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2013 01 10 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 10, 2013 The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, January 10, 2013, at 5:30 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Mercedes Renteria Terry Sain Scott Sheley Stephen DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the January 10, 2013, City Council Regular Work Session with a quorum present at 5:30 P.M., all members were present with the exception of Council Member Brandon Capetillo who arrived at 5:32 P.M., Council Member Scott Sheley who arrived at 5:33 P.M. and Mayor Pro Tern Terry Sain who arrived at 5:35 P.M. 1. DISCUSSIONS a. Discuss possible amendments to the noise ordinance codified as Chapter 34 "Environment," Article VII "Noise," Division 1 "Generally" of the Code of Ordinances, Baytown, Texas. Mayor DonCarlos stated that while speakers are not allowed at work sessions, lie would allow one representative of the group five minutes to speak on this item. Mayor DonCarlos presented the item and stated that this item allows for continued discussions that were started in recent work sessions and continued in the December 13th regular council meeting. He stated that he felt it was important to take the first step regarding the noise which was approving the ordinance and if it didn't work to explore other options. Mayor DonCarlos stated that he is concerned about the decibel limits around 58 because it has been proven that nearly anything violates that noise level. Work Session Regular Meeting Minutes January 10, 2013 Page 2 of 3 City Manager Leiper stated that the only change to the text of the draft ordinance from last December was a lower limit (40 dB (A)) of the baseline for the impulse noise, which was a concern that the ordinance didn't provide. He stated by establishing a lower baseline limit of 40 dB (A) the lowest impulse that would meet the criteria for a violation would be 55 dB (A). City Manager Leiper stated that the intent is to have a 90 day education period and that the equipment would be purchased based on the direction in which Council decides to proceed. Council Member McCartney stated that because the industry is growing in Districts 5 and 6, which would increase the baseline noise and could negatively impact the residents in the area, he recommended that there should be a maximum threshhold to help with baseline creep. During further discussion, City Manager Leiper asked Mr. Charlie Canatella, Plant Manager for TMK IPSCO, that if the 65 by night and 75 by day would be unreasonable for a maximum cap limit. Mr. Canatella stated that those maximum limits were doable. In regards to violations of the noise complaints, Council Member Hoskins inquired if each violation would serve as an independent stand -alone infraction. City Manager Leiper stated that each violation is stand -alone and would be dealt with as such. Ms. Beverly Valentino, Representative of Friends of Cedar Bayou commended City Manager Leiper for his presentation regarding the noise ordinance to the Chambers County Commissioners Court. She stated that there was a concern about how to identify the noise maker. City Manager Leiper stated that the health or the police department would have to determine where the noise was coming from because the meter detects the noise, but that all resources would be considered. Council Member Hoskins stated that there is technology that would allow the identification of the noise source. Council Member Sheley inquired if whether the police department would be aggressive in combating noise issues. Chief Dougherty stated that the police department would continue to enforce the noise ordinance as always, and would have to go to the location of the noise to identify the source. City Manager Leiper stated that he did not anticipate that this noise ordinance would impact a loud muffler or loud radio any more than it is now and there are other items that would take precedent over noise complaints. He stated that the intent of this ordinance is to cover unreasonable noises and not a noise ordinance where you would never hear noise again. Council Member Hoskins stated that regulatory agencies change the rules regarding industry all the time which is common to them. Ms. Valentino inquired if it was possible to share the data with the Friends of Cedar Bayou and to have a dialogue regarding what was acceptable. City Manager Leiper stated that the data could be available as it would be complaint driven. Mr. Charlie Canatella stated that up to this point the company has spent an estimated $400,000 in noise abatement and is concerned that if there's a moving target as it relates to the noise Work Session Regular Meeting Minutes January 10, 2013 Page 3 of 3 ordinance, then they would not be able to remain in compliance. Council Member McCartney asked Mr. Canatella what noise abatements have been done, because he does not see a change in the noise level and that he hears the most noise when the pipes are moved and dropped Mr. Canatella stated that they have built another bum with plans of planting shrubs on top of it and have lowered the slopes of the racks as well. Mr. Canatella stated that this week they didn't run, but have gotten more complaints than in the past which is confusing. 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the January 10, 2013, City Council Regular Work Session at 6:15 P.M.