Jul 08, 2021 BAYTOWN CITY COUNCIL MEETING

UH, GOOD EVENING, MAYOR AND COUNSEL.

PARDON ME.

UM, MARTIN SCRIBNER FROM PLANNING DEVELOPMENT SERVICES.

SO, UM, AGAIN, THIS IS A REQUEST OF REZONED A LITTLE OVER 13 ACRES FROM OPEN SPACE RECREATION TO A MEDIUM DENSITY MIXED RESIDENTIAL.

THIS IS MF ONE, UH, TO ALLOW FOR 126.

UH, LET'S SEE.

THIS IS LOCATED, UH, ON BLUE HERON PARKWAY, ABOUT 1200 FEET EAST OF BARLOW ROAD, ADJACENT TO THE DAVID CROCKETT ELEMENTARY SCHOOL.

UM, AS YOU CAN SEE, UH, NEARBY IS, UH, ZONED MOSTLY OPEN SPACE RECREATION.

AND THEN, UH, WHAT ELSE IS NEARBY IS ALL, UH, UNINCORPORATED AREA.

AND SO THIS IS TO, UH, AGAIN, YOU'LL PROBABLY REMEMBER, UH, THIS IS TO ALLOW FOR A HUNDRED TWENTY SIX ONE STORY SENIOR LIVING MULTIFAMILY UNITS.

UM, YOU REMEMBER THIS WAS PART OF ANNEXATIONS FROM 2017.

IT'S AUTOMATICALLY ZONED OPEN SPACE RECREATION, UH, BECAUSE IT'S OUR MOST RESTRICTIVE DISTRICT.

UH, SO THE PROPERTY OWNER HAS COME TO MAKE THIS REQUEST TO ALLOW FOR THIS SENIOR, UH, LIVING MULTIFAMILY PROJECT.

UH, YOU'LL NOTE THAT THE PROPERTY IS SURROUNDED BY UNINCORPORATED AREAS, UH, EITHER A VACANT OR A LOW DENSITY RESIDENTIAL.

ALONG WITH THE FOUR MENTIONED SCHOOL SITE, UH, STAFF HAS REVIEWED THIS PROPOSAL AGAINST THE CITY COUNCIL POLICY REGARDING NEW MULTIFAMILY PROJECTS.

UM, WE'VE DETERMINED THAT IT MEETS ALL THE REQUIREMENTS OF THAT POLICY.

MAINLY THE, THE DISTANCE REQUIREMENT OF, UH, HALF A MILE IN RELATION TO OTHER MULTIFAMILY SITES.

UM, THE CLOSEST IS SAPPHIRE BAY APARTMENTS IS ABOUT 3,600 FEET AWAY, SO IT IS OVER A HALF A MILE.

UH, STAFF REVIEW HAS FOUND THE PROPOSAL IS GENERALLY CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE FUTURE LAND USE PLAN AND THE PLANNING AND ZONING COMMISSION HELD PUBLIC HEARINGS ON THIS ITEM IN MAY AND JUNE.

AND I HAVE RECOMMENDED THAT COUNCIL APPROVE THE REZONE REQUEST TO MF ONE.

UH, THE APPLICANT IS HERE TONIGHT AND, UH, CAN ANSWER ANY QUESTIONS YOU MIGHT HAVE.

UH, OTHERWISE, UM, STAFF IS, UH, HAPPY TO ANSWER QUESTIONS AS WELL.

I'LL FIRST ASK IF COUNSEL HAS ANY QUESTIONS, UM, UH, REGARDING THE SUBJECT TO ANY QUESTIONS ON THIS.

BERRY HILL, SO I'M JUST TO THE NORTH, UH, THE PROPERTY RIGHT THERE.

IF NOT, I'LL MOVE ON TO OUR CITIZENS FOR, UH, PUBLIC HEARING.

PATRICK PETTY, IF YOU WOULD COME FORWARD AND, UM, PLEASE STATE YOUR ADDRESS IF YOU DON'T MIND.

I'M PATRICK PETTY.

I LIVE AT 47 0 2 RED

[00:05:01]

UM, WELL, EITHER WAY IT'S THIS ONE RIGHT HERE.

UM, SO A LITTLE HISTORY BACK ON IT.

UH, MR. TEAL, UH, BACK WHEN THE PROPERTY WAS ANNEXED, UH, YOU KNOW, HE APPLIED FOR THE MF TWO WITH THE APARTMENT COMPLEX AND, UH, YOU KNOW, I'M, I'M PRETTY HAPPY THAT, THAT THAT DIDN'T GO THROUGH.

SO, UM, YOU KNOW, NOW HE'S FAST FORWARD TO THE MF ONE.

HE'S MADE QUITE A FEW CHANGES.

UH, YOU KNOW, LIKE I SAID, IN THE PLANNING ZONING, HE LISTENED TO US SOME OF THE NEIGHBORHOODS, UH, SOME OF THE THINGS THAT WE BROUGHT UP.

AND I'M GLAD TO SEE IT, UM, WITH CHANGES.

YOU KNOW, I'M, I'M NOT EXACTLY SURE, UM, YOU KNOW, AS FAR AS AS Y'ALL GO, UH, Y'ALL KNOW, IF, YOU KNOW, THE ACTIVE SENIOR LIVING WILL, UH, WILL BE GOOD.

UM, IT, IT'S NOT A, YOU KNOW, RETIREMENT HOME OR SOMETHING LIKE, IT'S JUST ACTIVE SENIOR LIVING.

UM, FOR US, UM, AS FAR AS WE GO, ALL, A LOT OF THE HOMES JUST NORTH OF THAT, YOU KNOW, ARE TWO ACRES, UM, MINIMUM.

UM, SOME OF THE ONES A LITTLE BIT FURTHER NORTH, A LITTLE LESS THAN THAT.

UH, AND SO IT LEADS TO, YOU KNOW, OPEN AREA A LOT OF, A LOT OF HOMES THAT A LOT OF PEOPLE LOOK FOR.

UM, AND SO, YOU KNOW, LISTENING TO THE, THE, OR READING THE 2025 COMPREHENSIVE PLAN.

ONE, ONE THING THAT I READ, UM, THE PROPERTIES WHEN YOU OFF ANNEX, THE REASONING BEHIND ANNEXING WAS TO, TO BRING A FOCAL POINT, A NICE FOCAL POINT BETWEEN OLD BAYTOWN AND NEW BAYTOWN, WHICH ARE CONSIDERING A A NORTH OF I 10.

UM, NOW GETTING THE, THE SENIOR ACTIVE LIVING.

UM, I'M NOT EXACTLY SURE IF THAT'S GONNA BE A GOOD FOCAL POINT OR NOT.

UH, I I, I'M NOT, I'M NOT GONNA LIE, I LIKE IT BETTER THAN THE APARTMENT COMPLEX.

YOU KNOW, HE'S GONNA BUILD SOMETHING THAT'S HIS LAND.

UM, I LIKE THE SINGLE STORY.

UM, THE ONE THING THAT WORRIES ME IS, UM, HE, HE GETS THE MF ONE CAN PLAN, PLANS CHANGE, YOU KNOW, CAN HE GO BACK AND, AND CHANGE THINGS, BUILD APARTMENT COMPLEX OR SOMETHING LIKE THAT.

OR IF IT DOESN'T WORK OUT, THAT'S WHERE I I'M AT.

AND THAT'S ONE REASON I'M HERE.

UM, YOU KNOW, I DON'T, I DON'T MIND A SINGLE STORY.

IT, IT WON'T OVERLOOK US.

IT WON'T OVERLOOK THE NEIGHBORS.

UM, LIKE THE NEIGHBORS TO THE LEFT OF ME.

UM, YOU KNOW, THEY'VE BEEN THERE 20 PLUS YEARS.

UM, THEY LOVE THE AREA.

THAT'S ONE THING.

UH, YOU KNOW, I I WAS ON THE ANGEL'S PROPERTY ONE TIME, YOU KNOW, TRESPASSING, YOU KNOW, THERE'S NO, I APOLOGIZE.

YEAH, WE'LL ADMIT THAT FROM THE RECORD.

I, I SAW THE, UH, THE, THE PROPERTY THAT WE HAVE NOW.

AND I THOUGHT TO MYSELF, YOU KNOW, I WONDER WHO OWNS THAT? YEAH.

AND UH, YOU KNOW, FORTUNATELY MY WIFE FOUND OUT IT CAME UP FOR SALE.

WE WERE ABLE TO ACQUIRE IT, YOU KNOW, AND WE OWNED IT.

SO DOING THAT, YOU KNOW, UM, BUILDING THAT, WHAT IS, WHAT IS THAT GONNA COME UP OF? IF THE ANGEL SELL THAT 76 ACRES OR 70 PLUS ACRES THAT THEY HAVE, WHAT ARE THEY GONNA BE ABLE TO BUILD THERE? IS IT GONNA BE SOMETHING THAT PEOPLE WANNA COME IN AND, AND HAVE A LITTLE BIT OF PROPERTY, OR IS IT GONNA BE TIGHT KNIT HOMES OR, YOU KNOW, 126 UNITS? SO THAT'S, THAT'S KIND OF WHERE I'M AT.

WELL, I DO APPRECIATE YOUR, YOUR COMMENTS AND, AND CERTAINLY I DO APPRECIATE THAT YOU WENT AND, AND LOOKED AT THE COMPREHENSIVE PLAN AND KIND OF HAVE A BETTER UNDERSTANDING OF, OF KIND OF THE BIGGER PICTURE.

UM, I THINK THE SINGLE FAMILY, UH, MF ONE IS LESS INTRUSIVE, OBVIOUSLY, TO NEIGHBORS.

YOU KNOW, I'VE ALWAYS EXPRESSED TO, TO OTHERS, UM, OUTSIDE OF BAYTOWN THAT, YOU KNOW, BAYTOWN IS UNIQUE.

WE WERE RIGHT ON THAT CUSP OF METRO HOUSTON AND RURAL HARRIS COUNTY, YOU BEING IN, IN THE HARRIS JUST OUTSIDE OUR CITY LIMITS.

AND SO WE DO TRY TO BE GOOD NEIGHBORS.

WE TRY TO BE MINDFUL OF, OF EVERYBODY'S, UM, CERTAINLY THEIR, THEIR CONCERNS.

AND, AND IT SOUNDS LIKE, UH, SOME OF THOSE CONCERNS HOPEFULLY AT LEAST WERE DISCUSSED AND, AND MAYBE WORKED OUT.

AND SO HOPEFULLY EVERYBODY CAN BE GOOD NEIGHBORS.

AND SO, UM, YOU KNOW, WE WON'T EVEN MENTION THE TRESPASSING OR ANYTHING LIKE THAT, , BUT I DO APPRECIATE YOU COMING FORWARD AND EXPRESSING YOUR, YOUR CONCERNS, SIR.

APPRECIATE IT.

ALRIGHT.

ALSO, WE HAVE, UH, GERALD GAS OF BG AND E IT LOOKS LIKE.

GOOD EVENING.

UH, GERALD GRISSOM WITH BGE.

I'M THE APPLICANT.

AH, UH, AND I'M MR. R.

I'M JUST HERE REALLY, IF THERE'S ANY QUESTIONS THIS EVENING.

OKAY, SO THAT IS ALL THAT I HAVE SIGNED UP TO SPEAK ON THIS ITEM.

SO WE'LL GO AHEAD AND CLOSE THIS PUBLIC HEARING.

THERE BE NO ONE ELSE DESIRING TO SPEAK.

I I'LL CLOSE THIS PUBLIC HEARING REGARDING THE PROPOSED REZONING OF APPROXIMATELY 13.32 ACRES FROM OR TO MF ONE.

SO WE'LL

[b. Consider an ordinance to amend the official zoning map to rezone approximately 13.32 acres generally located north of Blue Heron Pkwy and approximately 1200 feet east of Barkuloo Road from an Open Space/Recreation (OR) District to a Medium Density Mixed Residential (MF1) Zoning District.]

MOVE ON TO ITEM TWO B.

CONSIDER AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 13.32 ACRES, GENERALLY LOCATED NORTH OF BLUE HERON PARKWAY AND APPROXIMATELY 1200 FEET EAST OF BARLEY ROAD FROM OR TO OR OR DISTRICT TO MEDIUM DENSITY MIXED RESIDENTIAL MF ONE ZONING DISTRICT.

UH, I WILL ENTERTAIN A MOTION FROM, UH, COUNCILMAN, UM, POWELL.

MOTION TO APPROVE ITEM TWO B.

SECOND, WE HAVE A MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR? THE ITEM IS PRESENTED.

PLEASE SAY AYE.

THAT, THAT WE HAVE TO BE MINDFUL OF.

ALL THOSE OPPOSED? UM, I WILL MAKE ONE, ONE COMMENT IS JUST, UM, I THINK ONE THING PARTICULARLY FOR, I GUESS YOU'D SAY, UM, KIND OF SENIOR LIVING OR, OR ANY KIND OF, UM, DEVELOPMENTS LIKE THIS, I THINK THIS IS SOMETHING THAT WE REALLY, IT'S, UM, IT'S A MARKET

[00:10:01]

WE HAVE A LOT OF RETIREES IN THE AREA.

WE, WE LIKE THEM FOR THEM TO STAY IN THE AREA.

THERE'S SOME AMENITIES THAT A LOT OF THESE COMPLEXES, UH, BRING TO THE TABLE WHERE THEY, WHERE SOME FOLKS MOVE FROM SINGLE FAMILY, LARGER ESTATE TYPE, UM, YOU KNOW, HOMES TO SOMETHING MORE LIKE THIS.

SO, UM, THIS IS, THIS IS GOOD TO SEE THIS TYPE OF DEVELOPMENT WHERE WE CAN KEEP OUR RESIDENTS HERE IN BAYTOWN.

YES, MA'AM.

MAYOR, I'M SORRY, I, I, I MISSED PROVIDING A, A, A QUESTION.

AND SO, UM, THE GENTLEMAN ASKED IF, SINCE WE'RE PASSING IT AS A MF ONE, WHAT WOULD IT TAKE FOR THIS INDIVIDUAL, THE DEVELOPMENT TO DO APARTMENT COMPLEXES? WOULD THEY BE COMING BACK TO US TO GET IT REZONED TO MF TWO OR THEY CAN JUST DO IT? UH, I WOULD, WELL, I'LL, LET ME, LET ME COMMENT.

SHE CAN GIVE YOU THE LEGAL THING MM-HMM .

UH, THE LEGAL ASPECT, BUT YEAH, SO WE ARE APPROVING A ZONING DISTRICT.

MM-HMM .

UM, WHAT WE DO, UH, WHAT COUNCIL HAS TO DEPEND ON IS THE INTEGRITY OF A DEVELOPER.

WHEN THEY COME HERE AND THEY PRESENT WITH US A SITE PLAN TO P AND Z AND, AND ANY OTHER BOARD CITIZEN BOARD AND THEY COME TO US, UM, WE ARE TAKEN INTO CONTEXT THE ENTIRE, THE, THE ENTIRETY OF, AND THE MERIT OF A PROJECT.

UH, I WOULD BE EXTREMELY DISAPPOINTED IF A DEVELOPER COMES HERE AND PRESENTS, UM, UH, A PROJECT AND DECIDES TO DO SOMETHING DIFFERENT.

AND I'LL LEAVE IT AT THAT.

IF YOU WANT TO ADD TO THAT.

[a. Conduct a public hearing concerning a request for a Special Use Permit (SUP) to allow for a 130-foot tall monopole within 497.7 feet from property located within a Mid-rise Density Mixed Residential Dwellings (SF2) Zoning District and an adjustment from the fall zone regulation(s) for a 60' x 60' leased area out of approximately 10 acres generally located south of Decker Drive and east of Avenue J.]

MOVE ON TO ITEM THREE A CONSIDER PUBLIC HEARING.

LEMME GO AHEAD AND READ MY SCRIPT FOR THIS ONE.

IT IS NOW 6 41, UH, PM AND I NOW CALL THE ORDER OF THIS PUBLIC HEARING CONCERNING, UH, A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW FOR, UH, A 130 FOOT TALL MONOPOLE WITHIN 497.7 FEET FROM PROPERTY LOCATED WITHIN A MIXED RISE DENSITY, MIXED RESIDENTIAL DWELLING SF TWO ZONING DISTRICT AND ADJUSTMENT FROM THE FALL ZONE, UH, REGULATIONS FOR 60 BY 60 LEASED AREA OUT OF APPROXIMATELY 10 ACRES, GENERALLY LOCATED SOUTH OF DECKER DRIVE AND EAST OF AVENUE J.

SO I NOW LIKE TO REQUEST THE STAFF TO RE SUMMARIZE THE SUBJECT MATTER OF THIS PUBLIC HEARING.

IT'S THIS PROPERTY RIGHT HERE, THIS LITTLE L ON THE CORNER MM-HMM .

UM, SO AS MENTIONED, THIS IS FOR A SPECIAL USE PERMIT FOR 130 FOOT MONOPOLE CELL TOWER.

UM, THIS IS LOCATED JUST SOUTH OF DECKER DRIVE AND EAST OF AVENUE J AND YOU CAN SEE ON THE SUBJECT PROPERTY, IT'S BASICALLY RIGHT ALONG THAT NORTHERN PROPERTY LINE.

I'M GONNA SHOW YOU ANOTHER SLIDE THAT'LL GIVE YOU A BETTER IDEA OF EXACTLY WHERE THAT THAT'LL BE LOCATED.

SO THE SPECIAL USE PERMIT IS FOR THE SMALLER AREA, THE 60 BY 60, UH, LEASE SPACE ON, ON THE 10 ACRE PROPERTY.

UM, FOR REFERENCE TOWERS THAT ARE LESS THAN 85 FEET IN HEIGHT ARE, THEY ARE, UH, ALLOWED BY RIGHT.

ANYTHING OVER THAT HEIGHT NEEDS A SPECIAL USE PERMIT.

THEY GO THROUGH THE FULL P AND Z HEARING PROCESS IS WHY THEY'RE HERE TONIGHT.

UM, AS YOU CAN SEE, UH, THIS IS LOCATED ON A GC GENERAL COMMERCIAL, UH, ZONED PROPERTY.

AND THE PROPERTY NEARBY ARE ZONED BOTH RESIDENTIAL SF ONE, OR EXCUSE ME, SF TWO AND, UH, OPEN SPACE RECREATION.

BUT YOU CAN ALSO SEE THERE'S A LOT OF, UH, A LOT OF HIGHWAY AROUND THAT AREA AS WELL.

SO, UM, A COUPLE OF THINGS THAT ARE WORTH NOTING.

UM, THE APPLICANT HAS ASKED FOR AN ADJUSTMENT TO THE FALL ZONE REGULATIONS.

THOSE REGULATIONS REQUIRE THAT IF THE STRUCTURE WERE TO FALL ALONG ITS LONGEST DIMENSION, UH, THEN IT WON'T HIT ANYTHING.

UM, STRUCTURES, STREETS, UTILITIES, OTHER TOWERS, STUFF LIKE THAT.

AND IN THIS CASE, THAT DIMENSION IS 130 FEET.

SO IN THAT CASE, IT WOULD ONLY, UH, AFFECT THE UTILITY LINES ALONG THE NORTHERN PROPERTY LINE.

AS YOU CAN SEE, UM, ON BY THIS SLIDE THAT WE HAVE ABOUT 145 FEET FROM THE RIGHT OF WAY ON, UH, DECKER, UM, ABOUT 500 FEET FROM RESIDENTIAL, THE CLOSEST RESIDENTIAL UNITS, ALMOST A THOUSAND FEET FROM THE RESIDENTIAL UNIT USES TO THE SOUTH AND ABOUT 300 FEET FROM THE COMMERCIAL USES, UM, TO THE GENERALLY KIND OF SOUTHEAST THERE.

UM, THAT SAID, THE BUILDING TECHNOLOGY FOR THIS KIND OF TOWER HAS KIND OF EVOLVED OVER THE LAST, UM, COUPLE OF DECADES.

AND SO THEY'RE REALLY DESIGNED NOW TO COLLAPSE MORE DOWNWARD THAN THEY ARE TO JUST FALL FLAT.

SO, UM, WE DON'T BELIEVE THAT THIS TOWER, UH, IS ANY CAUSE FOR CONCERN, UH, IN THAT MANNER.

UM, THERE'S ALSO A REQUIREMENT THAT THIS TOWER BE LOCATED AT LEAST 525 FEET FROM A SINGLE FAMILY ZONING DISTRICT, UM, AS PROPOSED.

THIS TOWER IS ABOUT 27 FEET SHORT OF THAT.

UH, BUT THE NEARBY SF TWO DISTRICT IS CURRENTLY VACANT AND IS NOT BELIEVED THAT THIS VARIANCE FROM THE REQUIREMENT REALLY CAUSES ANY DETRIMENT, UH, TO THAT PROPERTY.

AGAIN, THEY'RE ALREADY ALMOST 500 FEET.

UM, FROM THAT, UM, I KNOW THERE WAS A QUESTION ABOUT IMPACT TO, I BELIEVE IT WAS THE NEARBY BUSH TERRACE PARK MM-HMM .

UM, WHICH IS ACTUALLY, LET'S SEE, NOPE, DO THAT.

UM,

[00:15:01]

UM, THIS TOWER WHERE THE TOWER IS LOCATED ON THE NORTHERN PART OF THE PROPERTY.

UM, WE'RE ABOUT A THOUSAND FEET FROM THAT PARK, SO, UM, STAFF DOESN'T BELIEVE THAT THERE'S ANY REAL IMPACT TO THAT PARK.

UM, STAFF REVIEW HAS FOUND THIS PROPOSAL IS GENERALLY CONSISTENT WITH THE COMP PLAN AND WITH THE ULDC.

UH, THE PLANNING AND ZONING COMMISSION HELD PUBLIC HEARINGS ON THIS IN MAY AND JUNE.

UM, I BELIEVE, I THINK THE APPLICANT MIGHT BE HERE TONIGHT AND, UH, BUT OTHERWISE STAFF IS HAPPY TO ANSWER ANY QUESTIONS.

ALRIGHT, THANK YOU.

ANY QUESTIONS, UM, THIS EVENING, COUNSEL? IF NOT, I DON'T BELIEVE I HAVE ANYONE WHO SIGNED UP TO SPEAK.

SO WITH THAT, I'LL NOW CLOSE THIS PUBLIC HEARING REGARDING THIS SPECIAL USE PERMIT FOR THE TELECOMMUNICATIONS TOWER.

[b. Consider an ordinance for a Special Use Permit (SUP) to allow for a 130-foot tall monopole within 497.7 feet from property located within a Mid-rise Density Mixed Residential Dwellings (SF2) Zoning District and an adjustment from the fall zone regulation(s) for a 60' x 60' leased area out of approximately 10 acres generally located south of Decker Drive and east of Avenue J.]

WE WE'LL MOVE ON TO ITEM, UH, THREE B CONSIDERED ORDINANCE FOR THE SPECIAL USE PERMIT TO ALLOW FOR 130 FOOT TALL MONOPOLE WITHIN 497.7 FEET FROM PROPERTY LOCATED WITHIN THE, A MID-RISE DENSITY MIXED RESIDENTIAL DWELLING SF TWO ZONING DISTRICT AND ADJUSTMENT FROM THE FALLS ZONE REGULATIONS FOR A 60 BY 60 LEASED AREA OUT OF APPROXIMATELY 10 ACRES, GENERALLY LOCATED SOUTH OF DECKER AND EAST OF AVENUE J.

SO, UM, MS. ALVARADO, I WOULD ENTERTAIN A MOTION FOR ITEM THREE B.

MOTION TO APPROVE THREE B.

SECOND.

MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR OF THE ITEMS PRESENTED, PLEASE SAY AYE.

[4. CITY OF BAYTOWN GENERAL AND SPECIAL ELECTIONS]

CONSIDER ORDINANCE ORDERING THE CITY OF BAYTOWN GENERAL ELECTION TO BE HELD ON NOVEMBER 2ND, 2021 FOR THE PURPOSE OF ELECTING A MAYOR, MS. HORNER.

SO ITEMS, UH, FOUR A THROUGH FOUR E CAN BE TAKEN TOGETHER.

THEY'RE ALL PERTAINING TO THE GENERAL AND SPECIAL ELECTIONS THAT ARE GONNA BE HELD ON NOVEMBER 2ND OF THIS YEAR.

UH, THE FIRST ONE IS FOR THE ELECTION OF THE MAYOR, IS OUR GENERAL ELECTION.

THE SECOND ONE IS FOR THE STREET MAINTENANCE SALES TAX, AND THE THIRD IS FOR THE CHARTER REVIEW.

UH, CHARTER AMENDMENTS.

THERE WERE THREE CHARTER AMENDMENTS.

WE HAD A WORK SESSION ON THAT.

AND SO THOSE ARE, UH, UP FOR, FOR YOUR REVIEW AND APPROVAL.

UM, THE REMAINING TWO, UM, ITEMS, D AND EI BELIEVE THAT WOULD BE, ARE THE AUTHORIZING THE CITY MANAGER TO NEGOTIATE ELECTION CONTRACTS WITH THE COUNTIES FOR THOSE ELECTIONS.

ALRIGHT, I'LL ENTERTAIN A MOTION FOR ITEMS FOUR A THROUGH E AS PRESENTED.

MOVE TO APPROVE ITEMS FOUR A THROUGH E.

MOTION TO SECOND ANY QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR OF ITEMS FOUR A THROUGH E AS PRESENTED, PLEASE SAY AYE.

AYE OF THOSE POSTS ITEMS CARRY, MOVE TO ITEM FIVE A, REVIEW AND EVALUATE THE CURRENT LAND

[a. Review and evaluate the current land use assumptions and receive update of the land use assumptions, capital improvements plan and impact fees.]

USE ASSUMPTIONS AND RECEIVE UPDATE OF THE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES.

MR. SEMINO.

GOOD EVENING, MAYOR AND COUNSEL.

UH, ITEM FIVE A IS TO RECEIVE AN UPDATE REGARDING THE, UH, CALCULATION OF IMPACT FEES, INCLUDING LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLAN, UH, THAT ARE USED IN THOSE CALCULATIONS.

COLO ENGINEERS PROVIDED, UH, BACKGROUND INFORMATION AT A, UH, WORK SESSION ON MAY 13TH.

AND I HAVE, UH, CARO HERE AGAIN TONIGHT.

UH, JENNIFER IVY WILL, UH, PRESENT A SUMMARY OF THE IMPACT FEE AND, UM, I'LL TURN IT OVER TO HER FOR, UH, PRESENTATION.

UM, THE UTILITY BILLS, THAT IS WHAT PAYS FOR THE OPERATIONS AND MAINTENANCE BUDGET AND REPAIR AND REPLACEMENT OF INFRASTRUCTURE THAT SERVES THOSE EXISTING CUSTOMERS.

ALL RIGHT.

UH, SO TO TONIGHT I'M GONNA GO THROUGH A QUICK, UM, INTRODUCTION AND OVERVIEW OF IMPACT FEES, UM, WHAT THEY ARE AND, AND HOW WE CALCULATE THOSE, UM, WHAT THEY CAN BE USED FOR.

UM, THEN WE'RE GONNA GO INTO BASICALLY THE THREE COMPONENTS OF THE STUDY.

THE FIRST IS THE LAND USE ASSUMPTIONS PLAN.

THEN WE'LL TALK ABOUT THE CAPITAL IMPROVEMENTS PLAN.

UM, AND THEN FINALLY THE CALCULATION OF THE MAXIMUM ALLOWABLE IMPACT FEES.

UM, AND THEN WE DO HAVE A COMPARISON TO SOME OTHER UTILITIES, UM, IN THE AREA.

AND SO WE'LL SHOW YOU HOW THE PROPOSED, UH, IMPACT FEES DO COMPARE TO THOSE UTILITIES.

AND THEN I'LL HAVE TIME FOR QUESTIONS.

OKAY, SO BASICALLY IMPACT FEES.

THIS LITTLE TABLE JUST COMPARES IMPACT FEES TO RATES THAT ARE USED TO CALCULATE YOUR UTILITY BILLS.

UM, SO JUST TO KIND OF COMPARE AND CONTRAST, UM, BASICALLY YOU UTILITY BILLS, THAT'S WHAT YOU GET EVERY MONTH.

UM, AND THAT'S HOW YOU PAY FOR YOUR MONTHLY USAGE.

UM, WHEREAS AN IMPACT FEE IS PAID JUST ONE TIME.

UM, IT'S, IT'S NOT SOMETHING THAT YOU PAY EVERY MONTH.

YOU PAY IT ONE TIME WHEN YOU CONNECT TO THE SYSTEM.

UM, SO THE UTILITY BILL GOES OUT TO ALL THE EXISTING CUSTOMERS, BUT AN IMPACT FEE IS SOMETHING THAT A NEW CUSTOMER PAYS FOR, OR OFTENTIMES A DEVELOPER.

[00:20:02]

WHEREAS THE IMPACT FEE IS FOCUSED ON PAYING FOR THE INFRASTRUCTURE THAT'S GOING TO SERVE NEW CUSTOMERS.

SO IT'S, IT'S PAYING FOR THE INFRASTRUCTURE THAT PROVIDES THAT ADDITIONAL CAPACITY THAT'S REQUIRED.

OKAY, SO THE FIRST PIECE, THE LAND USE ASSUMPTIONS, THIS IS WHERE WE LOOK AT THE PROJECTED GROWTH FOR THE 10 YEAR PERIOD.

AND I GUESS I SHOULD BACK UP AND, AND EXPLAIN THAT IMPACT FEES, THE PROCESS THAT WE GO THROUGH TO CALCULATE THE MAXIMUM IMPACT FEES THAT IS GOVERNED BY CHAPTER 3 95 OF THE TEXAS LOCAL GOVERNMENT CODE.

AND SO CHAPTER 3 95 LIMITS THE WINDOW THAT WE LOOK AT FOR THIS CALCULATION TO 10 YEARS.

UM, AND SO WE'RE GONNA LOOK AT GROWTH THAT WE EXPECT IN THE 10 YEAR PERIOD.

HOW MANY NEW EQUIVALENT DWELLING UNITS DO WE EXPECT TO ADD IN THIS 10 YEAR PERIOD? AND SO THE FIRST STEP TO DETERMINE THAT IS TO LOOK AT THE POPULATION PROJECTIONS THAT WE HAVE.

SO YOU CAN SEE HERE WE HAVE OUR, UH, FISCAL YEAR 2020, POPULATION 96,457, AND THEN WE EXPECT THE POPULATION TO INCREASE TO 117,789 IN FISCAL YEAR 2030.

SO WE'RE GONNA USE THAT, UH, POPULATION PROJECTION TO CALCULATE THE EQUIVALENT DWELLING UNITS.

SO THE EQUIVALENT DWELLING UNIT IS BASICALLY OUR SERVICE UNIT FOR THE STUDY.

SO THIS IS THE, AND, AND WE, UH, DEFINE THAT AS THE AMOUNT OF WATER THAT ONE, UH, TYPICAL SINGLE FAMILY HOME WOULD USE.

UM, AND SAME THING ON THE WASTEWATER SIDE.

HOW MUCH WASTEWATER WOULD ONE TYPICAL SINGLE FAMILY HOME CONTRIBUTE TO THE SYSTEM? AND SO THE WAY THAT WE DETERMINE THAT, WE HAVE OUR AVERAGE CONSUMPTION PER SERVICE UNIT.

SO WE TAKE THE AVERAGE DAILY, DAILY DEMAND ON THE WATER SIDE OR THE AVERAGE DAILY FLOW ON THE WASTEWATER SIDE, WE DIVIDE THAT BY THAT AVERAGE CONSUMPTION OR AVERAGE, UM, CONTRIBUTION FOR WASTEWATER PER SERVICE UNIT.

AND THAT TELLS US HOW MANY EQUIVALENT DWELLING UNITS WE HAVE RIGHT NOW IN THE SYSTEM.

AND THEN WE APPLY THAT SAME, UM, CONSUMPTION PER SERVICE UNIT TO THE POPULATION.

WE LOOK AT THE GROWTH IN THE POPULATION AND WE ASSUME THAT WE'RE GROWING AT THE SAME RATE FOR EQUIVALENT DWELLING UNITS.

UM, AND SO THEN WHEN WE TAKE THE DIFFERENCE IN WHAT WE HAVE IN EQUIVALENT DWELLING UNITS TODAY VERSUS 10 YEARS FROM NOW, WHAT WE PROJECT, THAT TELLS US HOW MANY WE'RE GONNA ADD.

SO YOU CAN SEE THAT THEY'RE ALMOST THE SAME.

WE EXPECT TO ADD 7,619, UH, SERVICE UNITS IN FOR WATER AND 7,597 WASTEWATER SERVICE UNITS.

SO THIS TABLE GIVES A LITTLE BIT MORE DETAIL GETTING INTO THE NUMBERS, YOU KNOW, LOOKING AT THAT AVERAGE DAY DEMAND FOR 2020, WHAT WE EXPECT THAT AVERAGE DAY DEMAND FOR 2030 TO BE, AND WE HAVE 359 GALLONS PER DAY PER SERVICE UNIT.

THAT'S WHAT WE'RE ASSUMING ON THE WATER SIDE AND 355 GALLONS PER DAY ON THE WASTEWATER SIDE.

AND SO THAT IS HOW WE CALCULATE THOSE SERVICE UNITS.

UM, AND YOU CAN SEE THE DIFFERENCE THERE.

SO THAT'S THE LAND USE ASSUMPTIONS PIECE.

THE SECOND PIECE THAT WE HAVE TO USE TO CALCULATE IS CALLED THE CAPITAL IMPROVEMENTS PLAN.

NOW THAT'S WHAT THEY CALL IT IN CHAPTER THREE NINETY FIVE.

IT'S A LITTLE BIT DIFFERENT FROM WHAT YOU TYPICALLY THINK OF AS THE CAPITAL IMPROVEMENTS PLAN.

UM, USUALLY THE UTILITY COMES TO YOU WITH CAPITAL IMPROVEMENTS PLAN.

THAT'S EVERYTHING THAT THEY PLAN TO BUILD.

UM, THIS IS A LITTLE BIT DIFFERENT.

WE START WITH THAT CAPITAL IMPROVEMENTS PLAN THAT YOU'VE ALREADY SEEN FROM THE UTILITY, BUT WE HAVE TO WHITTLE IT DOWN A LITTLE BIT BECAUSE WE HAVE TO FOCUS ON WHAT PORTION OF THAT IS TO, UH, DEVELOP OUR, OUR, UM, TO EXPAND THE CAPACITY IN ORDER TO SERVE NEW GROWTH.

UM, AND SO THAT'S WHAT WE'RE DOING AS THIS PART OF THE STUDY IS WE'RE TAKING THAT CIP, UM, THAT IS ALL THE PROJECTS AND WE'RE SAYING, WELL, WHAT PORTION OF THOSE PROJECTS CAN WE INCLUDE IN THIS CALCULATION BECAUSE THEY'RE RELATED TO THE CAPACITY THAT WILL SERVE THE NEW GROWTH IN THE NEXT 10 YEARS.

AND SO WE'RE GONNA LOOK AT THAT RECOVERABLE COST FOR THE IMPACT FEES, THAT PORTION OF THE CIP THAT WE CAN INCLUDE.

UH, CHAPTER 3 95 ALSO ALLOWS US TO INCLUDE FINANCING COSTS SO WE CAN PROJECT HOW MUCH, UM,

[00:25:01]

THE CITY WOULD NEED TO PAY IN, UH, INTEREST, UM, ON LIKE IF THE CITY HAS TO BORROW MONEY IN ORDER TO PAY FOR THESE CAPITAL IMPROVEMENTS, HOW MUCH ARE THEY GONNA PAY FOR THE FINANCING? AND THEN ADVISORY COSTS.

THIS IS FOR THINGS LIKE, UM, A MASTER PLAN.

HOW MUCH DOES THE CITY HAVE TO PLAY, PAY FOR A MASTER PLAN OR EVEN FOR THIS STUDY TO CALCULATE THESE IMPACT FEES THAT CAN BE INCLUDED IN THIS CALCULATION AS WELL.

OKAY, SO WHEN WE LOOK AT WATER, UM, WE TOOK THE CIP FOR WATER, WE NARROW IT DOWN TO WHAT CAN WE INCLUDE? AND WE, UM, IDENTIFIED $12 MILLION WORTH JUST A LITTLE OVER $12 MILLION WORTH OF PROJECTS THAT ARE RELATED TO PROVIDING CAPACITY FOR THOSE NEW EDS THAT WE EXPECT TO COME ONLINE IN THE NEXT 10 YEARS.

UM, WE ARE USING A 4% INTEREST RATE.

AND SO OUT OF 4% INTEREST RATE, WE EXPECT ABOUT $491,000 IN, UH, FINANCING COSTS.

UH, THEN WE HAVE THE, IN THE ADVISORY COSTS, WE HAVE 286,000 IN ADVISORY COSTS.

AND SO ALL OF THAT SUMS TO A LITTLE OVER $13 MILLION FOR WATER.

NOW, CHAPTER 3 95 ALSO HAS, UM, A REQUIREMENT THAT YOU, UM, ONLY APPLY 50% OF THAT CALCULATED, UM, CIP DOLLAR AMOUNT.

UM, AND THE REASON IS THAT THEY WANNA MAKE SURE THAT WHATEVER REVENUE YOU RECOVER THROUGH THE IMPACT FEES, THAT YOU'RE NOT ALSO RECOVERING SOME OF THOSE SAME COSTS THROUGH RATES.

OKAY? SO THEY WANNA MAKE SURE THAT A, A NEW CUSTOMER DOESN'T COME IN PAY FOR THE IMPACT FEE, AND THEN THEY TURN AROUND AND THEY STILL PAYING FOR SOME OF THOSE SAME THINGS THROUGH THEIR RATES.

AND THAT THE REASON WHY THAT CAN HAPPEN, IT'S A TIMING ISSUE.

IT'S JUST A MATTER OF WHEN THE MONEY COMES IN FROM THE DIFFERENT SOURCES AND HOW DOES THAT, UM, SPENDING OCCUR.

AND SO WE APPLY THE 50% IN ORDER TO MAKE SURE THAT WE AREN'T DOUBLE COUNTING ANYTHING.

SO THAT REDUCES THE AMOUNT THAT CAN BE RECOVERED THROUGH THE IMPACT FEES FOR WATER TO SIX AND A HALF MILLION DOLLARS.

NOW ON THE WASTEWATER SIDE, WE HAVE, UM, A LOT MORE, UH, A LOT HIGHER CIP THAT WE'RE STARTING FROM.

AND SO WHEN WE LOOK AT WHAT CAN BE INCLUDED, WE HAVE $48 MILLION.

UM, AND I SHOULD ADD TOO, GOING BACK, WE MENTIONED THIS AT THE WORKSHOP, UM, BUT ON THE WATER SIDE, KEEP IN MIND THAT THIS IS THE CITY INFRASTRUCTURE ONLY.

SO IT DOES NOT INCLUDE WATER TREATMENT, WHICH IS ONE OF THE REASONS WHY WATER WAS SO MUCH LESS THAN WHAT WE'RE LOOKING AT HERE FOR WASTEWATER.

SO WE HAVE $48 MILLION IN THE CIP THAT IS INCLUDED IN THAT.

THE FINANCING COST IS ANOTHER 1.9 MILLION PLUS THE ADVISORY COSTS AND ALL OF THAT TOTALS TO A LITTLE OVER $50 MILLION.

ONCE WE CUT THAT IN HALF, WE HAVE $25 MILLION THAT WE CAN INCLUDE IN THIS IMPACT FEE CALCULATION.

OKAY, SO THIS IS JUST A LIST OF SOME OF THE PROJECTS THAT WERE INCLUDED IN THE CIP.

WE TRIED TO PULL OUT SOME OF THE LARGER ONES SO THAT YOU COULD JUST GET A FEEL FOR WHAT WE HAVE IN HERE.

AND KEEP IN MIND, THIS IS THE TOTAL PROJECT COST.

THIS DOESN'T MEAN THAT WE'RE INCLUDED ALL OF THIS IN THERE.

AND SO FOR EXAMPLE, YOU KNOW, A LOT OF THESE ARE REPAIR AND REHAB TYPE PROJECTS, WHICH YOU MIGHT SEE AND SAY, WELL, HOW CAN THAT BE INCLUDED IN, IN THE IMPACT FEE STUDY? AND SO FOR EXAMPLE, THAT TOP ONE 27 MILLION, WE'RE NOT INCLUDING ALL OF THAT 27 MILLION IN THERE.

WE CAN'T BECAUSE WE CAN'T INCLUDE ANY PROJECT THAT IS SIMPLY, UM, REHABBING OR REPAIRING OR REPLACING, UM, AN EXISTING WATERLINE THAT'S SERVING EXISTING CUSTOMERS.

BUT WE CAN INCLUDE THE PORTION OF THAT PROJECT THAT IS SERVING NEW CUSTOMERS.

SO ANYTIME YOU HAVE, UM, A REPLACEMENT WHERE YOU'RE INCREASING THE SIZE OF THE PIPE, WE CAN INCLUDE A PORTION OF THAT PROJECT IN THERE.

OR ANYTIME YOU'RE REPLACING A A PIPE PIPELINE THAT MAYBE 50% OF THAT IS SERVING EXISTING CUSTOMERS, BUT MAYBE THE OTHER 50% OF THAT IS STILL UNUSED AND CAN BE USED BY THOSE NEW CUSTOMERS.

SO I JUST WANTED TO EXPLAIN THAT BECAUSE I KNOW SOMETIMES THE WORDING THERE IS A LITTLE BIT OF A RED FLAG ON IMPACT FEES.

AND SO WE HAVE BEEN VERY CAREFUL TO GO BACK IN AND MAKE SURE THAT WE'RE ONLY INCLUDING THE PORTION OF THESE PROJECTS THAT IS RELATED TO THE INFRASTRUCTURE THAT WILL SERVE NEW CUSTOMERS.

OKAY?

[00:30:01]

AND SO WE TAKE THOSE TWO PIECES AND WE PUT THAT TOGETHER.

UM, THIS IS REALLY JUST A SIMPLE DIVISION PROBLEM.

WE TAKE THE DOLLARS FROM THE CAPITAL IMPROVEMENTS PIECE AND WE DIVIDE THAT BY THE INCREASE IN EQUIVALENT DWELLING UNITS OVER THE 10 YEAR PERIOD.

SO FOR WATER, WE'RE JUST TAKING THE 13 MILLION DIVIDED BY THE 76 19 WASTEWATER, WELL, SORRY, NOT THE 13 MILLION.

WE'RE TAKING THE SIX AND A HALF MILLION AFTER THE 50% IS APPLIED, DIVIDING THAT BY THE 76 19.

AND ON THE WASTEWATER SIDE, WE TAKE 25 MILLION, DIVIDE THAT BY THE 75 97, AND THAT GIVES US OUR MAXIMUM ALLOWABLE IMPACT FEE.

AND SO HERE YOU CAN SEE FOR WATER THAT COMES OUT TO BE, UH, 1715 BEFORE YOU APPLY THE 50%.

SO THAT'S $857.

UM, ONCE YOU APPLY THAT 50%, THE CURRENT FEE, THE CALCULATED FEE WAS 2,172.

SO THE 50% OF THAT IS 1087.

SO YOU CAN SEE THAT THIS WATER IMPACT FEE IS ACTUALLY DECREASING.

UM, AND THAT'S OFTEN HAPPENS, UM, AS YOU GET CLOSER TO BUILD OUT AND YOU'VE BUILT A LOT OF THE INFRASTRUCTURE THAT YOU NEED AHEAD OF TIME, WHICH IS HOW YOU HAVE TO BUILD IT.

UM, AND SO THIS ISN'T UNCOMMON TO SEE AN IMPACT FEE START TO COME DOWN A LITTLE BIT ON THE WASTEWATER SIDE.

UM, THE CALCULATED IMPACT FEE IS $6,630.

ONCE WE CUT THAT IN HALF, IT'S $3,315.

UM, THE CURRENT FEE AFTER THE 50% IS APPLIED IS 2,437.

SO WASTEWATER IS ACTUALLY GOING UP QUITE A BIT.

AND SO THEN WHEN YOU COMBINE THOSE TOGETHER, ONE EQUIVALENT DWELLING UNIT IS, UM, WHAT WE WOULD CHARGE FOR A FIVE EIGHTHS INCH BY THREE QUARTER INCH METER.

UM, AND SO YOU CAN SEE THAT THAT COMBINED FEE IS $4,172.

UM, CURRENTLY A UM, FIVE EIGHT INCH BY THREE QUARTER INCH METER WOULD PAY $3,524 COMBINED.

SO THAT IS AN INCREASE OF $648.

AND THEN FOR LARGER METERS, UM, THAT FEE INCREASES AND THE FEE IT THE, UM, WE USE THE MAXIMUM SAFE OPERATING CAPACITY, UM, FROM A WWA STANDARDS TO UM, FIGURE OUT HOW MUCH THAT FEE SHOULD GO UP FOR EACH METER SIZE.

AND SO YOU CAN SEE THERE WHAT THE PROPOSED FEE WOULD BE FOR THE LARGER METERS AS COMPARED TO THE EXISTING FEE.

SO THIS CHART SHOWS THE COMPARISON OF THE, BOTH THE EXISTING COMBINED FEE AND THE PROPOSED COMBINED FEE TO SOME OF THE OTHER NEIGHBORING AGENCIES.

UM, SO WE'VE GOT A COMPARISON TO PEAR LAND MISSOURI CITY AND LEAGUE CITY.

WE DID LOOK AT DEER PARK AND SUGAR LAND.

UM, BUT NEITHER ONE OF THOSE CHARGES IMPACT FEES.

UM, AND SO THAT IS WHY YOU SEE THEM AT ZERO.

CAN I ASK WHY? WHY DO THEY NOT OR WHEN PEOPLE DON'T, WHY IT'S OPTIONAL? UM, YOU KNOW, SOME, I COULDN'T TELL YOU EXACTLY WHY THEY DO.

UM, YOU KNOW, MAYBE THEY DON'T WANNA GO THROUGH THE PROCESS.

UM, YOU KNOW, MAYBE I UNDERSTAND A LITTLE BIT.

DEER PARK, SUGARLAND I'M KIND OF SURPRISED ABOUT, BUT YOU KNOW, I WAS AS WELL.

UM, SO I DON'T KNOW WHAT THEIR REASONING IS.

UM, I WILL SAY THAT BECAUSE THEY DON'T CHARGE AN IMPACT FEE, THAT MEANS THAT THEY ARE HAVING TO RECOVER THE COST OF THEIR GROWTH THROUGH THEIR RATES.

SO THEY'RE PUTTING THAT ON THE BACKS OF THEIR EXISTING RATE PAYERS.

DO YOU HAVE ANY QUESTIONS? I JUMPED THE GUN AND ASKED ONE ANY QUESTIONS, UH, FOR THE PRESENTATION? I, NO QUESTIONS? NO.

WELL THEN, UH, I GUESS WITH THAT WE'LL MOVE FROM ITEM FIVE

[b. Consider an ordinance setting a public hearing to discuss and review the update of the land use assumptions, capital improvements plan and impact fees.]

UH, FIVE B WOULD BE JUST TO CONSIDER ORDINANCE SETTING A PUBLIC HEARING TO DISCUSS AND REVIEW THE PUBLIC, UM, THE PUBLIC, UM, REVIEWING THE UPDATE OF THE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES.

SO I GUESS WITH THAT, WHAT IS THE, WHAT IS THE DATE WE'RE, WE'RE GONNA SET OR YES, SIR.

UH, MR. MAYOR, IT, UH, SO THE PROCESS WILL START WITH, UH, ITEM FIVE B AND, UH, IT INCLUDES A PUBLIC HEARING ON AUGUST 26TH.

UH, PNZ COMMENTS WILL BE FILED PRIOR TO THE PUBLIC HEARING AND COUNCIL MAY TAKE ACTION ON THE IMPACT FEE UPDATE FOLLOWING THE, UH, PUBLIC HEARING.

UH, PRIOR TO THE PUBLIC HEARING, THE PLANNING AND ZONING COMMISSION WILL CONSIDER THE UPDATE TO LAND USE ASSUMPTIONS AND THE CAPITAL IMPROVEMENT PLAN.

AND THAT WILL BE ON JULY 20TH.

[00:35:01]

SO STAFF RECOMMENDS APPROVAL ITEM FIVE B.

YEAH.

ITEM FIVE B.

SO WE'RE JUST SETTING THE PUBLIC HEARING, WHICH IS AUGUST 26TH.

SO I'D ENTERTAIN A MOTION FOR ITEM FIVE B.

MOTION TO APPROVE FIVE B.

SECOND MOTION.

SECOND, ANY QUESTION OR COMMENTS? IF NOT ALL THOSE IN FAVOR OF ITEM FIVE B IS PRESENTED, PLEASE SAY AYE.

I COULD TAKE A POINT OF PRIVILEGE, I'M GONNA MOVE, UH, ITEM EIGHT A, UH, SOME APPOINTMENTS.

ALL THOSE OPPOSED? UM, IF

[a. Consider the appointment of two (2) members to the Baytown Animal Control Advisory Committee.]

WE HAVE SOME CITIZENS HERE, I DON'T WANNA CONTINUE, HAVE THEM JUST WAIT FOR SOME OTHER, UM, ADMINISTRATIVE ACTIONS THAT WE NEED TO TAKE.

SO ITEM EIGHT A, CONSIDER THE APPOINTMENT OF TWO MEMBERS OF THE BAYTOWN ANIMAL CONTROL ADVISORY COMMITTEE.

MS. ALVARADO.

THANK YOU, MAYOR.

SO COUNSEL, UM, AS A RESULT OF OUR PREVIOUS MEETING, UH, WE RESPECTED YOUR VOICE AND YOUR INPUT TO APPOINT A NEW REPRESENTATIVE TO THE ANIMAL WELFARE POSITION.

WE TOOK THIS OPPORTUNITY AS WELL TO PLACE ANOTHER CANDIDATE BEFORE YOU TO FILL THE THIRD SPOT OF OUR INTERESTED CITIZEN AND THUS COMPLETING OUR ADVISORY BOARD.

SO AFTER ANOTHER ROUND OF INTERVIEWS, UH, WHAT WE ARE RECOMMENDING THIS EVENING IS MS. LOU SISK FOR THE ANIMAL WELFARE ORGANIZATION REPRESENTATIVE AND MR. ALBERTO CONTRARES FOR THE INTERESTED CITIZEN REPRESENTATIVE, AND I BELIEVE HE IS HERE THIS EVENING.

OKAY, NOW WE ONCE AGAIN ASK FOR YOUR TRUST IN OUR RECOMMENDATIONS.

AND PLEASE REMEMBER THAT THESE COMMITTEE APPOINTMENTS VERY MUCH LIKE ALL OF OUR OTHER COMMITTEES DO SERVE AT THE PLEASURE OF COUNCIL.

AND THEN WITH, UM, THE SELECTION WITH, AS A SELECTION COMMITTEE, WE DID DECIDE TO, UM, STAY TOGETHER INTACT TO FOLLOW THE START OF THIS COMMITTEE, THE COMPATIBILITY OF THE MEMBERS, AS WELL AS THEIR PROGRESS.

UM, AFTER THAT, THEN WE'LL REMAIN INTACT UNTIL WE ARE NEEDED AGAIN, OR INACTIVE UNTIL WE ARE NEEDED AGAIN.

SO I'M GONNA YIELD SOME TIME TO BOTH MY, UH, COMMITTEE MEMBERS TO SEE IF THEY HAVE ANY ADDITIONAL COMMENTS BEFORE WE TAKE ANY QUESTIONS.

ANY, ANY ADDITIONAL COMMENTS? MM-HMM .

SIR? YEAH, I JUST WANNA SAY THAT WE TOOK THIS OPPORTUNITY VERY SERIOUSLY.

WE TOOK TIME OUT OF OUR DAYS.

THE INDIVIDUALS WHO APPLIED TOOK TIME OUT OF THEIR DAYS TO SERVE ON A COMMITTEE THAT'S STRICTLY VOLUNTARY.

I WANNA SAY THANK YOU TO EVERYONE WHO APPLIED, THANK YOU TO THE CITIZENS WHO AGREED TO GO THROUGH WITH THE INTERVIEW PROCESS AND FOR WHEN WE, WHEN THEY WERE INFORMED THAT THEY WERE CHOSEN FOR ACCEPTING IT.

I JUST WANT TO REITERATE THAT WE TOOK A LOT OF TIME ON THIS AND I WANT TO THANK COUNCILWOMAN ALVARADO FOR CHAIRING THIS COMMITTEE.

UM, HER LEADERSHIP, HER GUIDANCE, AND HER PATIENCE WITH THE WHOLE PROCESS.

AND I ALSO WANT TO COUNCILWOMAN BITTEN COURT FOR HER GUIDANCE, HER OPINIONS, HER INPUT, BECAUSE I, I BELIEVE THIS COMMITTEE IS GOING TO DO, IS GOING TO SET A GREAT PATH GOING FORWARD FOR ANIMALS AND THE SAFETY OF CITIZENS IN OUR CITY.

THANK YOU, COUNCILMAN.

ALRIGHT.

I DO WANT TO DO, WANT TO REITERATE, YES, I DO THINK, UM, THE, THE ENTIRE COMMITTEE AND MS. ALVARADO FOR, FOR THE TIME SPENT, UM, THE PAST 6, 7, 8 MONTHS IN, IN FORMING THIS.

AND, UM, I DO HOPE THAT, THAT Y'ALL WILL STAY INTACT UNTIL I THINK THE BYLAWS AND, AND SOME OTHER ADMINISTRATIVE ACTIONS ARE TAKEN TO ENSURE EVERYTHING'S INTACT.

AND THEN WE COULD BE COMMISSION THE, THE AD HOC COMMITTEE.

SO, ABSOLUTELY.

THANK YOU, MAYOR.

ALRIGHT, SO WITH THAT, UH, I THINK THERE WAS NAMES, UH, AND I'M ASSUMING ANIMAL ADVOCATE IS MS. LOU SISK AND, UM, THE CURRENT CITIZEN IS MR. CONTRERAS.

SO WITH THAT, I WOULD ENTER, I'M ASSUMING YOU'RE GONNA MAKE A MOTION.

UH, FOR THESE NAMES AS PRESENTED FOR ITEM EIGHT A, UH, MOTION MOVED.

MOTION I SECOND.

SECOND.

MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR OF THE, UH, UM, NAMES AS PRESENTED, PLEASE SAY AYE.

A ALL THOSE OPPOSED? ALL RIGHT.

ITEM CARRIES.

AND SO WE'LL MOVE ON TO ITEM SIX A, CONSIDER AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY.

[a. Consider an ordinance authorizing the First Amendment to the Development Agreement with Chambers County Municipal Utility District No. 3]

BEFORE WE MOVE ON, THANK YOU CITIZENS FOR ATTENDING AND THANK YOU FOR YOUR APPLICATION AND, AND OBVIOUSLY YOUR INTEREST IN SERVING, UH, TO THIS BOARD AND THEIR PATIENTS.

[00:40:01]

ORDINANCE TO AUTHORIZE THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY MUD DISTRICT NUMBER THREE.

UH, THANK YOU.

SO THIS PROPOSAL IS TO AMEND THE DEVELOPMENT AGREEMENT FOR THE HEIGHTS OF BAYTOWN, WHICH IF YOU'LL REMEMBER, IS A 223 ACRE MIXED USE DEVELOPMENT CHAMBERS COUNTY AND THE CITY'S ETJ.

RIGHT? UM, THIS IS SOUTH OF I 10 ALONG THE WEST SIDE OF STATE HIGHWAY 99.

UH, THIS IS GONNA CONSIST OF 565 SINGLE FAMILY LOTS, 22 ACRES OF MULTIFAMILY UNITS AND 35 ACRES OF COMMERCIAL USE.

SO THE ORIGINAL AGREEMENT WAS DONE ABOUT A YEAR AGO.

UH, THE APPLICANT HAS REQUESTED THE AMENDMENT TO ACCOUNT FOR A CHANGE IN THEIR SINGLE FAMILY HOME BUILDER.

UM, THIS WOULD BASICALLY JUST ADJUST THE CONFIGURATION OF THE SINGLE FAMILY LOTS, UH, MOVE THE LOCATION OF THE DETENTION AS IT WAS PROPOSED, RAISE THE LEVEL OF THE LANDSCAPING REQUIREMENTS, AND ADD MORE CONNECTIVITY IN THE WAY OF ADDITIONAL TRAILS AND SIDEWALKS.

UH, STAFF HAS WORKED EXTENSIVELY WITH THE APPLICANT TO ENSURE THAT THE OVERALL LEVEL OF QUALITY FOR THIS PROJECT, UH, IS ACTUALLY HEIGHTENED BY THE AMENDMENT REQUEST AND THEREFORE STAFF RECOMMENDS APPROVAL.

I BELIEVE THE, UH, APPLICANT WAS PLANNING TO BE HERE TONIGHT AND WHICH HOPEFULLY BE ABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

I DO HAVE TWO INDIVIDUALS THAT ARE SIGNED UP TO SPEAK.

I BELIEVE THEY'RE PROBABLY JUST, UM, I THINK THEY'RE PART OF THE ENGINEERING FIRM.

UM, I DON'T THINK THERE'S ANY PUBLIC THAT WAS SIGNED UP TO SPEAK OR ANYBODY.

SO FOR THE TWO THAT ARE ON ZOOM, IS THERE ANY ADDITIONAL COMMENTS, UM, THAT YOU'D LIKE TO MAKE? I HAVE A, A GREG CLUTTER AND A MARIA RAMIREZ.

GOOD EVENING, UH, COUNCIL MEMBERS, THIS IS GREG CLUTTER WITH MERITAGE HOMES.

I AM THE DEVELOPER OF THE, UH, SINGLE FAMILY LOTS.

UH, I WOULD LIKE TO EMPHASIZE THAT IN THE CURRENT DEVELOPMENT AGREEMENT, IT ALLOWS FOR UP TO 10% INCREASE IN SINGLE FAMILY LOTS.

UH, THE ORIGINAL LAND PLAN AND THE DEVELOPMENT AGREEMENT ACCOUNTS FOR 532 SINGLE FAMILY LOTS DUE TO THE MOVEMENT OF THE DETENTION BASIN.

UH, WE WERE ABLE TO, UH, INCREASE THE LOT YIELD TO 566, WHICH IS A 6% INCREASE.

SO THAT, UH, FALLS WITHIN THE, UH, 10%, UH, ALLOWANCE.

UH, THE, THE REASON FOR THE DETENTION BASINS, UH, MOVING TO THE NEW LOCATIONS, UH, WE DID EXTENSIVE ENGINEERING STUDIES AS WELL AS, UH, DRAINAGE, UH, IMPACT ANALYSES.

UH, THE CURRENT CONFIGURATION SHOWS THE DETENTION AT THE LOW POINT OF THE, UH, PROPERTY.

IT ALSO IS IN CLOSE PROXIMITY TO THE OUTFALLS, THE ULTIMATE OUTFALLS IN RIGHT OF WAY.

UH, WITH THE NEW, UH, DETENTION, UH, LOCATIONS, UH, BEING ON THE LOW SPOT, WE WERE ABLE TO REDUCE THE SIZE.

UH, REDUCING THE SIZE DID NOT REDUCE THE DETENTION CAPACITY.

UH, THE OLD LAND PLAN, UH, HAD OVERSIZED DETENTION BECAUSE THE, THE MATERIAL THAT WAS GONNA BE EXCAVATED OUT OF THE DETENTION WAS REQUIRED TO BE PLACED ON THE SINGLE FAMILY LOTS IN ORDER TO PROVIDE POSITIVE DRAINAGE INTO THOSE BASINS AND THEN ULTIMATELY OUTFALL INTO TEDO.

SO BY PLACING THEM ON THE NATURAL LOW SPOT, WE WERE ABLE TO REDUCE THE FOOTPRINT AND ULTIMATELY NET YIELD, UH, SINGLE FAMILY LOTS.

UH, AS UH, UM, PREVIOUSLY SAID, WE DID WORK EXTENSIVELY WITH CITY STAFF TO GO THROUGH THE LANDSCAPE REQUIREMENTS.

UH, ADDENDUM ONE, UH, IS MAINLY THERE TO SOLIDIFY THE LANDSCAPE AND HARDSCAPE CRITERIA.

UH, THE HARDSCAPE WILL INCLUDE TRAILS, FENCE LIGHTING, PARK BENCH, UH, TRASH RECEPTACLES AND DOG WASTE STATIONS.

UH, AND IT IS WRITTEN IN THAT ADDENDUM THAT THE LANDSCAPE PLANS WILL BE SUBMITTED AND APPROVED PRIOR TO ACCEPTANCE OF THE CIVIL INFRASTRUCTURE.

AND THEN ONCE THE CIVIL IN INFRASTRUCTURE IS COMPLETE AND, UH, LANDSCAPE, UH, CONTRACTORS HAVE BEEN, UH, SIGNED UP, THE LANDSCAPE AND HARDSCAPE CONSTRUCTION WILL FOLLOW, UH, AS EACH SUBSEQUENT PHASE.

AND I BELIEVE THE FIGURE, UH, ALL THE FIGURES IN THE NEW, UH, DEVELOPMENT OR IN THE ADDENDUM, UM, SHOW THE PHASING THAT WE PROPOSE FOR THIS DEVELOPMENT.

ANY, I WANNA ASK FOR I GUESS MS. RAMIREZ, ANY COMMENTS? OKAY, IF NOT, THEN, UH, WE HAVE HI, MS. MARIA WAS JONES AND CARTER.

I'M JUST HERE IF THERE'S ANY QUESTIONS FOR RELATED TO ENGINEERING.

I'LL ENTERTAIN A MOTION FOR ITEM SIX A AS PRESENTED.

ANY ENGINEERING QUESTIONS, COUNSEL? IF NOT, I'LL MOVE ON.

UH, CONSIDER ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY MUD DISTRICT NUMBER THREE.

[00:45:01]

MOTION TO APPROVE SIX A SECOND.

MOTION A SECOND.

ANY QUESTIONS, COMMENTS? IF NOT ALL THOSE IN FAVORS.

ITEM PRESENTED, PLEASE SAY AYE.

THOSE OPPOSED? OKAY.

WE'LL MOVE ON TO CONSENT.

THANK YOU FOR THE TWO THAT JOINED US BY ZOOM.

[7. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.]

WE HAVE ITEM SEVEN A THROUGH GI TO ENTERTAIN A MOTION FOR CONSENT.

ALL THOSE IN FAVOR? CONSENT AGENDA IS PRESENTED.

PLEASE SAY AYE.

SEAT SOME TIME TO MY COLLEAGUE, UH, SCOTT JOHNSON.

ALL THOSE OPPOSED MOVE ON TO MANAGEMENT REPORT.

YES, I

[a. The July Sunday Funday Pop Up Park will be held at Pelly Park.]

AND THEN I JUST HAVE A FEW ITEMS. JUST A QUICK THING.

UH, OUR UH, ZULA POPUP PARK IS SCHEDULED FOR PLY PARK.

WE HAVE DECIDED TO MOVE IT UP UP A WEEK TO THE 18TH.

UM, THE PARK IS, UM, KINDA WET RIGHT NOW.

MM-HMM .

SO, UH, WE NEED TO GIVE IT A LITTLE TIME TO DRY OUT.

SO WE HOPE TO SEE Y'ALL THERE.

IT'S GONNA GET WETTER TONIGHT.

HARDY, CONGRATULATIONS TO MARSHALL WILLIAM PALMER.

ALRIGHT, SIR.

WELL, MAYOR AND COUNSEL, A BIG SHOUT OUT TO OFFICERS KEVIN DAVIS, JESSICA CERVANTES, GUADALUPE GONZALEZ, CRAIG GREEN, AND THE SPECIAL OPS TEAM.

THEY ASSISTED THE SAN ANGELO PD AND APPREHENDING A FLEE MURDER SUSPECT, SAN ANGELO'S.

UH, DETECTIVE KEITH LANE STATED QUOTE, WERE IT NOT FOR THESE GREAT OFFICERS, MY SUBJECT WOULD STILL BE IN THE WIND AND A LIKELY THREAT TO THOSE AROUND HIM.

THANKS TO ALL THE OFFICERS FOR SHOWING UP OUR CORE VALUE OF COLLABORATION.

SHAKE HIS HAND, I THINK HE'S JUST RIGHT OUT THERE.

UH, HE BROUGHT HOME THE GOLD AT THE RECENT TEXAS POLICE ATHLETIC FEDERATION GAMES.

HE WAS THE SOLE BAYTOWN REPRESENTATIVE AND WENT FIRST IN WRESTLING USING BRAZILIAN JUUJITSU.

MATT JOHNSON, UH, PUBLIC WORKS IN ENGINEERING ACHIEVED THE HIGH SCORE ON THE RECENT CERTIFIED FLOODPLAIN MANAGER EXAM ON JUNE 15TH.

HE IS NOW A BONAFIDE CFM, SO CONGRATULATE HIM WHEN YOU SEE HIM.

UH, BART ADAMS OF SOFTBALL, TEXAS STYLE RECOGNIZED LAUREN SIPPEL AND HER STAFF FROM RECREATION.

MR. ADAMS STATED THAT IT HAD BEEN A WHILE SINCE HE HAD HOSTED A GROUP OR A TOURNAMENT IN BAYTOWN AND TOLD LAUREN, YOU HAVE DONE A WONDERFUL JOB IN THE TIME YOU'VE BEEN THERE IN BAYTOWN, BOTH WITH THE FIELDS AND THE ATTITUDES OF THE STAFF.

SO WE EXPRESS APPRECIATION OF LAUREN ALSO.

CONGRATULATIONS GO TO OFFICERS MARSHALL PIG AND CODY DOTSON FOR ACHIEVING THEIR IN INTERMEDIATE PEACE OFFICERS CERTIFICATION, BOTH EFFECTIVE JUNE 20TH.

AND FINALLY, A BIG SHOUT OUT TO TONY GRAY AND SEAN COCHRANE OF HEALTH, WHO HAVE DEVELOPED A GREAT COLLABORATION WITH THE FAITH FAMILY CHURCH, WITH THE SUPPORT OF SEAN AND HIS TEAM.

THE CHURCH PLANS TO CLEAN AND CLEAR THE 1 46 FEETER AT MISSOURI, 1 46 FEETER NORTH AND SOUTH FROM ALEXANDER DE GARTH AND BAKER MEDIANS FROM THREE 30 TO QUAIL HOLLOW.

AND FINALLY THE GOOSE CREEK TRAIL FROM WEST MAIN ALL THE WAY TO THE BAYLEN MARINA.

THAT IS A TREMENDOUS AMOUNT OF, OF CLEANING AND SPRUCING UP AND WE'RE APPRECIATIVE OF THEM THINKING OUTSIDE THE BOX AND FORGING THOSE COLLABORATIVE PARTNERSHIPS, UH, IN OUR COMMUNITY.

AND WITH THAT MAYOR AND COUNCIL, THAT IS ALL I HAVE.

WELL, SOUNDS LIKE, SEEMS LIKE THERE'S A GOOD FOUNDATION ANYTIME WE CAN WORK WITH EITHER SERVICE ORGANIZATIONS OR LOCAL CHURCHES AND AND REALLY INTEGRATE THOSE ACTIVITIES WITH WITHIN GOVERNMENT, I THINK, UH, WE'RE ONTO SOMETHING THERE.

AND CONVENE AN EXECUTIVE SESSION PURSUANT TO SECTION 5 5 1 0.074 OF THE TEXAS GOVERNMENT CODE TO DELIBERATE THE ANNUAL PERFORMANCE EVALUATION OF THE CITY MANAGER.

ALRIGHT, WE'LL MOVE ON TO, UH, WE'LL NOW RECESS INTO

[a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the City Manager.]

UH, IT IS SEVEN 19.

SO, AND I'LL RECONVENE OUR OPEN MEETING OF THE BAYTOWN CITY COUNCIL AND ANNOUNCE THAT IN ACCORDANCE WITH SECTION 5 51 0.102 OF THE TEXAS GOVERNMENT CODE, NO ACTION WAS TAKEN IN EXECUTIVE SESSION.

WE'LL MOVE ON TO ITEM

[b. Discuss and take appropriate action regarding the City Manager's annual performance evaluation.]

B OF THIS AGENDA ITEM.

UH, COUNCILMAN UH, PRESLEY, DO YOU HAVE A MOTION FOR, UH, COUNSEL? YES, SIR, I DO.

AND WE, WE'VE DISCUSSED WITH THE CITY MANAGER THAT WE WOULD LIKE TO, UH, CONTINUE SOME DISCUSSIONS ON CERTAIN ASPECTS OF THE CONTRACT IN THE NEAR FUTURE.

AND OVERALL, WE ARE, AS A WHOLE, VERY PLEASED WITH THE PERFORMANCE.

AND I MOVE THAT THE CITY MANAGER'S CONTRACT BE EXTENDED FOR AN ADDITIONAL YEAR BEYOND THE CURRENT TERM, WHICH EXPIRES IN 2022 AND THAT THE CITY MANAGER RECEIVE A 3% INCREASE IN BASE SALARY.

WE HAVE A MOTION ON TABLE.

WE HAVE A SECOND, SECOND, SECOND.

I EVERYBODY PICK ONE.

PICK ONE.

WE HAVE A MOTION TO SECOND ALL THOSE UNLESS THERE'S ANY

[00:50:01]

QUESTIONS OR COMMENTS.

ALL THOSE IN FAVOR OF THE MOTION IS PRESENTED, PLEASE SAY AYE.