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2007 10 11 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 11, 2007 - 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on October 11, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena R. Yepez Council Member Don Murray Council Member Lynn A. Caskey, II Council Member Sammy Mahan Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Robert D. Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Council Members Sheley and Capetillo were absent. Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present. MINUTES Consider approval of the minutes for the Regular Council Meeting and the Work Session Meeting held on September 27, 2007. Council Member Mahan moved to approve the minutes with amendments to pages 8 and 9. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Yepez, Mahan, and Murray Mayor DonCarlos Nays: None Abstain: Council Member Caskey The motion carried. PROPOSED ORDINANCES Consider Proposed Ordinance adopting the tax rate for General Fund Maintenance and Operations at $.45700 per $100 valuation for the fiscal year ending September 30, 2008, and adopting the tax rate for Debt Service at $0.28003 per $100 for the fiscal year ending September 30, 2008. Page 2 of 9 Minutes of the Regular Session Meeting— October 11, 2007 Garry Brumback explained that the Proposed Ordinance adopts the tax rate for General Fund Maintenance and Operations at $.45700 per $100 valuation for the fiscal year ending September 30, 2008, and adopting the tax rate for Debt Service at $0.28003 per $100 for the fiscal year ending September 30, 2008. The City’s tax rate consists of the following two components, each of which must be approved separately: 1. The rate that, if applied to the total taxable value, will impose the amount of taxes needed to pay debt service; and 2. The rate that, if applied to the total taxable value, will impose the amount of taxes needed to fund maintenance and operation expenditures of the City for the next year. Sections 2 and 3 of the proposed ordinance adopt, assess and levy the tax rate for General Fund Maintenance and Operations; and Sections 4 and 5 of the proposed ordinance adopt, assess and levy the tax rate for debt service. The proposed tax rate of $0.45700 per $100 valuation for maintenance and operations together with the proposed tax rate of $0.28003 per $100 valuation for debt service does not exceed the effective tax rate or the rollback rate and is the same tax rate that the City has adopted since 1992. However, because the proposed ordinance sets a tax rate that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year, the City is required to include in the ordinance setting the rate and on its website the following statement in large type: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. Council Member Caskey moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, and Caskey Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 9 Minutes of the Regular Session Meeting— October 11, 2007 Mayor DonCarlos did not participate in the discussion or vote on the next item as his law firm conducts business with the parties involved in the item. Consider Proposed Ordinance approving an Earnest Money Contract with Matthew Brunson Martin, Mary (Kathryn) M. Jeter, Raymond Hance Martin, Sarah L. Martin, Edna Heaslet Ackers, Frances Heaslet McManus Williams, Sandra Lee White f/k/a Sandra Lee McKnight, Christy Bogard Gregory, and Bradley Bogard for the purchase of 56.8632- acres for certain municipal purposes. Deputy City Manager Leiper explained that the Proposed Ordinance approves an Earnest Money Contract with Matthew Brunson Martin, Mary (Kathryn) M. Jeter, Raymond Hance Martin, Sarah L. Martin, Edna Heaslet Ackers, Frances Heaslet McManus Williams, Sandra Lee White f/k/a Sandra Lee McKnight, Christy Bogard Gregory, and Bradley Bogard (collectively, the Sellers) for the purchase of 56.8632-acres for certain municipal purposes. On September 13, 2007, the City Council authorized an interlocal agreement with the Baytown Municipal Development District (MDD) for the purchase of this property. In such agreement, the City agreed to attempt to purchase the property and the MDD agreed to pay an amount not to exceed $425,000.00 for the same. Pursuant to the earnest money contract, the purchase price of the property is $402,500 with the Sellers retaining the mineral rights. The contract has been signed by the Sellers but is contingent upon the City Council’s approval as well as an environmental assessment acceptable to the City. The stated closing date is on or before November 30, 2007 Council Member Mahan moved to approve the Ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, and Caskey Nays: None Abstained: Mayor DonCarlos The motion carried. ORDINANCE NO. 10,729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE EARNEST MONEY CONTRACT WITH MATTHEW BRUNSON MARTIN, MARY (KATHRYN) M. JETER, RAYMOND HANCE MARTIN, SARAH L. MARTIN, EDNA HEASLET ACKERS, FRANCES HEASLET MCMANUS WILLIAMS, SANDRA LEE WHITE F/K/A SANDRA LEE MCKNIGHT, CHRISTY BOGARD GREGORY, AND BRADLEY BOGARD FOR THE PURCHASE OF 56.8632-ACRES OF LAND ADJACENT TO JENKINS PARK; AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($425,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4 of 9 Minutes of the Regular Session Meeting— October 11, 2007 PROPOSED RESOLUTIONS Consider Proposed Resolution nominating a candidate to fill the vacancy on the Harris County Appraisal District Board to represent Cities and Towns other than the City of Houston. City Manager Brumback explained that the Proposed Resolution accepts Councils' nomination for a candidate to fill the vacancy on the Harris County Appraisal District Board to represent Cities and Towns other than the City of Houston. Council Member Mahan moved to nominate Steve Daniele to fill this vacancy. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, and Caskey Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution cancelling the special City Council meeting scheduled for November 15, 2007, and calling a special City Council meeting for Monday, November 19, 2007, at 6:30 p.m. Lorri Coody, City Clerk explained that the Proposed Resolution cancels the special City Council meeting scheduled for November 15, 2007, and calls a Special City Council Meeting for Monday, November 19, 2007, at 6:30 p.m. The Thanksgiving meeting is normally rescheduled. This meeting was previously rescheduled for November 15th to accommodate the canvass of votes from the November 6th bond election. This rescheduling of the Special Council Meeting is necessary in order to allow additional time to prepare the election returns for the canvass of both Harris and Chambers Counties. Council Member Caskey moved to approve the Resolution as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, and Caskey Mayor DonCarlos Nays: None The motion carried. Page 5 of 9 Minutes of the Regular Session Meeting— October 11, 2007 RESOLUTION NO. 1889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELLING THE SPECIAL CITY COUNCIL MEETING SCHEDULED FOR NOVEMBER 15, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON NOVEMBER 19, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. REPORTS Receive an update on the construction of the Northeast Wastewater Treatment Plant to include the plant and the three off-site sanitary sewer line contracts. Richard Carter, Director of Engineering presented a report to council concerning the Northeast Wastewater Treatment Plant. His report consisted of bringing up-to-date on the status of the 4 separate contracts that are connected with this project as follows: NEWWTP OFFSITE CONTRACT 1 • Engineer: Pate Engineers • Contractor: George Construction • Construction Cost: $ 4,736,187 • Contract Time: 300 Days • Percent Complete Cost: 5% Time: 17% Anticipated Completion: Summer 2008 NORTHEAST OFFSITE CONTRACT II • Engineer: Pate Engineers • Contractor: Huff and Mitchell, Inc. • Construction Cost: $724,645 • Contract Time: 800 Days • Percent Complete Cost: 0% Time: 0% Anticipated Completion: Summer 2008 Page 6 of 9 Minutes of the Regular Session Meeting— October 11, 2007 NEWWTP OFFSITE CONTRACT III • Engineer: Pate Engineers • Contractor: To Be Determined. • Estimated Construction Cost: $ 1,000,000 • Contract Time: 120 Days • Project is in final design with Bids anticipated January 2008 Anticipated Completion: Summer 2008 NORTHEAST WASTEWATER TREATMENT PLANT • Engineer: LJA Engineers • Contractor: CSA Construction • Construction Cost: $ 17,514,030 • Contract Time: 730 Days • Percent Complete Cost: 23% Time: 52% Anticipated Completion: Fall 2008 CONSENT Council Member Mahan moved to approve the Consent agenda items 5a through 5c. Council Member Caskey seconded the Motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, and Caskey Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for a Transportation Thoroughfare Plan. ORDINANCE NO. 10,730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF A Page 7 of 9 Minutes of the Regular Session Meeting— October 11, 2007 TRANSPORTATION THOROUGHFARE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance authorizing an Interlocal Agreement with the Baytown Municipal Development District to repay a $1 million loan from the State Infrastructure Bank (SIB) for the flyover from Spur 330 to State Highway 146 South. ORDINANCE NO. 10,731 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF A ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) SIB LOAN FOR THE DIRECT CONNECTORS AND BRAIDED RAMP ALONG STATE HIGHWAY 146 AT SPUR 330; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance accepting the Fire Department Equipment Shelter and authorizing final payment. ORDINANCE NO. 10,732 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE FIRE DEPARTMENT EQUIPMENT SHELTER PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIX THOUSAND THREE HUNDRED THIRTY-NINE AND 40/100 DOLLARS ($6,339.40) TO DAN'S COMMERCIAL PLUMBING, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. APPOINTMENTS Consider appointment to the Parks and Recreation Board (1). Council Member Mahan moved to confirm the Mayor’s appointment of Kevin Jones to serve on the Parks and Recreation Board for the term to begin on August 31, 2007 and end on August 31, 2010. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor DonCarlos Nays: None The motion carried. Page 8 of 9 Minutes of the Regular Session Meeting— October 11, 2007 Consider appointment to the Planning and Zoning Commission (1). Council Member Caskey moved to confirm the Mayor’s appointment of Daniel D. Williams to serve on the Planning and Zoning Commission and complete the unexpired term of Lewis McRee to end on December 31, 2007. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez and Caskey Mayor DonCarlos Nays: None The motion carried. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated herein below, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. Session not needed. MANAGER'S REPORT Early Voting by Personal Appearance will begin on October 22, 2007 and end on November 2, 2007. Lorri Coody, City Clerk, gave information to Council concerning early voting branch polling locations and hours. Household Hazardous Waste Collection Day - Saturday, October 27 from 8:00 a.m. to 2:00 p.m. Mike Lester, Director of Health, announced the City’s household hazardous Waste Collection day. City Council articles for the November newsletter. Assistant City Manager, Kelvin Knauf told Council that each November and June, the newsletter that is included in the utility bill contains an article from the Mayor and each Councilmember. Page 9 of 9 Minutes of the Regular Session Meeting— October 11, 2007 th These articles are needed no later than 5:00 PM on October 18 in order to be included in the November newsletter. ADJOURN Council Member Mahan moved to adjourn the meeting. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Yepez, and Caskey Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 6:48 p.m. ______________________________ Lorri Coody, City Clerk