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2020 10 22 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 22, 2020 The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, October 22, 2020, 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: Laura Alvarado Council Member Robert Hoskins Council Member Charles Johnson Mayor Pro Tem David Himsel Council Member Chris Presley Council Member Heather Betancourth Council Member Brandon Capetillo Mayor Rick Davis City Manager Karen Horner Interim City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the October 22, 2020, City Council Regular Work Session with a quorum present at 5:30 P.M., all members were present. 1. DISCUSSIONS a. Discuss possible amendments to the Baytown Animal Control Advisory Committee. Health Director Tony Gray presented the item and stated that he was going to present possible amendments to the Animal Control Advisory Committee. He noted that the Texas Health and Safety Code requires that a total of four members, composed of a licensed veterinarian, a municipal official, a person whose duties include the daily operation of an animal shelter, and an animal welfare representative; however, the City's ordinance goes beyond the minimum requirements by adding a fifth person as an interested citizen. Mr. Gray noted that two of the five members are required to be officials/employees of the city with one being the Police Chief and the other being the Health Director or his designee. Mr. Gray noted that staff had conducted a comparative survey of thirteen other cities and looked at the number of members that they had on their committees; the survey is listed below: City Council Regular Work Session Minutes October 22, 2020 Page 2 of S 5 I (Police CtireUdmignee) (Director Iof H.Idd desgnet) 7 I (Mayor) (Facihry Snuff) 7 I I (Street Drain. wet+'.) 5 I I I (PW Director) (Shelter Supervisor) 4 I I I 5 I I I 5 I 1 I (Police Chief) (Mimal Control Olhcer) 9 I I (Police chief) 4 1 1 1 7 1 1 1 5 1 I I rydKe Cloul) 7 1 I (Health Director) (Facility Manager) 9 1 1 1 2 I (Interested Ciumn) 3 (Carsene) 2 (Lint O.w Shelter 6 coned Officer5uper.) (Council Memher) 0 I 5 0 3 1 3 5 Mayor Capetillo asked if all the committee members were voting members. Mr. Gray noted that for the City's committee, all members were voting members, but could only assume that other cities did the same. Mr. Gray noted that per the City's ordinance, this committee, essentially exists (1) to assist the animal shelter in complying with applicable laws, (2) to formulate future animal control plans, strategies, and education, and (3) to recommend revisions in the animal control ordinance. Mr. Gray noted that the Committee can report to the City Council as needed to carry out its purposes. City Attorney Karen Horner noted that one of the things that staff heard from the council was, that maybe there needs to be a little bit more structure to the Animal Control Advisory Committee. Therefore, the staff is proposing that the Committee adopt some rules, procedures, similar to what other city boards have done, as well as, what the council has in place now. Mrs. Horner noted that the proposed rules basically talk about the authority, what their authority is, what is the authority of their offices, it also contains general rules and a code of conduct for staff, committee members, staff, and the public in general. The rules would also outline the type of meetings, how they are called and how to get things on an agenda. They also talk about the presiding officer and his/her duties, how to maintain order and how business is conducted, and also how to conduct the vote about some items; i.e. items are passed by the affirmative vote of the majority of the members of the committee that are present in order to take action as the committee. Mrs. Horner noted that the committee must have quorum before it can do anything, all members are voting members, the staff members, that are not already a part of the committee, can speak if they are invited to by the presiding officer and they can take part in discussions. Mrs. Horner noted that the staff is proposing that agenda items can be added to a committee agenda by the Health Director and the Committee Chair or a group of committee members of City Council Regular Work Session Minutes October 22, 2020 Page 3 of 8 less than a quorum with a written statement submitted to the staff, asking that something be put on an agenda. She noted that the requested item would then be added to the agenda and posted in compliance with the Texas Open Meetings Act. Mrs. Horner stated that if there is an item that comes before the committee for vote, said item could not be reconsidered within the next six months, unless by way of a majority vote. She noted that the rules talk about the election of the officers in the form of a chainnan and a vice-chainnan, there would be a secretary that that would be a staff person just appointed by the director to handle the minutes and administration of the committee. Mrs. Horner noted that the officers can be changed; however, this could not be done to either of the two city officials or the person that is over the animal control facility, but instead to one of the people that represent the animal welfare group or the interested citizen currently. The rules also note how to call and preserve order; i.e. how to handle the absence of the chair, and/or the vice chair. Mrs. Horner noted that by law, this committee is required to have three meetings per year, so that will be put in the proposed rule, with special meetings being added as needed. Mrs. Horner stated that these rules and procedures are just proposals, but they are in line with what is done with the other city committees and the council. She noted that these rules would not be adopted by the council, but would instead be adopted by the Animal Control Advisory Committee itself. Mr. Gray noted that currently all the members of the committee are in that holdover status which means their tenns have expired already. He also noted that the council would have to detennine whether to allow the committee to adopt its own rules, and elect its own officers; i.e. the chair and vice -chair. Mr. Gray stated that the staff recommends keeping the total number of members to five as it is currently, but in lieu of starting over, staff recommends that this committee should be reset and refreshed by changing the members. He stated that staff is definitely on board with allowing the committee to adopt rules, to have the officers establish its own procedures, and allow the committee to elect a chair and a vice -chair. Mayor Capetillo stated that he had two questions: (1) why not allow at least two more citizen members to the group instead of just having one and (2) how many animal advocacy groups exist in the city? Mr. Gray responded that as it relates to the first part, staff can add more citizens; however, if that happens he recommended the addition of some language that would allow for the restriction of the affiliations and professional association, in order that there are not people that know each other, and to allow for more diversity of thought and balance on the committee. As it relates to the second part, Mr. Gray noted that staff is still fine-tuning the existing list, but lie estimated that there are about three rescue groups in the city limits and a handful of others in the immediate surrounding area with the numbers increasing the closer one gets to Houston. Mayor Capetillo noted that he would be in favor of the animal advocacy groups here in the city having a rotation on the committee. He stated that he felt this would fair because it would allow each group to have a voice at a certain point in time, and also add two more citizens to the committee in order to have an odd number for voting. Mr. Gray stated that the staff was recommending to keep the committee at five members that are City Council Regular Work Session Minutes October 22, 2020 Page 4 of 8 already prescribed by state law. However, staff is recommending to use a designee to represent the Health Director and the Police Chief. He noted that in his instance, lie would appoint Assistant Director James Garcia to sit on the committee in his stead as he handles the daily functions of the shelter and the Animal Services Division reports directly to him. Mr. Gray stated that Chief Dougherty can also designate anyone he would like form his department to represent him on the committee. Mr. Gray noted that the committee currently does not have the veterinary position filled as he did not believe that Dr. Lipps was going to be able to resume her duties, so the city will have to find a new veterinarian. This leaves one animal group representative and one interested citizen. Mayor Capetillo asked how would the other two at -large positions be selected. City Clerk Leticia Brysch stated that staff would conduct the same kind of outreach that was done with the new Baytown Police Advisory Committee. Staff would complete their outreach effort, typically, they take a month to get the information out to the public; they will compile a list for the City Council to review and consider for appointment Council Member Johnson noted that he would like to see more people than five members on the committee and asked Mr. Gray what would he recommend. Mr. Gray stated that it would be a good path to at least have a group of three citizens in comparison to just one, and if the committee number is put at seven, it will put Baytown in line with a lot of the surveyed cities. The Council discussed the possibility of adding one citizen appointment by council member, and seeing that it would increase the size of the committee to eleven people with those that are required under state law, decided against it. The Council discussed the possibility of rotating animal groups on the committee and decided against it as the Council has the discretion of appointing whomever they feel is doing a good job and do not want to be limited in their choices, and advocacy groups can always participate in the committee without having to be appointed. Council Member Betancourth stated that she agreed with the group and believed that increasing citizen participation is really important because this is supposed to be a citizen -driven advisory committee. Secondly, she stated that she had two questions: (1) by what process are items going to get on an agenda and (2) would those items need to approved by the Health Director. She asked if there is a process where like three or more members that want an item can get it on an agenda, regardless of whether the Health Director agrees with it or not because she really did not want staff driving. Mrs. Horner stated that those details and processes are included in the proposed rules of procedure that would be adopted by the committee itself. She noted that in order to have an item placed on the agenda, three committee members, less than a quorum, would submit the item to staff for placement on the agenda. Council Member Betancourth stated okay, she just wants to make sure that they can put items on an agenda. She also noted that she did not think three meetings a year is going to be enough as the city is going through a major transfonnation with animal control, and she knew that three meetings is what is required, and so, wanted to know if it was going to require three or more members to request special meetings or was that again by Health Director approval. Mrs. Horner City Council Regular Work Session Minutes October 22, 2020 Page 5 of 8 stated that a special meeting could be called by three members of the committee requesting it, not more because it would be a quorum of the members. Mayor Capetillo asked if the two employees are excluded from being chair of the committee. Mrs. Horner responded that that was the recommendation listed in the proposed rules. The Council discussed the number of meetings that should be required in the code and decided to keep the code language to just three required meetings and then allow the members to call as many as they need to get the work done, if it is every month for the first year, or more, the committee can make that decision. Council Member Johnson asked how soon they are looking to implement changes and open up applications for the committee members. Mr. Gray noted that if the Council was comfortable with the proposed information, staff would place the item for action on the next agenda and then work on outreach. Mrs. Brysch stated that staff would follow the same outreach template created with the Baytown Police Advisory Committee, and as soon as the item is approved, staff will start working on the information, on the outreach, and compiling applications for council's consideration. She further stated that if staff can get a good number of applicants in December, they would bring the appointments back to council in the first meeting in January. Mayor Capetillo noted that the council reached the consensus to have three citizens on the committee. He further noted that all of Council's concerns as far as the structure of the committee had been addressed already during staff's presentation and directed staff to move forward as directed. b. Discuss proposed modifications to the floodplain and subdivision ordinances. Public Works and Engineering Director Frank Simoneaux presented the item and stated that he was going to talk about possible proposed revisions to the City's floodplain and sub -division ordinance. He stated that the Texas Gulf Coast has gone through a period of historic flooding and as the government, we are looking at ways that we can try to mitigate that flooding. Mr. Simoneaux noted that Harris County, in particular, has come out with an increased standard for floodplain and flood mitigation and they have set a deadline for municipalities within Harris County to adopt their new minimum standards by December 31, 2020, or the city could possibly lose funding on certain projects that they administer. Additionally, Mr. Simoneaux noted that the city had gone through an audit from FEMA and along with seventeen other communities, it failed that audit as did most of the other communities because its ordinances are not up to the minimum standards required. He noted that updating the city's ordinances will allow for it to maintain its eligibility for all levels of funding and help to improve its National Flood Insurance Program rating, which in turn gives citizens a higher discount on their flood insurance. Mr. Simoneaux noted that the city has floodplain regulations in Chapter 110 of the City's Code of Ordinances and in just looking at what is there versus what is being proposed, the chapter is applicable to the 100-year floodplain while Harris County has determined that we need to make the ordinances also applicable to the 500-year floodplain. He noted that the reason for this City Council Regular Work Session Minutes October 22, 2020 Page 6 of 8 change is that a lot of the flood insurance maps are out of date and it takes time to update those snaps. Mr. Simoneaux also noted that another thinking is that the current 500-year floodplain is really about equal to what the 100-year floodplain should be, based on more recent storms, which is the reason for including the 500-year floodplain. Mr. Simoneaux noted that the city's current ordinance says one has to, if one is in the 100-year floodplain, be two feet above the 100- year floodplain with one's finished floor elevation. The proposed language will say that the city maintains that standard of two feet above the 100-year floodplain, and in order to carry out that, the city must also meet the 500-year floodplain, whichever is higher. At the 500-year or two feet above the 100-year. Mr. Simoneaux noted that the current requirement in the city's building code is that one has to have an elevation certificate for one's finished floor and staff has proposed to put that in the city's flood plain ordinance, so that it is required there. Council Member Hoskins asked if they are dealing with elevation of fifty-four inches above one hundred to five hundred, what happens to all of these houses in the city right now. He noted that the city has developers that are coming in and bringing in three foot of dirt and raising the elevation of their whole residential area, and right now they go to a detention pond and they release that slowly, which is fine for a neighborhood, but what will they do whenever we raise one hundred twenty-five acres three to four foot, because then it affects the neighboring communities, so what do we do about that because they have now affected the run-off of the other communities surrounding them. Interim City Engineer Matthew Johnson stated that if they are filling in the floodplain, they have to mitigate that so if it is inside the 100-year floodplain, that they are taking off any potential water volume from a flood, they have to remove that same amount with a hydraulically connected area to that, so they should not be affecting anything existing if they do it right. Council Member Alvarado stated that her question related to existing development, and asked that if a house burns down or a building burns down and it is more than fifty percent or whatever the number is, so they end up having to completely rebuild the structure, according to the new standards, they are going to raise their structure. Mr. Johnson responded in the affinnative. Council Member Alvarado then asked that if there are no detention ponds, then is that not going to go to the neighboring homes or buildings around them because that happened on Pine Street. She stated that when all those new houses were being built because of the demo, and those homes were being raised according to the new standards, it impacted the neighbors across because those homes are so tight, they were initially flooding. Council Member Alvarado noted that she understood that this needed to be done, but she believed that they have found a workaround for Pine Street with those new homes because they are not flooding anymore when it rains, but he just wanted to make sure that what is happening in the other areas, because now it is going to be a little higher, that this is not a flood zone or floodplain, but for the areas that are. Mr. Simoneaux noted that so in the areas that are, staff is looking at things that they can do to mitigate the flooding through stone water projects. Council Member Alvarado asked if this type of mitigation could be thought of during the platting process, so if the owner comes and does the permitting process, could it be done at that point and not wait until everything is done and then the neighbors calling to complain that there is flooding. Could a that step not be added during that rebuilding process? Mr. Johnson noted that City Council Regular Work Session Minutes October 22, 2020 Page 7 of 8 a part of the city's current requirements is that if one is building a residential structure inside the 100-year floodplain, one cannot have slab on grade, it has to be on piers no matter what. Mr. Simoneaux then noted that the city's subdivision ordinance is found in Chapter 126, and it has a lot of engineering design criteria that is not only related to stone water but drinking water, wastewater, streets, etc. Mr. Simoneaux stated that staff was proposing to take the engineering standards out of that chapter and create a new chapter number 109, which would be specifically for the engineering standards. Mr. Simoneaux noted that in the proposed Chapter 109, staff wants to move the other items within this chapter to include stone water and engineering design, the design storm used to design your pipes, detention which is based on two different standards, depending on which county the person resides in within the city, among other items. He noted that staff wants to bring all of these different design elements into one chapter in order to be more consistent within the city and to make it easier on everyone because the city would have one standard within the city, in one place in the code. Mr. Simoneaux stated that staff is proposing to use the Harris County standard, which is using the higher intensity storms standards; the use of pipe systems designed at the five-year event and then using extreme overflow structure which is basically a channel or a swale so that it could carry on the surface a hundred -year event. Mr. Simoneaux stated that there would be ditches that are designed in the five-year event plus six inches of the framework and there would be a requirement that under the 100-year event, no structure will be flooded. He noted that the detention is currently based on a change in water surface elevation and that leads to some assumptions that might not be applied consistently. Therefore, in Harris County, well actually both counties, have a certain detention amount per acre. Staff is proposing to go to point sixty- five acre-feet per acre to make it consistent throughout the city. However, if one is discharging directly to the bay, no detention is required for that. Staff would just remove any specific and unnecessary details, such as the mentioning of the types of pipe in the ordinance, which should be more in the city's standard specification and details rather than in the ordinance. Mr. Simoneaux noted that after the work session discussion, staff will present this information to the Planning and Zoning Commission and bring it back to the Council on December 10`', to become effective January 1, 2021. This will allow the city to meet the Harris County requirement of December deadlines. Mayor Capetillo stated that it is worth emphasizing the importance of aligning the city's code with the standards of FEMA and Harris County in order to perpetuate the city's ability to partner with the county and provide good services to its citizens. C. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda for October 22, 2020, which is attached below. This item was not taken. City Council Regular Work Session Minutes October 22, 2020 Page 8 of 8 2. ADJOURN there being no further business to discuss, Mayor Capetillo adjourned the October 22, City,,CoLAcil Regular Work Session at 6:13 P.M. L6ticia Brysch, Ci r City of Baytown