2012 10 25 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
October 25, 2012
The City Council of the City of Baytown, Texas met in a Regular Work Session
on Thursday, October 25, 2012, at 5:30 P.M., in the Council Chamber of the Baytown
City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Council Member
Robert Hoskins
Council Member
Terry Sain
Council Member
Scott Sheley
Council Member
Stephen DonCarlos Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the October 25, 2012, City Council Regular Work Session
with a quorum present at 5:32 P.M., all members were present with the exception of
Council Members McCartney and Renteria who were both absent and Council Member
Sain who arrived at 5:40 P.M.
1. DISCUSSIONS
a. Discuss Potential Tree Preservation Ordinance - Planning and Development
Services.
City Manager Leiper presented the agenda item to discuss options for a tree preservation
ordinance for the City of Baytown.
Planning Director, Kelly Carpenter stated that in order for the ordinance to be effective,
serious public education will be needed and the question of who to educate may be the
biggest challenge. She stated that the primary code elements would be applicability,
arborist, credits /debits, appeal process, fees, and costs/benefits.
Mayor DonCarlos stated that he does not want the City to regulate individual lot owners
for trimming trees and requested having a minimum square footage that this ordinance
would apply too and agreed to have the ordinance applicable to new developers, new
buildings, pipelines, city facilities, and parking areas.
Work Session Regular Meeting Minutes
October 25, 2012
Page 2 of 3
Council Member Capetillo stated that he agreed with the comments made by the Mayor
and that they are not looking for anything to do with infill, or residential properties, but
more on the commercial properties and large acreage. He stated that there may be some
issues and the credits seem to be a bit too complicated.
Ms. Carpenter stated that staff was looking at an acre minimum amount for consideration,
but there were also drainage requirements that come in at an acre and that the area is a bit
smaller than what Council talked about. Ms. Carpenter noted that the acreage amount is
not included in the current draft.
Ms. Carpenter asked as to whether the Council wanted to consider including the ETJ into
this ordinance. City Attorney, Ignacio Ramirez stated that we could include the ETJ in
the ordinance and add in some exceptions for heavy industrial and other industrial areas
to exclude them from this ordinance. Mayor DonCarlos inquired if the ordinance could
apply to subdivisions in the ETJ. City Manager Leiper stated that the better way would be
to change the subdivision ordinance to require that every new lot have a tree of a certain
caliper.
Ms. Carpenter provided definitions for a qualifying tree and a significant tree. She stated
that a qualifying tree is a tree that is not diseased, dying, or dead and is on the approved
tree list with a caliper of at least 6" to be considered for a credit and 4" for a replacement.
She stated that a significant tree is a qualifying tree that is at least 10" or larger and
required to be protected under ordinance unless exceptions apply.
Ms. Carpenter stated that an applicant is debited for any significant tree that is to be
removed, unless exemptions apply and receives credit for any qualifying tree over 6"
saved.
Ms. Carpenter stated that in cases where the applicant disagrees with the findings of the
administrator on plan review or inspections, the applicant may appeal the administrator's
decision to the Planning and Zoning Commission in writing within ten days of the
decision of the administrator.
Council Member Capetillo inquired as to how land owners would be notified of the
ordinance. Ms. Carpenter stated notification could be done through mailings, Channel 16,
and the website.
Ms. Carpenter stated that the fees would cover the costs of completeness review,
application review, arborist (possible), and inspections. She recommended not hiring and
arborist, but putting the arborist on retainer for the more complicated cases instead of all
cases.
Mayor DonCarlos suggested to Ms. Carpenter to incorporate what was discussed into a
draft and bring back to the 2nd meeting in November.
Work Session Regular Meeting Minutes
October 25, 2012
Page 3 of 3
City Manager Leiper stated for clarification that the ordinance initially would apply in the
City only, but he stated the City would look at requiring trees to be added if a subdivision
is being built in the ETJ and staying in the ETJ.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the October
25, 2012, City Council Regular Work Session at 6:13 P.M.