2004 02 12 WS MinutesMINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 12, 2004
The City Council of the City of Baytown, Texas, met in work session on February 12, 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 implementation of tax freeze for the elderly and disabled.
Mr. Jackson related that staff had studied the impact of the implementation of Proposition 13 as
it affects the individual and the City. He introduced Donna Sams, Finance Director, and Rhonda
Young, Treasurer. Ms. Young made the presentation.
Proposition 13 allows local governments to establish a tax limit or freeze on the homestead
residences of persons over the age of 65 or for persons who are disabled. Taxes on the property
can only increase if new improvements are made. The taxes can decrease with a decrease in the
appraised value. The property owner can transfer the tax limitation to a new homestead within
the same local government. The limitation will transfer to a surviving spouse, if the surviving
spouse is at least 55 years of age. The tax limit or freeze can be established by ordinance or by
petition and election. Ms. Young explained how the transfer of the limitation worked by using
the example of a person moving from a home valued at $80,000 to a $125,000 home. The
limitation percentage is 17.5% and the result with the limitation is that the homeowner would
pay $161.23 on the new house, $207.29 less than would be paid by a homeowner without the
limitation. In the second example, Ms. Young demonstrated that a homeowner could move from
a $62,000 home to a $125,000 home and not pay any taxes, as the tax percentage on the original
home was 0 %.
Ms. Young explained that the law currently allows persons over the age of 65 to defer payment
of taxes on their homestead. The City cannot force them from their homes, however the taxes
accrue interest at 12% per annum and will be due and payable when they move from or sell the
home.
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Minutes of the Work Session — February 12, 2004
The increase in the appraised value of residential homesteads has been relatively equal for
homesteads of persons under 65, of persons 65 and over, and the disabled.
A tax freeze for those over 65 and the disabled projected to reduce the revenue to the City, based
on the appraised value growth rate, in fiscal year 2005 -2006 by $152,678. This projected
amount is equivalent to the debt service on $1.9 million debt.
Mr. Jackson reminded Council that the 2001 bond was estimated to increase the tax rate by 2.5
cents. This increase has been avoided by growth in the taxable property. Enacting a tax freeze
would make it more difficult to avoid implementing the tax increase to pay for the 2001 bonds.
Ms. Young noted that the projected reduction in revenue is equivalent to .4 of 1% on the tax rate.
The projection for reduced revenue cumulatively over 5 years is $1 million and over 10 years is
$2.8 million. The tax freeze applicable to Goose Creek Consolidated Independent School
District has shown an increase in the amount of reduced revenue each year. Currently, of the
persons that are 65 years of age or older or disabled, 38% pay no taxes to the City and 56% pay
$100 or less in taxes to the City. Of all tax accounts of the City, 21% are aged 65 or older or
disabled. The over 65 population in Baytown is growing.
Council Member Murray observed that the item is not time - critical. Ms. Sams stated that the
benefit of Proposition 13 would be realized if action is taken before the next tax rate is set.
Mayor Alfaro stated that the Council must look at all the information and the impact on all of the
homeowners in the City. Council Member Sheley stated that the Texas Municipal League will
provide information on the subject after a detailed study. Mr. Jackson noted that once enacted,
there is no provision to repeal or amend the freeze. Council Member Mundinger asked that staff
provide information related to exemptions in neighboring communities.
Review and discuss bids for sale of Bayland Island restaurant building.
City Manager, Gary Jackson, related that invitations to bid on Bayland Island, both for the sale
of the entire island and for sale of the former restaurant building, had been issued on two
occasions. In response to the second invitation to bid, four bids for the purchase of the former
restaurant building were received. The highest bidder is Angel Brothers Enterprises, LTD. Mr.
Jackson explained that the persons requesting bid packets complained of certain language in the
proposed lease. In response, staff prepared addenda to the bid packets. Mr. Jackson explained
the changes reflected in the addenda. The changes included revisions related to maintenance of
the premises and insurance requirements. The prohibited uses remained as follows: industrial
facilities, junk or salvage yard, sexually oriented business, or any use that would affect the ability
to sell alcoholic beverages on the island or at Bayland Park. Mr. Jackson told Council that if
they did not find the changes acceptable, they should reject the bids.
Mr. Jackson stated that the bid did not affect the ships store. There is an item on the agenda to
pay off the restaurant building note. Funds will be available to make repairs to the ships store.
Additionally, the City has been contacted by one person interested in leasing a pad site for
development on the island.
Bob Leiper, Assistant City Manager, responded to an inquiry by stating that the restaurant
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Minutes of the Work Session — February 12, 2004
purchaser will have access and utilization of 50 spaces in the parking lot. The parking lot can be
expanded as new uses are created. The ground lease on the former restaurant building is $1 per
month and a maintenance fee of $500 per month. The maintenance fee is tied to the consumer
price index. The same or very similar terms will be offered for any other ground lease. Council
Member Murray noted that the building and all personal property in the building will be taxable.
Mr. Leiper informed Council that the A &E Committee approved a firm to do an investigative
study on the ships store. The contract has been negotiated and is ready to be signed, if Council
approves the sale of the former restaurant building.
Discuss downtown redevelopment.
Mr. Jackson advised Council that is item is being discussed to seek guidance from the Council.
The City lost the services of Pete Brooks, the Downtown Coordinator. The next step in the
redevelopment of the downtown is to complete a master plan. A draft for a request for proposals
for a master plan has been completed. It is more expedient to have a consultant complete the
master plan than to task the Baytown Downtown Association (BDA) or to hire a new
coordinator.
Gregory Stubbs, Planning Director, reported that he had attended a recent BDA meeting. Grant
funds from the Community Development Block Grant are available to pay for the consultant.
BDA discussed the direction for downtown and determined that completion of the master plan is
the first priority. BDA has started the plan. Mr. Stubbs displayed an example of a master plan
from Lewisville, Texas. The master plan should contain the goals, objectives, policies and the
long -range plan. It could contain some design elements. The focus will be on Texas Avenue
first, then on Market Street and Alexander Drive. The master plan is the beginning document
and other documents will follow.
Dr. Martha Ellis, President of BDA, credited the progress of the BDA to the funding from the
Community Development Block Grant. The master plan is a top priority. The BDA has filed for
its non - profit status. After the master plan is finished the next goal will be participation in the
Main Street Program. Merchants and members of BDA have provided support.
Review and discuss "Conference Center Decision Tree."
Mr. Jackson reminded Council of the joint meeting with the Tax Increment Reinvestment Zone
Number One Board of Directors concerning the concept of a convention center. In 1998
certificates of obligation were sold for several projects, including $4 million for a convention
center. The certificates also included water and sewer projects and the jail and communications
project. Crime Control & Prevention District funds were used to pay the indebtedness on the jail
and communications project.
Several attempts were made to enter into an agreement with a builder /operator of a hotel and
convention center on Bayland Island. Then discussions about locating the convention center at
or with San Jacinto Mall occurred. Other locations have also been mentioned. The discussion
tonight is to explain how the "decision tree" operates.
The first question to be answered is whether or not Baytown needs a convention center. The
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Minutes of the Work Session — February 12, 2004
answer to that question leads to an answer or further questions. If a convention center is needed,
f it must be decided whether the convention center should be privately funded or whether it should
be fully or partially publicly funded. If the answer is "no" at anytime, then the debt should be
"defeased." If the determination is that public funds should be involved in the convention center,
then the potential locations should be evaluated based on access, construction costs, operation
costs a nd t he a cceptable r isk t o t he C ity. T he v arious 1 ocations c an b e c ompared. After the
locations are assessed, the decision must be made whether or not any site is suitable.
Bond counsel has rendered advice on the use of the proceeds of the certificates of obligation and
on the $1.5 million in interest earnings. The money must be spent to pay the certificates or for
one of the purposes stated in the original issuance. The funds can be used for a convention
center or for water and sewer improvements as defined in the issuance. Although Hotel
Occupancy Tax funds were used to make the scheduled payments on the debt, the character of
the funds has changed from Hotel Occupancy Tax funds to bond proceeds. The funds cannot be
returned to the Hotel Occupancy Tax fund.
Discuss amendment of direction given to the Charter Review Committee.
This item was not discussed during the work session and held for discussion during the regular
session.
Discuss appointments.
Appointments to the Baytown Industrial Development Corporation Board and the Baytown
Library Board were held for discussion during the regular session.
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 6:18 p.m.
Gap§ W. Stlifth
City Clerk