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2008 09 11 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS September 11, 2008 The City Council of the City of Baytown, Texas met in a regular meeting on September 11, 2008 at 6:30 P.M. in the Council Chamber of the City of Baytown with the following in attendance. Lena Yepez Council Member Lynn Caskey Council Member Brandon Capetillo Council Member Terry Sain Council Member David McCartney Council Member Scott Sheley Council Member 6:30 P.M. Mayor DonCarlos convened the September 11, 2008 regular meeting with a quorum present. Special presentation of the Colors by the combined Police/Fire Honor Guard in remembrance of those who lost their lives on September 11, 2001. Pledge of Allegiance to the United States of America led by Council Member Capetillo. Invocation by Police Chaplain Turner. 1. MINUTES a. Minutes - City Clerk. Considered approval of the minutes from the August 28, 2008 City Council regular meeting. Motion made by Council Member , seconded by Council Member approving the minutes from the September 11, 2008 City Council regular meeting. Ayes: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley and Mayor DonCarlos. Nayes: None. The motion carried. 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS. a. Recognition: Presentation of the Youth of the Month Award - Parks and Recreation. Presentation of the Youth of the Month Award to Jessica Bitterly, a senior at Robert E. Lee High School. b. Citizen Communications - Mr. Ken Williamson. Mr. Ken Williamson would like to address City Council concerning City Mower vehicle's inspection and registration stickers and the drivers not wearing seatbelts. c. Citizen Communication - Mr. Wajih Rekik. Mr. Wajih Rekik would like to address City Council concerning the Zoning Ordinance impacting his place of business. d. Recognition - Police Department. Welcome new police officer Jason Cox. 3. PUBLIC HEARINGS a. Public Hearing: Zoning Amendment 3606 W Baker Road. Conduct a public hearing regarding the application of Sharon Locher Rogers for a zoning amendment for property legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. b. Public Hearing: Zoning Amendment 101 South Robert Lanier - Planning Department. Conduct a public hearing regarding the application of J. Michael Boyd to amend the official zoning map of the City of Baytown concerning certain tracts of land located at 101 South Robert Lanier, legally described as TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. 4. MOTIONS a. Receive the 2008 Harris County and Chambers County Certified Appraisal Rolls Receive the 2008 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. b. Receive Certification of 2008 Anticipated Collection Rate from the City of Baytown Tax Assessor/Collector. Receive Certification of 2008 Anticipated Collection Rate from the City of Baytown Tax Assessor/Collector. c. Receive the 2008 Effective and Rollback Tax Rate Calculation Receive the effective and rollback tax rate calculation for the 2008 tax year (Fiscal Year 2008-09). 5. PROPOSED ORDINANCES Agenda Items 5a through 5e are all related to the adoption of the 2008-2009 Budget for the City of Baytown and can be taken together, if City Council so chooses, in one motion. a. Adopt the 2008-09 Municipal Budget - Finance Department. Consider proposed ordinance adopting the 2008-09 City of Baytown Budget. Consider proposed ordinance adopting the 2008-09 City of Baytown Budget. b. Ratifying 2008-2009 Property Tax Increase - Finance Department. Consider an ordinance ratifying the property tax increase reflected in the budget. c. Approving the Baytown Area Water Authority 2008-09 Budget - Finance Department. Consider an ordinance approving the 2008-09 Baytown Area Water Authority Budget. d. Amending Water and Sewer Rates - Finance Department. Consider an ordinance amending the Code of Ordinances, Chapter 98, “Utilities,” Sections 98-59 and 98-91 to increase water and sewer rates. e. Amending Solid Waste Rates Consider an ordinance amending the Code of Ordinances, Chapter 86 "Solid Waste," Article II "Residential Solid Waste," Division 3 "Fees and Charges and Billing Procedures," Section 86-101 "Charge for Collection," Subsections (a), (d) and (e); and Division 2 "Small Business Waste Collection Service," Section 86-166 "Contract for Garbage Collection" of the Code of Ordinances, Baytown, Texas, to increase the collection rate. f. City Council schedules public hearings on 2008-2009 tax rate - Finance Department. Consider an ordinance proposing to increase tax revenues from property on the tax roll in the preceding year, setting two public hearings on such proposal to increase tax revenues for the 2008-2009 fiscal year; and setting the meeting at which the City Council will vote on the proposed tax rate. g. Zoning Amendment 3606 W Baker - Planning Department. Consider an ordinance amending the official zoning map of the City of Baytown concerning a certain tract of land located on the north side of West Baker Road, east of Village Lane, legally described as Lot 2A, Block 2 out of The Village, Baytown, Harris County, Texas from Urban Neighborhood to Mixed Use. h. Zoning Amendment 101 South Robert Lanier - Planning Department. Consider an ordinance amending the official zoning map of the City of Baytown concerning certain tracts of land located at 101 South Robert Lanier, legally described as TRS 3H-2 & 10, TRS 3H-2A & 10A, ABST 66 W. Scott Survey, Baytown, Harris County, Texas from Mixed Use to Light Industrial. i. First Reading Annexation 361 acres - Planning Department. Consider an ordinance for the first reading of the ordinance annexing property currently within the extraterritorial jurisdiction of the City of Baytown and being a 361-acre tract of land located west of Barkuloo Road, East of Garth Road, North of Archer Road and South of Interstate 10 in Harris County, Texas. j. Meet & Confer Agreement - Human Resources Department. Consider an ordinance approving a Meet & Confer Agreement with the Baytown Municipal Police Association, Inc. 6. PROPOSED RESOLUTIONS a. Grant Application-Lowe's Charitable Foundation - Parks and Recreation. Consider a resolution authorizing the City to submit a grant application to Lowe's Charitable and Educational Foundation to purchase various amenities for a dog park. 7. CONSENT a. Resolution: Chambers County Annual FAA Aerial Mosquito Control Authorization - Health and EMS Department. Consider a resolution authorizing the Chambers County Mosquito Control department to use aerial application methods for the purpose of mosquito control within that portion of Baytown that is within Chambers County. b. Ordinance: Law Enforcement Services Agreement with GCCISD - Police Department. Consider an ordinance authorizing two agreements with Goose Creek Consolidated Independent School District for law enforcement services. c. Ordinance: Municipal Development District Interlocal for BNC Project - Parks and Recreation Department. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding up to $201,543 for the Baytown Nature Center – Crystal Bay Shoreline Stabilization and Fishing Pier Project. d. Ordinance: Renewing the contract with Holmes Murphy as Benefits Consultant - Human Resources Department. Consider an ordinance renewing the annual contract to Holmes Murphy for Benefits Consultant/Broker. e. Ordinance: Renewing the contract with OptumHealth Behavioral Solutions (EAP) - Human Resources Department. Consider an ordinance renewing the annual contract to OptumHealth Behavioral Solutions (formerly United Behavioral Health) for Employee Assistance Program Services (EAP). f. Ordinance: Designating San Jacinto Medical Group for City Physician Services - Human Resources Department. Consider an ordinance renewing the annual contract to San Jacinto Medical Group for City Physician Services. g. Ordinance: Remove the statutory maximum contribution rate limit on TMRS - Human Resources Department. Consider an ordinance removing the statutory maximum contribution rate limit on Texas Consider an ordinance removing the statutory maximum contribution rate limit on Texas Municipal Retirement System. h. Ordinance: Renewing of a Purchased Service Agreement with San Jacinto Methodist - Human Resources Department. Consider an ordinance renewing the Purchased Services Agreement with San Jacinto Medical Group for an employee health clinic including the medical services, supplies and location. i. Ordinance: 2nd Renewal of the Annual Thermo Pavement Markings Contract #062-08 - Finance Department. Consider an ordinance awarding the second renewal of the annual Thermo Pavement Markings Contract. j. Ordinance: Authorize Expenditures for Residential Solid Waste Collection and Disposal Services Contract (10-1-08) - Finance Department . Consider an ordinance authorizing expenditures for the residential solid waste collection and disposal services contract. k. Ordinance: 3rd Renewal of the Annual Gasoline and Diesel Fuel Contract, #024-09 - Finance Department. Consider an ordinance awarding the third renewal of the annual gasoline and diesel fuel contract. 8. 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 hereinbelow, 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 office r. 9. ADJOURN