1 00:00:15,520 --> 00:00:29,980 Thank you for bringing us together tonight and for the opportunity to serve our community. Thank you for the many ways that you continue to bless us all and for the resources and opportunities that you provide the support, the great progress in the minute. 2 00:00:29,980 --> 00:00:31,800 that we're watching and fold in our city. 3 00:00:32,920 --> 00:00:35,280 Father, as we consider the items before us tonight, 4 00:00:35,700 --> 00:00:37,320 we ask that you guide our thoughts. 5 00:00:37,960 --> 00:00:40,180 Please give us the wisdom and discernment 6 00:00:40,180 --> 00:00:42,940 that we need to make the decisions that are best for our city 7 00:00:42,940 --> 00:00:44,340 and for our residents. 8 00:00:45,100 --> 00:00:48,260 Help us to listen with an open mind and to act with integrity, 9 00:00:48,680 --> 00:00:50,560 fairness, and in good stewardship. 10 00:00:51,920 --> 00:00:53,740 Father, we ask for your continued blessings 11 00:00:53,740 --> 00:00:56,540 and protection for our city, our staff, 12 00:00:56,540 --> 00:01:02,000 our first responders for our schools or churches and all those who work each 13 00:01:02,000 --> 00:01:06,160 day to make our communities such a great place to live and work. We ask these 14 00:01:06,160 --> 00:01:07,760 things in Jesus' name. Amen. 15 00:01:29,610 --> 00:01:32,290 one state under the one and the other. 16 00:01:37,660 --> 00:01:39,150 We don't understand this. 17 00:01:41,980 --> 00:01:45,090 The city of Bay City from our economic growth and investment 18 00:01:45,090 --> 00:01:47,570 quality of life initiatives through collaboration. 19 00:01:48,130 --> 00:01:50,810 We respond promptly and professionally to residents and 20 00:01:50,810 --> 00:01:54,170 service and strive to deliver superior municipal services. 21 00:01:54,850 --> 00:01:55,330 Thank you. 22 00:01:56,420 --> 00:01:57,910 Here a motion to approve the agenda. 23 00:01:58,810 --> 00:01:59,490 Make that motion. 24 00:02:21,170 --> 00:02:24,830 I will do a lot of acknowledgement at the next meeting on Tuesday, but I do want to 25 00:02:24,830 --> 00:02:29,370 say tech contractors from Tech Start does have you if you've seen there, they're here 26 00:02:29,370 --> 00:02:33,010 working actively, and I'll have more of an update for everyone at the next meeting. 27 00:02:34,750 --> 00:02:38,010 Okay. Any items or comments from the council members? 28 00:02:39,610 --> 00:02:45,250 Yeah, I just wanted to point out that if you haven't been by the convention center behind 29 00:02:45,250 --> 00:02:50,970 it, you'll see the aquatic center. You see dirt work moving. It's written and really moving. 30 00:02:51,090 --> 00:02:56,570 On dirt, they've got the permit to do the utility, so it's really moving ahead. 31 00:02:56,570 --> 00:03:05,290 so just be careful in that area. And then I'll go ahead and say the public safety building is also 32 00:03:05,290 --> 00:03:12,990 starting up and under way and construction going on there and thank you for moving the the 33 00:03:12,990 --> 00:03:17,270 defense back to allow people on the sidewalk. You're welcome. 34 00:03:20,670 --> 00:03:21,970 It's not all take credit. 35 00:03:24,670 --> 00:03:32,370 All right. Any other comments at this time? Okay. I just want to recognize the 36 00:03:32,370 --> 00:03:38,970 box department for such a truck that another successful event out there was 37 00:03:38,970 --> 00:03:43,690 hot but a lot of people came out a lot of good trucks. Kids love horns. They do. 38 00:03:43,810 --> 00:03:50,090 I put my hands on. There's a loud horn. Yeah. Yeah. But it was good. I 39 00:03:50,090 --> 00:03:53,890 I'm square to thank the public for coming out and supporting in the city. 40 00:03:56,090 --> 00:04:00,070 Moving on to consent agenda items for consideration and approval. 41 00:04:00,690 --> 00:04:05,830 Item one, special call of council meeting minutes of June 18th, 2026. 42 00:04:06,670 --> 00:04:12,090 Item two, special call of council meeting minutes of August 18th, 2026. 43 00:04:12,910 --> 00:04:19,810 Item three, council workshop meeting minutes of August 20th, 2026. 44 00:04:20,090 --> 00:04:25,370 And item four, regular council meeting minutes of August 25th, 2026. 45 00:04:26,010 --> 00:04:28,690 Need a motion to, for these consent agenda items. 46 00:04:29,170 --> 00:04:30,270 The motion to approve. 47 00:04:31,030 --> 00:04:34,910 We have a motion, we have a second, we have a motion, we have a second. 48 00:04:36,230 --> 00:04:40,150 Councilwoman Reardon, any other comments on these? 49 00:04:40,330 --> 00:04:41,050 All in favor say aye. 50 00:04:41,490 --> 00:04:41,750 Aye. 51 00:04:42,150 --> 00:04:42,610 Any opposed? 52 00:04:42,870 --> 00:04:44,430 Having none of motion carries. 53 00:04:45,430 --> 00:04:49,450 On to public hearings, item five, budget. 54 00:04:49,990 --> 00:04:55,150 Receive public comment on a base city committee developing a corporation proposed operating 55 00:04:55,150 --> 00:04:58,510 budget for a physical year, 2027, Scotty. 56 00:05:05,540 --> 00:05:05,820 Thank you. 57 00:05:05,920 --> 00:05:09,340 I just want to remind citizens that we have everything posted on our website. 58 00:05:09,860 --> 00:05:15,100 We also do have the CDC budget inside of our packet, and I can bring you all to the page. 59 00:05:15,100 --> 00:05:18,920 We do have our executive director Melanie Townsend here if anybody has any questions. 60 00:05:18,920 --> 00:05:20,040 The 61 00:05:22,630 --> 00:05:29,150 full budget is on page 16 of the packet, but is also then available online. 62 00:05:55,300 --> 00:06:00,400 Is there anyone in the audience who has a comment on the committee to develop a budget? 63 00:06:08,410 --> 00:06:09,530 No comments 64 00:06:15,640 --> 00:06:16,080 on that? 65 00:06:16,760 --> 00:06:17,380 Item 6. 66 00:06:18,340 --> 00:06:18,620 Budget. 67 00:06:18,820 --> 00:06:24,040 Receive public comment on a city of Bay City's proposed capital improvement program for 68 00:06:24,040 --> 00:06:26,220 physical year, 2021, Scotty. 69 00:06:26,220 --> 00:06:31,480 Again, to remind the public that we have everything posted on our city's website, you should 70 00:06:31,480 --> 00:06:35,080 be able to access that budget from the city's homepage and click on there and there's all 71 00:06:35,080 --> 00:06:36,280 the documents available. 72 00:06:38,080 --> 00:06:42,740 Our budget total with all funds, I've got your, well, let's just talk about your general 73 00:06:43,300 --> 00:06:45,520 fund was a little over 22 million. 74 00:07:00,380 --> 00:07:03,900 Is there anywhere else you can access it other than the city website? 75 00:07:03,900 --> 00:07:08,480 The City Secretary's Office has it available. Our BACD Public Library. 76 00:07:14,400 --> 00:07:15,880 That's a good question 77 00:07:15,880 --> 00:07:18,500 because we're required to have them followed at those different locations. 78 00:07:19,060 --> 00:07:22,740 So if anybody wants to see it, then we'll set it to the library at their leisure and sit 79 00:07:22,740 --> 00:07:24,420 down with a good book and rules it. 80 00:07:24,540 --> 00:07:28,320 And also Gina can pull off anything. Our finance office can pull any information on. 81 00:07:28,900 --> 00:07:33,260 Which we encourage people to do. Look at it and have any questions. 82 00:07:37,720 --> 00:07:41,780 there's no one in the audience who has any questions about the capital 83 00:07:41,780 --> 00:07:48,630 improvement plan move on to item seven budget receive public comment on 84 00:07:48,630 --> 00:07:52,650 city of Bay City's proposed budget for fiscal year 2,027 it's a 85 00:07:52,650 --> 00:07:52,850 credit. 86 00:07:59,690 --> 00:08:02,870 Our capital improvement program and our proposed budget all of these 87 00:08:02,870 --> 00:08:07,110 items are at the same place on our city's website and I think we do have some 88 00:08:07,110 --> 00:08:10,210 copies back here for anybody who wants to pick up anything we also have some 89 00:08:10,210 --> 00:08:15,790 PowerPoint. It's very easy rating from the workshop that we had and so I can 90 00:08:15,790 --> 00:08:18,450 believe Jennifer made a couple of copies back there for everyone to. 91 00:08:20,690 --> 00:08:21,370 And I agree 92 00:08:21,370 --> 00:08:26,170 with Blaine, we encourage citizens to take a look at that. It's available. We're 93 00:08:26,170 --> 00:08:29,570 transparent. Please go take a look at it. They'll have an opportunity. 94 00:08:31,950 --> 00:08:32,750 This is the 95 00:08:32,750 --> 00:08:38,490 only public hearing that we have. The adoption is on next Tuesday and they can still 96 00:08:38,490 --> 00:08:41,930 speak on that adoption meeting on that item. 97 00:08:42,130 --> 00:08:47,310 Let's make sure they understand to have opportunities to look at it and ask questions that you can 98 00:08:47,310 --> 00:08:51,750 always call City Hall and get some of your questions answered as well. 99 00:08:54,400 --> 00:08:57,160 Because we're reminding them there's a lot that goes into this. 100 00:08:57,240 --> 00:08:58,660 We've been meeting on this for how long? 101 00:08:59,740 --> 00:09:00,200 Since June. 102 00:09:00,620 --> 00:09:01,160 Since June. 103 00:09:02,300 --> 00:09:04,820 So this is the final product that you're going to see. 104 00:09:04,860 --> 00:09:07,620 Well, I actually saw a lot of the capital's strategic planning process back in February. 105 00:09:07,840 --> 00:09:08,000 Yes. 106 00:09:08,000 --> 00:09:11,920 Right. So it's a lot of information goes on there since about February. We start moving forward. 107 00:09:12,840 --> 00:09:17,060 So it's been a long process. Audit closes down and budget begins. It's just like a cycle. 108 00:09:19,930 --> 00:09:25,890 Okay, out of eight budget receive public comment on the City of Bay Cities proposed property 109 00:09:25,890 --> 00:09:29,290 add the alarm tax rate for fiscal year 2027. 110 00:09:30,770 --> 00:09:36,350 This is on page 20 of your packet. As a reminder, our proposed tax rate is 0.56193 111 00:09:36,350 --> 00:09:37,350 Over 112 00:09:40,040 --> 00:09:48,520 the past seven years, the tax rate is going from 0.6500 to 0.56193 or 9 cents down. 113 00:09:49,500 --> 00:09:56,380 This is a revenue increase to help pay for maintenance and operations capital and debt. 114 00:09:57,440 --> 00:10:00,800 And to maintain our minimum reserve requirements needed. 115 00:10:02,550 --> 00:10:07,550 We are very close to the closed, so you want to have at least your minimum reserve requirements 116 00:10:07,550 --> 00:10:08,150 on place. 117 00:10:10,620 --> 00:10:12,020 For natural disasters. 118 00:10:13,400 --> 00:10:17,480 Okay. Yeah, that information is available out there. 119 00:10:18,040 --> 00:10:19,760 If anybody wants to take a look at it. 120 00:10:20,060 --> 00:10:22,940 I would love to encourage everyone to also just take a look at 121 00:10:22,940 --> 00:10:25,660 that five-year capital plan. Year one is farm in place, 122 00:10:25,660 --> 00:10:28,460 but that five-year capital plan is out there, 123 00:10:28,760 --> 00:10:31,540 and it's just a plan that can change based on needs, 124 00:10:31,780 --> 00:10:34,740 but it is out there and it's got a lot of information in it 125 00:10:34,740 --> 00:10:37,960 on what the city's plans are. A lot of it is grant funded. 126 00:10:38,480 --> 00:10:43,960 So you can look at a lot of the information online or bake it up at the City Secretary's Office of the Library. 127 00:10:46,980 --> 00:10:49,420 That's basically a five-year rowing plan. 128 00:10:49,720 --> 00:10:50,080 That's the idea. 129 00:10:50,320 --> 00:10:50,540 Every year. 130 00:10:51,060 --> 00:10:54,440 But at least we're looking five years out and doing excessive planning. 131 00:10:57,520 --> 00:11:02,440 So citizens always have an opportunity to come to council meetings and have input. 132 00:11:02,660 --> 00:11:08,240 There's a public succession that people want to speak at and get the whole information that they need. 133 00:11:08,240 --> 00:11:09,140 Okay. 134 00:11:11,560 --> 00:11:16,460 That's it for public hearings. We will close public hearings and move on to regular 135 00:11:16,460 --> 00:11:23,280 items for discussion, consideration, and or approval. Item 9, budget discuss, consider 136 00:11:23,280 --> 00:11:31,000 and approve post-poning. The final budget vote for fiscal year 2027 until September 22, 137 00:11:32,080 --> 00:11:37,000 2026. There needs to be some sort of action after the after the public hearings and that's all 138 00:11:37,000 --> 00:11:41,840 All this is, we're just going to vote because it's time to vote until the September 22nd meeting. 139 00:11:42,340 --> 00:11:42,420 Okay. 140 00:11:43,860 --> 00:11:45,420 You see a approval on that. 141 00:11:45,740 --> 00:11:47,240 Oh, we should put it through. 142 00:11:48,320 --> 00:11:49,200 September 22nd. 143 00:11:49,520 --> 00:11:49,880 Second. 144 00:11:50,200 --> 00:11:50,420 Okay. 145 00:11:50,600 --> 00:11:51,180 We have a motion. 146 00:11:51,320 --> 00:11:51,960 We have a second. 147 00:11:52,100 --> 00:11:53,460 Any other discussion on item 8? 148 00:11:54,360 --> 00:11:55,520 All in favor say aye. 149 00:11:55,780 --> 00:11:55,940 Aye. 150 00:11:56,440 --> 00:11:56,900 Any opposed? 151 00:11:57,700 --> 00:11:58,860 Having done the motion carries. 152 00:12:03,120 --> 00:12:03,660 Item 10. 153 00:12:03,860 --> 00:12:04,260 Ordnance. 154 00:12:04,420 --> 00:12:09,000 Discuss, consider, and or approve an ordinance of the City of Council of the City of Bay City, 155 00:12:09,000 --> 00:12:15,540 Texas, amending chapter 98 subdivisions of the Code of Ordinance by adopting Article 156 00:12:15,540 --> 00:12:22,360 5, light and general commercial developments and Article 6, general industrial developments 157 00:12:22,560 --> 00:12:29,320 to provide for the regulation of commercial and industrial growth within Bay City, repealing 158 00:12:29,320 --> 00:12:35,240 all related ordinances or parts of ordinances and conflict therewith, providing for the severability 159 00:12:35,240 --> 00:12:39,380 City Clause providing for a publication and providing an effective date. 160 00:12:39,860 --> 00:12:40,840 Mr. Blinquist. 161 00:12:42,020 --> 00:12:45,840 Good evening mayor city council city manager city attorney. 162 00:12:46,640 --> 00:12:48,080 Glad to see everybody tonight. 163 00:12:48,980 --> 00:12:51,700 Scotty did you want to make any comments before I get started? 164 00:12:51,880 --> 00:12:52,840 I'll let you go on. 165 00:12:53,220 --> 00:13:02,080 But I do want to say the public works director and staff have worked on this a long time trying to bring in the best solutions for industrial development. 166 00:13:02,080 --> 00:13:11,860 and addressing his commercial well and out very outdated ordinance and so they brought over some best practices, and that's what he'll be discussing with you this evening. 167 00:13:12,720 --> 00:13:22,880 So as an introduction, as Bay City continues to grow, City staff receives requests for potential commercial and or industrial developments. 168 00:13:23,520 --> 00:13:30,860 Currently the only mechanism we have to guide any type of these, any of these types of developments is through our land use plan, 169 00:13:30,860 --> 00:13:34,420 which is part of the Vision Bay City 2040. 170 00:13:35,260 --> 00:13:39,960 As we reviewed our subdivision ordinance, which is chapter 98, 171 00:13:40,620 --> 00:13:45,660 it revealed the only thing we had in the ordinance was ordinance regulations, 172 00:13:45,800 --> 00:13:50,180 legal and multi-family to residential development. 173 00:13:50,500 --> 00:13:54,080 There was nothing there for commercial or industrial. 174 00:13:54,640 --> 00:14:00,480 So the purpose of this evening's agenda is to present the first draft 175 00:14:00,480 --> 00:14:10,700 After the revisions to chapter 98, which hopefully provides the language we're looking for and you're looking for to guide commercial and industrial development. 176 00:14:11,840 --> 00:14:24,600 The drafted ordinance is a compilation of ordinance language based on reviewing other commercial and industrial ordinances from other cities, municipalities similar to Bay City. 177 00:14:24,600 --> 00:14:33,440 At the end of the presentation, we intend to come back and ask you for guidance and direction for taking these revisions forward. 178 00:14:33,940 --> 00:14:40,080 You also have a latitude to approve and or postpone the adoption of the revisions as you desire. 179 00:14:41,140 --> 00:14:46,600 The update of chapter 98 supports the following strategic plan goals. 180 00:14:47,460 --> 00:14:51,440 Safety and community appearance, promoting community health and safety. 181 00:14:51,440 --> 00:14:56,720 infrastructure, it provides design standards and protects the community's 182 00:14:56,720 --> 00:14:59,980 infrastructure, planning and development streamlines, the- 183 00:15:00,000 --> 00:15:29,980 Development process and will facilitate the development of a future land use plan in operationally excellence, which is continually review an update of city ordinance. So as we develop the ordinance, we had a framework already in place under the single family and, and, and, and multi-family residential, which was three divisions generally. Division two was a design and development standards. And division three was construction and 184 00:15:29,980 --> 00:15:31,520 and material standards. 185 00:15:32,520 --> 00:15:42,560 So we wanted to stay within that framework as we worked forward quite a bit of the light 186 00:15:42,560 --> 00:15:49,160 and general commercial language that we developed actually came with the help of El Campo 187 00:15:50,980 --> 00:15:51,840 in their ordinance. 188 00:15:51,840 --> 00:15:56,460 So we adopted some of their language, but certainly wanted to make it fit what we're doing. 189 00:15:56,460 --> 00:16:14,340 So with that, I'm going to move into the Exhibit A of Chapter 98, and I've provided each one of you an outline, which cross references, not only each section, if you will, but also the page number within the exhibit. 190 00:16:14,600 --> 00:16:18,820 So hopefully that will make it easier for you to follow as we move forward. 191 00:16:19,940 --> 00:16:23,920 Just let me know when you're when you're in Exhibit A and 192 00:16:29,170 --> 00:16:36,590 the first place I'll ask you to go to is a page five, which is section 98-102. 193 00:16:36,850 --> 00:16:38,070 And that's fire protection. 194 00:16:38,850 --> 00:16:50,190 There's a couple things we had to dress up in single family and multi-family residential to be in compliance with our with our fire protection chapter, which is chapter 42. 195 00:16:50,190 --> 00:16:56,190 two and so that's what we've done in section 98102 just cleaned up some language there 196 00:16:56,190 --> 00:17:03,650 to bring us up to date if you will with the IFC 2021 codes. 197 00:17:04,810 --> 00:17:20,130 So again, if you go to chapter 13 under section 98-188 streets, so paragraph B, you have some 198 00:17:20,130 --> 00:17:27,550 language added there in blue which basically brings us in accordance with not 199 00:17:27,550 --> 00:17:34,520 only our land use plan but the language that's reflected in our charter and we 200 00:17:34,520 --> 00:17:42,600 did that in a couple places. Next change is on page 15 which is section 98 201 00:17:42,600 --> 00:17:50,620 194 fire protection again in blue the same change that you saw before and now 202 00:17:50,620 --> 00:17:59,660 will get into the meadow of what's new. Starting on page 17, Article 5, general commercial 203 00:17:59,660 --> 00:18:12,540 developments under generally on sections 98-224 and 225, we defined light and commercial 204 00:18:12,540 --> 00:18:17,300 developments. We had originally just started with general commercial, but we found that 205 00:18:17,300 --> 00:18:22,620 That didn't fit a lot of the kinds of development commercially we see within Bay City. 206 00:18:22,880 --> 00:18:30,220 So we went back in and added that light definition to make that fit better. 207 00:18:34,610 --> 00:18:46,810 Moving forward in blue sections on 18, basically page 18 through 22, you're going to see a lot 208 00:18:46,810 --> 00:18:52,450 of the same sections that you saw in the single and 209 00:18:52,450 --> 00:18:57,370 multi-family ordinance sections. 210 00:18:58,050 --> 00:19:03,510 The only difference is in section 98234, which is page 19, 211 00:19:04,370 --> 00:19:09,170 where we specifically focused on height and area regulations 212 00:19:09,170 --> 00:19:11,250 and building design and performance standards. 213 00:19:13,570 --> 00:19:21,550 You'll see under sub-paragraph 2, you have a maximum height of structure of 45 feet 214 00:19:21,550 --> 00:19:23,550 that basically equates to three stories. 215 00:19:24,970 --> 00:19:30,310 And then you've got a number of setbacks, and we spent quite a bit of time focusing 216 00:19:30,310 --> 00:19:36,770 on setbacks where you had commercial, and you'll see, and also you'll see in the future 217 00:19:36,770 --> 00:19:42,130 with industrial next to residential and so you'll see an increase in the setback number 218 00:19:42,130 --> 00:19:47,450 when you have those situations and you're also going to see a performance standard of constructing 219 00:19:47,450 --> 00:19:58,400 a minimum of a six foot either wood or a Mason type fence to create separation and then you've 220 00:19:58,400 --> 00:20:03,380 got some other I'm not going to read all the things but you've got some other other structural 221 00:20:03,380 --> 00:20:05,460 on site development standards that play in. 222 00:20:09,800 --> 00:20:11,940 And then I'll ask you, let's see here. 223 00:20:12,700 --> 00:20:18,500 Go to page 20, again, section 98, 238, 224 00:20:18,740 --> 00:20:24,040 the same acknowledgement of the chapter 42 225 00:20:24,040 --> 00:20:28,100 for fire protections. It's just consistency, if you will. 226 00:20:28,380 --> 00:20:31,120 The only difference you're going to see is when we get into industrial 227 00:20:31,120 --> 00:20:34,060 where we'll have some additional fire protection standards 228 00:20:34,060 --> 00:20:39,340 as a result of the kinds of things that are happening in an industrial development. 229 00:20:39,720 --> 00:20:41,580 And those are based on state requirements, correct? 230 00:20:44,980 --> 00:20:46,720 What is fire protection? 231 00:20:47,620 --> 00:20:48,180 Is there a question? 232 00:20:49,440 --> 00:20:49,540 Okay. 233 00:20:53,570 --> 00:21:00,150 And under Division 3, again, you have a lot of the same paragraphs that you see in single 234 00:21:00,150 --> 00:21:06,650 and faulty family, but we did add a section 98-248, which is lighting. 235 00:21:06,650 --> 00:21:17,470 and you're going to see a focus not only in commercial but in industrial for dark sky lighting and that that refers to outdoor illumination 236 00:21:17,470 --> 00:21:26,630 to direct light downward to the ground rather than scattering it upward or into the nice sky or onto neighboring properties. 237 00:21:27,570 --> 00:21:35,810 And as we work with developments we're really trying to emphasize that my experience over the years is some of our convenience stores 238 00:21:35,810 --> 00:21:40,570 have a huge light signature and so that's what we're trying to work around and 239 00:21:40,570 --> 00:21:45,930 work through. Do you have any plans about that? Pardon me? Do you often get 240 00:21:45,930 --> 00:21:51,650 complaints about that? Oh we haven't. Not so much. I think more of them come to 241 00:21:51,650 --> 00:21:56,290 City Hall than they do to us. Yeah. But we certainly talk about it as part of our 242 00:21:56,290 --> 00:22:03,010 pre-development meeting process. Right. Yeah. And then there's a figure that shows 243 00:22:03,010 --> 00:22:10,070 was the, the, the, they call it the Kona Direct Light. So with that, that's really everything 244 00:22:10,070 --> 00:22:16,570 on the commercial side. Now I'm going to spend some time in industrial and I don't intend 245 00:22:16,570 --> 00:22:22,310 to, to talk about every single section that's here listed or we'd be here quite a while. 246 00:22:22,830 --> 00:22:29,050 The ones I've highlighted in yellow are the ones that, that we want to focus on. And, and 247 00:22:29,050 --> 00:22:33,090 And then if there's another section that you have a question on, we'll certainly go back 248 00:22:33,090 --> 00:22:35,030 and can talk about it. 249 00:22:37,000 --> 00:22:45,400 So under generally, the focus here being, and we've had this discussion over the months 250 00:22:45,400 --> 00:22:51,600 as we've gone through this ordinance revision process, focusing on health, welfare, safety 251 00:22:51,600 --> 00:22:56,660 and quality of life as the goal for these ordinance revisions. 252 00:22:58,700 --> 00:23:10,220 So under Section 98253 you have a use classification and here we only focused on general industrial 253 00:23:10,220 --> 00:23:17,300 because until you get in, get a different kind of land use plan and if we end up going 254 00:23:17,800 --> 00:23:23,100 through and developing a zoning process then we can get a lot more specific with the different 255 00:23:23,100 --> 00:23:26,840 some kinds of general, with the different kinds of industrial classification. 256 00:23:27,600 --> 00:23:46,620 But we tried to just focus on the specific things that we thought were germane to the health and safety and welfare of our citizens and the general public as well as neighboring businesses around these industrial facilities that develop. 257 00:23:46,620 --> 00:23:55,180 And the first key area is 98-254, which is requiring a utility and grid impact analysis. 258 00:23:56,080 --> 00:24:04,320 And we're asking that no industrial development or major technological expansion be accepted 259 00:24:04,320 --> 00:24:06,660 without the review of the following things. 260 00:24:06,880 --> 00:24:12,540 Peak demand and load projection, that's the estimated total electrical load. 261 00:24:12,540 --> 00:24:24,400 You know, and we over the last few years, we've experienced some problems during some pretty key times with the electrical load and had rolling blackouts and so on and so forth. 262 00:24:24,720 --> 00:24:32,600 So what we're trying to do is make sure we know when we are allowing something to develop that we know what we're getting. 263 00:24:34,180 --> 00:24:40,420 A local grid capacity assessment, that's the evaluation of local substation and distribution 264 00:24:40,420 --> 00:24:47,120 transmission line capabilities, and we'll rely on our electric partners like ADP to help 265 00:24:47,120 --> 00:24:51,240 us review that, because we certainly don't have the expertise within house. 266 00:24:51,460 --> 00:24:57,100 So we're going to have third-party elements involved in these review processes in some 267 00:24:57,100 --> 00:24:57,460 case. 268 00:24:58,460 --> 00:25:05,800 What are consumption and waste water feasibility, again, and even now, as we talk to businesses, 269 00:25:06,380 --> 00:25:11,760 their first question is, do you have adequate water and do you have adequate soil to handle 270 00:25:11,760 --> 00:25:12,560 our capabilities? 271 00:25:12,740 --> 00:25:13,980 And we say, what is your capability? 272 00:25:14,300 --> 00:25:16,260 And so that's what this drives back to. 273 00:25:17,380 --> 00:25:23,860 How much water do you look to be using and how much waste water do you plan on putting back 274 00:25:23,860 --> 00:25:31,240 into the system and you're going to see another definition as we get into the other agenda 275 00:25:31,240 --> 00:25:36,920 item here a little later that puts a specific definition on discharge is coming from industrial 276 00:25:36,920 --> 00:25:38,760 facilities and I'll talk about that more. 277 00:25:40,980 --> 00:25:44,080 Emergency power and on-site generation, we want 278 00:25:44,080 --> 00:25:49,940 to know what kind of backup capabilities they have when we do lose power, which given hurricanes 279 00:25:49,940 --> 00:25:52,880 chains and ice storms can happen in any given moment. 280 00:25:54,000 --> 00:26:01,920 And lastly, curtailment and load the shedding plan on how the facility would rapidly reduce, 281 00:26:02,420 --> 00:26:06,460 or shed its electrical load during a problem time or an emergency event. 282 00:26:09,590 --> 00:26:16,710 The next part, and I'll just briefly mention this, in 98-255, 283 00:26:16,710 --> 00:26:36,790 There's a whole myriad of items that we're looking for in a development plan and during the application and it's things that we ask for whether it's residential or commercial or industrial anyway for the most part, but there are some specific things. 284 00:26:36,790 --> 00:26:44,410 One thing mentioned here is an application fee and again that will be handled as part 285 00:26:44,410 --> 00:26:47,070 of our appendix B, the tax rate and fee schedule. 286 00:26:47,830 --> 00:26:55,770 At the point in time the application is received from the applicant or the developer. 287 00:26:57,350 --> 00:27:02,470 And typically that will be based on the valuation of whatever is going on. 288 00:27:02,470 --> 00:27:03,350 I 289 00:27:08,310 --> 00:27:17,870 can ask you to flip your page over to the backside because items 2 through 6 really 290 00:27:17,870 --> 00:27:22,370 are the same kind of things that we ask for most developments now. 291 00:27:25,210 --> 00:27:34,990 Item 7, an access management plan and what we want to know as a city is where are you 292 00:27:34,990 --> 00:27:40,510 you're going to be entering and exiting the development and if you're on a state highway 293 00:27:40,510 --> 00:27:44,630 then of course the text that would be involved in that process too. 294 00:27:45,410 --> 00:27:53,570 And depending on the type of activity we're talking about a traffic impact study may be 295 00:27:53,570 --> 00:27:59,950 required as part of that development process and that'll be a case by case basis. 296 00:27:59,950 --> 00:28:00,990 We're 297 00:28:05,980 --> 00:28:14,200 looking, go to page 28, item paragraph 8 there, operational experience of the following. 298 00:28:14,840 --> 00:28:22,220 What we're looking for is for the applicant to describe whether it's a developer, equipment, 299 00:28:22,360 --> 00:28:26,360 manufacturing engineer, system operator, or whatever. 300 00:28:26,740 --> 00:28:32,060 What kind of experience is coming along with this development as it moves forward? 301 00:28:32,060 --> 00:28:41,540 and also is able to talk about what kind of incidents or issues they've had in the past with other 302 00:28:41,540 --> 00:28:43,500 installations of similar type. 303 00:28:48,130 --> 00:28:56,270 So go to page 30, section 98, 257, which is emergency response 304 00:28:56,270 --> 00:29:02,070 plan. As you see, I'm focusing here on the kinds of things that we are looking for as a community 305 00:29:02,070 --> 00:29:08,490 that we can protect, we know that the community's being protected because the 306 00:29:08,490 --> 00:29:12,890 development has the appropriate documentation and responses in place to be 307 00:29:12,890 --> 00:29:18,690 able to handle a situation. The first being the Emergency Response Plan, which 308 00:29:18,690 --> 00:29:25,510 we would be given to, you know, obviously the folks on site but also the fire 309 00:29:25,510 --> 00:29:30,870 department, the city, any mutual aid agencies, 310 00:29:31,670 --> 00:29:39,110 Madaguardal County emergency management, and I'm sure there's others that, you know, depending on the kind of development it is. 311 00:29:39,910 --> 00:29:48,030 So we want to know, and we want that plan to talk about procedures for safe shutdown, de-energizing isolation equipment and systems. 312 00:29:48,030 --> 00:29:54,890 We want procedures for protection and testing of smoke heat, gas, alarms, interlocks. 313 00:29:55,730 --> 00:29:59,070 We want procedures to follow in response to notifications. 314 00:30:00,000 --> 00:30:15,680 From either operators or their alarm systems of a potentially dangerous situation, and so on, it goes on down through 11 items. So it's pretty extensive, extensive, emergency response plan we're looking for. 315 00:30:18,830 --> 00:30:31,490 Page 31, section 98, 259, remote monitoring. We're asking for industrial sites to have redundant 24 seven monitoring systems. 316 00:30:31,490 --> 00:30:38,310 to detect and prevent a thermal runaway that's when the system overheats from whatever 317 00:30:38,310 --> 00:30:43,930 kind of manufacturing process they're running and could cause basically what we would 318 00:30:43,930 --> 00:30:48,850 be described as a thermal meltdown or you know catastrophic fire or whatever the case 319 00:30:48,850 --> 00:30:56,750 might be and so they'll have to have detectors in place, they have to have system alerts and 320 00:30:56,750 --> 00:31:07,170 And they have to have a secondary source of power as the critical things and also a plan showing the capability for providing temporary backup power of such thing happens. 321 00:31:13,720 --> 00:31:21,940 So the next paragraph 98262 on page 33 is the event response plan. 322 00:31:23,060 --> 00:31:29,640 And so if we have if the city has a response response to a situation, 323 00:31:30,340 --> 00:31:37,040 then the facility has to adhere to the following requirements, they need a technical expert 324 00:31:37,040 --> 00:31:46,000 with knowledge at the site. Within one hour, the city will be reimbursed for any cost 325 00:31:46,000 --> 00:31:53,300 incurred and any third party response requested by the city will be at the cost of the facility 326 00:31:53,300 --> 00:31:53,660 operate. 327 00:31:58,080 --> 00:32:06,960 This is something we if you go to page 34. Before you move on and this 328 00:32:06,960 --> 00:32:14,160 event response is it possible you we can have companies that come in train our 329 00:32:14,820 --> 00:32:19,100 first responders and some of these things so they're prepared for it. Well it 330 00:32:19,100 --> 00:32:26,800 means I mean you just went through an exercise you know a response exercise with the 331 00:32:27,700 --> 00:32:32,060 nuclear facility and you know I've been in places where we did that and that's 332 00:32:32,060 --> 00:32:36,200 pretty common practice. We don't have a lot of manufacturing here. I think a 333 00:32:36,200 --> 00:32:40,500 good example and maybe it's something we should start working on is with 334 00:32:40,500 --> 00:32:47,800 Teneris because we do need to know what we may have to deal with. 335 00:32:47,960 --> 00:32:52,500 They may call on us, yes. You need to ask for training in that. So I was in a 336 00:32:52,500 --> 00:32:59,120 situation in South Dakota where we had a pipeline company that was a national 337 00:32:59,120 --> 00:33:04,580 distributor had had had a fire and spills and we had to respond as a city and we 338 00:33:04,580 --> 00:33:05,440 didn't know what we were doing. 339 00:33:09,820 --> 00:33:14,040 So how would we follow up on that? We can just 340 00:33:14,040 --> 00:33:19,380 add it here. Yeah we'll we can add it in depending on how you all want to 341 00:33:19,380 --> 00:33:22,860 take action if we do it tonight or we do it next week we can add it in between 342 00:33:22,860 --> 00:33:27,840 we know them. And sometimes it may be embedded in summer here, but we can add it in some 343 00:33:27,840 --> 00:33:32,760 of their disasters or response plans. It'll have where we do training. We can do it in 344 00:33:32,760 --> 00:33:35,680 a couple places actually. Certainly should be in there. 345 00:33:41,860 --> 00:33:43,400 I'm just going to speak. Well, I'm 346 00:33:43,400 --> 00:33:45,060 just using them as an example. 347 00:33:48,400 --> 00:33:52,080 Things that are related to health and safety of our citizens 348 00:33:52,080 --> 00:33:55,440 can be enforced on our ETJ, okay? 349 00:33:56,120 --> 00:33:59,080 So if it's health and safety related, it's ETJ. 350 00:34:02,980 --> 00:34:06,840 Okay, the next area we want to talk about is page 34. 351 00:34:07,020 --> 00:34:10,260 It's section 98, there's 265, a decommissioning plan. 352 00:34:11,720 --> 00:34:14,740 So if facility, ceases operation, 353 00:34:15,060 --> 00:34:16,360 or is at the end of its life, 354 00:34:16,800 --> 00:34:20,640 it's life cycle, then the site has to be commissioned 355 00:34:21,200 --> 00:34:23,200 based on the following criteria. 356 00:34:23,700 --> 00:34:25,040 They need to notify the city. 357 00:34:25,040 --> 00:34:32,600 the fire chief, the fire marshal, and all above and ground features must be removed. 358 00:34:32,860 --> 00:34:39,460 The site shall be returned to its natural construction ground state, and all materials removed 359 00:34:39,460 --> 00:34:44,700 from the site will be disposed, reused, recycled in accordance with state and federal regulations, 360 00:34:45,460 --> 00:34:46,580 and so on. 361 00:34:51,470 --> 00:35:04,170 going to division three construction and materials H-36 I'll refer you in section 98-279 which is fire protection. 362 00:35:05,030 --> 00:35:14,570 Again, we want to be in accordance with chapter 42 but in addition we've added some other standards that are required as a result of safety. 363 00:35:14,570 --> 00:35:19,950 that also need to be considered as part of the end of the facility's 364 00:35:19,950 --> 00:35:20,450 development. 365 00:35:22,730 --> 00:35:29,290 Waste heat mitigation which is section 982-80 on page 37. We 366 00:35:29,290 --> 00:35:37,150 address that because we find waste heat is a byproduct of the production 367 00:35:37,150 --> 00:35:44,350 process or a facility that has a lot of computing capability. I would use Amazon as 368 00:35:44,350 --> 00:35:52,250 an example. And so they have some other measures that they have to take to address the excess 369 00:35:52,250 --> 00:36:00,250 heat because we don't want that heat signature extending beyond their property line. And it's 370 00:36:00,250 --> 00:36:01,710 measured at 4 feet above ground. 371 00:36:04,070 --> 00:36:09,010 The next item, next paragraph down, which is 98-281 deals with noise. 372 00:36:11,950 --> 00:36:19,590 We've placed a limit of maximum sound level of 60 decibels during the daytime and 55 decibels 373 00:36:19,590 --> 00:36:28,150 at night. And then they also had to comply with our chapter 38 article 5, Noise of Base City 374 00:36:28,150 --> 00:36:35,270 ordinances. As part of their development process, that need to sound modeling study will have to be 375 00:36:35,270 --> 00:36:46,310 It's just conducted demonstrating compliance with the maximum sound levels prepared by a licensed engineer, especially specializing in acoustics. 376 00:36:46,930 --> 00:37:00,910 The only time that wouldn't apply would be during demolition work on ability, a situation which arises from a sudden or an unreasonably foreseen event, or a generator testing between the hours of 9 and 4. 377 00:37:04,940 --> 00:37:11,920 Go to page 38, section 98, H-282, which is, again, I referenced lighting before. 378 00:37:12,120 --> 00:37:18,220 Here's the same in essence lighting standard, where we're really focused on dark skylight. 379 00:37:22,000 --> 00:37:30,160 The last section that I intend to talk about here is section 98, H-283, which is height 380 00:37:30,160 --> 00:37:38,740 area regulations. Here we have a minimum lap size of 10,890 square feet or 1 381 00:37:38,740 --> 00:37:46,460 quarter acre, a maximum height of 75 feet but the maximum amount of stories 382 00:37:46,460 --> 00:37:52,980 again is three stories so the difference in 45 to 75 could be a tower or 383 00:37:52,980 --> 00:38:14,180 or something else on a roof and we're asking for a setback requirement of 500 feet from the nearest property line of residential, residential zone property and 500 feet to the nearest property line of residential zone property outside of city limits. 384 00:38:16,700 --> 00:38:23,180 So, ground-mounted equipment will be prohibited from locating in the following areas between 385 00:38:23,180 --> 00:38:28,800 a building wall and a private or public street and within 500 feet of a residential planned 386 00:38:28,800 --> 00:38:31,020 or residential developed area. 387 00:38:32,240 --> 00:38:35,360 Front side here is rear yard setbacks. 388 00:38:35,840 --> 00:38:39,080 It's the greater of 50 feet or building collapse zone. 389 00:38:39,080 --> 00:38:44,580 So the building collapse zone is actually one and a half times the height of the building. 390 00:38:44,820 --> 00:38:52,380 So if you had a 75-foot structure, then the setback would have to be 113 feet if that makes sense. 391 00:38:53,180 --> 00:38:56,440 And again, the last thing is the development performance standards. 392 00:38:56,980 --> 00:39:02,380 Talks about a minimum of six foot solid-screened fence of wood and masonry construction. 393 00:39:03,360 --> 00:39:07,160 And odors are fumes created by industrial processes that must be contained. 394 00:39:07,160 --> 00:39:14,680 So no order to our sense or sense that the property line and with that I'll stop talking in the entertain any questions 395 00:39:14,680 --> 00:39:15,860 You might have I 396 00:39:18,770 --> 00:39:22,290 can I'd like to add one thing for y'all real quick by our thinking of your questions 397 00:39:22,290 --> 00:39:24,030 Just to make sure everybody's really 398 00:39:24,670 --> 00:39:29,130 Understands what a land use plan is so city does not have zoning 399 00:39:29,130 --> 00:39:37,750 But we have a old outdated land use plan from 2014 our comp plan will bring us forward into a new land use plan 400 00:39:37,750 --> 00:39:38,970 and it will be starting soon. 401 00:39:39,510 --> 00:39:41,910 But a land use plan he typed is permitting. 402 00:39:42,410 --> 00:39:46,810 Can God development, and where you want that development to go? 403 00:39:47,510 --> 00:39:50,830 So this is new that we haven't tied to our land use plan before, 404 00:39:51,070 --> 00:39:54,470 but this is what we should be doing is tying things like this. 405 00:39:54,610 --> 00:39:56,050 Like if you're having a big industrial, 406 00:39:56,330 --> 00:39:59,430 you want to got it to what areas of zone 407 00:39:59,430 --> 00:40:01,050 for industrial type development. 408 00:40:01,570 --> 00:40:04,610 Not so you use the word zone, but tied by the land use. 409 00:40:04,610 --> 00:40:06,570 That's where the typically- 410 00:40:06,570 --> 00:40:06,830 Perfect. 411 00:40:07,250 --> 00:40:08,150 Make sense. 412 00:40:08,470 --> 00:40:11,570 So you wouldn't put in areas of your city, or ETJ, 413 00:40:11,850 --> 00:40:14,410 where industrial development makes sense, 414 00:40:14,510 --> 00:40:16,550 where commercial development makes sense, 415 00:40:16,730 --> 00:40:19,690 where residential is make sense. 416 00:40:20,090 --> 00:40:22,170 And so that's why you tie it to your land use plan. 417 00:40:22,530 --> 00:40:25,070 So what happens when you're going to a land use plan workshop? 418 00:40:25,670 --> 00:40:27,350 They already have it, kind of out there, 419 00:40:27,350 --> 00:40:28,790 and you start looking at everything, 420 00:40:28,870 --> 00:40:30,990 and you kind of see where it lifts together. 421 00:40:31,130 --> 00:40:33,250 This is all I'm residential, this is multi-family. 422 00:40:33,250 --> 00:40:38,150 This is small business, this is commercial, and that's where your whole lane thing gets created. 423 00:40:38,370 --> 00:40:43,070 Then you can almost easily see, well, this area looks like we're mostly industrial development should go. 424 00:40:43,450 --> 00:40:45,470 And this area looks like where it looks like a lot of the commercial. 425 00:40:45,950 --> 00:40:49,010 So I just want to make it very clear if you've not looked at a land you smacked before. 426 00:40:49,970 --> 00:40:55,810 It's not zoning, but it guides development and you can tie your permitting to it. 427 00:40:57,130 --> 00:41:03,890 And again, a lot of the information or ETJ for enforcement type, it needs to be tied 428 00:41:03,890 --> 00:41:04,630 to health and safety. 429 00:41:04,670 --> 00:41:08,290 But we do have enforcement authority in our ETJ when it does look healthy and safe to 430 00:41:08,290 --> 00:41:08,990 correct me if I'm wrong. 431 00:41:10,090 --> 00:41:14,450 I'm going to just want to give you a little more information on that if you had questions 432 00:41:14,450 --> 00:41:14,950 on land use. 433 00:41:16,790 --> 00:41:23,410 So where, in that case, where we can enforce in the ETJ, how does that work? 434 00:41:23,410 --> 00:41:27,710 work because I'm assuming the county has that same capability, right? 435 00:41:28,050 --> 00:41:29,310 I defer to us. 436 00:41:29,590 --> 00:41:29,990 Oh, they do. 437 00:41:30,190 --> 00:41:30,370 OK. 438 00:41:31,230 --> 00:41:37,630 So there's not a crossover where we need to align policy or ordinance. 439 00:41:38,690 --> 00:41:38,970 OK. 440 00:41:40,250 --> 00:41:42,290 It stops at the ETJ. 441 00:41:43,330 --> 00:41:45,350 I mean, I still have floodplain administration. 442 00:41:46,990 --> 00:41:48,050 Those kind of things. 443 00:41:48,050 --> 00:41:51,650 But as far as those healthy and safety issues that defer to us. 444 00:41:51,970 --> 00:41:52,290 OK. 445 00:41:52,970 --> 00:41:53,950 in the U.T.J. 446 00:41:56,500 --> 00:42:02,040 I would like to thank Herb and his crew and the staff for being proactive on this, none of this is unusual. 447 00:42:02,580 --> 00:42:04,440 It's just that we've never really needed it before. 448 00:42:05,140 --> 00:42:08,460 And we're being proactive in having it because Bay City is growing. 449 00:42:09,120 --> 00:42:13,120 And we need to perfect, like you said, to help them welfare our citizens and quality of life. 450 00:42:13,440 --> 00:42:14,780 And this does exactly that. 451 00:42:16,880 --> 00:42:17,760 Thank you. 452 00:42:18,040 --> 00:42:21,500 And you really needed the industrial component as a general component. 453 00:42:21,500 --> 00:42:28,140 If you start specifically naming in does types of industrial then you're back in yourself into a a 454 00:42:28,140 --> 00:42:32,960 Corner up with only for this type of industrial. You need to have a release for right now in general 455 00:42:32,960 --> 00:42:37,740 Because you never know what's in the pipeline. This gives you a checklist if you will to to follow to 456 00:42:38,720 --> 00:42:40,680 So this would be something that we would 457 00:42:41,400 --> 00:42:42,240 Hand a 458 00:42:42,820 --> 00:42:43,300 Prospect 459 00:42:43,300 --> 00:42:49,300 Basically and say okay here's well as we talk to honestly as as we talk to prospects right now 460 00:42:49,300 --> 00:42:54,060 we're talking to them about a lot of these kind of components even without the language in place 461 00:42:55,100 --> 00:43:00,560 because it's the right thing to do. Yeah, and most of them are already going to comply. 462 00:43:01,140 --> 00:43:03,980 Well, and if they're coming from another area, they're used to it anyway. 463 00:43:05,880 --> 00:43:09,880 So you're going to see the state impact this in the next session as well. 464 00:43:10,500 --> 00:43:15,580 We'll be watching for that. Some of these things we're putting in place. We expect to make it 465 00:43:19,620 --> 00:43:26,260 Yeah, I realize a lot of work went into this and I know we can always adjust it. Should we need to in the future and so forth? 466 00:43:26,380 --> 00:43:29,100 But what's the effective date that we're shooting for? 467 00:43:29,340 --> 00:43:34,640 It's not one like we did with the animal and pound or animal that we're just yesterday. 468 00:43:35,200 --> 00:43:39,660 Perfect. I mean, we've been talking about this for six months. 469 00:43:39,780 --> 00:43:45,260 Yeah, yeah. And again, we can always make an adjustment if we need to as we get into it. 470 00:43:45,260 --> 00:43:49,980 things that are already there or grandfathered anyway so yeah it was one of my 471 00:43:49,980 --> 00:43:55,580 questions thinking of like Alistair Cornett doing the development there or 472 00:43:55,580 --> 00:43:59,580 not development re-development of that building and then the old Alice in 473 00:43:59,580 --> 00:44:03,020 Distributorship that there's economic development coming in how does this 474 00:44:03,020 --> 00:44:07,800 impact those that have already submitted plans are already well on the way 475 00:44:07,800 --> 00:44:15,240 does it are we been having do they have to change their approach is that I don't 476 00:44:15,240 --> 00:44:16,000 You can follow my question. 477 00:44:16,020 --> 00:44:16,680 Down the folly. 478 00:44:17,260 --> 00:44:20,980 Well, like, for the one downtown that's already a commercial, 479 00:44:21,630 --> 00:44:22,940 yeah, top building and I don't know 480 00:44:22,940 --> 00:44:24,620 that anything of this would affect. 481 00:44:24,800 --> 00:44:26,060 That's why we wrote the language 482 00:44:26,060 --> 00:44:27,860 for commercial the way we did it. 483 00:44:28,080 --> 00:44:30,360 We left a commercial a lot more open 484 00:44:30,360 --> 00:44:33,480 than industrial for two reasons. 485 00:44:33,680 --> 00:44:37,320 One, the smaller developments, 486 00:44:37,320 --> 00:44:40,700 you just need some language to protect anything 487 00:44:40,700 --> 00:44:41,960 that's next to residential. 488 00:44:43,140 --> 00:44:54,860 And if it's a national chain, they're already bringing in design standards that they're used to and they're just looking for what their development needs to look like in your community. 489 00:44:55,900 --> 00:44:57,260 I just want to make sure that we're not. 490 00:44:59,130 --> 00:44:59,770 I recognize. 491 00:45:00,000 --> 00:45:29,420 I think it's the right thing for us to do. This councilman falsetto, we can always amend it. If we see something that is not working, we wouldn't think. But if we've already given somebody as a state of approval, proceed before we're not going to go back. Right, right. We won't go back and change. That would be a taking. I mean, we've, we've, we've tried to think through in the last six months, you know, the kinds of things we're asking new applicants to do anyway. I mean, 492 00:45:29,420 --> 00:45:33,400 I mean, if they're in the downtown area, there's a number of things that they already 493 00:45:33,400 --> 00:45:37,920 have to comply with that pretty much takes care of the ordinance anyway. 494 00:45:38,180 --> 00:45:46,800 I mean, another question that had on the decommissioning, I like that idea, my first thought 495 00:45:46,800 --> 00:45:53,140 was a battery storage facility, whenever they have a certain lifespan, the grade that allows 496 00:45:53,140 --> 00:45:58,940 the city's of teeth to require cleanup of that but then I also start thinking of 497 00:45:58,940 --> 00:46:06,560 some of our other buildings and facilities that were once highly used in this 498 00:46:06,560 --> 00:46:10,760 community given our economy of what it used to be that are now essentially vacant 499 00:46:10,760 --> 00:46:17,440 abandoned in derelict is that give us teeth to give that owner and say you are not 500 00:46:17,440 --> 00:46:20,660 in compliance with these standards we already got that with 501 00:46:20,660 --> 00:46:25,280 substandard structures yeah and that's in the decommissioning is an 502 00:46:25,280 --> 00:46:29,080 industrial yeah I'm sorry about industrial okay so if they are in 503 00:46:29,080 --> 00:46:34,280 industrial I think it probably would give us it's testy because the 504 00:46:34,280 --> 00:46:37,440 grandfather clause right yeah but we can still deal with it as 505 00:46:37,440 --> 00:46:42,460 substandard structure I mean for sure that so that's you know we're dealing 506 00:46:42,460 --> 00:46:47,080 with that right now down the street, extensively. 507 00:46:49,040 --> 00:46:50,600 Well, thank you for all the work 508 00:46:50,600 --> 00:46:52,280 that all of you put in on this 509 00:46:52,280 --> 00:46:55,500 and the many conversations that we've all had. 510 00:46:57,180 --> 00:47:00,800 I know it's important and it's not fun for any of you 511 00:47:00,800 --> 00:47:01,760 to work on. 512 00:47:01,920 --> 00:47:04,980 So thank you for going so deeply into this 513 00:47:04,980 --> 00:47:07,200 to find a good starting place for us. 514 00:47:07,680 --> 00:47:10,060 It was a good learning experience, I'm sure. 515 00:47:14,060 --> 00:47:17,500 I think it's huge for our community, it really is. 516 00:47:17,660 --> 00:47:25,140 Well, and, you know, we kind of started in one place and ended up in another, and it worked out so much better. 517 00:47:25,720 --> 00:47:27,840 You know, it really makes sense in your code now. 518 00:47:27,980 --> 00:47:33,160 You have the chapter 98 that deals with residential, multi-family, commercial, industrial. 519 00:47:33,500 --> 00:47:35,120 Makes complete sense. 520 00:47:35,120 --> 00:47:46,180 hide into the land use plan, and each section deals with specific things related to commercial or industrial. 521 00:47:47,360 --> 00:47:51,260 And that's not the way it started, but it became obvious to Herb. 522 00:47:51,540 --> 00:47:53,200 Like, we don't have anything... 523 00:47:53,820 --> 00:47:54,680 Yeah, we can't do anything. 524 00:47:55,780 --> 00:47:57,620 We don't have anything for commercial. 525 00:47:57,720 --> 00:47:59,200 We're just doing industrial. 526 00:47:59,480 --> 00:48:01,440 You can't ask me to stop something that's not there. 527 00:48:01,440 --> 00:48:09,600 So it really hard and crystal and I think it's all safe to say that none of this wants 528 00:48:09,600 --> 00:48:17,040 a stifle investment in Bay City so it does become something in here that is a barrier 529 00:48:17,040 --> 00:48:22,380 or problem for potential investor I hope it is quickly brought back to Council for this 530 00:48:22,380 --> 00:48:27,740 Council or future Councils to consider of well I use the rule of thumb if you can enforce 531 00:48:30,020 --> 00:48:32,840 So I've got a lot of flock over some comments about that too. 532 00:48:33,200 --> 00:48:34,660 That would be my way of concern. 533 00:48:34,880 --> 00:48:39,500 It's just making it harder for the businesses to come. 534 00:48:40,520 --> 00:48:46,760 And doing more than as long as you have the protections in place and you do. 535 00:48:47,180 --> 00:48:50,180 I feel like sometimes it gets a little, um, 536 00:48:51,520 --> 00:48:53,500 how we get more in the way sometimes. 537 00:48:53,780 --> 00:48:55,360 But this does look good. 538 00:48:55,360 --> 00:48:57,100 but this is a proactive measure 539 00:48:57,100 --> 00:48:58,820 and I think that it does sound good. 540 00:49:00,440 --> 00:49:02,300 Yeah, there's nothing in this. 541 00:49:02,740 --> 00:49:04,860 You know, I know there's been pushback 542 00:49:05,380 --> 00:49:09,980 on some things or things people have to do 543 00:49:09,980 --> 00:49:12,400 to develop all the properties to redevelop. 544 00:49:13,080 --> 00:49:14,080 It's a challenge. 545 00:49:14,080 --> 00:49:14,940 It's a challenge. 546 00:49:15,400 --> 00:49:15,720 It is. 547 00:49:15,920 --> 00:49:18,200 But you know, a lot of that is state law. 548 00:49:18,500 --> 00:49:20,180 It's not even city. 549 00:49:20,940 --> 00:49:23,480 I mean, the city, yes, they're going through the department. 550 00:49:23,480 --> 00:49:25,020 The public works department. 551 00:49:25,020 --> 00:49:33,580 but it's state law that's required for instance asbestos, remediation asbestos, all that is state law, 552 00:49:33,760 --> 00:49:39,480 that's that's nothing the city can control. We can't turn a blind eye to the state law. 553 00:49:40,480 --> 00:49:47,260 Right. Right. And the laws are becoming more stringent. I mean the more we build, the more we grow, 554 00:49:47,520 --> 00:49:53,080 we find things that we didn't have in place before that the state puts in place for protection for 555 00:49:53,080 --> 00:50:00,220 citizens of the state. It's just part of the growth process, but you know we what do we always say 556 00:50:00,220 --> 00:50:05,900 here we always try to get the yes that's the first thing we don't say no so somebody comes in 557 00:50:05,900 --> 00:50:11,560 our goal is to get the yes and if we have to sit down with this procedure within a potential 558 00:50:11,560 --> 00:50:17,780 investor and figure out how we get there that's what we do. Well not in all cases but that's the 559 00:50:17,780 --> 00:50:22,720 first thing that we try. And in not in all cases with every single section in 560 00:50:22,720 --> 00:50:28,660 this ordinance applied depending on the the development. This is a general 561 00:50:28,660 --> 00:50:32,400 overview. It covers a lot of things. There's some details that could be added 562 00:50:32,400 --> 00:50:37,100 if it is and we'll get there. This is an excellent start. I agree. 563 00:50:39,000 --> 00:50:43,440 It's setbacks with the hardest trying to figure out where's the setbacks and 564 00:50:43,440 --> 00:50:48,660 so we'll be feeling that out as these we approach in planning and development. 565 00:50:49,360 --> 00:50:52,380 Yeah, but you can look at some setbacks and say, man, why did they do that? 566 00:50:54,100 --> 00:50:56,100 Or why isn't, why isn't it further? 567 00:50:56,740 --> 00:50:57,900 Yeah, that's what I mean. 568 00:50:58,280 --> 00:51:02,740 So they reviewed a lot of different ordinances. 569 00:51:06,190 --> 00:51:12,730 So at this point in time, we'd ask direction, whether you approve it tonight or you approve 570 00:51:12,730 --> 00:51:18,470 it on the 22nd staff recommends approval with whatever modification you decide you need we need. 571 00:51:18,790 --> 00:51:25,010 Well just with the one comment that the mayor made earlier, can you refresh me on that? 572 00:51:25,370 --> 00:51:31,030 Training of the first responders for depending on what type of business it is and it's not unusual. 573 00:51:31,490 --> 00:51:36,150 It happens with our industrial partners that we have in the county I see it all the time so like I 574 00:51:36,150 --> 00:51:41,410 said this is not unusual. It just never affected inside the city of Basin before. 575 00:51:42,010 --> 00:52:00,430 And my only other thought was we do have a four-story building in town, so it grandfathered, but the 75-foot also kind of fits it nicely, so with that I'd like to make the motion to approve it with the potential 576 00:52:00,430 --> 00:52:05,990 amendments that Mary's mentioned. Okay, you have a motion on table. Do we have a second? 577 00:52:06,490 --> 00:52:12,830 A second. Okay, we have a second. Any other discussion on this item? 578 00:52:13,590 --> 00:52:16,690 Yes, sir. Do we understand where those changes need to be made? 579 00:52:17,790 --> 00:52:21,250 Or is that just a comment? It was under fire. 580 00:52:21,870 --> 00:52:29,410 It was event response in the emergency response plan. 581 00:52:36,570 --> 00:52:41,410 And I just need to get it in the right spot, so we have that flow to change the flow. 582 00:52:43,340 --> 00:52:46,300 I've just a quick question before we move forward. 583 00:52:46,840 --> 00:52:56,800 So we talked about the section specifically around the setbacks and continuing to learn about that and understand those further. 584 00:52:56,800 --> 00:53:08,960 So these have specific yard or footage in a named 500 feet or 50 feet, 75 feet, that sort of thing. 585 00:53:09,260 --> 00:53:15,620 So if that was standard language that was adopted by a number of other communities. 586 00:53:15,960 --> 00:53:17,540 Yeah, which is great, which is great. 587 00:53:17,640 --> 00:53:21,520 But if we find we learn something, there's a case study out there that pops up. 588 00:53:21,580 --> 00:53:23,080 That's just an amendment down the road. 589 00:53:23,680 --> 00:53:23,780 Right. 590 00:53:24,180 --> 00:53:24,500 It's not. 591 00:53:24,500 --> 00:53:37,520 Yeah, we're going to bring some other changes to chapter 98 in drainage back that we've found out as a result of working with drainage district that we need to do so you'll see us bring these back and forth. 592 00:53:38,960 --> 00:53:39,780 Quite often. 593 00:53:40,000 --> 00:53:41,940 Okay, I just want to understand that. 594 00:53:43,920 --> 00:53:44,880 Thank you. 595 00:53:44,880 --> 00:53:47,980 So we have a motion. We have a second any other discussion 596 00:53:47,980 --> 00:53:55,740 You want a favor say hi? Hi any opposed having none emotion carries. Oh 597 00:53:56,480 --> 00:54:03,400 Thank you again. Yes, thank you very good word Mayor Nelson. Hi 598 00:54:04,000 --> 00:54:06,580 Mayor Fred Tempindley. Hi. Hi 599 00:54:07,120 --> 00:54:09,040 Councilman McCray. All right 600 00:54:09,040 --> 00:54:10,640 Councilman false. All right 601 00:54:10,640 --> 00:54:12,280 Councilman Westmoreland. Hi 602 00:54:12,940 --> 00:54:13,980 Councilwoman Rear them. 603 00:54:14,480 --> 00:54:14,580 Aye. 604 00:54:19,910 --> 00:54:20,470 Okay. 605 00:54:20,630 --> 00:54:21,210 Item 11. 606 00:54:22,650 --> 00:54:23,210 Ordnance. 607 00:54:23,310 --> 00:54:27,410 Discuss, consider, and or approve an ordinance of the City Council of the City of 608 00:54:27,410 --> 00:54:33,350 Bay City, Texas, amending chapter 114 utilities of the Code of Ordnance, 5th 609 00:54:33,350 --> 00:54:40,090 Office in Section 114-74, industrial facilities to provide for the regulation of cooling system 610 00:54:40,090 --> 00:55:01,710 and requirements and Section 114-155 prohibit discharges by adding regulatory requirements for industrial facility discharges, repealing all related ordinances or parts of ordinances and conflict therewith, providing for the severability clause, providing for publication and providing for an effective date. 611 00:55:02,450 --> 00:55:09,410 Okay, so as really as a continuation of talking about chapter 98, but these two changes that 612 00:55:09,410 --> 00:55:17,490 I'm going to talk to you about, really directly impact the industrial facilities piece of our 613 00:55:18,330 --> 00:55:23,990 ordinance. So you have two key issues with industrial facilities, which are water consumption 614 00:55:23,990 --> 00:55:30,910 and wastewater disposal associated with industrial processes. What we've done tonight are 615 00:55:30,910 --> 00:55:37,150 here is to provide a regulatory framework for limiting water consumption by providing regulatory 616 00:55:37,150 --> 00:55:42,650 requirements on cooling systems and by adding regulatory requirements to industrial facility 617 00:55:42,650 --> 00:55:47,350 waste discharges again with the primary goal of protecting health well-clear and safety 618 00:55:47,350 --> 00:55:48,310 of the city residents. 619 00:55:49,250 --> 00:55:58,070 So I'll get once again ask you to go into your exhibit A for chapter 114 and the first 620 00:55:58,070 --> 00:56:10,800 change is on page 16 section 114-74 and this one's a lot quicker because there's 621 00:56:10,800 --> 00:56:11,560 only two of them. 622 00:56:14,000 --> 00:56:17,820 So you have cooling system requirements and so all 623 00:56:17,820 --> 00:56:21,780 industrial facility with cooling system requirements shall employ closed 624 00:56:21,780 --> 00:56:26,700 loop cooling systems or similar cooling technology which minimizes water use 625 00:56:26,700 --> 00:56:41,980 and eliminates the need for continuous withdrawal from the city's public water supply, and this is for heat rejection, or heat reduction for those kinds of processes that would generate excess heat needs some sort of cool and capacity. 626 00:56:41,980 --> 00:56:42,980 The 627 00:56:46,240 --> 00:57:01,560 next section, go to page 19, under prohibited discharge, a paragraph B. And again, industrial 628 00:57:01,560 --> 00:57:06,920 discharges shall be considered prohibited discharges and must be handled in accordance with 629 00:57:06,920 --> 00:57:12,900 the significant industrial user guidelines as specified by the Texas Commission of Environmental 630 00:57:12,900 --> 00:57:23,160 And there's some very specific requirements that have to be met before wastewater can be released into the to the city's wastewater system. 631 00:57:23,880 --> 00:57:26,740 This will be sure to be compliant with. 632 00:57:27,900 --> 00:57:34,840 But it's not addressed in our ordinance so we are we are indirectly because you know, we have. 633 00:57:34,840 --> 00:57:41,600 of we want to keep ourselves in good standing with TCEQ. 634 00:57:41,820 --> 00:57:43,160 We don't want them in our backyard. 635 00:57:44,700 --> 00:57:47,020 But again, that is our requirements. 636 00:57:47,920 --> 00:57:50,800 And we have to monitor industrial facilities. 637 00:57:51,560 --> 00:57:53,700 And they have to go through a testing process periodically. 638 00:57:55,850 --> 00:57:56,810 So those are the changes. 639 00:57:57,310 --> 00:57:59,710 Yeah, typically they handle their unit 640 00:57:59,710 --> 00:58:00,070 county. 641 00:58:00,750 --> 00:58:02,790 They have to submit samples and that would 642 00:58:02,790 --> 00:58:04,310 be the same thing here because of the EPA. 643 00:58:04,310 --> 00:58:05,030 and 644 00:58:07,270 --> 00:58:13,770 that's all I have. That is an easy one. Well we did the hard one first. 645 00:58:15,970 --> 00:58:17,030 All right so we need a 646 00:58:17,030 --> 00:58:22,890 motion on number 11 for the water and wastewater. We have a motion. Do we have a second? A second. 647 00:58:23,190 --> 00:58:30,750 And we have a second. Any other discussion on this item 11 ordinance for water and sewer? 648 00:58:31,550 --> 00:58:37,390 Oh, if they were to say hi, hi, hi, hi, any opposed having none emotion carries pull 649 00:58:38,870 --> 00:58:39,530 whole 650 00:58:40,140 --> 00:58:41,490 Mayor else hi 651 00:58:42,550 --> 00:58:47,870 You're part 10th and hi councilman McCryte. Okay. Councilman folks. All right 652 00:58:48,510 --> 00:58:51,910 Councilman Westman. All right. Councilwoman Reardon. Hi 653 00:58:57,000 --> 00:58:59,200 Next item close executive session 654 00:59:00,280 --> 00:59:08,300 I am 12 executive session pursuant to section 551.071.2 of the Texas government code consultation 655 00:59:08,300 --> 00:59:10,720 with Council on Legal Matters. 656 00:59:16,680 --> 00:59:16,780 No. 657 00:59:17,080 --> 00:59:17,300 No. 658 00:59:17,900 --> 00:59:20,220 We left before the band even started. 659 00:59:20,700 --> 00:59:21,160 We did. 660 00:59:21,280 --> 00:59:21,560 Oh yeah. 661 00:59:21,860 --> 00:59:22,820 I wanted to watch that game. 662 00:59:23,060 --> 00:59:23,540 I didn't. 663 00:59:23,540 --> 00:59:24,740 I didn't find it. 664 02:09:34,510 --> 02:09:37,170 No, what was that? It's all right. 665 02:09:52,980 --> 02:10:04,100 We're coming out of executive session. Reconvening and any action items, there are no action items coming out of executive session. Any comments from the city of manager council? 666 02:10:20,840 --> 02:10:26,540 because the guy had returned from where he had been living in our neighborhood. 667 02:10:27,140 --> 02:10:28,380 It's a random off the end. 668 02:10:28,620 --> 02:10:35,460 Yesterday, another one of our neighbors talked about a guy that was looking up and down 669 02:10:35,460 --> 02:10:42,620 the street casing, looking at stuff that has also been, I think, the same as a previous 670 02:10:42,620 --> 02:10:43,680 guy I've been caught on to. 671 02:10:43,680 --> 02:10:51,960 A week's increasing increase in instances and such since Happy Bay, or is this a different 672 02:10:51,960 --> 02:10:55,880 trend if you could talk to the chief and ask about what's going on there. 673 02:10:57,400 --> 02:10:58,000 But 674 02:11:05,100 --> 02:11:06,420 I would expect that, though. 675 02:11:08,710 --> 02:11:10,230 Any other comments on council? 676 02:11:10,890 --> 02:11:18,460 Just want to restate what a really, really good job public work that on the ordinance today. 677 02:11:18,980 --> 02:11:19,140 Yes. 678 02:11:19,920 --> 02:11:20,380 I agree. 679 02:11:21,600 --> 02:11:22,480 I agree. 680 02:11:23,180 --> 02:11:24,380 I agree. 681 02:11:24,380 --> 02:11:32,580 of us. A lot of good departments and good staff and employees. Very good. Anybody else? 682 02:11:34,300 --> 02:11:39,000 Okay, we're adjourned. All right, people. Be careful, have fun.