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2004 06 24 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 24, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on June 24, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Sammy Mahan Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent was: Ronnie Anderson Council Member The meeting was opened with a quorum present and Council Member Mahan 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 June 10, 2004. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on June 10, 2004. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. Council Member Sheley abstained. The motion carried. Conduct a public hearing to consider the land use assumptions and capital improvements plan for the City of Baytown and its extraterritorial jurisdiction. The public hearing was called to order at 6:35 p.m. This is one of the first steps in the process necessary to impose an impact fee pursuant to Chapter 395 of the Texas Local Government Code. Any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions and capital improvements plan. Since the date of the publication of the notice of the hearing, the City has made available to the public its land use assumptions, the time period of the projections, and a description of the proposed capital improvement facilities. The notice was published and mailed, as required, in accordance with law. The notice was published in The Baytown Sun on May 20, 2004, more than thirty days prior to the date set for the public hearing. Page 2of13 Minutes of the Regular Session — June 24, 2004 Alan Black, representing PBS & J, the City's consultant for this study, summarized the process, which involves four steps: • Develop land use assumptions • Translate to water /wastewater usage • Determine system deficiencies • Develop projects to correct Mr. Black explained that one Equivalent Development Unit (EDU) is equal to 250 gallons - per -day (GPD) water usage and 200 GPD wastewater usage, which in turn must be extrapolated into the property density, depending upon whether it is zoned commercial, light industrial, residential, or multi- family. System deficiencies were studied. For the water system, currently there are none, are projected be moderate in 2012, with none in 2020 and beyond. For the wastewater system however, the existing conditions are borderline, with plant and trunkline deficiencies projected in 2012, 2020 and beyond. Mr. Black said that six projects should be completed for the water system by 2012 through the Capital Improvements Plan (CIP), totaling $4,847,200. For the wastewater system, there is the need for eleven projects, totaling $34,771,500, also to be funded through the CIP. After receiving the completed recommended Land Use and CIP Report, by holding this public hearing, Council has completed the second step of the process. Adoption of the land use assumptions and capital improvements plan and setting the public hearing to discuss the imposition of the impact fee are tentatively scheduled for the next regular Council meeting on July 8, 2004. The public hearing on the impact fee is tentatively scheduled for August. City Manager Jackson explained that, in planning for future requirements, needs for utilities must be determined. There must be a CIP to serve those needs and estimates of the costs to fund the Capital Improvement process. There is also the question, what percentage a developer will pay, i.e., a proportionate share or none. Council would also have the option to deny the development or to ask the taxpayers to pay for the improvement. Mr. Jackson said that after the second public hearing, Council will then have 30 days to adopt Land Use Assumptions and Capital Improvements Plan and determine the maximum allowable impact fee. The public hearing was closed at 6:51 p.m. Citizen Communications: Rev. Hosea Lane, 407 W. Pearce, offered congratulations to the newly elected Mayor and Council Member. He invited Council to visit his facility located on Defee Street so that they might better understand his vision regarding the establishment of a girls' home. Page 3 of 13 Minutes of the Regular Session — June 24, 2004 Conduct the first public hearing on the proposed annexation of Lot 14 of Huron Subdivision in Harris County, Texas. The public hearing was called to order at 6:55 p.m. The property is located south of Interstate Highway No. 10 and west of North Main Street. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Mayron Babin is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed for equipment sales. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was closed at 6:58 p.m. Conduct the second public hearing on the proposed annexation of Lot 14 of Huron Subdivision in Harris County, Texas. The public hearing was called to order at 6:59 p.m. The property is located south of Interstate Highway No. 10 and west of North Main Street. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Mayron Babin is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed for equipment sales. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was closed at 7:00 p.m. Conduct the first public hearing on the proposed annexation of a 22.55 -acre tract situated in the Jacob Armstrong Survey, Abstract 2, in Chambers County, Texas. The public hearing was called to order at 7:00 p.m. The property is located east of State Highway 146 and south of Staples Addition (Horsepin annexation). Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Brazos River North South LTD. is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a residential subdivision. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. Page 4of13 Minutes of the Regular Session — June 24, 2004 The public hearing was closed at 7:02 p.m. Conduct the second public hearing on the proposed annexation of a 22.55 -acre tract situated in the Jacob Armstrong Survey, Abstract 2, in Chambers County, Texas. The public hearing was called to order at 7:03 p.m. The property is located east of State Highway 146 and south of Staples Addition (Horsepin annexation). Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Brazos River North South LTD. is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a residential subdivision. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was closed at 7:04 p.m. Consider Proposed Resolution No. 040624 -1, granting a petition for annexation submitted by Moody Simmons Baytown Ltd. Proposed Resolution No. 040624 -1 grants the revised petition for annexation submitted by Moody Simmons Baytown Ltd. to annex a 71.570 -acre tract of land in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A -1644, located south of Needlepoint Road and east of Landmark Estates in Harris County, Texas. The petition for annexation has been amended to clearly reflect the petitioner's intention to provide wastewater service with a package plant until the City completes the Northeast Wastewater Treatment Plant. Council approved the original petition for annexation on March 25, 2004. The property is proposed to be developed as a residential subdivision. Bill Pederson, Director of Engineering, explained to Council that the developer will donate the right - of -way and waterline from Sjolander to the east side of the proposed development, which will save the City the expense of constructing a line for the Northeast Wastewater Treatment Plant. In addition, in lieu of a lift station, the developer will install a gravity flow line to the new plant. Council Member Murray moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 5 of 13 Minutes of the Regular Session — June 24, 2004 RESOLUTION NO. 1657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE AMENDED PETITION OF MOODY SIMMONS BAYTOWN, LTD., CONCERNING THE ANNEXATION OF A 71.570 ACRE TRACT OF LAND IN THE WILLIAM BLOODGOOD SURVEY, A-4, AND THE J.P. SJOLANDER SURVEY, A -1644, LOCATED SOUTH OF NEEDLEPOINT ROAD AND EAST OF LANDMARK ESTATES IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct the first public hearing on the proposed annexation of a 71.570 -acre tract of land located in the William Bloodgood Survey, A4, and the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Landmark Estates in Harris County, Texas. The public hearing was called to order at 7:10 p.m. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Moody Simmons Baytown Ltd. is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a residential subdivision. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. City Manager Jackson informed Council that the Service Plans address issues of development of the northern rim of the City. Response times are longer than desired. The development is positive, but the challenge lies in providing services, such as Fire, Police, and EMS, to the area. The public hearing was closed at 7:14 p.m. Conduct the second public hearing on the proposed annexation of a 71.570 -acre tract of land located in the William Bloodgood Survey, A4, and the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Landmark Estates in Harris County, Texas. The public hearing was called to order at 7:15 p.m. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Moody Simmons Baytown Ltd. is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a residential subdivision. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. City Manager Jackson explained that the Service Plans attempt to develop a cost/benefit analysis of an annexation, but are not yet completed. The cumulative impact to future services must be studied. The public hearing was closed at 7:22 p.m. Page 6 of 13 Minutes of the Regular Session — June 24, 2004 Conduct the first public hearing on the proposed annexation of 20.36 -acre tract situated in the H. F. Gillette Survey, Abstract 297 in Harris County, Texas. The public hearing was called to order at 7:22 p.m. The property is located at the northeast corner of the intersection of North Main Street and East Lynchburg -Cedar Bayou Road. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the first of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Trinity Episcopal Church, through the Protestant Episcopal Church of the Diocese of Texas, is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a church. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was closed at 7:24 p.m. Conduct the second public hearing on the proposed annexation of 20.36 -acre tract situated in the H. F. Gillette Survey, Abstract 297 in Harris County, Texas. The public hearing was called to order at 7:24 p.m. The property is located at the northeast corner of the intersection of North Main Street and East Lynchburg -Cedar Bayou Road. Texas Local Government Code, Section 43.063 requires the City Council to conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the public hearings. Notice of the public hearing was published in The Baytown Sun on June 13, 2004 and posted on the City's website on the same day, at least twenty and more than ten days prior to today's date. Trinity Episcopal Church, through the Protestant Episcopal Church of the Diocese of Texas, is requesting annexation as a prerequisite to receiving City services. The property is proposed to be developed as a church. The service plan for the annexation is provided in your packet. The annexation ordinance may be considered when 20 days have elapsed after the public hearing. The final reading may be held 30 days after the ordinance is passed on its first reading and published. The public hearing was closed at 7:25 p.m. Consider Proposed Resolution No. 040624 -2, repealing Resolution No. 785, electing to participate in a single appraisal district, and selecting Chambers County Appraisal District as the appraisal district for all properties in the Chambers County portion of the City of Baytown. Hams County Appraisal District will continue to appraise the properties in the Harris County portion of the City of Baytown. Goose Creek CISD and Lee College are currently appraised by both Chambers and Harris County Appraisal Districts. The City of Baytown is appraised only by Harris County Appraisal District. Passing a resolution to select Chambers County Appraisal District to appraise the Chambers County portion of the City of Baytown will simplify the notifications and administration of property for the City of Baytown taxpayers in Chambers County. Page 7 of 13 Minutes of the Regular Session — June 24, 2004 Charlene Piggott, Director of Tax Services for Goose Creek Consolidated Independent School District, addressed Council regarding this item. She noted that this change will simplify billing and collection processes in addition to the benefits to the taxpayers. These include: • The taxpayer would have only one location for exemption filing and value protests; • The taxpayer and service industries (title and mortgage companies) would have only one parcel account identification for the property, as is the case in all other scenarios for property owners in the State of Texas; • The appraisal district costs that will be impacted due to new law requiring representation at both value hearings for value protests would not occur; and, • For taxpayers that were not aware that two locations and forms were required for exemption filing and only filed in one location would benefit from getting the exemption for all jurisdictions. City Manager Jackson noted that if adopted, this change could be permanent. He also said that the ordinance would impact those Industrial Development Agreements with companies in Chambers County which would need to be amended by Council in the near future. Council Member Murray moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REVOKING THE CHOICE MADE VIA RESOLUTION NO. 785 ADOPTED ON SEPTEMBER 10, 1981, TO PARTICIPATE IN A SINGLE APPRAISAL DISTRICT; SELECTING THE CHAMBERS COUNTY APPRAISAL DISTRICT AS THE APPRAISAL DISTRICT FOR ALL PROPERTIES IN THE CHAMBERS COUNTY PORTION OF THE CITY OF BAYTOWN AND THE HARRIS COUNTY APPRAISAL DISTRICT AS THE APPRAISAL DISTRICT FOR ALL PROPERTIES IN THE HARRIS COUNTY PORTION OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040624 -1, authorizing the City Manager to negotiate and execute a contract with Union Pacific Railroad for the construction of a road crossing at the entrance to the new Northeast Wastewater Treatment Plant. The site of the new Northeast Wastewater plant on Needlepoint Road lies across the Union Pacific (UP) tracks. We obtained a "crossing permit' from UP prior to purchase of the property. This ordinance will authorize the City Manager to enter into a construction contract for UP to construct the crossing at a cost not to exceed $65,000. Once this crossing is installed we can construct our entry road and begin clearing the site in preparation for construction. Page 8 of 13 Minutes of the Regular Session — June 24, 2004 Council Member Renteria moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9822 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH UNION PACIFIC RAILROAD FOR THE CONSTRUCTION OF A ROAD CROSSING AT THE ENTRANCE TO THE NEW NORTHEAST WASTEWATER TREATMENT PLANT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED SIXTY -FIVE THOUSAND AND NO /100 DOLLARS ($65,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF Consider Proposed Ordinance No. 040624 -2, awarding a professional services contract for quality assurance testing for the construction of the Emergency Operations Center and the Police Academy. Proposed Ordinance No. 040624 -2 awards a professional services contract in an amount not to exceed $37,500 to HTS, Inc. Consultants to provide professional services for the construction of the new Emergency Operations Center and the Police Academy. Compensation for providing this service will be based on a time and materials basis for a not to exceed amount of $37,500. The scope of work includes quality assurance testing in accordance with the construction contract documents and the attached proposal for testing services for the Emergency Operations Center and the Police Academy. Funding will be provided through the CCPD construction fund. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Im Page 9 of 13 Minutes of the Regular Session — June 24, 2004 ORDINANCE NO. 9823 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 A PROFESSIONAL SERVICES AGREEMENT WITH HTS, INC., CONSULTANTS FOR ENGINEERING AND CONSTRUCTION MATERIAL TESTING AND INSPECTION SERVICES ASSOCIATED WITH THE EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED THIRTY -SEVEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($37,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive and discuss a presentation related to the transfer of the ground lease with Angel Brother Enterprises, Ltd. on Bayland Island. Angel Brothers Enterprises, Ltd. is negotiating for the sale of the building to Jim DeFoyt. It will also be necessary to assign the ground lease that covers the property on which the building is located. The City must grant its consent to the transfer of the lease. City Manager Jackson noted that the terms and conditions of the original lease with Angel Brother Enterprises, Ltd. will apply to the new leaseholder and that the City may not unreasonably withhold consent to the transfer. Council Member Murray moved approval of the transfer of the ground lease with Angel Brother Enterprises, Ltd. on Bayland Island to Jim DeFoyt. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consent Agenda a. Proposed Resolution No. 040624 -3 approves acceptance of the 2004 Homeland Security Grant Program. The offered grant is in the amount of $180,582 in specialized equipment and services designed to enhance our current capabilities to respond to a possible terrorist or hazardous materials event. This program requires no matching funds from the City. By qualifying for the 2003 funding, the City automatically qualified for the 2004 and 2005 funding, when appropriated by Congress. This grant program is a continuation from the 2003 Homeland Security Grant for Emergency Responders for Terrorism Preparedness and Response. This program is designed to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose, thus enhancing overall response capabilities. Page 10 of 13 Minutes of the Regular Session — June 24, 2004 b. Proposed Resolution No. 040624 -4 approves acceptance of the subrecipient award for the 2004 Law Enforcement Terrorism Protection Program Grant offered by the Texas Engineering Extension Service State Homeland Security Grant Program. The offered grant is in the amount $118,240 to hire a consultant to conduct a comprehensive inventory assessment of the potential targets in the Baytown area. The grant requires no matching funds from the City. The City qualified for this grant in 2003 by submitting the Local Vulnerability and Treat Assessment for the 2003 Homeland Security Grant Program. Acceptance of this grant will enable the City and our Industry Partners to analyze current security measures and identify mitigation projects needed to reduce the threat and vulnerability to the City if an act of terrorism occurs at an industrial facility in the Baytown area. Proposed Ordinance No. 040624 -3 awards the annual electrical motor control center services contract in the amount of $40,000 to Baytown Electric Company. Invitations to bid were mailed to eight (8) suppliers. We received two (2) bids and one no -bid. This annual electrical motor services contract is primarily used by the Wastewater Treatment Plants and Lift Stations for control panel board electrical work. Council Member Renteria moved adoption of the consent agenda, items a through c. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2004 HOMELAND SECURITY GRANT FROM THE TEXAS ENGINEERING EXTENSION SERVICE IN THE AMOUNT OF ONE HUNDRED EIGHTY THOUSAND FIVE HUNDRED EIGHTY -TWO AND NO 1100 DOLLARS ($180,582.00) FOR SPECIALIZED EQUIPMENT AND SERVICES DESIGNED TO ENHANCE THE CITY OF BAYTOWN'S READINESS AND RESPONSE CAPABILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE SUBRECIPIENT AWARD FOR THE 2004 LAW ENFORCEMENT TERRORISM PROTECTION PROGRAM GRANT FROM THE TEXAS ENGINEERING EXTENSION SERVICE STATE HOMELAND SECURITY GRANT PROGRAM IN THE AMOUNT OF ONE HUNDRED EIGHTEEN THOUSAND TWO HUNDRED FORTY AND N0 1100 DOLLARS ($1 18,240.00) TO HIRE A CONSULTANT TO CONDUCT A COMPREHENSIVE INVENTORY ASSESSMENT OF THE POTENTIAL TARGETS IN THE BAYTOWN AREA; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page I 1 of 13 Minutes of the Regular Session — June 24, 2004 ORDINANCE NO. 9824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN ELECTRIC COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL CENTER SERVICES CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF FORTY THOUSAND AND NO /100 DOLLARS ($40,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Announcement of Mayor's appointments to the Baytown Housing Authority. The appointments are made by the Mayor pursuant to Texas Local Government Code, Sections 392.031 and 392.0331. The terms of Hector Meza, Wayne Hanson, and Linda Winkelman expire on July 1, 2004. Ms. Winkelman has retired from her employment and will be moving to Florida in the near future. Mayor Mundinger announced his appointment of Hector Meza and Wayne Hanson to the Baytown Housing Authority. Consider appointments to Baytown Housing Finance Corporation. The Baytown Housing Finance Corporation board is interlocking with the Baytown Housing Authority board. The terms of Hector Meza, Wayne Hanson, and Linda Winkelman expire on July 1, 2004. Mr. Meza and Mr. Hanson have agreed to continue to serve if reappointed by Council. Ms. Winkelman is unable to continue to serve, as she will be relocating outside the community. Council Member Murray moved appointment of Hector Meza and Wayne Hanson to the Baytown Housing Finance Corporation. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Baytown Municipal Development District. Directors Fritz Lanham and Leonard Stasney's terms expire at the end of June 2004. Each has agreed to continue on the Board if the Council reappoints him. Of the 22 meetings held since their appointment in June 2002, Mr. Lanham has attended 19 and Mr. Stasney has attended 16 meetings. Council Member Sheley moved appointment of Fritz Lanham and Leonard Stasney to the Baytown Municipal Development District. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 12 of 13 Minutes of the Regular Session — June 24, 2004 City Manager's Report. City Manager Jackson asked Scott Johnson, Parks and Recreation Director, to describe the upcoming schedule of events for July. Mr. Johnson informed Council that Hanna's Reef and The Coastliners will entertain at the Summer Concert Series on July 3`d at Bicentennial Park beginning at 6:00 p.m. The July 4'h Celebration will begin at 2:00 p.m. at Bicentennial Park. Entertainment includes Texas Squeeze, 4- Barrel Ramblers, Ram Herrera, Charlie Robison, and special guest artist Guy Clark. The annual parade will begin at 6:00 p.m. and the Fireworks Celebration will kick off at 9:45 p.m. Mr. Johnson said it was rumored that the new "Mayor of Downtown" would be announced sometime during the festivities. Mr. Jackson reminded Council, as discussed during the work session held prior to the meeting, that a special meeting will be held on Thursday, July 1, 2004 at 1:00 p.m. Conduct the appeal, filed by Nikki Guzman, of the denial of utility service pursuant to the policy for the provision of utility services outside the City limits. Mayor Mundinger called to order the hearing on the appeal of the denial of utility service pursuant to the policy for the provision of utility services outside the city limits. He stated that as with all hearings before the City Council, the rules of evidence would be informal; however, he asked both parties to refrain from using irrelevant or redundant testimony. Mayor Mundinger swore in all witnesses. He asked for opening statements of up to three minutes each from both sides, beginning with Nikki Guzman. Ms. Guzman informed Council that she wanted to open a Sno -Cone Stand located in the City's ETJ at 504 W. Lynchburg Cedar Bayou and was requesting a variance to the provision of the denial of utility service outside the City limits. She said the business would be small, with one restroom and three employees. Gregory Stubbs, Director of Planning, reminded Council of its policy adopted on November 13, 2003, which provided utility service to an industry in an industrial district, but denied wastewater service to individual or commercial users or to residential subdivisions. Each could request annexation in order to become a wastewater customer. This policy had been unanimously adopted by Council because of concerns about wastewater capacity for residents inside City limits. Mr. Stubbs said Ms. Guzman had requested water and wastewater service but did not wish to be annexed. When that request was denied according to the policy, she had asked to tap into the sewer line at a nearby house. Mr. Stubbs said that State regulations do not allow a commercial establishment to connect to a residential meter. Mr. Stubbs noted that the policy contained no variance provisions and should be amended to address situations such as this. He stated that by granting this variance, Council would be setting a precedent to allow others to make the same request. Ms. Guzman, in her closing statement, offered to pay for the cost of water and wastewater taps. Page 13 of 13 Minutes of the Regular Session — June 24, 2004 Mr. Stubbs made no closing statement. Consider affirming, modifying, or reversing denial of utility service pursuant to the policy for the provision of utility services outside the City limits. Council Member Renteria moved to reverse denial of utility service pursuant to the policy for the provision of utility services outside the City limits. Council Member Mahan seconded the motion. Discussion followed regarding the risk of litigation if the variance were granted, especially since others have been denied since the adoption of the policy. City Attorney Ramirez opined that the decision could be challenged on the grounds of discrimination, or for being arbitrary and capricious. Council Member Mahan withdrew his second to the motion. Council Member Renteria's motion failed for want of a second. When it was suggested that the City was more business - friendly to larger businesses, (i.e., Wal- Mart), City Manager Jackson noted that Wal -Mart lies within an Industrial District, per the regulations in the policy. Council Member Murray moved to deny utility service pursuant to the policy for the provision of utility services outside the City limits. The motion died for lack of a second. Council Member Sheley moved to table this item and the previous item to the July 8, 2004 City Council meeting in order for staff to provide Council with more information. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:25 p.m. Gary W. Smith City Clerk