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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 Page 2ofII 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 Page 3 of 11 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 Page 4 of 11 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. Page 5of11 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. Page 6of11 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. Page 7 of 11 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: Page 8 of 11 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 Page 9 of 11 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 Page 10 of 11 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: Page I I of I1 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