones to the compatibility standards for the NSC zoning district. She stated that currently, nursing
homes and assisted living facilities are not permitted in the NSC zoning district. She further stated that
the ULDC characterizes the NSC district as a transition zone or protective barrier between commercial
uses and adjacent residential uses, in which the appropriate uses in the NSC district would be smaller
scale and lower impact: for example, a big box retailer located adjacent to residential development
would not be an appropriate land use in NSC, but a medical clinic within a small strip center
development would be appropriate. Mrs. Foster stated that in order to ensure that the uses permitted in
the NSC zoning district are compatible, conditions like larger buffer areas, additional screening,
and directional lighting can be placed on certain types of uses. She stated that staff's recommendation is
that nursing homes and assisted living facilities be allowed uses in the NSC zoning district with the
following conditions:
1. provide 20 -foot vegetative buffer zone along the property line that abuts any multi - family or
residential zoning district; and
2. is located on an arterial or a collector.
Additionally, she stated that staff is also requesting that the compatibility standards for the NSC zoning
district be amended to include a 20 -foot vegetative buffer zone, as other commercial and industrial
uses are required to provide protection when adjacent to residential uses through the use of vegetative
buffer zones and open space.
During further discussion, Council discussed whether the 20 -foot vegetative buffer zone was necessary
for a nursing home adjacent to a neighborhood as this use seems more compatible with a neighborhood
than a commercial business that is only required to have a 10 -foot vegetative buffer from residential
areas. Mrs. Foster stated that the 20 -foot buffer seemed more reasonable for the nursing home as they
would be in a much larger land area than those commercial businesses that are allowed in the NSC
District. Specifically, she stated that there is a potential nursing home along Rollingbrook that would
have an eight (8) acre foot print, which would have a large impact on the surrounding residential
neighborhood. She stated that the 20 -foot buffer would allow for better mitigation of the large flood
lights in the parking lot and screening from the property. Mrs. Foster also noted that the commercial
businesses allowed in NSC are smaller and constitute your small coffee shops or other specialty /novelty
shops, which do not require such a large buffer.
City Council Regular Work Session Minutes
May 12, 2016
Page 4 of 4
The Council agreed in the inclusion of the vegetative buffer language and that nursing homes and
assisted living facilities be allowed uses in the NSC zoning district; however, Council did not agree on
whether the size of the buffer needed as a condition of the allowed use.
C. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda for
May 12, 2016, which is attached below.
This item was not discussed.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the May 12, 2016, City
Council Regular Work Session at 6:08 P.M.
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