[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:15] 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.
[0:29] that we're watching and fold in our city.
[0:32] Father, as we consider the items before us tonight,
[0:35] we ask that you guide our thoughts.
[0:37] Please give us the wisdom and discernment
[0:40] that we need to make the decisions that are best for our city
[0:42] and for our residents.
[0:45] Help us to listen with an open mind and to act with integrity,
[0:48] fairness, and in good stewardship.
[0:51] Father, we ask for your continued blessings
[0:53] and protection for our city, our staff,
[0:56] our first responders for our schools or churches and all those who work each
[1:02] day to make our communities such a great place to live and work. We ask these
[1:06] things in Jesus' name. Amen.
[1:29] one state under the one and the other.
[1:37] We don't understand this.
[1:41] The city of Bay City from our economic growth and investment
[1:45] quality of life initiatives through collaboration.
[1:48] We respond promptly and professionally to residents and
[1:50] service and strive to deliver superior municipal services.
[1:54] Thank you.
[1:56] Here a motion to approve the agenda.
[1:58] Make that motion.
[2:21] I will do a lot of acknowledgement at the next meeting on Tuesday, but I do want to
[2:24] say tech contractors from Tech Start does have you if you've seen there, they're here
[2:29] working actively, and I'll have more of an update for everyone at the next meeting.
[2:34] Okay. Any items or comments from the council members?
[2:39] Yeah, I just wanted to point out that if you haven't been by the convention center behind
[2:45] it, you'll see the aquatic center. You see dirt work moving. It's written and really moving.
[2:51] On dirt, they've got the permit to do the utility, so it's really moving ahead.
[2:56] so just be careful in that area. And then I'll go ahead and say the public safety building is also
[3:05] starting up and under way and construction going on there and thank you for moving the the
[3:12] defense back to allow people on the sidewalk. You're welcome.
[3:20] It's not all take credit.
[3:24] All right. Any other comments at this time? Okay. I just want to recognize the
[3:32] box department for such a truck that another successful event out there was
[3:38] hot but a lot of people came out a lot of good trucks. Kids love horns. They do.
[3:43] I put my hands on. There's a loud horn. Yeah. Yeah. But it was good. I
[3:50] I'm square to thank the public for coming out and supporting in the city.
[3:56] Moving on to consent agenda items for consideration and approval.
[4:00] Item one, special call of council meeting minutes of June 18th, 2026.
[4:06] Item two, special call of council meeting minutes of August 18th, 2026.
[4:12] Item three, council workshop meeting minutes of August 20th, 2026.
[4:20] And item four, regular council meeting minutes of August 25th, 2026.
[4:26] Need a motion to, for these consent agenda items.
[4:29] The motion to approve.
[4:31] We have a motion, we have a second, we have a motion, we have a second.
[4:36] Councilwoman Reardon, any other comments on these?
[4:40] All in favor say aye.
[4:41] Aye.
[4:42] Any opposed?
[4:42] Having none of motion carries.
[4:45] On to public hearings, item five, budget.
[4:49] Receive public comment on a base city committee developing a corporation proposed operating
[4:55] budget for a physical year, 2027, Scotty.
[5:05] Thank you.
[5:05] I just want to remind citizens that we have everything posted on our website.
[5:09] We also do have the CDC budget inside of our packet, and I can bring you all to the page.
[5:15] We do have our executive director Melanie Townsend here if anybody has any questions.
[5:18] The
[5:22] full budget is on page 16 of the packet, but is also then available online.
[5:55] Is there anyone in the audience who has a comment on the committee to develop a budget?
[6:08] No comments
[6:15] on that?
[6:16] Item 6.
[6:18] Budget.
[6:18] Receive public comment on a city of Bay City's proposed capital improvement program for
[6:24] physical year, 2021, Scotty.
[6:26] Again, to remind the public that we have everything posted on our city's website, you should
[6:31] be able to access that budget from the city's homepage and click on there and there's all
[6:35] the documents available.
[6:38] Our budget total with all funds, I've got your, well, let's just talk about your general
[6:43] fund was a little over 22 million.
[7:00] Is there anywhere else you can access it other than the city website?
[7:03] The City Secretary's Office has it available. Our BACD Public Library.
[7:14] That's a good question
[7:15] because we're required to have them followed at those different locations.
[7:19] So if anybody wants to see it, then we'll set it to the library at their leisure and sit
[7:22] down with a good book and rules it.
[7:24] And also Gina can pull off anything. Our finance office can pull any information on.
[7:28] Which we encourage people to do. Look at it and have any questions.
[7:37] there's no one in the audience who has any questions about the capital
[7:41] improvement plan move on to item seven budget receive public comment on
[7:48] city of Bay City's proposed budget for fiscal year 2,027 it's a
[7:52] credit.
[7:59] Our capital improvement program and our proposed budget all of these
[8:02] items are at the same place on our city's website and I think we do have some
[8:07] copies back here for anybody who wants to pick up anything we also have some
[8:10] PowerPoint. It's very easy rating from the workshop that we had and so I can
[8:15] believe Jennifer made a couple of copies back there for everyone to.
[8:20] And I agree
[8:21] with Blaine, we encourage citizens to take a look at that. It's available. We're
[8:26] transparent. Please go take a look at it. They'll have an opportunity.
[8:31] This is the
[8:32] only public hearing that we have. The adoption is on next Tuesday and they can still
[8:38] speak on that adoption meeting on that item.
[8:42] Let's make sure they understand to have opportunities to look at it and ask questions that you can
[8:47] always call City Hall and get some of your questions answered as well.
[8:54] Because we're reminding them there's a lot that goes into this.
[8:57] We've been meeting on this for how long?
[8:59] Since June.
[9:00] Since June.
[9:02] So this is the final product that you're going to see.
[9:04] Well, I actually saw a lot of the capital's strategic planning process back in February.
[9:07] Yes.
[9:08] Right. So it's a lot of information goes on there since about February. We start moving forward.
[9:12] So it's been a long process. Audit closes down and budget begins. It's just like a cycle.
[9:19] Okay, out of eight budget receive public comment on the City of Bay Cities proposed property
[9:25] add the alarm tax rate for fiscal year 2027.
[9:30] This is on page 20 of your packet. As a reminder, our proposed tax rate is 0.56193
[9:36] Over
[9:40] the past seven years, the tax rate is going from 0.6500 to 0.56193 or 9 cents down.
[9:49] This is a revenue increase to help pay for maintenance and operations capital and debt.
[9:57] And to maintain our minimum reserve requirements needed.
[10:02] We are very close to the closed, so you want to have at least your minimum reserve requirements
[10:07] on place.
[10:10] For natural disasters.
[10:13] Okay. Yeah, that information is available out there.
[10:18] If anybody wants to take a look at it.
[10:20] I would love to encourage everyone to also just take a look at
[10:22] that five-year capital plan. Year one is farm in place,
[10:25] but that five-year capital plan is out there,
[10:28] and it's just a plan that can change based on needs,
[10:31] but it is out there and it's got a lot of information in it
[10:34] on what the city's plans are. A lot of it is grant funded.
[10:38] So you can look at a lot of the information online or bake it up at the City Secretary's Office of the Library.
[10:46] That's basically a five-year rowing plan.
[10:49] That's the idea.
[10:50] Every year.
[10:51] But at least we're looking five years out and doing excessive planning.
[10:57] So citizens always have an opportunity to come to council meetings and have input.
[11:02] There's a public succession that people want to speak at and get the whole information that they need.
[11:08] Okay.
[11:11] That's it for public hearings. We will close public hearings and move on to regular
[11:16] items for discussion, consideration, and or approval. Item 9, budget discuss, consider
[11:23] and approve post-poning. The final budget vote for fiscal year 2027 until September 22,
[11:32] 2026. There needs to be some sort of action after the after the public hearings and that's all
[11:37] All this is, we're just going to vote because it's time to vote until the September 22nd meeting.
[11:42] Okay.
[11:43] You see a approval on that.
[11:45] Oh, we should put it through.
[11:48] September 22nd.
[11:49] Second.
[11:50] Okay.
[11:50] We have a motion.
[11:51] We have a second.
[11:52] Any other discussion on item 8?
[11:54] All in favor say aye.
[11:55] Aye.
[11:56] Any opposed?
[11:57] Having done the motion carries.
[12:03] Item 10.
[12:03] Ordnance.
[12:04] Discuss, consider, and or approve an ordinance of the City of Council of the City of Bay City,
[12:09] Texas, amending chapter 98 subdivisions of the Code of Ordinance by adopting Article
[12:15] 5, light and general commercial developments and Article 6, general industrial developments
[12:22] to provide for the regulation of commercial and industrial growth within Bay City, repealing
[12:29] all related ordinances or parts of ordinances and conflict therewith, providing for the severability
[12:35] City Clause providing for a publication and providing an effective date.
[12:39] Mr. Blinquist.
[12:42] Good evening mayor city council city manager city attorney.
[12:46] Glad to see everybody tonight.
[12:48] Scotty did you want to make any comments before I get started?
[12:51] I'll let you go on.
[12:53] 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.
[13:02] 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.
[13:12] So as an introduction, as Bay City continues to grow, City staff receives requests for potential commercial and or industrial developments.
[13:23] Currently the only mechanism we have to guide any type of these, any of these types of developments is through our land use plan,
[13:30] which is part of the Vision Bay City 2040.
[13:35] As we reviewed our subdivision ordinance, which is chapter 98,
[13:40] it revealed the only thing we had in the ordinance was ordinance regulations,
[13:45] legal and multi-family to residential development.
[13:50] There was nothing there for commercial or industrial.
[13:54] So the purpose of this evening's agenda is to present the first draft
[14:00] 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.
[14:11] 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.
[14:24] At the end of the presentation, we intend to come back and ask you for guidance and direction for taking these revisions forward.
[14:33] You also have a latitude to approve and or postpone the adoption of the revisions as you desire.
[14:41] The update of chapter 98 supports the following strategic plan goals.
[14:47] Safety and community appearance, promoting community health and safety.
[14:51] infrastructure, it provides design standards and protects the community's
[14:56] infrastructure, planning and development streamlines, the-
[15:00] 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
[15:29] and material standards.
[15:32] So we wanted to stay within that framework as we worked forward quite a bit of the light
[15:42] and general commercial language that we developed actually came with the help of El Campo
[15:50] in their ordinance.
[15:51] So we adopted some of their language, but certainly wanted to make it fit what we're doing.
[15:56] 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.
[16:14] So hopefully that will make it easier for you to follow as we move forward.
[16:19] Just let me know when you're when you're in Exhibit A and
[16:29] the first place I'll ask you to go to is a page five, which is section 98-102.
[16:36] And that's fire protection.
[16:38] 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.
[16:50] two and so that's what we've done in section 98102 just cleaned up some language there
[16:56] to bring us up to date if you will with the IFC 2021 codes.
[17:04] So again, if you go to chapter 13 under section 98-188 streets, so paragraph B, you have some
[17:20] language added there in blue which basically brings us in accordance with not
[17:27] only our land use plan but the language that's reflected in our charter and we
[17:34] did that in a couple places. Next change is on page 15 which is section 98
[17:42] 194 fire protection again in blue the same change that you saw before and now
[17:50] will get into the meadow of what's new. Starting on page 17, Article 5, general commercial
[17:59] developments under generally on sections 98-224 and 225, we defined light and commercial
[18:12] developments. We had originally just started with general commercial, but we found that
[18:17] That didn't fit a lot of the kinds of development commercially we see within Bay City.
[18:22] So we went back in and added that light definition to make that fit better.
[18:34] Moving forward in blue sections on 18, basically page 18 through 22, you're going to see a lot
[18:46] of the same sections that you saw in the single and
[18:52] multi-family ordinance sections.
[18:58] The only difference is in section 98234, which is page 19,
[19:04] where we specifically focused on height and area regulations
[19:09] and building design and performance standards.
[19:13] You'll see under sub-paragraph 2, you have a maximum height of structure of 45 feet
[19:21] that basically equates to three stories.
[19:24] And then you've got a number of setbacks, and we spent quite a bit of time focusing
[19:30] on setbacks where you had commercial, and you'll see, and also you'll see in the future
[19:36] with industrial next to residential and so you'll see an increase in the setback number
[19:42] when you have those situations and you're also going to see a performance standard of constructing
[19:47] a minimum of a six foot either wood or a Mason type fence to create separation and then you've
[19:58] got some other I'm not going to read all the things but you've got some other other structural
[20:03] on site development standards that play in.
[20:09] And then I'll ask you, let's see here.
[20:12] Go to page 20, again, section 98, 238,
[20:18] the same acknowledgement of the chapter 42
[20:24] for fire protections. It's just consistency, if you will.
[20:28] The only difference you're going to see is when we get into industrial
[20:31] where we'll have some additional fire protection standards
[20:34] as a result of the kinds of things that are happening in an industrial development.
[20:39] And those are based on state requirements, correct?
[20:44] What is fire protection?
[20:47] Is there a question?
[20:49] Okay.
[20:53] And under Division 3, again, you have a lot of the same paragraphs that you see in single
[21:00] and faulty family, but we did add a section 98-248, which is lighting.
[21:06] 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
[21:17] to direct light downward to the ground rather than scattering it upward or into the nice sky or onto neighboring properties.
[21:27] And as we work with developments we're really trying to emphasize that my experience over the years is some of our convenience stores
[21:35] have a huge light signature and so that's what we're trying to work around and
[21:40] work through. Do you have any plans about that? Pardon me? Do you often get
[21:45] complaints about that? Oh we haven't. Not so much. I think more of them come to
[21:51] City Hall than they do to us. Yeah. But we certainly talk about it as part of our
[21:56] pre-development meeting process. Right. Yeah. And then there's a figure that shows
[22:03] was the, the, the, they call it the Kona Direct Light. So with that, that's really everything
[22:10] on the commercial side. Now I'm going to spend some time in industrial and I don't intend
[22:16] to, to talk about every single section that's here listed or we'd be here quite a while.
[22:22] The ones I've highlighted in yellow are the ones that, that we want to focus on. And, and
[22:29] And then if there's another section that you have a question on, we'll certainly go back
[22:33] and can talk about it.
[22:37] So under generally, the focus here being, and we've had this discussion over the months
[22:45] as we've gone through this ordinance revision process, focusing on health, welfare, safety
[22:51] and quality of life as the goal for these ordinance revisions.
[22:58] So under Section 98253 you have a use classification and here we only focused on general industrial
[23:10] because until you get in, get a different kind of land use plan and if we end up going
[23:17] through and developing a zoning process then we can get a lot more specific with the different
[23:23] some kinds of general, with the different kinds of industrial classification.
[23:27] 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.
[23:46] And the first key area is 98-254, which is requiring a utility and grid impact analysis.
[23:56] And we're asking that no industrial development or major technological expansion be accepted
[24:04] without the review of the following things.
[24:06] Peak demand and load projection, that's the estimated total electrical load.
[24:12] 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.
[24:24] 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.
[24:34] A local grid capacity assessment, that's the evaluation of local substation and distribution
[24:40] transmission line capabilities, and we'll rely on our electric partners like ADP to help
[24:47] us review that, because we certainly don't have the expertise within house.
[24:51] So we're going to have third-party elements involved in these review processes in some
[24:57] case.
[24:58] What are consumption and waste water feasibility, again, and even now, as we talk to businesses,
[25:06] their first question is, do you have adequate water and do you have adequate soil to handle
[25:11] our capabilities?
[25:12] And we say, what is your capability?
[25:14] And so that's what this drives back to.
[25:17] How much water do you look to be using and how much waste water do you plan on putting back
[25:23] into the system and you're going to see another definition as we get into the other agenda
[25:31] item here a little later that puts a specific definition on discharge is coming from industrial
[25:36] facilities and I'll talk about that more.
[25:40] Emergency power and on-site generation, we want
[25:44] to know what kind of backup capabilities they have when we do lose power, which given hurricanes
[25:49] chains and ice storms can happen in any given moment.
[25:54] And lastly, curtailment and load the shedding plan on how the facility would rapidly reduce,
[26:02] or shed its electrical load during a problem time or an emergency event.
[26:09] The next part, and I'll just briefly mention this, in 98-255,
[26:16] 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.
[26:36] One thing mentioned here is an application fee and again that will be handled as part
[26:44] of our appendix B, the tax rate and fee schedule.
[26:47] At the point in time the application is received from the applicant or the developer.
[26:57] And typically that will be based on the valuation of whatever is going on.
[27:02] I
[27:08] can ask you to flip your page over to the backside because items 2 through 6 really
[27:17] are the same kind of things that we ask for most developments now.
[27:25] Item 7, an access management plan and what we want to know as a city is where are you
[27:34] you're going to be entering and exiting the development and if you're on a state highway
[27:40] then of course the text that would be involved in that process too.
[27:45] And depending on the type of activity we're talking about a traffic impact study may be
[27:53] required as part of that development process and that'll be a case by case basis.
[27:59] We're
[28:05] looking, go to page 28, item paragraph 8 there, operational experience of the following.
[28:14] What we're looking for is for the applicant to describe whether it's a developer, equipment,
[28:22] manufacturing engineer, system operator, or whatever.
[28:26] What kind of experience is coming along with this development as it moves forward?
[28:32] and also is able to talk about what kind of incidents or issues they've had in the past with other
[28:41] installations of similar type.
[28:48] So go to page 30, section 98, 257, which is emergency response
[28:56] plan. As you see, I'm focusing here on the kinds of things that we are looking for as a community
[29:02] that we can protect, we know that the community's being protected because the
[29:08] development has the appropriate documentation and responses in place to be
[29:12] able to handle a situation. The first being the Emergency Response Plan, which
[29:18] we would be given to, you know, obviously the folks on site but also the fire
[29:25] department, the city, any mutual aid agencies,
[29:31] Madaguardal County emergency management, and I'm sure there's others that, you know, depending on the kind of development it is.
[29:39] So we want to know, and we want that plan to talk about procedures for safe shutdown, de-energizing isolation equipment and systems.
[29:48] We want procedures for protection and testing of smoke heat, gas, alarms, interlocks.
[29:55] We want procedures to follow in response to notifications.
[30:00] 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.
[30:18] Page 31, section 98, 259, remote monitoring. We're asking for industrial sites to have redundant 24 seven monitoring systems.
[30:31] to detect and prevent a thermal runaway that's when the system overheats from whatever
[30:38] kind of manufacturing process they're running and could cause basically what we would
[30:43] be described as a thermal meltdown or you know catastrophic fire or whatever the case
[30:48] might be and so they'll have to have detectors in place, they have to have system alerts and
[30:56] 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.
[31:13] So the next paragraph 98262 on page 33 is the event response plan.
[31:23] And so if we have if the city has a response response to a situation,
[31:30] then the facility has to adhere to the following requirements, they need a technical expert
[31:37] with knowledge at the site. Within one hour, the city will be reimbursed for any cost
[31:46] incurred and any third party response requested by the city will be at the cost of the facility
[31:53] operate.
[31:58] This is something we if you go to page 34. Before you move on and this
[32:06] event response is it possible you we can have companies that come in train our
[32:14] first responders and some of these things so they're prepared for it. Well it
[32:19] means I mean you just went through an exercise you know a response exercise with the
[32:27] nuclear facility and you know I've been in places where we did that and that's
[32:32] pretty common practice. We don't have a lot of manufacturing here. I think a
[32:36] good example and maybe it's something we should start working on is with
[32:40] Teneris because we do need to know what we may have to deal with.
[32:47] They may call on us, yes. You need to ask for training in that. So I was in a
[32:52] situation in South Dakota where we had a pipeline company that was a national
[32:59] distributor had had had a fire and spills and we had to respond as a city and we
[33:04] didn't know what we were doing.
[33:09] So how would we follow up on that? We can just
[33:14] add it here. Yeah we'll we can add it in depending on how you all want to
[33:19] take action if we do it tonight or we do it next week we can add it in between
[33:22] we know them. And sometimes it may be embedded in summer here, but we can add it in some
[33:27] of their disasters or response plans. It'll have where we do training. We can do it in
[33:32] a couple places actually. Certainly should be in there.
[33:41] I'm just going to speak. Well, I'm
[33:43] just using them as an example.
[33:48] Things that are related to health and safety of our citizens
[33:52] can be enforced on our ETJ, okay?
[33:56] So if it's health and safety related, it's ETJ.
[34:02] Okay, the next area we want to talk about is page 34.
[34:07] It's section 98, there's 265, a decommissioning plan.
[34:11] So if facility, ceases operation,
[34:15] or is at the end of its life,
[34:16] it's life cycle, then the site has to be commissioned
[34:21] based on the following criteria.
[34:23] They need to notify the city.
[34:25] the fire chief, the fire marshal, and all above and ground features must be removed.
[34:32] The site shall be returned to its natural construction ground state, and all materials removed
[34:39] from the site will be disposed, reused, recycled in accordance with state and federal regulations,
[34:45] and so on.
[34:51] going to division three construction and materials H-36 I'll refer you in section 98-279 which is fire protection.
[35:05] 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.
[35:14] that also need to be considered as part of the end of the facility's
[35:19] development.
[35:22] Waste heat mitigation which is section 982-80 on page 37. We
[35:29] address that because we find waste heat is a byproduct of the production
[35:37] process or a facility that has a lot of computing capability. I would use Amazon as
[35:44] an example. And so they have some other measures that they have to take to address the excess
[35:52] heat because we don't want that heat signature extending beyond their property line. And it's
[36:00] measured at 4 feet above ground.
[36:04] The next item, next paragraph down, which is 98-281 deals with noise.
[36:11] We've placed a limit of maximum sound level of 60 decibels during the daytime and 55 decibels
[36:19] at night. And then they also had to comply with our chapter 38 article 5, Noise of Base City
[36:28] ordinances. As part of their development process, that need to sound modeling study will have to be
[36:35] It's just conducted demonstrating compliance with the maximum sound levels prepared by a licensed engineer, especially specializing in acoustics.
[36:46] 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.
[37:04] Go to page 38, section 98, H-282, which is, again, I referenced lighting before.
[37:12] Here's the same in essence lighting standard, where we're really focused on dark skylight.
[37:22] The last section that I intend to talk about here is section 98, H-283, which is height
[37:30] area regulations. Here we have a minimum lap size of 10,890 square feet or 1
[37:38] quarter acre, a maximum height of 75 feet but the maximum amount of stories
[37:46] again is three stories so the difference in 45 to 75 could be a tower or
[37:52] 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.
[38:16] So, ground-mounted equipment will be prohibited from locating in the following areas between
[38:23] a building wall and a private or public street and within 500 feet of a residential planned
[38:28] or residential developed area.
[38:32] Front side here is rear yard setbacks.
[38:35] It's the greater of 50 feet or building collapse zone.
[38:39] So the building collapse zone is actually one and a half times the height of the building.
[38:44] So if you had a 75-foot structure, then the setback would have to be 113 feet if that makes sense.
[38:53] And again, the last thing is the development performance standards.
[38:56] Talks about a minimum of six foot solid-screened fence of wood and masonry construction.
[39:03] And odors are fumes created by industrial processes that must be contained.
[39:07] So no order to our sense or sense that the property line and with that I'll stop talking in the entertain any questions
[39:14] You might have I
[39:18] can I'd like to add one thing for y'all real quick by our thinking of your questions
[39:22] Just to make sure everybody's really
[39:24] Understands what a land use plan is so city does not have zoning
[39:29] But we have a old outdated land use plan from 2014 our comp plan will bring us forward into a new land use plan
[39:37] and it will be starting soon.
[39:39] But a land use plan he typed is permitting.
[39:42] Can God development, and where you want that development to go?
[39:47] So this is new that we haven't tied to our land use plan before,
[39:51] but this is what we should be doing is tying things like this.
[39:54] Like if you're having a big industrial,
[39:56] you want to got it to what areas of zone
[39:59] for industrial type development.
[40:01] Not so you use the word zone, but tied by the land use.
[40:04] That's where the typically-
[40:06] Perfect.
[40:07] Make sense.
[40:08] So you wouldn't put in areas of your city, or ETJ,
[40:11] where industrial development makes sense,
[40:14] where commercial development makes sense,
[40:16] where residential is make sense.
[40:20] And so that's why you tie it to your land use plan.
[40:22] So what happens when you're going to a land use plan workshop?
[40:25] They already have it, kind of out there,
[40:27] and you start looking at everything,
[40:28] and you kind of see where it lifts together.
[40:31] This is all I'm residential, this is multi-family.
[40:33] This is small business, this is commercial, and that's where your whole lane thing gets created.
[40:38] Then you can almost easily see, well, this area looks like we're mostly industrial development should go.
[40:43] And this area looks like where it looks like a lot of the commercial.
[40:45] So I just want to make it very clear if you've not looked at a land you smacked before.
[40:49] It's not zoning, but it guides development and you can tie your permitting to it.
[40:57] And again, a lot of the information or ETJ for enforcement type, it needs to be tied
[41:03] to health and safety.
[41:04] But we do have enforcement authority in our ETJ when it does look healthy and safe to
[41:08] correct me if I'm wrong.
[41:10] I'm going to just want to give you a little more information on that if you had questions
[41:14] on land use.
[41:16] So where, in that case, where we can enforce in the ETJ, how does that work?
[41:23] work because I'm assuming the county has that same capability, right?
[41:28] I defer to us.
[41:29] Oh, they do.
[41:30] OK.
[41:31] So there's not a crossover where we need to align policy or ordinance.
[41:38] OK.
[41:40] It stops at the ETJ.
[41:43] I mean, I still have floodplain administration.
[41:46] Those kind of things.
[41:48] But as far as those healthy and safety issues that defer to us.
[41:51] OK.
[41:52] in the U.T.J.
[41:56] I would like to thank Herb and his crew and the staff for being proactive on this, none of this is unusual.
[42:02] It's just that we've never really needed it before.
[42:05] And we're being proactive in having it because Bay City is growing.
[42:09] And we need to perfect, like you said, to help them welfare our citizens and quality of life.
[42:13] And this does exactly that.
[42:16] Thank you.
[42:18] And you really needed the industrial component as a general component.
[42:21] If you start specifically naming in does types of industrial then you're back in yourself into a a
[42:28] Corner up with only for this type of industrial. You need to have a release for right now in general
[42:32] Because you never know what's in the pipeline. This gives you a checklist if you will to to follow to
[42:38] So this would be something that we would
[42:41] Hand a
[42:42] Prospect
[42:43] Basically and say okay here's well as we talk to honestly as as we talk to prospects right now
[42:49] we're talking to them about a lot of these kind of components even without the language in place
[42:55] because it's the right thing to do. Yeah, and most of them are already going to comply.
[43:01] Well, and if they're coming from another area, they're used to it anyway.
[43:05] So you're going to see the state impact this in the next session as well.
[43:10] We'll be watching for that. Some of these things we're putting in place. We expect to make it
[43:19] 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?
[43:26] But what's the effective date that we're shooting for?
[43:29] It's not one like we did with the animal and pound or animal that we're just yesterday.
[43:35] Perfect. I mean, we've been talking about this for six months.
[43:39] Yeah, yeah. And again, we can always make an adjustment if we need to as we get into it.
[43:45] things that are already there or grandfathered anyway so yeah it was one of my
[43:49] questions thinking of like Alistair Cornett doing the development there or
[43:55] not development re-development of that building and then the old Alice in
[43:59] Distributorship that there's economic development coming in how does this
[44:03] impact those that have already submitted plans are already well on the way
[44:07] does it are we been having do they have to change their approach is that I don't
[44:15] You can follow my question.
[44:16] Down the folly.
[44:17] Well, like, for the one downtown that's already a commercial,
[44:21] yeah, top building and I don't know
[44:22] that anything of this would affect.
[44:24] That's why we wrote the language
[44:26] for commercial the way we did it.
[44:28] We left a commercial a lot more open
[44:30] than industrial for two reasons.
[44:33] One, the smaller developments,
[44:37] you just need some language to protect anything
[44:40] that's next to residential.
[44:43] 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.
[44:55] I just want to make sure that we're not.
[44:59] I recognize.
[45:00] 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,
[45:29] I mean, if they're in the downtown area, there's a number of things that they already
[45:33] have to comply with that pretty much takes care of the ordinance anyway.
[45:38] I mean, another question that had on the decommissioning, I like that idea, my first thought
[45:46] was a battery storage facility, whenever they have a certain lifespan, the grade that allows
[45:53] the city's of teeth to require cleanup of that but then I also start thinking of
[45:58] some of our other buildings and facilities that were once highly used in this
[46:06] community given our economy of what it used to be that are now essentially vacant
[46:10] abandoned in derelict is that give us teeth to give that owner and say you are not
[46:17] in compliance with these standards we already got that with
[46:20] substandard structures yeah and that's in the decommissioning is an
[46:25] industrial yeah I'm sorry about industrial okay so if they are in
[46:29] industrial I think it probably would give us it's testy because the
[46:34] grandfather clause right yeah but we can still deal with it as
[46:37] substandard structure I mean for sure that so that's you know we're dealing
[46:42] with that right now down the street, extensively.
[46:49] Well, thank you for all the work
[46:50] that all of you put in on this
[46:52] and the many conversations that we've all had.
[46:57] I know it's important and it's not fun for any of you
[47:00] to work on.
[47:01] So thank you for going so deeply into this
[47:04] to find a good starting place for us.
[47:07] It was a good learning experience, I'm sure.
[47:14] I think it's huge for our community, it really is.
[47:17] Well, and, you know, we kind of started in one place and ended up in another, and it worked out so much better.
[47:25] You know, it really makes sense in your code now.
[47:27] You have the chapter 98 that deals with residential, multi-family, commercial, industrial.
[47:33] Makes complete sense.
[47:35] hide into the land use plan, and each section deals with specific things related to commercial or industrial.
[47:47] And that's not the way it started, but it became obvious to Herb.
[47:51] Like, we don't have anything...
[47:53] Yeah, we can't do anything.
[47:55] We don't have anything for commercial.
[47:57] We're just doing industrial.
[47:59] You can't ask me to stop something that's not there.
[48:01] So it really hard and crystal and I think it's all safe to say that none of this wants
[48:09] a stifle investment in Bay City so it does become something in here that is a barrier
[48:17] or problem for potential investor I hope it is quickly brought back to Council for this
[48:22] Council or future Councils to consider of well I use the rule of thumb if you can enforce
[48:30] So I've got a lot of flock over some comments about that too.
[48:33] That would be my way of concern.
[48:34] It's just making it harder for the businesses to come.
[48:40] And doing more than as long as you have the protections in place and you do.
[48:47] I feel like sometimes it gets a little, um,
[48:51] how we get more in the way sometimes.
[48:53] But this does look good.
[48:55] but this is a proactive measure
[48:57] and I think that it does sound good.
[49:00] Yeah, there's nothing in this.
[49:02] You know, I know there's been pushback
[49:05] on some things or things people have to do
[49:09] to develop all the properties to redevelop.
[49:13] It's a challenge.
[49:14] It's a challenge.
[49:15] It is.
[49:15] But you know, a lot of that is state law.
[49:18] It's not even city.
[49:20] I mean, the city, yes, they're going through the department.
[49:23] The public works department.
[49:25] but it's state law that's required for instance asbestos, remediation asbestos, all that is state law,
[49:33] that's that's nothing the city can control. We can't turn a blind eye to the state law.
[49:40] Right. Right. And the laws are becoming more stringent. I mean the more we build, the more we grow,
[49:47] we find things that we didn't have in place before that the state puts in place for protection for
[49:53] citizens of the state. It's just part of the growth process, but you know we what do we always say
[50:00] here we always try to get the yes that's the first thing we don't say no so somebody comes in
[50:05] our goal is to get the yes and if we have to sit down with this procedure within a potential
[50:11] investor and figure out how we get there that's what we do. Well not in all cases but that's the
[50:17] first thing that we try. And in not in all cases with every single section in
[50:22] this ordinance applied depending on the the development. This is a general
[50:28] overview. It covers a lot of things. There's some details that could be added
[50:32] if it is and we'll get there. This is an excellent start. I agree.
[50:39] It's setbacks with the hardest trying to figure out where's the setbacks and
[50:43] so we'll be feeling that out as these we approach in planning and development.
[50:49] Yeah, but you can look at some setbacks and say, man, why did they do that?
[50:54] Or why isn't, why isn't it further?
[50:56] Yeah, that's what I mean.
[50:58] So they reviewed a lot of different ordinances.
[51:06] So at this point in time, we'd ask direction, whether you approve it tonight or you approve
[51:12] it on the 22nd staff recommends approval with whatever modification you decide you need we need.
[51:18] Well just with the one comment that the mayor made earlier, can you refresh me on that?
[51:25] Training of the first responders for depending on what type of business it is and it's not unusual.
[51:31] It happens with our industrial partners that we have in the county I see it all the time so like I
[51:36] said this is not unusual. It just never affected inside the city of Basin before.
[51:42] 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
[52:00] amendments that Mary's mentioned. Okay, you have a motion on table. Do we have a second?
[52:06] A second. Okay, we have a second. Any other discussion on this item?
[52:13] Yes, sir. Do we understand where those changes need to be made?
[52:17] Or is that just a comment? It was under fire.
[52:21] It was event response in the emergency response plan.
[52:36] And I just need to get it in the right spot, so we have that flow to change the flow.
[52:43] I've just a quick question before we move forward.
[52:46] So we talked about the section specifically around the setbacks and continuing to learn about that and understand those further.
[52:56] So these have specific yard or footage in a named 500 feet or 50 feet, 75 feet, that sort of thing.
[53:09] So if that was standard language that was adopted by a number of other communities.
[53:15] Yeah, which is great, which is great.
[53:17] But if we find we learn something, there's a case study out there that pops up.
[53:21] That's just an amendment down the road.
[53:23] Right.
[53:24] It's not.
[53:24] 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.
[53:38] Quite often.
[53:40] Okay, I just want to understand that.
[53:43] Thank you.
[53:44] So we have a motion. We have a second any other discussion
[53:47] You want a favor say hi? Hi any opposed having none emotion carries. Oh
[53:56] Thank you again. Yes, thank you very good word Mayor Nelson. Hi
[54:04] Mayor Fred Tempindley. Hi. Hi
[54:07] Councilman McCray. All right
[54:09] Councilman false. All right
[54:10] Councilman Westmoreland. Hi
[54:12] Councilwoman Rear them.
[54:14] Aye.
[54:19] Okay.
[54:20] Item 11.
[54:22] Ordnance.
[54:23] Discuss, consider, and or approve an ordinance of the City Council of the City of
[54:27] Bay City, Texas, amending chapter 114 utilities of the Code of Ordnance, 5th
[54:33] Office in Section 114-74, industrial facilities to provide for the regulation of cooling system
[54:40] 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.
[55:02] Okay, so as really as a continuation of talking about chapter 98, but these two changes that
[55:09] I'm going to talk to you about, really directly impact the industrial facilities piece of our
[55:18] ordinance. So you have two key issues with industrial facilities, which are water consumption
[55:23] and wastewater disposal associated with industrial processes. What we've done tonight are
[55:30] here is to provide a regulatory framework for limiting water consumption by providing regulatory
[55:37] requirements on cooling systems and by adding regulatory requirements to industrial facility
[55:42] waste discharges again with the primary goal of protecting health well-clear and safety
[55:47] of the city residents.
[55:49] So I'll get once again ask you to go into your exhibit A for chapter 114 and the first
[55:58] change is on page 16 section 114-74 and this one's a lot quicker because there's
[56:10] only two of them.
[56:14] So you have cooling system requirements and so all
[56:17] industrial facility with cooling system requirements shall employ closed
[56:21] loop cooling systems or similar cooling technology which minimizes water use
[56:26] 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.
[56:41] The
[56:46] next section, go to page 19, under prohibited discharge, a paragraph B. And again, industrial
[57:01] discharges shall be considered prohibited discharges and must be handled in accordance with
[57:06] the significant industrial user guidelines as specified by the Texas Commission of Environmental
[57:12] 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.
[57:23] This will be sure to be compliant with.
[57:27] But it's not addressed in our ordinance so we are we are indirectly because you know, we have.
[57:34] of we want to keep ourselves in good standing with TCEQ.
[57:41] We don't want them in our backyard.
[57:44] But again, that is our requirements.
[57:47] And we have to monitor industrial facilities.
[57:51] And they have to go through a testing process periodically.
[57:55] So those are the changes.
[57:57] Yeah, typically they handle their unit
[57:59] county.
[58:00] They have to submit samples and that would
[58:02] be the same thing here because of the EPA.
[58:04] and
[58:07] that's all I have. That is an easy one. Well we did the hard one first.
[58:15] All right so we need a
[58:17] motion on number 11 for the water and wastewater. We have a motion. Do we have a second? A second.
[58:23] And we have a second. Any other discussion on this item 11 ordinance for water and sewer?
[58:31] Oh, if they were to say hi, hi, hi, hi, any opposed having none emotion carries pull
[58:38] whole
[58:40] Mayor else hi
[58:42] You're part 10th and hi councilman McCryte. Okay. Councilman folks. All right
[58:48] Councilman Westman. All right. Councilwoman Reardon. Hi
[58:57] Next item close executive session
[59:00] I am 12 executive session pursuant to section 551.071.2 of the Texas government code consultation
[59:08] with Council on Legal Matters.
[59:16] No.
[59:17] No.
[59:17] We left before the band even started.
[59:20] We did.
[59:21] Oh yeah.
[59:21] I wanted to watch that game.
[59:23] I didn't.
[59:23] I didn't find it.
[2:09:34] No, what was that? It's all right.
[2:09:52] 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?
[2:10:20] because the guy had returned from where he had been living in our neighborhood.
[2:10:27] It's a random off the end.
[2:10:28] Yesterday, another one of our neighbors talked about a guy that was looking up and down
[2:10:35] the street casing, looking at stuff that has also been, I think, the same as a previous
[2:10:42] guy I've been caught on to.
[2:10:43] A week's increasing increase in instances and such since Happy Bay, or is this a different
[2:10:51] trend if you could talk to the chief and ask about what's going on there.
[2:10:57] But
[2:11:05] I would expect that, though.
[2:11:08] Any other comments on council?
[2:11:10] Just want to restate what a really, really good job public work that on the ordinance today.
[2:11:18] Yes.
[2:11:19] I agree.
[2:11:21] I agree.
[2:11:23] I agree.
[2:11:24] of us. A lot of good departments and good staff and employees. Very good. Anybody else?
[2:11:34] Okay, we're adjourned. All right, people. Be careful, have fun.