2016 05 26 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
MAY 26, 2016
The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, May 26,
2016, at 5:15 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
Robert Hoskins
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 26, 2016, City Council Regular Work Session with a quorum
present at 5:27 P.M., all members were present with the exception of Council Member Presley who
arrived at 6:01 P.M., and Council Member Renteria who was absent.
1. DISCUSSIONS
a. Discuss the Fire Training Facility.
City Manager Davis presented the agenda item and stated that he discussed with Fire Chief Blake the
future of the Baytown Fire Training Field and the need for the industrial firefighting training component.
City Manager Davis handed out a picture that showed the original design of the project along with the
progress of the project thus far and noted that the industrial firefighting component is the next step in the
building process for the field. He stated that staff conducted some initial research into the demand and
cost for such a training field as to how we would incorporate the needs of our industrial partners and
further gage the interest of the surrounding industry and other private partners in financially partnering
with the City to build this industrial training site. City Manager Davis noted that many local industries
send their firefighters to the Texas A &M Fire Training Facility in College Station, an example being
Covestro that sent 81,000 firefighters in the last year at a cost of $2,200 to $2,500 per firefighter for a 2-
3 day training. He stated that there is a need for an industrial firefighting training facility to provide
quality training for local industrial firefighters at a lower cost than that provided in College Station. City
Manager Davis also noted that staff has already spoken to the Baytown Fire Control, Prevention and
EMS District (FCPEMSD) at their last meeting who are very supportive of this initiative.
City Council Regular Work Session Minutes
May 26, 2016
Page 2 of 7
Assistant Fire Chief, Bill Baylis stated that the next step for the fire training facility is the industrial
component, which includes a full classroom facility. He stated that although the training field is not fully
complete, it's already been utilized by several entities: such as ExxonMobil, San Jacinto College, and the
Cloverfield Fire Department. He noted that one of the items constantly being requested is a full
functioning classroom facility. He stated that with the fire field currently having an open air classroom
with the bathrooms to be almost completed, he believed that with a full classroom building and the
industrial component built, there would be much more demand for the use of the field.
Assistant Chief Baylis stated that the next phase of the training field will include a classroom facility
with several classrooms for 20 to 30 people, a large auditorium that seats approximately 50 people, and
a kitchen. He also stated that the classrooms would be spacious enough for small break out group
activities if necessary, which helps with training structure. He stated with regards to the industrial park,
that staff had already reached out and engaged industrial partners' and have setup meetings with them to
discuss their needs and desires of the industrial components of the training field as he believes that
getting their involvement during the design and planning phase of the project will help ensure that
the facilities accommodates their training needs.
Assistant Chief Baylis stated that with the new construction, the City would be able to capture the
training dollars of local industry that would be able to train its firefighters in quality facilities similar to
those in College Station at a fraction of the cost as it would eliminate the cost of travel and per diem. He
noted that the training field would not solely support local industry training, but would continue to serve
the training needs of the City firefighters, police officers, public works and other staff as needed.
Additionally, he noted that with the building of the industrial component, the fire training field would
have the structural fire training, the industrial fire training and classroom training.
City Manager Davis stated that the cost of the construction of the industrial training field and the
classroom facility is estimated at $4 million each for a total of $8 million. He noted that the FCPEMSD
had budgeted $700,000, a year towards the building of the fire training field, which could be used to pay
for the issuance of debt in order to complete the next phase of the fire training field as discussed. City
Manager Davis noted that the modeling of certificates of obligation was done with a financing option of
a $700,000, a year debt service for approximately thirteen or fourteen years with a 3% interest rate. He
stated that in consulting with a financial advisor, they're comfortable with moving forward with the
mentioned financing plan with the exception of the possibility of the FCPEMSD not being renewed by
the voters. He stated that although it's not likely that the FCPEMSD will not renew, there are two (2)
contingencies if district is dissolved: 1) the City can /would take over debt service, or 2) the City would
converse with industry and other partners to finance the project.
City Manager Davis stated that the certificates of obligation would be one funding source. but staff
would also earmark revenue from the facility for training and tuition to go into a special fund that would
be used to repay the debt. He also stated that staff would continue to work with the private industry for
corporate sponsorship that would be structured in such a way that their investment would pay out
dividends for them up front in terms of lower tuition cost.
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May 26, 2016
Page 3 of 7
Council Member McCartney requested that staff provide the Council with revenue forecast for the
facility. Staff stated they would get those projections to Council in the near future.
Council Member Capetillo asked for an update on the partnership between the City and Lee College as it
relates to the Fire Training Filed. Assistant Fire Chief Baylis stated that Lee College has partnered with
the City as it relates to the certification program and associates degree, but have been very hesitant to
participate in monies for brick and mortar.
The Council discussed various options of working with local private and public entities for the use and
expansion of the fire training field.
Mayor DonCarlos asked about the request to create a designated sponsorship committee to reach out to
local industry. In response to Mayor DonCarlos's request, City Manager Davis stated that staff is
prepared to have those designated contacts, but were waiting to complete some IDA's before moving
forward on those meetings.
In response to a question from the Council, Assistant Chief Baylis stated that the fire training field sits
on 23 acres of land and even with the build out of the industrial training component; there is room for
growth and expansion.
City Manager Davis noted that if Council supports the plan before them, the next step will be the
inclusion of the commitment for the upcoming budget for the design costs of the industrial training field
and the classroom facility, which will take approximately six (6) to eight (8) months for the design with
construction to possibly start a year from then and to also work with staff and partners to create a
strategy for the creation of promotional and education items to best market the field and attract private
partnerships and financial support.
b. Discuss Baytown Police Department staffing.
City Manager Davis presented the item and stated that as the safety and reduction of crime continues to
be an important goal for us, Police Chief Keith Dougherty would present some innovative moves in
staffing to help build up our policing, investigations and presence in the community.
Chief Dougherty stated that keeping the goals of public safety and fiscal responsibility in mind, he met
with some council members in the past to discuss the investigative side and the narcotics side of the
Police Department and how to deal with the growth in size of both the City and the department. He
stated that because of the growth at the patrol level, some issues with span of control have occurred and
in order to remain efficient, staff is recommending increasing the number of positions in the Sergeant's
and Lieutenant's classifications each by one and decreasing the number of positions in the Patrol
classification by two. He stated that the changes would be the following:
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May 26, 2016
Page 4 of 7
Classification
Existing Number of
New Number of
Positions
Positions
Chief of Police
I
Assistant Chief
3
(In accordance with Chapter 143 of
the Texas Local Government Code, 2
appointed assistant chief position and
1 tested assistant chief position)
Lieutenant
8
9
Sergeant
17
18
Patrol Officer
138
136
Total
167
167
Chief Dougherty stated that the Sergeant would be moved to the Investigative Division with the works
load being split between the two sergeant positions and the Lieutenant would be moved to the Narcotics
Division, which currently does not have a lieutenant. He stated that the lieutenants are responsible for a
lot of the special programs /projects and tactical duties, whereas the Narcotics Division could really use
its own lieutenant rather sharing one with another division. He stated that in order to make the necessary
name and positions changes mentioned earlier, Council will have to take action on this item which is on
tonight's agenda.
Chief Dougherty stated that in the future, they want to continue to beef up the support side of the
department, which will be included in the budget. He stated that the support side of the department is
very important as this is where all initial reports are submitted by Patrol and reviewed the information,
assigned to the appropriate individual and followed through with the charges as needed. He noted that
some of the support staff in the budget is not all sworn personnel, but are still critical to departmental
operations, such as, an open records person to deal with the redaction of body camera footage and ITS
positions to assist with the computer infrastructure and network issues. He further noted that sworn
personnel are also included in the upcoming budget. Chief Dougherty stated that the proposed changes
are good steps toward the goal of the Police Department being the most efficient as it can be in allowing
staff to quickly and effectively handle its workload, while also being able to respond to the special needs
or emergencies, such as an incoming sexual assault case.
During further discussion, City Manager Davis stated that other items that are coming up in the budget
related to Police are (1) that the general fund is going to assume the cost of the (6) sworn officers that
were being paid for by ExxonMobil and (2) that the recruitment is staying competitive and strong
attracting the best officers. He stated that time have to be taken into consideration as it takes a few
months from the test time for police officers to the time that they can actually go out on the street. Chief
Dougherty stated that he feels that the recruitment and hiring process has to be continuous in order to be
able to pull from the list of eligible hires as soon as the positions become available and thus limit the
delay in getting officers hired, trained and on the streets patrolling. He stated that he currently has (5)
positions open with two (2) of those being changed to the sergeant and lieutenant positions, in which
they just completed the testing a few weeks ago and are moving onto the next step of the process which
is the background checks, etc. Chief Dougherty stated that in this last test, there were a number of
military officers and peace officers from other agencies or that had put themselves through the police
City Council Regular Work Session Minutes
May 26, 2016
Page S of 7
academy that were being looked at and tracked as potential hires. Additionally, he noted that the police
department is competitive enough in salary and benefits to where its attracting good candidates from
other jurisdictions; such as Pasadena and Hams County.
C. Discuss proposed amendments to the City's Unified Land Development Code (ULDC) to
allow the use of containers, with conditions, in all residential zoning districts as primary or
accessory uses and to permit barns and stables, with conditions, in the Low Density Single - Family
Residential Dwellings (SFI) and Mixed Residential at Low to Medium Densities (SF2) Zoning
Districts.
City Manager Davis presented the agenda item and stated that it relates to the use of containers in certain
areas of the City and introduced the members of the Planning Department who will give an overview of
the item. Additionally, he stated that Council will be considering this item at the regular meeting this
evening.
Senior Planning Manager, Nathan Dietrich stated that the two proposed text amendments of the Unified
Land Development Code (ULDC) for the Council's consideration this evening are as follows:
1. to allow the use of containers, with conditions, in all residential districts as primary or
accessory uses and
2. to permit barns and stables, with conditions, in the Low Density Single - Family
Residential Dwellings (SF1) and Mixed Residential at Low to Medium Densities
(SF2) Zoning Districts.
Mr. Dietrich stated that currently barns and stables are not available uses in Low Density Single - Family
Residential Dwellings (SF1) and Mixed Residential at Low to Medium Densities (SF2) zoning districts.
He stated that since the inception of the new zoning code, it has been shown that some subdivisions with
large lots could accommodate these types of uses; therefore, this amendment would allow barns and
stables in the SF 1 and SF2 districts as accessory uses if the lot is at least one acre or more.
Council Member Hoskins asked if these amendments would allow for animals within the city limits.
Mr. Dietrich stated that should they use the barns and stables for animals, they would have to comply
with all other related city codes. Mayor DonCarlos stated that from his understanding the City does not
allow for farm animals/livestock within the city limits and didn't understand why we were creating a
space for barns /stables when animals are not allowed. City Attorney, Ignacio Ramirez stated that
livestock is allowed in the city limits of Baytown as long as it is 150 feet from the residential structure,
so if the person had a big enough lot, they could build the stable/barn that is far enough from the house,
which would then allow livestock, as long as they met all of the additional requirements.
Council Member Hoskins stated that there is a home off of Highway 146 that has livestock, and the
neighbors are constantly complaining about the smell of livestock and manure, which is a constant
problem. He stated that if Council open up the Code to allow for these stables, this will be a problem
that will extend to other parts of the city. He further noted that in his experience with this issue, he does
not feel that there should be any livestock allowed in the city for any reason.
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May 26, 2016
Page 6 of 7
Council Member Capetillo asked why was this amendment brought forward and by whom. Mr. Dietrich
stated that the amendment was being brought forth by the staff, but that in the past, they have had to
deny a number of stables that would have been used to house cars and other items, but also wanted to be
able to use it for animals, i.e. dual usage.
Council discussed this item at length and agreed to not allow the use of barns and stables in any parts of
the city. Staff stated that they did not have to approve this item at the meeting and could make the
amendment to the proposed ordinance at the meeting.
Mr. Dietrich stated that the second part of the proposed ordinance is related to shipping containers that
are being used more often as accessory structures and there have been inquiries about using them as
primary structures in the City of Baytown, whereas, Staff was tasked with whether or not to allow these
containers at all. He stated that in discussions with the Planning and Zoning Commission, it was decided
to allow the use of these containers with conditions. He further noted that the recommended
amendments before the Council would be to allow for the City to regulate the use of shipping containers
in residential districts, in order to maintain the character of neighborhoods. He stated that the conditions
that are being proposed involves how a primary or accessory structure will look if a container is used in
the building or construction of a structure, items such as the look, color and materials of the containers
are specified in the Code. He further noted that if the container was to be used as a primary accessory or
the main home, they would have to comply with all of the masonry and design requirements in the Code.
Me. Dietrich stated that the goal is for the container to look and feel like all other structures that can be
built in the City, while meeting all building codes and zoning district requirements.
Council Member Capetillo stated that he did not believe that allowing for the use of containers as
primary or accessory structures in residential areas did not go in line with the type of housing and
development that the City is trying to attract and was not in favor of allowing them at all.
Council Member Hoskins stated that this item was brought forth because these types of containers are
popping up throughout the City and they need to be regulated. He stated that these containers come from
shipping yards or somewhere similar and they have been used to transport all types of hazardous
materials that cannot be easily eliminated. He further stated that these containers are then placed in
someone's back yard with those chemicals and other unknown materials seeping into the ground, which
is a hazard and a danger to others. Additionally, he stated that he did not believe that these types of
structures should be allowed in residential areas for any type of use, to include what is there already as
the existing containers need to be removed and are not to be grandfathered in.
Mr. Ramirez stated that because they are not currently prohibited, they can exist. He noted that if we
pass any regulation prohibiting them, the existing containers would be grandfathered in and the City
could not make them remove them retroactively. Mr. Ramirez also stated that should the property in
question be sold to another individual, the grand- fathering for use of the container would stay with the
property. In response to questions from Council regarding old and dilapidated containers and whether or
not the City could then remove those unsightly objects, Mr. Ramirez stated that if the concern is purely
esthetics, then no, there is nothing that the City can do; however, if the container is unsafe and
structurally unsound, then it can regulated through the substandard building code process.
City Council Regular Work Session Minutes
May 26, 2016
Page 7 of 7
Council discussed the prohibition of containers in residential areas and agreed to completely ban the use
of containers in residential areas.
The Council briefly discussed the impact of banning the use of containers in commercial areas. There
were concerns related to eliminating the use of these containers for commercial business that rely on
these containers for delivery, storage of records, and storage of chemicals and other industrial materials,
particularly in the light and heavy industry zoning districts. Staff stated that there was no issue with the
containers in the commercial areas, but were focused more on the residential areas. Council's consensus
was that they would make no changes to the use of containers in the commercial areas.
d. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda for
May 26, 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 26, 2016, City
Council Regular Work Session at 6:20 P.M.
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Leticia rysch, City Cle k
City of Baytown