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2003 11 13 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 13, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on November 13, 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 high school students present from Ms. White's class. Council Member Murray 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 October 23, 2003. Council Member Murray moved approval of the minutes of the work session and regular meeting held on October 23, 2003. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Members Anderson, Godwin, and Sheley abstained. The motion carried. Consider Proposed Ordinance No. 031113 -3, authorizing an Industrial District Agreement with Sun Chemical Corporation. Proposed Ordinance No. 031113 -3 authorizes an Industrial District Agreement with Sun Chemical Corporation for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2003, as its prior agreement with the City expired on October 18, 2003. Because the 2002 values are more than the 2003 values, the 2002 values shall serve as the base under the agreement. The agreement is in conformity with the policies adopted by the City Council for companies, which had an industrial district agreement in effect on July 26, 2002, in the City's industrial districts. Page 2of13 Minutes of the Regular Session — November 13, 2003 Council Member Renteria moved adoption of the proposed ordinance. 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. ORDINANCE NO. 9660 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH SUN CHEMICAL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0311134, authorizing an Industrial District Agreement with Degussa Engineered Carbons, L.P. Proposed Ordinance No. 031113 -4 authorizes an Industrial District Agreement with Degussa Engineered Carbons, L.P. for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2003, as its prior agreement with the City expired on October 24, 2003. Because the 2002 values are more than the 2003 values, the 2002 values shall serve as the base under the agreement. The agreement is in conformity with the policies adopted by the City Council for companies, which had an industrial district agreement in effect on July 26, 2002, in the City's industrial districts. Council Member Mundinger moved adoption of the proposed ordinance, subject to approval by staff of the metes and bounds to be contained in Exhibit "A." Council Member Godwin 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. 9661 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH DEGUSSA ENGINEERED CARBONS, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 13 Minutes of the Regular Session — November 13, 2003 Consider Proposed Ordinance No. 031113 -5, approving Change Order No. 2, final payment to PM Construction & Rehab, L.P. and acceptance of the Eva Maude Subdivision Sanitary Sewer Rehabilitation Project. Proposed Ordinance No. 031113 -5 approves deduct Change Order No. 2 to adjust final quantities, approves final payment in the amount of $29,009.08 to PM Construction & Rehab, L.P., and accepts the Eva Maude Subdivision Sanitary Sewer Rehabilitation Project. The original contract was awarded in the amount of $586,590 and the contract duration was 120 calendar days. Change Order No. 1 was approved administratively in the amount of $10,020 for the addition of two line items necessary to facilitate Public Works in their service line infiltration survey. This change order increased the contract amount to $596,610. Change Order No. 2 is a balancing change order and reduces the contract amount by $16,428.31 to $580,181.69. The cost savings was largely due to an adjustment of final quantities on various bid items. The contractor completed the project in 75 calendar days and the workmanship was satisfactory. Council Member Murray moved adoption of the proposed ordinance. 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. 9662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH PM CONSTRUCTION & REHAB, L.P., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE EVA MAUDE SUBDIVISION SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -NINE THOUSAND NINE AND 081100 DOLLARS ($29,009.08) TO PM CONSTRUCTION & REHAB, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031113 -6, authorizing the payment of $26,886.02 from retainage to Firemen Construction Co., Inc., and its subcontractors for the Baytown Municipal Court and Jail Facility Project. Consider Proposed Ordinance No. 031113 -6 to authorize the payment of $26,886.02 from retainage to Firemen Construction Co., Inc., and its subcontractors for the Baytown Municipal Court and Jail Facility Project. Firemen Construction Co., Inc., has requested joint checks for the following work: Work Performed Amount Joint Check With Protective Cover ate a in the sky $ 2,625.00 Four Star A/C & Heating Sheet metal elbows at 'ail 1,995.00 Four Star A/C & Heating Secondary drain pan 2,295.00 Four Star A/C & Heating Enclosure for chain at fire door 1,454.00 Four Star A/C & Headn Disconnects at VAV boxes 7,131.02 ABS, Inc. TOTAL $15,500.02 Page 4 of 13 Minutes of the Regular Session — November 13, 2003 de Oplossing, Inc., the City's consultant performing construction management services for the Baytown Court and Jail Facility, has reviewed the work and has verified that the same has been performed and that payment should be made. Additionally, in order to provide and install the appropriate lights in the courtroom, the City of Baytown desires to issue a joint check in the amount of $11,386 upon completion and acceptance of the work. This ordinance therefore authorizes payment of retainage via joint checks in the total amount of $26,886.02 for not only the work performed but also the work to be performed by Firemen Construction Co., Inc., and its subcontractors. Council Member Anderson moved adoption of the proposed ordinance. 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. ORDINANCE NO. 9663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY -SIX THOUSAND EIGHT HUNDRED EIGHTY - SIX AND 02/100 DOLLARS ($26,886.02) FROM RETAINAGE TO FIREMEN CONSTRUCTION CO., INC., AND ITS SUBCONTRACTORS FOR THE BAYTOWN MUNICIPAL COURT AND JAIL FACILITY PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 031113 -1, repealing Resolution Nos. 1601 and 1609 which approved petitions for annexation filed by SR ZM Corporation. The property requested to be annexed is bounded by Interstate Highway 10, Spring Creek, the CRVA Canal and Crosby - Lynchburg Road. Research has revealed that the petitioner does not own the property. Therefore, the petition does not meet the requirements of the Local Government Code. Council Member Mundinger moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Ayes: Mayor Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NOS. 1601 AND 1609 PASSED ON AUGUST 14, 2003, AND OCTOBER 9, 2003, RESPECTIVELY, WHICH GRANTED PETITIONS FOR ANNEXATION FILED BY SR ZM CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5of13 Minutes of the Regular Session — November 13, 2003 Consider Proposed Resolution No. 031113 -2, supporting the expenditure of funds for the design and construction of water and sewer lines for an economic development project in Chambers County. The funds in support of this project shall not exceed $300,000. As with all expenditures, the City will fully comply with the Charter, the Professional Services Procurement Act, as well as the state competitive bid law. Any expenditure in excess of $25,000 will be presented to council for consideration. Council Member Murray moved adoption of the proposed resolution. 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. RESOLUTION NO. 1614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE EXPENDITURE OF FUNDS FOR THE DESIGN AND CONSTRUCTION OF WATER AND SEWER LINES FOR AN ECONOMIC DEVELOPMENT PROJECT IN CHAMBERS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 031113 -3, establishing a policy for the provision of utility services outside the city limits. Proposed Resolution No. 031113 -3 establishes a policy for the provision of utility services outside the city limits. This item was discussed in work session previously and Council requested additional information regarding outside the city rates. Sherril Bates registered to speak to Council regarding the resolution, but declined to speak when given the opportunity. Council Member Mundinger moved adoption of the proposed resolution. 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. la Page 6of13 Minutes of the Regular Session — November 13, 2003 RESOLUTION NO. 1615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A POLICY FOR THE PROVISION OF UTILITY SERVICES OUTSIDE THE CITY LIMITS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct a public hearing at 6:40 p.m. to consider an ordinance adopting the Municipal Drainage Utility System Act and declaring the drainage of the City of Baytown to be a public utility. The public hearing was called to order at 6:40 p.m. Pursuant to the Act, before the City may approve an ordinance adopting the Act and establishing drainage of the City a public utility, the City Council must hold a public hearing. The notice of the public hearing must include the text of the proposed ordinance and must be published three times before the date of the hearing. The first publication of the notice must occur on or before the 30`h day before the date of the hearing. Notice of the public hearing and the proposed ordinance was published in The Baytown Sun on October 7, October 21 and November 4, 2003. An additional public hearing is required prior to the City levying a schedule of drainage charges. The same notice requirements apply to this second public hearing. No one appeared to speak at the public hearing. The public hearing was closed at 6:42 p.m. Consider Proposed Ordinance No. 031113 -1, amending Chapter 98 "Utilities," of the Code of Ordinances of the City of Baytown, Texas, by adding an article to be numbered and entitled Article VI "Storm Water Drainage" to adopt the Municipal Drainage Utility Systems Act, to declare the drainage of the city to be a public utility and to administer the National Pollution Discharge Elimination System Storm Water Management Phase II under the Federal and State Clean Water Acts. Proposed Ordinance No. 031113 -1 establishes a Storm Water Drainage Utility. This utility will fund the requirements of the U.S. Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES), Phase H Rules, which are designed to mitigate pollution arising from nonpoint source stormwater runoff. These rules are a result of the United States Clean Water Act of 1972 and its 1987 Amendments. Council Member Renteria moved adoption of the proposed ordinance. 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 canned. Page 7 of 13 Minutes of the Regular Session — November 13, 2003 ORDINANCE NO. 9664 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING AN ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE VI "STORM WATER DRAINAGE" TO ADOPT THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT, TO DECLARE THE DRAINAGE OF THE CITY TO BE A PUBLIC UTILITY AND TO ADMINISTER THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM STORM WATER MANAGEMENT PHASE II UNDER THE FEDERAL AND STATE CLEAN WATER ACTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 031023 -7 renews the City's subscription to McNaughton Book Service in the amount of $37,889.54 for the period of December 2003 through November 2004. This book - leasing program brings vitality to Sterling Municipal Library's services for adults. Because the books arrive catalogued and processed, there is little delay between the time that an avid reader sees a review in a newspaper or magazine and the moment when the book is available on the Library's shelves. This is the most popular service we offer for adults and increasing numbers of large -print readers have joined regular-print borrowers seeking this service. There is no increase of cost for this year over the previous year. Funds are available in the Sterling Municipal Library budget. b. Proposed Ordinance No. 031113 -8 authorizes payment in the amount of $83,070 to the Texas Commission on Environmental Quality (TCEQ) for the Annual Water Quality Assessment and Waste Treatment Fees. Senate Bill 818 requires the TCEQ to recover the reasonable cost of the assessment program from wastewater permit holders and water rights holders. The Wastewater Treatment Fee, assessed annually each October 31, in accordance with 30 TAC, Chapter 305, Subchapter M, is imposed on each permittee holding a permit under the Texas Water Code, Chapter 26. All fees are deposited in a fund for the purpose of supplementing other funds appropriated by the legislature to pay the expenses of the Commission to administer water quality programs, consistent with the provisions of the Texas Water Code, Chapter 26, the rules and orders of the Commission, and the provisions of the Commission permits governing waste discharges and water treatment facilities. C. Proposed Ordinance No. 001113 -9 authorizes and directs the City Manager of the City of Baytown to execute the one (1) year renewal option for CentraNet services at current rates, charges and terms set forth in the original agreement executed on December 15, 2000 and the amended agreement executed on January 16, 2002 with GTE Southwest Incorporated d/b /a Verizon Southwest in its capacity as an incumbent local exchange carrier. The City has the option to continue service after the initial 3 -year period by providing Verizon with written notice at least 30 days prior to the end of the initial termination date (December 15, 2003). Page 8 of 13 Minutes of the Regular Session – November 13, 2003 Service from Verizon has been satisfactory during the original contract period and the same is expected for the renewal period. The City will use this extension period to further examine the possibility of moving to VOIP (voice over intemet) technology. Verizon has been our local exchange carrier for several decades. The monthly recurring charge per station is $13.62. This contact does not include equipment or equipment maintenance, T -1 and fractional T -1 lines, long distance services, special circuit lines and other telephone services. These charges do not include Federally mandated end user common line charges, any applicable local, state, or federal fees, taxes, surcharges or other applicable tariff charges. This expenditure has been included in the adopted budget. d. Proposed Ordinance No. 031113 -10 authorizes the purchase of one (1) John Deere 310G backhoe loader from Rush Equipment through Houston - Galveston Area Council (H -GAC) in the amount of S43,289.22 including H -GAC fee. This equipment replaces a 1993 John Deere 310D backhoe loader for the Water Distributions Department. Funding is available in the Water Distribution/Capital Lease Purchase account. e. Proposed Ordinance No. 031113 -11 authorizes an interlocal agreement with Hams County Department Of Education (HCDE) for the purchase of mowing equipment for the Parks Department from Landsdowne Moody Company, Inc., in the amount of $36,091. The purchase includes four flails, at $3,950 each, and a TK Interstater unit complete with the side mounted flail, for $20,291. Removal of the old unit and delivery and installation of the new unit is included in the cost of the Interstater. The new equipment replaces 1994 mowing equipment. Funding is available in the Parks /Capital Outlay — Machinery & Equipment account and the Parks /Capital Outlay —Heavy Equipment account. f. Proposed Ordinance No. 031113 -12 authorizes an interlocal agreement with the Baytown Municipal Development District to provide funding for the preparation of a preliminary engineering report for utility extensions to serve a portion of West Baker Road, North Main Street and the proposed East Baker Road extension project. The vacant, commercially zoned property at this intersection is currently underserved by wastewater lines. The purpose of this study is the develop a plan to provide this service while factoring in future service to the proposed extension of East Baker Road to Crosby Cedar Bayou Road. This information will be used to develop funding and construction schedules. The funding provided for this study will not exceed $25,000. g. This item was removed for separate consideration. Council Member Mundinger moved adoption of the consent agenda, items a through f. 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. Page 9 of 13 Minutes of the Regular Session — November 13, 2003 ORDINANCE NO. 9665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -SEVEN THOUSAND EIGHT HUNDRED EIGHTY -NINE AND 54 /100 DOLLARS ($37,889.54) TO MCNAUGHTON BOOK SERVICE AS THE COST FOR BOOK LEASING OF POPULAR NEW TITLES FOR THE STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -THREE THOUSAND SEVENTY AND NO /100 DOLLARS ($83,070.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AS THE COST FOR THE ANNUAL WASTE TREATMENT FEES AND THE ANNUAL WATER QUALITY ASSESSMENT FEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SEND NOTICE TO VERIZON SOUTHWEST TO RENEW THE CENTRANET TELEPHONE SERVICES AGREEMENT FOR A ONE -YEAR PERIOD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -THREE THOUSAND TWO HUNDRED EIGHTY - NINE AND 22/100 DOLLARS ($43,289.22) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) JOHN DEERE 31OG BACKHOE LOADER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY DEPARTMENT OF EDUCATION FOR PROVIDING COOPERATIVE PURCHASING SERVICES; AUTHORIZING THE PAYMENT OF THIRTY -SIX THOUSAND NINETY -ONE AND NO /100 DOLLARS ($36,091.00) FOR THE PURCHASE OF MOWING EQUIPMENT FOR THE PARKS DEPARTMENT FROM LANDSDOWNE MOODY COMPANY, INC., UNDER THE INTERLOCAL AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 13 Minutes of the Regular Session — November 13, 2003 ORDINANCE NO. 9670 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 AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR PROFESSIONAL SERVICES FOR THE PREPARATION OF A PRELIMINARY ENGINEERING REPORT FOR UTILITY EXTENSIONS TO SERVE A PORTION OF WEST BAKER ROAD, NORTH MAIN STREET AND THE PROPOSED EAST BAKER ROAD EXTENSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Proposed Resolution No. 031113 -4 schedules the City of Baytown's Annual Independence Day Celebration for Sunday, July 4, 2004, at Bicentennial Park. Since July 4`h falls on a Sunday this year, the Park Board analyzed the options of hold the City celebration on Saturday or Sunday. The recommendation from the Parks Board is to hold the event on Sunday, July 4, 2004. Council Member Sheley urged Council to reconsider scheduling the Annual Independence Day Celebration on Saturday, July 3, 2003. It was noted that since the July 4`h holiday falls on a Sunday in 2004, the following Monday will be a federal holiday. Direction of Parks and Recreation, Scott Johnson, informed Council that it had been the unanimous vote of the Parks and Recreation Board to hold the event on Sunday, July 4, 2003, with all activities scheduled to begin after noon. Council Member Anderson moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Murray Mayor Alfaro. Nays: Council Members Renteria and Sheley. The motion carried. RESOLUTION NO. 1616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SCHEDULING THE CITY OF BAYTOWN'S ANNUAL INDEPENDENCE DAY CELEBRATION FOR SUNDAY, JULY 4, 2004, AT BICENTENNIAL PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct a public hearing at 6:50 p.m. on the schedule of drainage charges. The public hearing was called to order at 6:50 p.m. Page 11 of 13 Minutes of the Regular Session — November 13, 2003 Pursuant to the Act, before the City may approve an ordinance levying a schedule of drainage charges, the City Council must hold a public hearing. The notice of the public hearing must be published three times before the date of the hearing. The first publication of the notice must occur on or before the 30`h day before the date of the hearing. Notice of the public hearing was published in The Baytown Sun on October 7, October 21, and November 4, 2003. City Manager Jackson informed Council that a $1.00 fee will be charged on all water and/or sewer accounts. No one appeared to speak at the public hearing. The public hearing was closed at 6:52 p.m. Consider Proposed Ordinance No. 031113 -2, amending Chapter 98 "Utilities," Article VI "Storm Water Drainage" of the Code of Ordinances of the City of Baytown, Texas, by adding a section to be numbered and entitled section 98473 "Municipal drainage utility system charges" to establish and levy a schedule of drainage charges. Proposed Ordinance No. 031113 -2 establishes an initial $1.00 Storm Water Drainage Charge based on water and/or sewer utility accounts. Customers will be charged one dollar ($1.00) per month per account. The initial funds generated will be utilized for the administration of the federally mandated program, the establishment of the required "best management practices" used to create the City's "Storm Water Management Permit" and for a storm water utility rate study to establish a fair and equitable rate to fund the program. Council Member Mundinger 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. 9671 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI "STORM WATER DRAINAGE" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING A SECTION TO BE NUMBERED AND ENTITLED SECTION 98 -473 "MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES" TO ESTABLISH AND LEVY A SCHEDULE OF DRAINAGE CHARGES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 12 of 13 Minutes of the Regular Session — November 13, 2003 Consider Proposed Resolution No. 031113 -5, casting the City of Baytown's ballot for the election of a representative to the Board of Directors of the Harris County Appraisal District. The City of Baytown, along with other cities in Harris County, except Houston, must cast its ballot for the nominee of its choice. The nominees are Bill Harry and Walter J. Kroner, III. It was noted that Mr. Harry is the current representative to the Board of Directors of the Harris County Appraisal District for the cities other than Houston to the Harris County Appraisal District. Council Member Mundinger moved approval of the proposed resolution casting the City of Baytown's ballot for Bill Harry as the representative of the cities other than Houston to the Harris County Appraisal District. 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. RESOLUTION NO. 1617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO CAST A BALLOT IN THE ELECTION OF A DIRECTOR TO SERVE ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Board of Directors, Reinvestment Zone Number One, City of Baytown. The term of Will Deane expired on August 31, 2003. Council Member Murray moved appointment of Mike Wilson to the Board of Directors, Reinvestment Zone Number One, City of Baytown and Baytown Redevelopment Authority. 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. Page 13 of 13 Minutes of the Regular Session — November 13, 2003 '► City Manager's Report. City Manager Jackson informed Council that he wished to announce an act of bravery performed by members of the City's Fire Department. He asked that Interim Fire Chief Shen Blake come forward, as well as Lieutenants George Restive, Equipment Operator Walter Horton, and Firefighters Aaron Smith and Ronald Roberts. He said that on October 13, 2003, the E -5 squad responded to an emergency call in regard to a choking, unresponsive child at 221 Arbor Street. He stated that the crew was dispatched and encountered the mother and child on Bayway Drive. Firefighters Smith and Roberts performed resuscitation upon the victim, who was then transported to San Jacinto Hospital and has since been reported to be doing well. Mr. Jackson informed Council that during the last two months at the end of fiscal year 2002, sales tax had been down 8 %, and the last two months at the end of fiscal year 2003, at a minus 12 %. He said he was happy to report that the City had just received the report for the first month of the current fiscal year that indicated sales tax had risen 10 %. Mayor Alfaro noted that Texas Recycles Day would be held on Friday and Saturday and encouraged all present to participate. City Manager Jackson reminded Council that, due to the Thanksgiving holiday, the next Council meeting would be held on Tuesday, November 25, 2003. Adjourn. Council Member Murray moved that the meeting adjourn. 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. There being no further business, the meeting adjourned at 6:58 p.m. aw4e�� Gft W Smith City Clerk +p� MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 13, 2003 The City Council of the City of Baytown, Texas, met in work session on November 13, 2003, at 4:50 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 itinerant merchant ordinance. City Manager, Gary Jackson, explained that staff would present several issues to Council separately. The issues involve itinerant merchants, charitable solicitors, home occupations, bandit signs and garage sales. The first area for discussion is itinerant merchants. Assistant City Manager, Bob Leiper, reviewed the existing itinerant merchant regulations. An itinerant merchant is a person who goes from place to place within the city, selling items without operating from a fixed location. If the person has permission from the property owner to engage in sales on the property for at least 30 days, the person is no longer defined as an itinerant merchant. Staff recommends separating the regulations for door -to -door sales from open -air sales. The ordinance does not regulate commercial sales to businesses; the sale of eggs, milk, vegetables, or dairy products produced by the vendor; and daily deliveries. Council Member Murray stated that his primary concerns were with the impact on the city's appearance and the collection of sales tax. Mayor Alfaro expressed concern about fairness to other businesses that establish and maintain a fixed place of business. Mr. Jackson explained that the ordinance requires proof of the vendor's limited sales tax permit, but enforcement of the collection of sales tax is problematic. Council Member Anderson stated that the roadside vendors perpetuate a negative image and that he would prefer for them to be banned entirely. If a complete ban is not permissible, he requested the strongest restrictions. Page 2 of 4 Minutes of the Work Session — November 13, 2003 Mr. Leiper continued and explained that the vendor could not stand in the roadway to sell. Sales are to be conducted between 10 a.m. and 9 p.m. The permit fee if $15 for 90 days. The vendor must provide a $1,000 bond and proof of a limited sales tax permit. The permit must be displayed. Enforcement is complaint driven. Response to the complaints is provided by the Police Department, or the Health Department if food is involved. Since January 2000, 42 citations for not having a permit have been issued. Of these, 41 have resulted in a finding of guilt. Twenty -five have served time and six have paid the fine. The maximum fine is $500 per offense per day. Council Member Anderson suggested that the ordinance be changed to prohibit the issuance of a permit to a vendor who has been convicted of not having a permit for a period after the conviction. Mayor Alfaro summarized the discussion. Regulations for open -air vendors will be separated from door -to -door vendors. A minimum fine would be reviewed. The requirement to display the license would be enhanced. Penmissible restrictions on vendors will be considered and studied. Itinerant merchants will be prohibited from displaying signs. Enforcement resources will be studied. Restrictions will be related to health, safety and welfare. Exceptions will be carefully employed. Discuss sales tax election options. Mr. Jackson reviewed the discussion of possible sales tax alternatives that took place during budget work sessions. Staff provided information on three statutes that allow sales tax that could enhance general fund operations. These are street maintenance; fire control, prevention and emergency medical; and crime control and prevention. The total sales tax in Baytown is 8.25 %, with 6.25% going to the State, I% for the City, .5% for MDD and .5% for CCPD. The CCPD tax will expire on December 31, 2003. Since the last CCPD election was held in February 2002, the earliest another CCPD election could held is February 2005. The street maintenance tax is attractive as it could provide funding for street maintenance and repair. We are out for bids on the phase 1 of the street bond program and are developing the plans for the third year of the program. There are more street needs than the City has money to address. Council Member Renteria reviewed the increases in the current budget. Mayor Alfaro asked that all needs be reviewed and plans developed on how to address the needs.' Council Member Mundinger asked that all real needs be considered, including the need for public transportation. Mayor Alfaro noted that approval of CCPD could allow the City to put three more officers in the DOT office. Council Member Sheley noted that administration was asked to look for alternate sources of revenue. Addressing infrastructure needs is critical. A plan to address the streets must be developed and communicated to the citizens. Mayor Alfaro noted that the options for sales taxes included .25% for street maintenance, .125% for Fire Control, Prevention and Emergency Medical District, and .125% for Crime Control and Prevention District. If an election is considered for May 2004, decisions must be made soon. Council Member Mundinger requested additional options. Council Member Renteria asked that Council do nothing. Council Member Murray requested a list of all options prepared with Page 3 of 4 Minutes of the Work Session — November 13, 2003 limited staff involvement. Mr. Jackson said that staff had looked at the statutes that allowed sales tax and limited the statutes to the purposes that provided revenue alternatives. Other taxes are a tax to offset property tax, a transit tax, and an economic development tax to support job training. After further discussion, Mayor Alfaro noted that there was not Council consensus to support further study of the transit tax and the other two did not provide additional revenue to supplement activities in the general fund. Mayor Alfaro asked for additional information on the Fire Control, Prevention, Emergency Services District tax. Discuss Market Street rezoning. Mr. Jackson reviewed the information concerning possible rezoning of property in District 1. Gregory Stubbs, Director of Planning and Development, stated that Urban Neighborhood (UN) serves as a buffer zone between Mixed Use (MU) and Neighborhood Conservation (NC). Rezoning the area along Market Street and West Main would allow all uses. Council Member Murray encouraged neighborhood meetings to allow the citizens to have input on the potential rezoning. Council Member Renteria asked how the neighborhood meeting would provide information that the public hearing process would not provide. He advocated the change as vital to the future of Market Street. He related that he has received requests for the change from property and business owners in the area. Mayor Alfaro noted that the neighborhood meeting would allow area residents to gain information and to give input. Discuss providing utilities outside the city limits. Mr. Jackson reviewed the proposed policy and advised that the item is on the Council agenda for action, if Council is ready to take action. The policy would provide utility service to an industry in an industrial district, but would deny wastewater service to individual or commercial users or to residential subdivisions. Each could request annexation in order to become a wastewater customer. For water service, residential and commercial customers would be given service, if service is available and if the system design does not prohibit providing service. A residential subdivision will be denied, but annexation may be requested. A water rate survey was conducted and the City's outside the city limits rates are within the distribution. Discuss appointments. Reinvestment Zone Number One, City of Baytown. Council Member Murray said that he would nominate Mike Wilson to serve on the Reinvestment Zone Number One, City of Baytown and the Baytown Redevelopment Authority. Page 4 of 4 Minutes of the Work Session— November 13, 2003 r, 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 6:18 p.m. /f Gafy W. gmith City Clerk