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2011 03 10 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 10, 2011 The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, March 10, 2011 at 4:31P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Lynn Caskey David McCartney Mercedes Renteria Terry Sain Scott Sheley Council Member Council Member Council Member Council Member Council Member Council Member Stephen DonCarlos Mayor Robert D. Leiper City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the March 10, 2011, City Council Regular Work Session with a quorum present at 4:31 P.M. Council Member McCartney arrived at 4:50 P.M. Mayor DonCarlos excused himself from the meeting at 5:00 P.M. and was replaced at the dais by Mayor Pro Tern who continued to govern the meeting. 1. DISCUSSIONS a. Discuss Possible Industrial Rezoning Along SH146, south of FM 565 to north of Ferry Road - Planning and Development Services. City Manager Leiper presented the agenda item to discuss the possible industrial rezoning along SH146, south of FM 565 to North of Ferry Road and stated that there may be some technical issues not addressed at this time. Mr. Jeffrey Boutte stated that an option to rezone portions of the Highway 146 corridor to Heavy Industrial and leave the frontage areas Mixed Use would allow for commercial and residential development. The existing industrial uses in the area are: the City's East District Water Treatment Plant, the Bayer Plant, as well as an asphalt facility on property owned by Cemex. Staff noted that the Watershed Code (Chapter 34) as well as the landscape and buffer provisions of Chapters 130 and 18 as they relate to industrial uses, would apply in this corridor. Council Member Renteria inquired if Cemex would be grandfathered in and why the corner property on FM 565 can't have the same buffer as Cemex. City Manager Leiper stated that the rezoning will not have an impact on current facilities and that the corner property of FM 565 and 146 is not currently operating and is vacant so it is not grandfathered. City Manager Leiper indicated that the concern expressed by Council was that they didn't want Heavy Industrial (HI) all the way up to the highway, so to honor Council's concern staff recommended to include wrapping a portion of the tract on the corner of FM 565. City Manager Leiper stated that as it is currently under the mixed use zone, Cemex could not expand it's facility at all, but with the proposed option they would be allowed to expand within the designated area only. Mr. Boutte stated that the rezoning schedule is as follows: April 8 - deadline to give notice to property owners being affected by rezone of the first public hearing April 20 - hold first public hearing and consider rezoning at the P &Z Commission meeting April 25- deadline to give notice to property owners being affected by rezone of the second public hearing May 12- hold second public hearing and consider rezoning at the City Council Meeting Council Member Caskey stated that he didn't see any reason to prolong the process further and recommended to move forward with the schedule. Mayor Pro Tem McCartney allowed for public comment of three (3) minutes from Mr. Alan Hudgins. City Manager Leiper stated that he will proceed with the rezoning schedule. b. Discuss the Brunson Theater Structural Investigation - Engineering. City Manager Leiper presented the agenda item to discuss the Structural Investigation Report for the Brunson Theater as prepared by Carnes Engineering. City Manager Leiper stated that at the September 09, 2010 meeting Council instructed staff to have a structural evaluation done before putting the roof on and in November of 2010 an agreement was made with Mr. Carnes. City Manager Leiper stated that in January of 2011 a notice to proceed was issued and Mr. Carnes has the results of the report available to present to Council. Mr. Carnes stated that everything inside of the building works structurally with the exception of about three (3) or four (4) of the members failing to qualify and need to be repaired. Mr. Carnes stated that his recommendations and the costs were brought down under a total of about $300,000. City Manager Leiper stated that the following options are for Council's consideration: 1) do nothing but remove the marquee, which Council approved by consensus; 2) repair structural only for an cost estimate of $80,000, which leaves room for continued deterioration; 3) repair the failing members and replace the roof at an cost estimate of $300,000; City Manager Leiper stated that a work session will be scheduled for Council to discuss the options that were recommended. C. Discuss Multi- Family Registration Program - Planning and Development Services. City Manager Leiper presented the agenda item to receive and discuss the status of the Multi - Family Registration Program, Year Three and stated that on January 10, 2008, the City Council amended the building code to include a Multi - Family Dwelling registration and inspection program. City Manager Leiper stated that Chief Building Official, George Dixon will present an update of the program, its impact on the multi- family dwelling complexes, and the program's success in meeting the Council's desire to improve apartment dwellings. Mr. Dixon stated that in the City there are 98 operating apartment complexes containing 9,214 units which many were destroyed by Hurricane Ike but have been or are in the process of being repaired. Mr. Dixon stated that there were 222 complaints in 2008 and 220 in 2009 but that complaints have decreased to about 50% due to the effectiveness of the ordinance and inspections staff, and the continued maintenance of the complex. Mr. Dixon stated that the following changes have been made to effectively manage annual inspections: Notify the complexes at least 30 days prior to their renewal application due date and the inspection is performed within the following 30 days, and Affidavits are required for "out -of- state" owners designating the manager of the complex as the "registered agent ". Council Member McCartney inquired if an inspection is done and a violation is founded what is the next step. Mr. Dixon stated that a violation is written and/or another unit may be reviewed for the same violation. Council Member Capetillo inquired if moisture incters were used for inspections due to unseen issues behind the walls. Mr. Dixon stated that the moisture check is not part of , the routine inspection process at this time. Mayor Pro Tem McCartney recominendc(l that the apartment complex owners should show proof of liability 111suratIM 2. ADJOURN With there being no further business to dISCUSS, Mayor DonCarlos a(tiourned the March 10, 2011, City Council Rcgular Work Scssionat 5:32, P.M.