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2004 07 08 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 8, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on July 8, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Karen Horner Gary W. Smith Absent was: Ronnie Anderson Council Member Council Member Council Member Council Member Mayor City Manager First Assistant City Attorney City Clerk Council Member The meeting was opened with a quorum present and Council Member Renteria 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 special meeting held on June 22, 2004. Council Member Renteria moved approval of the minutes of the work session and special meeting held on June 22, 2004. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider approval of minutes of the work session and regular meeting held on June 24, 2004. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on June 24, 2004. 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 2 of 13 Minutes of the Regular Session — July 8, 2004 Citizen Communications: James A. Davis, 1808 E. James Avenue, Baytown, addressed Council requesting final payment for architectural services for the renovation of City Hall. Mayor Mundinger referred Mr. Davis' request to the City Manager for response. City Manager Jackson informed Council that staff had evaluated all information and all payments had been made in accordance with the contracts. First Assistant City Attorney Horner stated that the statute of limitations for payment had since passed, which bars the City from making further payment to Mr. Davis. After brief discussion, it was the consensus of Council that further information regarding notice of claim be made available to Council at the next regular meeting on July 22, 2004. Consider Proposed Ordinance No. 040708 -1, approving a contract for professional services for the design of the landscaping of Decker Drive. Proposed Ordinance No. 040708 -1 approves a professional services contract in an amount not to exceed $30,000 with Clark Condon Associates for the design of the Decker Drive landscape project. The not to exceed fee for this project is based upon the estimated time for professional services plus reimbursable expenses as follows: preliminary plans, $5,000; design development, $6,000; construction documents, $16,000; and reimbursable expenses, $3,000. The Council's A/E Selection Committee recommended Clark Condon Associates at its May 3, 2004 meeting. Contract negotiations began almost immediately with the firm to develop the scope of work for the project. Funding is available through an interlocal agreement with the Baytown Municipal Development District, approved by Council on April 8, 2004. The Texas Department of Transportation (TxDOT) and the City of Baytown plan to landscape 4.3 miles of the recently completed Spur 330 (Decker Drive) using TxDOT standards and procedures. The project limits are between Spring Gully and the end of the freeway near the ExxonMobil White House. TxDOT has budgeted approximately $300,000 for the project. TxDOT will be responsible for approving the plans and specifications, as well as constructing the project. The City of Baytown Parks and Recreation Department will commit one employee to ensure the plans and specifications are followed. TxDOT will match the design fee and the cost of the City's employee who will conduct inspections of the work with additional landscaping. Planning and engineering of the project is expected to take 6 to 8 months with construction expected to begin next year (2005). Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. Council Member Murray said that the design of the project could be patterned to cover the area from the City limits to Interstate 10 with funds from private sources. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 3 of 13 Minutes of the Regular Session — July 8, 2004 ORDINANCE NO. 9826 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 CLARK CONDON ASSOCIATES, INC., FOR THE DESIGN OF THE LANDSCAPING PLAN FOR DECKER DRIVE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040708 -2, authorizing an interlocal agreement with the Baytown Municipal Development District to provide funding for the construction of the Goose Creek Stream Trail Project, Phase III. Phase III was started in 1993. It is a $2,349,314.16 project funded by an 80/20 federal grant from a federal Intermodal, Surface Transportation Enhancement Act of 1991 (ISTEA) grant and an 80/20 Congestion Mitigation Air Quality (CMAQ) grant. The City's match for the project is $469,862.83 and, due to funds in excess of the federal share, right -of -way costs, and design costs paid by the City, the total funds owed by the City is $308,430.42. This phase will extend the trail from Arizona Street to West Texas Avenue. The agreement will be presented to the MDD at its next meeting. Mery Rosenbaum, 423 Willow Lane, Chairman of the Goose Creek Stream Development Committee, spoke in support of this project. Council Member Murray 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. ORDINANCE NO. 9827 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 THE FINAL DESIGN AND ENGINEERING FOR THE GOOSE CREEK STREAM PHASE III PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. im Page 4of13 Minutes of the Regular Session — July 8, 2004 Consider Proposed Ordinance No. 040708 -3, approving the payment for the Goose Creek Stream Trail Project, Phase III. Proposed Ordinance No. 040708 -3 conditionally approves the payment of $308,430.42 to the Texas Department of Transportation (TxDOT) for the City's funding participation in the Goose Creek Stream Trail Project, Phase III. The total project estimate is $2,349,314.16 with $1,699,892 in federal matching funds; the City's match is $649,422.16. Since the City has already purchased $305,184.91 of right -of -way and has paid $35,806.83 for its part of the design cost, the amount owed by the City is $308,430.42. The project is $179,559.33 in excess of the federal share. Staff is pursuing additional grant funding through TxDOT and the HGAC. The Baytown Municipal Development District is scheduled to consider approval of an additional $240,000 for the project at its next meeting. This ordinance is conditioned on MDD's approval of the additional funding. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9828 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONDITIONALLY AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF THREE HUNDRED EIGHT THOUSAND FOUR HUNDRED THIRTY AND 42/100 DOLLARS ($308,430.42) TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY'S FUNDING PARTICIPATION IN THE GOOSE CREEK STREAM TRAIL PROJECT, PHASE III; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0407084, repealing Chapter 74 "Peddlers and Solicitors," Article II "Itinerant Merchants" of the Code of Ordinances, City of Baytown, Texas, in its entirety and amending Chapter 74 "Peddlers and Solicitors" of the Code of Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article II "Itinerant Merchants and Open Air Vendors" to establish requirements to obtain an itinerant merchant license as well as an open air vendor license, to regulate those obtaining such licenses in order to advance the health, safety, and welfare of the city and its inhabitants. City Manager Jackson reminded Council that this ordinance had been discussed in previous work sessions. He said that staff had met with both the Baytown Chamber of Commerce and the Hispanic Chamber of Commerce and had incorporated their comments and suggestions into the ordinance. He said the fine had been increased from $100 to $200, and door -to -door sales would be prohibited on Sundays. He stated that each itinerant vendor must have the permit with them during a sale. The ordinance does not deal with the sale of animals; that will be addressed through an amendment to the Animal Control Chapter in the Code of Ordinances. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. Page 5 of 13 Minutes of the Regular Session — July 8, 2004 Discussion followed regarding the impact of the ordinance on home occupations, (which are regulated by the Zoning Ordinance), and how this ordinance compares to those in surrounding cities. It was determined that Baytown's ordinance is more restrictive than most other cities. Concern was expressed that the ordinance could be over - legislating the activities of citizens trying to earn a living. Staff was commended for seeking input from the Chambers of Commerce. The positive influence on the City's image, as well as the increase in sales and property taxes was noted. The vote follows: Ayes: Council Members Mahan, Murray, and Sheley. Mayor Mundinger. Nays: Council Member Renteria. The motion carried. ORDINANCE NO. 9829 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 74 "PEDDLERS AND SOLICITORS," ARTICLE II "ITINERANT MERCHANTS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, IN ITS ENTIRETY; AMENDING CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE H "ITINERANT MERCHANTS AND OPEN AIR VENDORS" TO ESTABLISH REQUIREMENTS TO OBTAIN AN ITINERANT MERCHANT LICENSE AS WELL AS AN OPEN AIR VENDOR LICENSE, TO REGULATE THOSE OBTAINING SUCH LICENSES IN ORDER TO ADVANCE THE HEALTH, SAFETY, AND WELFARE OF THE CITY AND ITS INHABITANTS; PRESCRIBING A MINIMUM PENALTY OF TWO HUNDRED AND N01100 DOLLARS ($200.00) AND A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040708 -5, approving the land use assumptions and capital improvements plan. Pursuant to Chapter 395 of the Texas Local Government Code, the City Council is required to approve or disapprove the land use assumptions and capital improvements plan within 30 days after the date of the public hearing. Council held the public hearing concerning the assumptions and plan at its last Council meeting on June 24, 2004. This is the next step in the process necessary to impose an impact fee pursuant to Chapter 395 of the Texas Local Government Code. Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 6 of 13 Minutes of the Regular Session — July 8, 2004 ORDINANCE NO. 9830 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ADOPTING THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040708 -1 setting the public hearing to discuss the imposition of the impact fee. This proposed resolution sets the public hearing for 6:40 p.m., on August 12, 2004, in the Council Chamber of City Hall. Notice of the public hearing will be published and mailed, if required, in accordance with law. The publication must be thirty days prior to the date set for the public hearing. The City Council is required to adopt this resolution at the same meeting in which Council adopts the land use assumptions and capital improvements plan. This is the next step in the process necessary to impose an impact fee pursuant to Chapter 395 of the Texas Local Government Code. Council Member Mahan moved adoption of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO DISCUSS THE IMPOSITION OF THE IMPACT FEE AND THE PROPOSED ORDINANCE IMPOSING SUCH FEE IN THE CITY OF BAYTOWN AND ITS EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution 040708 -2, authorizing the City Manager to file a letter supporting the City of Tyler's position in Utilities Docket No. 9364; Joint Petition of CenterPoint Energy Entex and the City of Tyler for Review of Clearges for Gas Sales, concerning the reimbursement of municipalities' rate case expenses in gas cost review proceedings. By the proposed letter, the City will be concurring with the amicus brief filed by the Texas Municipal League which emphasizes that reimbursement of rate case expenses is critical if cities are to be able to actively participate in gas cost review proceedings and help monitor gas costs flowed through by gas utilities without any prior review. This action will not require any expenditure of funds and will support recovery of the City's costs in any natural gas rate case in which the City may participate. Council Member Sheley moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Page 7 of 13 Minutes of the Regular Session — July 8, 2004 Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO FILE A LETTER SUPPORTING THE CITY OF TYLER'S POSITION IN UTILITIES DOCKET NO. 9364; JOINT PETITION OF CENTERPOINT ENERGY ENTEX AND THE CITY OF TYLER FOR REVIEW OF CHARGES FOR GAS SALES, CONCERNING THE REIMBURSEMENT OF MUNICIPALTIES' RATE CASE EXPENSES IN GAS COST REVIEW PROCEEDINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040708 -3, authorizing submission of the 2004 -2005 Community Development Block Grant Action Plan to the U. S. Department of Housing and Urban Development and related actions. Proposed Resolution No. 040708 -3 authorizes the submission of an annual application and proposed Action Plan to the United States Department of Housing and Urban Development in order to receive the CDBG Entitlement grant. The Community Development Advisory Committee (CDAC) and staff have reviewed 28 proposals and separately formulated funding recommendations for the 2004 -2005 CDBG Action Plan. On June 15, 2004, the CDAC completed its review and voted on a recommendation to forward to City Council. Staff reviewed the CDAC recommendation and concurs with the proposed projects and levels of funding. Attached for City Council review and action are the proposed 2004 -2005 CDBG projects and budget. City Council makes the final decision concerning the activities and level of funding contained in the CDBG budget, which will be submitted as the 2004- 2005 CDBG Action Plan. This item was reviewed by City Council at the June 24, 2004 regular work session. Council Member Murray moved adoption of the proposed resolution. Council Member Renteria seconded the motion. Tiffany Foster, Community Development Planner, and Carl Burg, Vice - Chairman of the Community Development Advisory Committee, reiterated the division of funds that was given at the Council work session held on June 24, 2004. Council Member Murray commended the Committee for the difficult task of fairly allocating the limited amount of available funding among the many entities. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 8of13 Minutes of the Regular Session — July 8, 2004 RESOLUTION NO. 1663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2004 -2005 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Renteria left the meeting at 7:32 p.m. Consent Agenda a. Proposed Ordinance No. 040708 -6 amends Chapter 98 "Utilities," Article III "Water Service," Section No. 98 -57 "Tapping fees" of the Code of Ordinances to increase water tapping fees. Water tap fees are being raised to update fees based on actual costs associated with providing those services. The new rates will become effective July 19, 2004. Water Tap Fees: % inch water tap Inside City From $350 to $450 1 -inch water tap Inside City From $400 to $500 Outside City From $500 to $600 Outside City From $550 to $650 b. Proposed Ordinance No. 040708 -7 approves the purchase of seven vehicles for Harris County Organized Crime and Narcotics Task Force from Lawrence Marshall Chevrolet through H -GAC in the amount of $119,600 including the H -GAC fee of $600. All vehicles are replacement vehicles. The following vehicles are being purchased: uanti Description Unit Price Total Amount 3 2004 Ford Escape $17,000 1 2004 Dodge Grand Caravan SE Wagon $17,000 3 2004 Dodge DR 1500 Quad Cab $17,000 H -GAC Fee Total The following vehicles are being replaced: Year Description 1994 Ford Crown Victoria 1994 Ford Taurus 1993 Chevy Camaro 1998 Ford Winstar 1991 Chevy Suburban 1999 Chevy Extended Cab P/U 1999 Chevy Extended Cab P/U $ 51,000 $ 17,000 $ 51,000 $ 600 $119,600 Mileaze 93,407 73,646 112,441 101,246 137,460 140,139 121,964 Page 9 of 13 Minutes of the Regular Session — July 8, 2004 C. Proposed Ordinance No. 040708 -8 awards the second renewal of the annual mosquito control chemicals contract for items nos. 1 & 5 to Univar USA in the amount of $12,482; item no. 2 to Public Health Equipment & Supply Company, Inc., in the amount of $16,650; and item nos. 3, & 4 to B & G Chemicals and Equipment Company, Inc., in the amount of $3,666. All three companies submitted written requests to renew the current contract for the same pricing, terms and conditions. Quantities remain the same. The total contract award will be $32,798. This annual contract will be used by the Health Department for mosquito control. d. Proposed Ordinance No. 040708 -9 awards the last renewal of the annual residential solid waste collection and disposal services contract to Waste Management of Texas in the amount of $1,696,336.92. Waste Management submitted a written request to renew the current contract for the same unit pricing, terms and conditions. The unit price is $8.31 per residential unit for 17,011 residential units. The monthly cost is $141,361.41. The contract was extended 30 days while negotiating the number of billing units and therefore renewal is effective August 1, 2004. e. Proposed Ordinance No. 040708 -10 awards the annual liquid chlorine contract to Altivia, in the amount of $77,180. Invitations to bid were mailed to 3 suppliers and we received 3 responses. The price per ton, $454, is a 2.7% decrease compared to last year's price per ton. The quantities remain the same as last year's bid. This contract is used for chlorination in the City of Baytown's Wastewater Treatment Plants. f. Proposed Ordinance No. 040708 -11 awards the last renewal of the annual recycling center services contract to Waste Management of Texas in the amount of $74,880. Waste Management has submitted a written request to renew the current contract for the same pricing, terms and conditions. Council Member Sheley moved adoption of the consent agenda, items a through f. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9831 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -57 "TAPPING FEES," SUBSECTIONS (A) AND (B) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO INCREASE WATER TAP FEES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 10 of 13 Minutes of the Regular Session — July 8, 2004 ORDINANCE NO. 9832 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINETEEN THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($119,600.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF SEVEN (7) VEHICLES FOR HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF UNIVAR USA, PUBLIC HEALTH EQUIPMENT & SUPPLY COMPANY, INC., AND B & G CHEMICALS AND EQUIPMENT COMPANY, INC., FOR THE ANNUAL MOSQUITO CONTROL CHEMICAL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -TWO THOUSAND SEVEN HUNDRED NINETY - EIGHT AND NO /100 DOLLARS ($32,798.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED NINETY -SIX THREE HUNDRED THIRTY -SIX AND 92/100 DOLLARS ($1,696,336.92); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9835 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ALTIVIA CORPORATION FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -SEVEN THOUSAND ONE HUNDRED EIGHTY AND NO /100 DOLLARS ($77,180.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE ANNUAL RECYCLING CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY -FOUR THOUSAND EIGHT HUNDRED EIGHTY AND NO /100 DOLLARS ($74,880.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 13 Minutes of the Regular Session — July 8, 2004 Consider Proposed Resolution No. 0407084, amending Resolution No. 1615 to establish variance procedures and criteria for the policy concerning the provision of utility services outside the city limits. Proposed Resolution No. 040708 -4 amends Resolution No. 1615, adopted by City Council on November 13, 2003, to establish a procedure and criteria for the granting of a variance to the policy for the provision of utility services outside the city limits. City Manager Jackson explained that staff had attempted to develop criteria for variances on utilities outside City limits. He commended Gregory Stubbs, Planning Director, for his review of other cities' policies. He said the criteria in the resolution adopted on November 13, 2003 set a policy to preserve the City's limited wastewater capacity, promote infill and develop the tax base. He said it was a step toward preserving a valuable commodity. One of the suggested criteria for a variance is that the applicant must be the owner of the property. Also, if variances are granted, is the policy itself necessary? Staff is not comfortable that all legal ramifications have been considered. Council Member Sheley stated that he supports all enterprises, but the City's precious resources must be preserved. He said that Council's duty is to the residents within the City limits. Mayor Mundinger said this is not just about a Sno -Cone Stand; it is a broader issue. He said his concern is that the City will be providing a core City service in this case, which in turn could cause inter - Baytown small businesses to then locate outside the City in order to avoid paying City taxes. He said a ripple effect could cause an exodus out of the City limits for small businesses, while they still receive some core City services, further eroding small business in the City. He said he was hesitant to proceed with Ms. Guzman's request and would not vote to approve it at this point. Council Member Murray said it was clear to him, after hearing the City Manager discuss staff's struggle to draft this resolution, that even they are not satisfied with the finished product. He said the City Manager made one key point and that is, a policy is in place, so why is this amendment necessary? He noted that the issue is critical to the City and he considers this resolution over - legislation. He said the original policy stands on its own merit, the entire Council had endorsed it, and he continues to agree strongly with it. He stated that Council should instruct staff to follow the policy as it has been doing up to this point, and Council should also send a signal to the community that the City doesn't want to share its scare resources outside City limits. He said if a business is good on one side of the street, it should be just as good on the other; he encourages development within the City. Council Member Mahan noted that, in the resolution, Item 3. Variance Permit Criteria, No. 3., "No other property exists within the corporate limits of the City..." makes Ms. Guzman's appeal impossible. Council Member Murray agreed and said that Council should instruct staff to enforce the policy rigorously. Council Member Mahan said he did not believe it likely that another suitable area within the City could not be found to suit Ms. Guzman's purpose. ,, Council Member Murray moved to not approve the proposed resolution and for staff to continue to enforce the current policy. After City Clerk Smith referred to Roberts Rules of Order regarding several options regarding the motion on the floor, Council Member Murray withdrew his motion. Page 12 of 13 Minutes of the Regular Session — July 8, 2004 Council Member Murray asked that the record reflect that he suggested that Council reinforce its support of the policy and staff be so instructed to continue to implement it. Mayor Mundinger called three times for a motion. The item died for lack thereof. 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. The appeal hearing was not re- opened. Consider affirming, modifying, or reversing denial of utility service pursuant to the policy for the provision of utility services outside the city limits No action was taken on this item. Consider appointment to the Board of Directors of the Baytown Industrial Development Corporation. Coleman Godwin has submitted his resignation from the Board of Directors. It is the practice of the Council to appoint the members of City Council to the IDC Board. Sammy Mahan, Council Member District 6, may be appointed to the Board. Council Member Sheley moved appointment of Sammy Mahan, Council Member District 6, to the Board of Directors of the Baytown Industrial Development Corporation. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Baytown Industrial Appraisal Review Board. Council annually appoints the members of the Baytown Industrial Appraisal Review Board. Each present member, Ronn Haddox, Joe Muller, and David A. Sherron, has agreed to serve if reappointed by Council. Council Member Sheley moved appointment of Ronn Haddox, Joe Muller, and David A. Sherron to the Baytown Industrial Appraisal Review Board. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 13 of 13 Minutes of the Regular Session — July 8, 2004 City Manager's Report. Mr. Jackson presented a tabulation of the 2004 -05 City Council budget questionnaire survey results. Mr. Jackson informed Council that on Wednesday, June 23, between the hours of 6:00 -10:00 p.m., the City received 5.8" of rainfall, 5" of which fell between the hours of 7:00 and 9:00 p.m. He said that internal storm systems are designed for a 2 -5 year storm event, the outfall for a 100 -year storm event, and subdivisions for 5 -year events. This particular rainfall event exceeded that in intensity and was closer to a 25 -50 year event. He said that the storm exceeded that of Tropical Storm Allison. There were many calls and crews worked around the clock to respond. This rainfall event exceeded the design capacity. Mr. Jackson noted that lightning during severe weather caused a power outage at the Baytown Area Water Authority on Sunday, June 20. Cris Harrington, Johnny Malone, Joey Defusto, and Mike Johnson were able to maintain water service and bring the plant back to full power on Monday, June 21 at 12:30 p.m. Mr. Jackson announced that Assistant City Clerk Patti Merrell and City Clerk Gary W. Smith had been accepted into the International Institute of Municipal Clerks Master Municipal Clerks Academy Program. Mayor Mundinger thanked all City employees for their hard work during the 4'h of July celebration. Council Member Sheley told the Mayor that his thoughts and prayers were with him during this time of mourning for the loss of his mother. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:05 p.m. Gary V. Smith City Clerk