2001 08 23 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 23, 2001
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on August 23, 2001, at
6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Mercedes Renteria III
Council Member
Ronnie Anderson
Council Member
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
The meeting was opened with a quorum present and Council Member Sheley led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Mayor Alfaro recognized the high school students present. Mayor Alfaro recognized Chambers
County Commissioner Bill Wallace and Rusty Senac, Mayor, Beach City.
Consider approval of minutes of the work sessions held on August 6, August 8, and August
9, 2001, the regular meeting held on August 9, and the special meeting held on August 13,
2001.
Council Member Murray moved approval of the minutes of the work sessions held on August 6,
August 8, and August 9, 2001, the regular meeting held on August 9, and the special meeting
held on August 13, 2001. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
Council Member Sheley abstained from voting on the minutes of the work sessions held on
August 6 and August 8 and
abstained from voting on t)
meeting held on August 13.
meeting held on August 13.
The motion carried.
the special meeting held on August 13. Council Member Renteria
ie minutes of the work session held on August 6 and the special
Mayor Alfaro abstained from voting on the minutes of the special
id
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Minutes of the Regular Session - August 23, 2001
Receive and discuss the Annual Report from the Baytown Housing Authority.
Stephen Jean, Director of the Baytown Housing Authority, presented the annual report of the
Authority to City Council.
Consider Proposed Ordinance No. 010823 -4, awarding the Annual Sanitary Sewer
Rehabilitation Contract — Year 2001.
The ordinance awards the Annual Sanitary Sewer Rehabilitation Contract — Year 2001 to P. M.
Construction and Rehabilitation, L.P. in the amount of $887,875. Four potential bidders attended
the mandatory prebid meeting and we received three bids. The scope of work includes
rehabilitation of existing sanitary sewer conveyance system primarily using the pipe bursting
method and includes removal and replacement by open trench methods as needed. P. M.
Construction and Rehabilitation, L.P. was awarded the Annual Sanitary Sewer Contract — Year
2000, and performed in a workman -like manner, with efficient operations while keeping the
worksite clean. Engineer's estimated construction cost was 51,000,000. Construction duration is
one calendar year and will be funded by 2000 Certificates of Obligation.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried
ORDINANCE NO. 9207
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH P.M. CONSTRUCTION
AND REHABILITATION, L.P., FOR THE ANNUAL SANITARY SEWER
REHABILITATION CONTRACT - YEAR 2001; AUTHORIZING PAYMENT OF THE SUM
OF EIGHT HUNDRED EIGHTY -SEVEN THOUSAND EIGHT HUNDRED SEVENTY -FIVE
AND N0/100 DOLLARS ($887,875.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Receive the 2001 Appraisal Roll as certified by the Harris County Appraisal District.
The Harris County Appraisal District certified the 2001 Appraisal Roll on August 10, 2001, and
the City received the same on August 13, 2001. In accordance with Section 26.04 of the Texas
Property Tax Code the following values are submitted:
Total Appraised Market Value $2,069,674,700
Total Taxable Value $1,678,131,020
Total Uncertified (Owner's Value) $ 143,036,114
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Minutes of the Regular Session - August 23, 2001
Receive effective Tax Rate and Rollback Calculation for 2001 Tax Year.
In accordance with Section 26.04 of the Texas Property Tax Code, the Finance Department
submits the effective tax rate and the rollback tax rate of $0.70471 and $0.76884 per $100
valuation, respectively. The effective tax rate is a complicated formula. Basically, it is the tax
rate that would be required to generate the same amount of revenue for the new budget year as
was generated during the most recent year, using the existing tax base, less new growth. The
rollback tax rate is the tax rate at which the citizens can petition for a rollback election. Section
26.04(e) of the Texas Property Tax Code requires that we publish the effective tax rate (although
it is not the tax rate we are establishing) and the rollback rate (although we are not at that rate).
A copy of the effective and rollback rate calculation worksheet and publication is enclosed in the
packet. These rates and the method of calculation will be published in accordance with Section
26.04 of the Texas Property Tax Code. The City has historically used 100% of its collection rate
for calculation of its effective tax.
Consider proposed tax rate for Tax Year 2001.
Texas Tax Code, Sections 26.05 and 26.06 require the City Council to consider and vote on a
proposed tax rate when the proposed rate exceeds the lower of the roll back rate or 103% of the
effective tax rate. Due to the increased appraised values of property within the City, the
proposed rate, which is the same rate as last year, exceeds the effective tax rate by more than
103 %. Additionally, a public hearing on the proposed tax rate is required and will be called by
item 13. b (on September 4, 2001, at 6:45 p.m.). Requisite notices will be published in the
Baytown Sun giving notice of the public hearing and final vote on the proposed tax rate for Tax
Year 2001.
Council Member Sheley moved approval of the proposed tax rate. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried
Consider confirmation of the Mayor's appointments to the Parks and Recreation Board.
The terms of William "Bill" Gilbert and Ralph Ugalde, as members of the Parks and Recreation
Board, expire on August 31, 2001. Mayor Alfaro announced the appointment of Howard Hunt in
the place of William "Bill" Gilbert, subject to Council's confirmation.
Council Member Murray moved confirmation of the Mayor's appointment of Howard Hunt to
the Parks and Recreation Board to fill Mr. Gilbert's position. Council Member Sheley seconded
the motion. The vote follows:
im
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Minutes of the Regular Session - August 23, 2001
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Board of Adjustment.
The terms of William J. Reineke, Mary Ann Tucker, Mike Wilson, Bobby Lintelman, and Jon
Pfennig expired on July 27, 2001. Except for Mr. Pfennig, members are willing to serve again if
Council reappoints them. Mr. Reineke, Ms. Tucker, Mr. Wilson, and Mr. Lintelman attended
each of the four meetings held since May, 2000.
Council Member Sheley moved appointment of William J. Reineke, Mary Ann Tucker, Mike
Wilson, and Bobby Lintelman to the Board of Adjustment. Council Member Renteria seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to Local Law Enforcement Block Grant Advisory Board.
This item was not ready for consideration.
Hold public hearing on location of telecommunications tower at 2301 Decker Drive at 6:45
p.m.
Mayor Alfaro opened the public hearing at 6:45 p.m. Manager Mercer stated that Section 130-
121 of the Code of Ordinances requires that a public hearing be held before the granting of a
Special Use Permit. Notice of the public hearing was published in the Baytown Sun on Saturday,
August 11, 2001, more than 10 days before the public hearing.
Sue Curtis, AT &T Wireless Services, spoke in favor of issuance of the Special Use Permit.
John McGill withdrew his request to speak to the issue.
Michael Smith questioned the revenue stream from the tower.
The public hearing was closed at 6:50 p.m.
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Minutes of the Regular Session - August 23, 2001
Consider Proposed Ordinance No. 010823 -1, granting a special use permit to AT &T
Wireless Services for location of a 140 -foot monopole telecommunications tower and
antenna at 2301 Decker Drive.
At its June 20, 2001 meeting, the Growth Management and Development Advisory Commission,
considered the request for a Special Use Permit for the placement of the 140 -foot monopole
tower and antenna. The property is zoned Mixed Use (MU) and towers are permitted in the MU
district with a Special Use Permit. Based on the location of the tower and the criteria established
in the Cable Communication Ordinance, the Growth Management and Development Advisory
Commission unanimously recommends approval.
Council Member Anderson moved approval of the proposed ordinance. Council Member
Mundinger seconded the motion. In discussion it was established that the tower meets the break
point requirements. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A SPECIAL USE PERMIT TO AT &T WIRELESS SERVICES TO LOCATE A
140 -FOOT MONOPOLE TELECOMMUNICATIONS TOWER AND ANTENNA AT 2301
DECKER DRIVE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Hold public hearing on the proposed 2001 -2002 City of Baytown Budget at 6:55 p.m
Mayor Alfaro opened the public hearing at 6:55 p.m. Prior to adoption of a budget, Texas Local
Government Code, Section 102.006 and Section 43 of the Charter, City of Baytown, require that
a public hearing on the proposed budget be held and any taxpayer of the municipality may attend
and may participate. Notice of the public hearing was published in the Baytown Sun on
Wednesday, August 15, more than seven days before the public hearing.
Manager Mercer explained that no tax increase was proposed in the budget, that it meets the
needs of the community, of the Baytown 2020 Plan, and the Council's priorities of infrastructure
improvements, traffic control, enforcement, and transportation, City image and beautification,
personnel and compensation, planning and zoning, and economic development.
No one signed the list to speak on the proposed 2001 -2002 City of Baytown Budget
The public hearing was closed at 6:57 p.m.
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Minutes of the Regular Session - August 23, 2001
Consider Proposed Ordinance No. 010823 -2, authorizing a Letter Agreement retaining
Olson & Olson to represent the City in a declaratory judgment action against U.S.X.
Corporation.
This item was withdrawn from consideration.
Consider Proposed Resolution No. 010823 -1a, authorizing the City to seek party status in
the pending solid waste, storm water and air quality permits of TSP Development Ltd. of
Kingwood in the Texas Natural Resource Conservation Commission's administrative
proceeding.
The City of Baytown, being concerned about any development within its corporate limits or
extraterritorial jurisdiction that would negatively impact the environmental quality of the area or
the quality of life for its citizens, has closely monitored the progress of the permitting process of
the TSP landfill since January, 1997. However, because of a provision in its industrial district
agreement with U.S.X. Corporation, the City, based upon the legal advice of a law firm in Austin
and one in Houston, has refrained from engaging in any regulatory or enforcement activity
concerning the proposed TSP development that is the responsibility of a state or federal agency.
Nonetheless, the City has decided that it is has both the responsibility and the authority to protect
the health, safety and welfare of its citizens and their property interests. Therefore, this
resolution authorizes the City to seek party status in the pending TNRCC proceedings without
limitation.
The following persons spoke in support of this resolution:
Reba Eichelberger, Gene Poirot, Lisa Urban, Doris Sherron, Frank McKay, Naomi Sasse, Jim
White, Bill Wallace, John McGill, and Mike Smith.
No one spoke against adoption of the proposed resolution.
Manager Mercer read portions of the resolution to the assembly. Mayor Alfaro invited
comments from the Council.
Council Member Renteria said the City should oppose the permits for the TSP landfill and use
whatever available resources to do so.
Council Member Anderson stated that this is the most important issue of the decade for Baytown
and that it is worth the fight, regardless of the risks involved.
Council Member Mundinger commented upon the unity this issue has brought about in the
community, due to the apprehension about the proposed TSP development that citizens feel for
themselves, their families and future generations. Citing his experience in such matters, he noted
that the fight against the granting of the permits has only begun.
Council Member Sheley said that visibility and organization is the key, and that the citizens must
remain active in their opposition.
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Minutes of the Regular Session - August 23, 2001
Council Member Godwin recalled the spirit of the first Texans and said every effort to defeat
TSP's permits should be exhausted. To do otherwise would dishonor those who paid the
supreme price for this country.
Council Member Murray stated that he had moved back to Baytown by choice, and that he will
continue to protect the City he loves.
Council Member Murray moved approval of the resolution. Council Member Sheley seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Mayor Alfaro then read a statement expressing the City Council's concerns regarding the TSP
landfill. He said the City had opposed the landfill from the outset, but had moved with great
caution, due to the industrial district agreement with USX. However, the greater good of the
City and its citizens require the City's participation in opposition to the granting of the permits,
due to the concern that the landfill will be a significant detriment to the public's health, safety
and welfare. He encouraged all citizens to oppose the granting of the permits and to attend the
public meetings the following week in Anahuac.
RESOLUTION NO. 1507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY TO SEEK PARTY STATUS AND PARTICIPATE IN TSP
DEVELOPMENT LIMITED'S SOLID WASTE, STORM WATER AND AIR QUALITY
PERMIT HEARINGS PENDING BEFORE THE STATE OFFICE OF ADMINISTRATIVE
HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 010823 -3, authorizing a Letter Agreement retaining the
law firm of Fritz, Byrne & Head, L.L.P. to represent the City in the proceedings
concerning the pending permit applications of TSP Development for authorization to
construct and operate a non - hazardous solid waste landfill to be located in Chambers
County, Texas.
The proposed agreement allows Mr. Robert Renbarger, the attorney representing Chambers
County as well as Informed Citizens United, to assist the City in seeking party status in the Texas
Natural Resource Conservation Commission's proceedings concerning TSP's solid waste, water
quality and air permit applications.
Council Member Murray moved approval of the proposed ordinance. Council Member
Anderson seconded the motion. The vote follows:
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Minutes of the Regular Session - August 23, 2001
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LETTER
AGREEMENT RETAINING THE LAW FIRM OF FRITZ, BYRNE & HEAD, L.L.P. TO
REPRESENT THE CITY IN THE PROCEEDINGS CONCERNING THE PENDING PERMIT
APPLICATIONS OF TSP DEVELOPMENT LIMITED FOR AUTHORIZATION TO
CONSTRUCT AND OPERATE A NON - HAZARDOUS SOLID WASTE LANDFILL TO BE
LOCATED IN CHAMBERS COUNTY, TEXAS; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NOI100
DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consent Agenda
a) Proposed Ordinance No. 010823 -5 sets the time, date and place of a public
hearing on the proposed fiscal year 2001 -2002 budget of the Baytown Crime
Control and Prevention District. CCPD Resolution No. 2 requires City Council to
conduct a public hearing on the CCPD budget prior to final consideration. The
proposed ordinance schedules the public hearing for September 4, 2001 at 6:30
p.m. in the Council Chamber of Baytown City Hall.
b) Proposed Ordinance No. 010823 -6 sets the time, date and place of a public
hearing on the proposed tax rate for Tax Year 2001. Texas Tax Code, Sections
26.05 and 26.06 require the City Council to hold a public hearing on a proposed
tax rate when the proposed rate exceeds the lower of the roll back rate or 103% of
the effective tax rate. Due to the increased appraised values of property within
the City, the proposed rate, which is the same rate as last year, exceeds the
effective tax rate by more than 103 %. The public hearing will be held at a special
Council Meeting on Tuesday, September 4, 2001, in the Council Chamber of
Baytown City Hall, at 6:45 p.m. Requisite notices will be published in the
Baytown Sun giving notice of the public hearing and final vote on the proposed
tax rate for Tax Year 2001.
C) Proposed Resolutions Nos. 010823 -2 and 010823 -3 amend Resolutions Nos. 1503
and 1504, respectively, which were adopted by City Council on July 26, 2001.
Resolutions No. 1503 and No. 1504 authorized the City Manager to apply for an
outdoor grant of up to $500,000 for the acquisition and development of the
Chandler Arboretum and Park and for an indoor grant of up to $445,000 for the
acquisition and development of the Chandler Arboretum Learning Center. The
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Minutes of the Regular Session - August 23, 2001
following two certifications were inadvertently omitted that must be included in
any Texas Parks and Wildlife Department "Texas Recreation and Parks Account"
grant application:
1. that the City is eligible to receive assistance under the Texas Recreation
and Parks Account Grant Program; and.
2. that the Chandler Arboretum and Park or the Chandler Arboretum
Learning Center, upon completion, shall be dedicated for public park
and recreation purposes in perpetuity.
The revised resolutions insert these provisions into the existing resolutions, as
requested by Texas Parks and Wildlife Department Grants and Aid Program
personnel after having reviewed the grant applications submitted by the City
on July 31, 2001.
Council Member Sheley moved approval of the consent agenda, items a through c. Council
Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE
PROPOSED FISCAL YEAR 2001 -2002 BUDGET OF THE CRIME CONTROL &
PREVENTION DISTRICT; AUTHORIZING AND DIRECTING THE CITY CLERK TO
PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE
PROPOSED TAX RATE FOR TAX YEAR 2001; AUTHORIZING AND DIRECTING THE
CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
W1
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Minutes of the Regular Session - August 23, 2001
RESOLUTION NO. 1508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING RESOLUTION NO. 1503 PASSED ON THE 26TH DAY OF JULY, 2001, TO
CERTIFY THAT THE CITY OF BAYTOWN IS ELIGIBLE TO RECEIVE ASSISTANCE
UNDER THE TEXAS RECREATION AND PARKS ACCOUNT GRANT PROGRAM AND
TO DEDICATE THE CHANDLER ARBORETUM AND PARK FOR PUBLIC PARK AND
RECREATION PURPOSES IN PERPETUITY; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
RESOLUTION NO. 1509
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING RESOLUTION NO. 1504 PASSED ON THE 26T"' DAY OF JULY, 2001, TO
CERTIFY THAT THE CITY OF BAYTOWN IS ELIGIBLE TO RECEIVE ASSISTANCE
UNDER THE TEXAS RECREATION AND PARKS ACCOUNT GRANT PROGRAM AND
TO DEDICATE THE CHANDLER ARBORETUM LEARNING CENTER FOR PUBLIC
PARK AND RECREATION PURPOSES IN PERPETUITY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider appointments to the Board of Directors, Reinvestment Zone Number One, City of
Baytown.
Ordinance No. 9197 authorized City Council to appoint six members of the Board to govern the
Reinvestment Zone. The term of office shall be two years, except the persons appointed to even -
numbered places shall serve an initial one -year term. Texas Tax Code, Section 311.009 requires
appointees to be qualified voters of the City or be at least 18 years of age and an owner of real
property within the zone. To be eligible for appointment by City Council, the individual must be
a qualified voter of the City or be at least 18 years of age and own real property within the zone.
We suggest the additional knowledge or experience:
1. commercial development
2. residential development
3. commercial financial transactions
4. other experience or knowledge would be beneficial for service on the board.
This Ordinance also authorized City Council to appoint the Chair of the Board of Directors of the
Reinvestment Zone. This initial appointment will serve until the end of 2001. A Chair will be
appointed to serve for each calendar year.
Council Member Mundinger moved appointment of Tom Gidley to Place 1, for a one -year term,
Don Murray to Place 2, for a two -year term, John Strausser to Place 3, for a one -year term, Reggie
Brewer to Place 4, for a two -year term, Will Dean to Place 6 for a two -year term, with Place 5 to
remain vacant for the time being. Council Member Anderson seconded the motion. Prior to the
vote, Council Member Sheley stated that he would vote against this item because he felt that the
manner in which the names of the nominees were accepted was contrary to City Council policy.
The vote follows:
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Minutes of the Regular Session - August 23, 2001
s
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro,
Nays: Council MemberSheley.
The motion carried.
City Manager's Report.
Manager Mercer said that he acrd Council Member Murray had attended the Tex 21 Update lie
said he would give Council more information at a later date.
Mr. Mercer announced that Bernard Olive has graduated from the Bush School of Government and
Public Service at Texas A &M University. Chief Olive is one of only twenty -four persons in the
nation who hold the certificate in Leadership Development for Integrated: Emergency Response.
Mike Lester, Public Health Director, informed Council that Harms County Mosquito Control had
notified the City that one of the ten sampling sites in the City had revealed a mosquito suspected to
possibly be infected with St. Louis Encephalitis (SLIT). Ile said that definitive confirmation would
riot be availablc until the first part of the next week,
Adjourn.
Council Member'Mundinger moved that the meeting adjourn. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinnger,.Murray, Renteria, and Shelcy.
Mayor Alfaro.
;Nays: None..
The motion carried.
There being no further business, the meeting adjourned at 7:57 p.m.........
Gi W. Smith
City Cle'k