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2004 02 26 WS MinutesMINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 26, 2004 The City Council of the City of Baytown, Texas, met in work session on February 26, 2004, at 4:45 p.m. in the Council Chamber of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss proposed Charter amendments. Chairperson Floyd reported to City Council the recommendations for amendments to the Charter. Mr. Floyd noted that the Committee was appointed 35 days prior to the meeting. They met 6 times in the 35 days. They discovered that revising a Charter is a complex task. The Charter has been amended 2 times. There are 4 types of changes. The changes may be non- linear. The four types of changes are as follows: housekeeping, conformance to state or federal law, efficiency, and substantive. Mr. Floyd explained the nonlinear aspect of Charter changes. Changes made to section E in response to changes made to sections A and B may cause additional changes to section A. The Committee's recommendation is a split decision. The Committee recommends 11 changes to 6 sections of the Charter. The Committee has misgivings over bringing a recommendation to Council. The concern is over the process and not over the proposed amendments. When the Committee was appointed, the Committee understood it would be involved in a two -step process. Early in the process, it was learned that the two -year limitation on Charter amendments affected the Committee's charge. Council then changed the charge of the Committee. The Committee is aware of the complexity of the task and the need for deliberate consideration. Page 2 of 3 Minutes of the Work Session — February 26, 2004 (OPI, The Committee recommends amendment of the following sections: Section 13 to conform to state and federal law. Section 25 to conform to state law and to allow executive sessions. Section 68 for efficiency. Sections 74 and 75 to conform to state law and existing practice. Section 138 to conform to state law and for efficiency. Other topics were considered by the Committee, but were not recommended at this time. More time is needed to consider the items. The Committee recommends the continuation of the process. Mr. Floyd concluded by commending the committee members and staff for their work. Mayor Alfaro reviewed the process of appointing the Committee and providing direction to the Committee. He concluded that the work of the Committee was valuable and not a waste of time. The Committee had done a tremendous amount of work and provided an excellent start. Council Member Mundinger stated that the Committee did a great job, based on the direction from Council. Council Member Anderson expressed opposition to any amendments being placed on the May 2004 ballot, due to the negative publicity that the proposals had received. Council Member Murray stated that the Committee had done a yeoman's chore, but the review had not been thorough. He urged that no action be taken and that the Committee be retained to continue their original work. Mayor Alfaro offered an outline of options for Council to consider in the regular session. The topic was continued during the regular Council meeting. Discuss Storm Water Best Management Practices. Gary Jackson, City Manager, explained that the Storm Water Management Program is an unfunded federal mandate. Baytown is in tier two and is now required to comply. Mike Lester, Director of Health, stated that the Clean Water Act is the basis for the storm water regulations. The larger cities were required to comply in the early 1990's. We are able to benefit from their experiences. The regulations require six minimum controls. PBS&J were retained to look at the City's current activities and how they assist in compliance with the six minimum controls. Page 3 of 3 Minutes of the Work Session – February 26, 2004 t" Michael Bloom, PBS &J, explained that pollutants are added to storm water run -off from urbanization. The regulations provide for criminal sanctions. An added benefit is an improvement in the quality of life from reduction in pollutants in storm water run -off. The required permit has a six chapter plan. The chapters include the following: public education —to help the public understand the consequences of their actions, illicit discharges — pollutants in the system not from storm water, construction — erosion, post construction— reduction in the pollutant load from facilities, and municipal operations— reduction in pollutants from municipal activities. Many of the practices proposed in the Best Management Practices draft are current practices. Most of the practices relate to educating the public about pollutants and their consequences. Later, enforcement authority will be introduced. Some activities provide a double benefit, i.e. pollution control (compliance) and flood reduction. The next steps in the program are receiving public comment, finalizing the plan, receiving the permit from Texas Commission on Environmental Quality, and implementing the plan. In response to a question, Mr. Lester stated that the national average of cost ranges from $2 to $5 per residential structure and up to $1,000 per commercial establishment. Mr. Lester assured Council that the ordinances and practices adopted by larger cities and counties will be studied and adapted to meet Baytown's needs. This will include Houston. If contractors are familiar with compliance in Houston and Harris County, adoption of similar standards in Baytown will make compliance more likely. Discuss appointments. Appointment to the Community Development Advisory Committee. Council Member Renteria indicated that he would move the appointment of Larry Newton to the position for District 1 on the Community Development Advisory Committee. Appointment to the Tow Truck Committee. Council was not ready for action on this item. Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Renteria seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:02 p.m. Gdy W. mith, City Clerk