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2003 08 28 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 28, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 28, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. 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. Mayor Alfaro recognized the students present. Council Member Anderson led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on August 14, 2003. Council Member Murray moved approval of the minutes of the work session and regular meeting held on August 14, 2003. 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 approval of minutes for the work session held on August 18, 2003. Council Member Renteria moved approval of the minutes of the work session held on August 18, 2003. 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. Page 2 of 8 Minutes of the Regular Session — August 28, 2003 Consent Agenda a. Proposed Ordinance No. 030828 -1 authorizes the purchase of one 2003 Ford F450 crew cab pickup truck and one 2003 Ford Ranger regular cab pickup truck from Philpott Motors, Inc., Port Neches, Texas, through the Houston - Galveston Area Council (H- GAC) in the amount of $45,818.80, inclusive of the H -GAC fee of $1,000. The F450 Crew Cab replaces Unit #527, 1995 Ford F250 pickup truck, with mileage of 82,074 miles, and will be used by the Parks and Recreation Department. The regular cab pickup truck replaces Unit #9102, 1989 Ford Ranger pickup truck, with mileage of 143,989 miles and will be used by the Inspections Division. Funds are available in the Parks and Recreation Department and the Inspection Division Motor Vehicles accounts. b. Proposed Ordinance No. 030828 -2 authorizes payment in the amount of $56,335 to Versaterm, Inc. for the annual maintenance agreement for the Police and Fire Departments Maxi -CAD mapping and document imaging software. This agreement is for the period of October 1, 2003 through September 30, 2004. This is an annual software maintenance agreement that provides support in the event of programming upgrades, bug fixes, telephone support, etc. and is the same amount as last year's maintenance agreement. Funding is available in the ITS annual budget. C. Proposed Ordinance No. 030828 -3 authorizes payment in the amount of $53,976.16 to Sungard Pentamation for the annual software maintenance contract. This maintenance support is for the following software packages: Fund Accounting, Purchasing, Fixed Assets, Human Resources, Budget Analysis, Inventory Manager, Personnel Budgeting, Fleet Manager, Cash Receipts, Utility Billing (ACIS), Code Enforcement, Occupational Licensing, Inspections and Action Software, Informix Four J's Compiler, Optio Printing and Cognos Report Writer, Custom Programming on Financial Software and Custom Programming on Revenue Software. This is a 32% increase over last's year's cost and is due to major upgrades and the change of all above software from character base applications to graphic user interface (GUI), as well as the addition of a new report writer application for the Finance Department and palm pilot interface for the Inspection Division. Funding is available in the ITS annual budget. d. Proposed Ordinance No. 030828 -4 awards the housing reconstruction project at 3208 Wisconsin to Swanson Interior Design in the amount of $37,875. Staff advertised for bids in The Baytown Sun and 38 letters announcing the bidding opportunity were mailed out to contractors who have requested placement on our contractor list. In addition, a notice was posted in Construction Data, which is delivered to over 600 Houston Area contractors. Three bid packages were picked up and four contractors attended the mandatory pre -bid meeting conference. One sealed bid was received on our first bid due date and the bid was rejected. Two sealed bids and one statement of "No Bid" were received on our second bid due date. The lowest bidder is Swanson Interior Design for the total amount of $37,875. The cost of the repairs necessary to bring the home into compliance with current Code requirements exceeds the rehabilitation limit of $25,000. The house is approximately 73 years old and in a CDBG target neighborhood. The home has been inspected by staff and is recommended for reconstruction. This project will be funded by CDBG funds. Page 3 of 8 Minutes of the Regular Session — August 28, 2003 e. Proposed Ordinance No. 030828 -5 awards the second renewal of the annual medical supplies contract to Bound Tree Medical, LLC, in the amount of $36,010.53. Bound Tree Medical submitted a written request to renew the current contract for the same pricing, terms, and conditions. Quantities remain the same. This contract is used by the Emergency Medical Services Department. Funds are available in the EMS Medical Supplies account. f. In accordance with the Public Funds Investment Act, Texas Government Code, Section 2256.023 (a) and (b), the financial status report and the Investment Report for the period ending June 30, 2003 are submitted for review. Council Member Renteria moved adoption of the consent agenda, items a through f. 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. 9615 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -FIVE THOUSAND EIGHT HUNDRED EIGHTEEN AND 80/100 DOLLARS ($45,818.80) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2003 FORD RANGER REGULAR CAB PICKUP TRUCK FOR THE BUILDING SERVICES DIVISION AND ONE (1) 2003 FORD F450 CREW CAB AND FLATBED TRUCK FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9616 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -SIX THOUSAND THREE HUNDRED THIRTY -FIVE AND NO 1100 DOLLARS ($56,335.00) TO VERSATERM, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT FOR INFORMIX FOUR J'S COMPILER AND CLIENT LICENSING, FIRE CAD AND DOCUMENT IMAGING, POLICE DEPARTMENT MAXICAD, POLICE DEPARTMENT MUGSHOT, AND RMS SOFTWARE AND SUPPORT SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9617 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -THREE THOUSAND NINE HUNDRED SEVENTY - SIX AND 16 /100 DOLLARS ($53,976.16) TO SUNGARD PENTAMATION, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 4of8 Minutes of the Regular Session — August 28, 2003 ORDINANCE NO. 9618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 3 -15 CONCERNING 3208 WISCONSIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS, TO SWANSON INTERIOR DESIGN FOR THE SUM OF THIRTY -SEVEN THOUSAND EIGHT HUNDRED SEVENTY -FIVE AND NO /100 DOLLARS ($37,875.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9619 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BOUND TREE MEDICAL, LLC, F/K/A PMX MEDICAL FOR THE ANNUAL MEDICAL SUPPLIES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SIX THOUSAND TEN AND 53/100 DOLLARS ($36,010.53); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Baytown Municipal Development District Board. Director Gilbert has submitted his resignation. The following persons have submitted applications to serve on the Board: • Brennon L. Marsh • Eugene Griffin, Jr. • Terry Sain • Marga Hernandez • Reverend Henry Carr Council Member Murray nominated Terry Sain for appointment to the Baytown Municipal Development District Board. Council Member Godwin nominated Brennon L. Marsh for appointment to the Baytown Municipal Development District Board. Council Member Sheley nominated Marga Hernandez for appointment to the Baytown Municipal Development District Board. Marga Hernandez registered to speak to Council regarding the appointment to the Baytown Municipal Development District Board. Marva Hernandez, 3222 Arkansas Ms. Hernandez stressed the need to make a timely appointment, the importance of her background and experience, and urged Council to appoint her to the Board. Page 5 of 5 Minutes of the Regular Session — August 28, 2003 Voting for the appointment of Marga Hernandez to the Baytown Municipal Development District Board: Council Members Renteria and Sheley. Voting for the appointment of Brennon L. Marsh to the Baytown Municipal Development District Board: Council Member Godwin. Voting for the appointment of Terry Sain to the Baytown Municipal Development District Board: Council Members Anderson, Mundinger, and Murray. Mayor Alfaro. Terry Sain was appointed to the Baytown Municipal Development District Board. City Manager's Report. City Manager Jackson informed Council that Bernard Olive served as Acting Fire Chief since the departure of Dale Palmer and has stepped down from the post; Shon Blake has been appointed to serve as interim Fire Chief until a full -time Fire Chief is hired. Conduct the public hearing on the proposed 2003 -2004 fiscal year budget at 6:40 p.m. Mayor Alfaro opened the public hearing at 6:40 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 Friday, August 15, 2003, more than seven days before the public hearing. The public hearing must be held after the 15`h day after the date the proposed budget is filed with the City Clerk, but before the date the governing body makes its tax levy. The proposed budget was filed with the City Clerk on July 31, 2003. The date proposed for Council to set the tax rate is September 25, 2003. Manager Jackson explained that the proposed budget meets the needs of the community, of the Baytown 2020 Plan, and the Council's priorities of Public Safety and Health, Employee Compensation and Benefits, Emphasis on infrastructure, capital projects and bond program implementation in the General Fund and Wastewater and Utility Fund, and Economic Development. He said that it is a conservative budget, with no increase in the property tax rate, a 2.5% across - the -board increase for employees not covered by a collective bargaining agreement, a 2.5% increase for those employees who are covered by a collective bargaining agreement, contingent on contract ratification, an increase in health and dental insurance premiums shared equally by the City, employees and retirees, with design changes to the plan to mitigate the amount of the increase, the elimination of nine vacant positions with two to remain unfilled until April, 2004, an increase in water and sewer rates largely due to increased debt service payments for utility bonds, and a new Storm Water Utility administrative fee. Page 6of8 Minutes of the Regular Session — August 28, 2003 Mr. Jackson noted that reductions in the amount of $933,290 were made from the departments' submitted "Base" budget, exclusive of supplemental and new capital requests, that the amount is "net" any base level increases except for added health care or raises, and that reductions listed are after technical adjustments discussed in the budget work sessions. Regarding the Street Bond Program, Mr. Jackson informed Council that $3,200,000 is for new debt, while $8,800,000 is for work in progress. $90,000 is budgeted for Capital Drainage, and $291,800 for Contract Concrete Work. For signalization, additional funding of $125,000 has been included for the design and construction at an undesignated intersection. He said that, as of March 2003, there are 3,912 existing streetlights, with the estimated expenditure for this budget year of $512,470. The cost for 150 new streetlights in new subdivisions and by citizen request, has been budgeted for $26,946 in additional cost. The cost to provide Police officers from 5:00 to 7:00 p.m. ($8,355) at Sterling Municipal Library has been added to the budget in a technical adjustment. An equal reduction has been made in Unforeseen/New Initiatives. In the Sanitation Fund, no rate increase is proposed for 2004 and the residential service contract will be renewed without a Consumer Price Index (CPI) increase for 2004. However, because the operational cost of $191,690 for the Drop- off/Recycling Center exceeds its revenue of $38,500, the CPI impact and drop -off center costs next year may require a rate increase. The Water and Sewer Fund is financed primarily through user charges. In 2003 -2004 the Water and Sewer budget is proposed to be $19,774,463, an increase of $1,511,915 or 8.3 %. Current year revenues are estimated to be $310,000 less than the amount budgeted, due to weather conditions. Personnel- related costs are proposed to increase $226,365, chemical cost increases and additional treated water raised supply costs $36,447, maintenance programs, including the large meter repair program, will increase costs by $94,240, and the water line rehabilitation program will continue at a cost of $175,000. In the 2004 Water and Sewer Capital Program, Year Three of the Utility Bond program has been expanded to include additional wastewater rehabilitation projects and will require $16,524,000 in new debt at a 2003 -2004 cost of $1,332,000. Total debt service costs for 2003 -2004 are $5,367,751 for new and existing debt. In the Storm Water Utility Fund, required by the Federal Clean Water Act, and administered in Texas by the Texas Commission on Environmental Quality, the start-up cost was funded by the General Fund in current year. In the next budget year, an administrative fee of $1 per month will be levied and billed with water bills, until rate study can determine appropriate user fees. This fee will fund the implementation and rate study. Gene Poirot. 130 N. Burnet As a Vice - Chairman of the Baytown Library Board, Mr. Poirot informed Council that the board understands the need for budget reductions and supports the budget, as proposed. The following persons registered to speak to Council concerning the proposed 2003 -2004 City of Baytown Budget and yielded their time to Mike Beard: Pat Mann and Charles Murrell. Page 7 of 8 Minutes of the Regular Session — August 28, 2003 Mike Beard, 207 Morrell Mr. Beard addressed the issue of early closings for the Library, costs for the Fourth of July celebration, the Cinco de Mayo parade, web page development, and cost - saving alternatives. The public hearing was closed at 7:06 p.m. Receive the 2003 Appraisal Roll as certified by the Harris County Appraisal District. The Hams County Appraisal District certified the 2003 Appraisal Roll on August 9, 2003, and the City received the same on August 11, 2003. In accordance with Section 26.04 of the Texas Property Tax Code the following values are submitted: Total Appraised Market Value $2,146,766,330 Total Certified Taxable Value $1,817,612,700 Total Uncertified (Taxable Value) $ 93,533,888 Council Member Renteria moved to accept the 2003 Appraisal Roll as certified by the Harris County Appraisal District. 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. Receive effective Tax Rate and Rollback Calculation for 2003 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 $0.71468 and $0.75957 per $100 valuation, respectively. The effective tax rate is a complicated formula. Essentially, 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 on August 28, 2003 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. Council Member Mundinger moved to accept the effective Tax Rate and Rollback Calculation for the 2003 Tax Year. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 8 of 8 Minutes of the Regular Session — August 28, 2003 �. Consider proposed tax rate for Tax Year 2003. 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 3 %. Additionally, a public hearing on the proposed tax rate is required and will be held on September 11, 2003. Requisite notices will be published in The Baytown Sun giving notice of the public hearing and final vote on the proposed lax rate for Tax Year 2003. Council Member Mundinger moved approval of the proposed tax rate. 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. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vole follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:12 p.m. Ggy W. ,Smith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 28, 2003 The City Council of the City of Baytown, Texas, met in work session on August 28, 2003, at 5:35 p.m. in the Hullum Conference Room 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 proposed ordinance to consolidate the Growth Management and Development Advisory Commission, the Zoning Commission and the Baytown Area Long Range Planning Commission into the Planning and Zoning Commission. City Manager Gary Jackson explained that the purpose of the work session item was to discuss the proposed ordinance to consolidate the three commissions (Growth Management and Development Advisory Commission, Zoning Commission and Baytown Area Long Range Planning Commission) into a Planning and Zoning Commission. If the consensus is in favor of the ordinance, then the suggested changes will be made and the item will be on the September 11, 2003 agenda for action. Director of Planning and Development Services Gregory Stubbs explained the history of the three commissions and the roles each served. Mr. Stubbs expressed that the needs for planning have changed and one board can meet the needs of the community. The ordinance proposes a nine member board. Subcommittees, task forces, and interest groups can be utilized when drafting or updating the comprehensive plan. The Long Range Planning Commission has become less active. The actions of the Long Range Planning Commission and the Growth Management Commission are not coordinated. The present arrangement often delays project approval. The proposed change will present a more coordinated, unified planning effort and will streamline procedures. The proposal has been presented to both Commissions. Page 2 of 3 Minutes of the Work Session — August 28, 2003 Mr. Jackson reminded Council that the impact fee statute requires oversight by a committee with members meeting designated qualifications. The committee can be merged with the Planning and Zoning Commission. The impact fee committee must have a member from the real estate or development business and if it applies in the extra territorial jurisdiction (ETJ), it must have a resident from the ETJ. Council Member Anderson stated that the proposed commission should be staffed with the best people and the membership should not be restricted by residence within the Council districts. Council Member Murray suggested that each member of Council could appoint one person and the City Manager could appoint a representative from the real estate or development industry and a resident in the ETJ. Mayor Alfaro suggested that staff outline desirable characteristics /criteria for members. Mr. Jackson replied that staff will outline the expectations of time and issues for Committee members. Council Member Mundinger expressed concern over loss of experience but supports the opportunity to streamline. He opposes appointment limitations beyond those that are statutorily mandated. Mayor Alfaro stated that the Commission must maintain its focus on long -range planning. Council Member Godwin stated that the top qualifications are desire and commitment. Council Member Murray urged that Council appoint the chair and vice -chair of the Commission. Council Member Sheley referred to the survey prepared by staff and noted that four of the cities allow the commission to select its officers internally, two are council appointed and one appoints after meeting on consensus. Council Member Mundinger expressed concern that Council appointment might make the positions more political and expressed support for the Commission determining its own leadership. Council Member Anderson suggested that the term of chair and vice -chair could be limited and thereby force turnover. Council Member Renteria reminded Council that politics can remain involved regardless of the manner of selection and he supported allowing the Commission to select its own chair and vice - chair. Discuss effective Tax Rate and Rollback Rate Calculation for 2003 Tax Year and schedule for adoption. City Treasurer Rhonda Young explained the effective tax rate and rollback rate calculations. On August 11, 2003, the City received the certified tax roll from Harris County Appraisal District. The certified roll is 1.97% less than the certified roll for 2002. The certified roll included uncertified amounts, which are amounts under protest or not complete. The uncertified amounts are 8% of the total roll. The uncertified amount is 6.6% more than was included in the 2002 roll. The staff projection for taxable value was within 3.17% of the HCAD value. Ms. Young reviewed the statutory procedure for adopting a tax rate. The proposed tax rate, $0.73703, is the same tax rate as last year and has not changed since 1992. Based on the statutory calculations, the effective tax rate for 2003 is $0.71468 and the rollback rate is $0.75957. The notice and hearing limit is $0.73612. If the City proposes to adopt a tax rate that exceed 1.03% of the effective tax rate, the notice and hearing limit, then a notice of the intention to adopt such a rate must be published, including the time and date of a public hearing on the tax rate and each person's vote relating to the proposed tax rate. Page 3 of 3 Minutes of the Work Session — August 28, 2003 No adjustment to the budget is proposed, based on the effective tax rate calculations. The ' growth in the tax roll was anticipated and is used to offset the potential of a 50.025 tax rate increase to pay for the general obligation bonds. Ms. Young reviewed the proposed schedule for adoption of the budget and tax rate and explained that final adoption is scheduled for September 25, 2003 due to publication requirements for the tax rate. Discuss appointments. Baytown Municipal Development District. Council Member Murray stated that he intended to nominate Terry Sain for the position on the Municipal Development District Board. Council Member Godwin stated that he intended to nominate Brennon Marsh to the Board. Council Member Sheley stated that he intended to nominate Rev. Henry Carr and Marga Hernandez to the Board. Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Murray 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 6:27 p.m. Gar/(W. Sinlith City Clerk