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2004 12 09 WS MinutesMINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 9, 2004 The City Council of the City of Baytown, Texas, met in work session on December 9, 2004, at 5:00 p.m. in the Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Sammy Mahan Don Murray Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager City Attorney City Clerk The meeting was opened with a quorum present after which the following business was conducted: Receive and discuss update report from the Charter Review Committee. Dr. Joe Floyd, Chairperson of the Charter Review Committee, gave the major update report from the Charter Review Committee. He reviewed the members of the Committee and the original and current charge given the Committee by City Council. The Council had charged the Committee to provide a report by the end of calendar year 2004. The Committee has performed a detailed review of the Charter. They have identified opportunities for changes in the following categories: housekeeping, conformance to law, efficiency changes, and substantive changes. Eleven possible substantive changes have been considered. The Committee solicited public input through four public forums and a survey. The overarching conclusion of the Committee is that the Charter cannot be brought up -to -date by individual amendments. The overarching recommendation of the Committee is that the Charter should be rewritten. The conclusion and recommendation is supported by the following facts. The Charter has 140 sections and was written in 1948. It has been amended twice. It is not always the governing document (45 sections). The Committee has identified 46 sections with housekeeping changes, 36 sections with efficiency changes, and considered 11 substantive changes in 10 sections. At least 83 sections pose opportunities for modification, not including housekeeping changes. Changes to the Charter tend to be non - linear. Incremental changes that may or may not be approved could create additional difficulties with the Charter. Page 2 of 4 Minutes of the Work Session — December 9, 2004 The Committee is still considering the 11 substantive issues. In the final report, the Committee will endeavor to take all factors into account when presenting the conclusions and recommendations. Dr. Floyd reviewed the substantive issues. Section 12 includes the issue of at -large Council Members, term length, and term limitations. Section 14 includes the issue of compensation for City Council. Section 16 includes the issue of filling a vacancy on Council. Section 24 includes the issue of electing the Municipal Judge. Section 22.1 includes whether the section on mandatory staffing and equipment for the fire department should be removed. Section 25 includes the issue of closed or executive sessions. Article X includes issues concerning the number of signatures required on an initiative or referendum petition and the area and number of signatures in recall of Council Members. Section 126 includes the issue of the City posting specified public information on the City's website. The Committee's remaining tasks include finalizing the conclusions and recommendations, completing the draft and proof of the final report, and presenting the final report to City Council. Mayor Mundinger commended the Committee for the work they had done. Dr. Floyd commended staff for the support it has given the Committee. Discuss process for filling the full -time Municipal Judge position. Mayor Mundinger informed the Council that 12 applications for the position of Municipal Judge had been received. He stated that he hoped the process would be complete by January 27, 2005. December 17 is the last day to receive applications. He proposed that the ad hoc committee meet to review the applications and recommend finalists. The Council will conduct the interviews for the finalists and make the appointment. Council Member Sheley stated his support for the ad hoc committee recommending finalists. Council Member Murray asked if objective applicants? Mayor Mundinger responded that committee in developing criteria and that a interviews. criteria would be developed to compare the the Human Resources Director will assist the special meeting might be needed to conduct Discuss the request to rename Market Street to Veterans Memorial Drive. Mr. Jackson stated that Tom Cottar had requested the renaming of a portion of Market Street between Texas Avenue and West Main to Veterans Memorial Drive. The Planning and Zoning Commission has reviewed the request and its recommendation and minutes are included in the packet. There are 30 affected addresses in the requested area. There are 22 addresses on Market Street from West Main to Bayway Drive. The existing policy does not provide a formal process for contacting persons and businesses that would be affected by a name change. Council may direct staff to contact the entities and persons at each address. In other cases, the applicant has made the contacts. Staff has not heard any objection to the renaming of Market Street at this time. Page 3 of 4 Minutes of the Work Session — December 9, 2004 Council Member Anderson stated that due to the expense involved in a name change, he believed that it would be appropriate to contact the businesses, residences, and churches along Market Street and preferred staff making the contact. Council Member Murray inquired about the policy of the Post Office in delivering mail along a street after a name change, do they allow a period of time when they deliver to either address? Council Member Sheley suggested that the effective date of the ordinance be delayed and that the name change affect only that portion between Texas Avenue and the Goose Creek bridge. Council Member Murray asked if Council Member Sheley's suggestion would be consistent with the policy of maintaining the same street name. Gregory Stubbs, Director of Planning and Development Services, restated the policy that developers are required to maintain the same street name if the street is continuous. Mayor Mundinger asked staff to contact all the addresses along Market Street. Discuss amending the form of agreement for the New Company Industrial District Agreements. Mr. Jackson reminded Council of their adoption of a standard form agreement for companies with Industrial District Agreements and of a standard form of agreement for companies that do not have an Industrial District Agreement. Since adoption of the standard form of agreement for new companies, no Industrial District Agreement has been signed. In review of the standard agreement for the first new company agreement, staff has found several revisions that would be beneficial. The revisions are generally for clarification and clean up. The significant change recommended makes the agreement more certain as to what values are to be included in the case of state ownership of the land. The proposed changes will apply to all new company agreements. If Council approves the changes, Wal -Mart has agreed to enter into an Industrial District Agreement for the warehouse complex. The agreement will generate an estimated $1,276,590 of revenue over the life of the agreement. Mayor Mundinger stated that the development of the Wal -Mart warehouse is having a positive impact for additional development in Cedar Crossing. Consider appointments. Reinvestment Zone Number One, City of Baytown Council Member Sheley stated that that he would move the reappointment of Gilbert Santana and John Strausser. Chairman of Reinvestment Zone Number One, City of Baytown Council Member Mahan stated that he would move the reappointment of Don Murray. Council Member Renteria arrived at 6:08 p.m. Page 4 of 4 Minutes of the Work Session — December 9, 2004 Baytown Emergency Medical Services Advisory Committee Council Member Anderson stated that he would move the reappointment of Dr. James Bernick, Ernie Whitener, and Gail Kenney. Electrical Board Council Member Renteria stated that he would move the appointment of Bill Hollaway (Master Sign Electrician or Master Electrician) and Valerie Johnson (Citizen Not In Building Industry). Community Development Advisory Committee Council Member Renteria stated that he had an appointment for the Community Development Advisory Committee. Planning and Zoning Commission Council Member Murray stated that he would move the reappointment of Shawn McDonald (District 2), Dr. Joe C. Floyd (District 4), James Prickett (District 6), and Carol Opryshek (City Manager's appointment— RE/Dev). Adjourn. Council Member Mahan moved adjournment. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley Mayor Mundinger Nays: None. The motion carried. There being no further business, the meeting adjourned at 6:10 p.m. daryqV. Smith City Clerk