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2004 08 12 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 12, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 12, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith 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 and 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 July 22, 2004. Council Member Mahan moved approval of the minutes of the work session and regular meeting held on July 22, 2004. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider approval of the minutes of the special meeting held on July 30, 2004. Council Member Mahan moved approval of the minutes of the special meeting held on July 30, 2004. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 2 of 12 Minutes of the Regular Session — August 12, 2004 Consider approval of the minutes of the work session held on August 2, 2004. Council Member Anderson moved approval of the minutes of the work session held on August 2, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider approval of the minutes of the work session held on August 3, 2004. Council Member Murray moved approval of the minutes of the work session held on August 3, 2004. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. Council Member Renteria abstained. The motion carried. Consider approval of the minutes of the work session held on August 4, 2004. Council Member Mahan moved approval of the minutes of the work session held on August 4, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider confirmation of the Mayor's appointments to the Parks and Recreation Board. The terms of Howard Hunt and Gilbert Hinojosa will expire on August 31, 2004. During the most recent term, Mr. Hunt attended 20 and Mr. Hinojosa attended 14 of the 26 meetings of the Board. Each has indicated a willingness to continue their service to the City. Council Member Renteria moved confirmation of the Mayor's appointments of Howard Hunt and Gilbert Hinojosa to the Parks and Recreation Board. Council Member Sheley seconded the motion. The vote follows: Page 3 of 12 Minutes of the Regular Session — August 12, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carved. Consider appointment of the alternate member to the Houston Galveston Area Council Board of Directors. Former Mayor Pete C. Alfaro was appointed as the alternate member of the HGAC board. This position must be filled by an elected official. It is necessary to appoint a member of Council to replace Mr. Alfaro in this position. Council Member Murray moved appointment of Mayor Calvin Mundinger as the alternate member to the Houston Galveston Area Council Board of Directors. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointments to the Baytown Area Water Authority Board. The terms of Peter Buenz and Knox T. Beavers expire on September 1, 2004. Both have agreed to serve if reappointed by council. During the most recent term, Mr. Buenz attended 15 and Mr. Beavers attended 16 of the 17 meetings of the Board. Council Member Anderson moved appointment of Peter Buenz and Knox T. Beavers to the Baytown Area Water Authority Board. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 4 of 12 Minutes of the Regular Session — August 12, 2004 Consider Proposed Ordinance No. 040812 -2, the first reading of the Ordinance annexing property currently within the extra- territorial jurisdiction of the City of Baytown and being a 20.36 acre tract situated in the H. F. Gillette Survey, Abstract 297 in Harris County, Texas and the adjacent portion of North Main Street. The property is located at the northeast corner of the intersection of North Main Street and East Lynchburg -Cedar Bayou Road. Trinity Episcopal Church, through the Protestant Episcopal Church of the Diocese of Texas, the owner of the property, requested annexation as a prerequisite to receiving City services. The property is proposed to be developed as a church. City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on June 24, 2004. If approved on first reading, the ordinance will be published on August 16, 2004, and may be read for the second time on September 23, 2004. Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 20.36 ACRE TRACT OF LAND IN THE H.F. GILLETTE SURVEY, ABSTRACT 297, HARRIS COUNTY, TEXAS, AND THE ADJACENT PORTION OF NORTH MAIN STREET; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Resolution No. 040812 -1, granting a petition for annexation of 2.7 acres of land in Chambers County submitted by Brazos River North South, Ltd. Proposed Resolution No. 040812 -1 grants the petition for annexation submitted by Brazos River North South, Ltd. to annex a 2.70 -acre tract of land in the Jacob Armstrong Survey, Abstract 2, in Chambers County, Texas, immediately south of the same owner's proposed residential subdivision, east of Highway 146 and north of FM 1405. The petition has been submitted as a prerequisite for obtaining utility services. A portion of the property owned by the petitioner is already within the corporate limits of the City. The property is proposed to be developed as a residential subdivision. Council Member Mahan moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Page 5 of 12 Minutes of the Regular Session — August 12, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BRAZOS RIVER NORTH SOUTH, LTD., CONCERNING THE ANNEXATION OF A 2.7 ACRE TRACT OF LAND IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040812 -2, denying the claim for compensation asserted by James A. Davis related to the renovation of Baytown City Hall. On July 8, 2004, Mr. Davis addressed City Council requesting payment for services he claims to have rendered and received compensation related to the renovation of City Hall. The Administrative staff has previously denied his claim for payment. Notwithstanding the fact that the City has fully compensated Mr. Davis for his services, his claim is time - barred and the City may not pay him. City Manager Jackson informed Council that, after conferring with both the Finance Director and the City Attorney, it was found that this claim for compensation is not valid. He said even if it were a legitimate claim, the statute of limitations bars Council from making the payment. At this time, the Mayor opened the public hearing, scheduled for 6:40 p.m. Conduct the public hearing to discuss the imposition of the impact fee. The public hearing was called to order at 6:40 p.m. Notice of the public hearing was published and mailed, if required, on Saturday, July 10, 2004, at least thirty days prior to the date set for the public hearing. The maximum amount of the proposed impact fee per service unit is $2,243.46. This is the next step in the process necessary to impose an impact fee pursuant to Chapter 395 of the Texas Local Government Code. The City Council, within 30 days after the date of the public hearing on the imposition of the impact fee, shall approve or disapprove the imposition of an impact fee. If approved, such fee may be the proposed impact fee per service unit as stated above or some lesser amount as determined by the City Council. Joe Ornowski, of PBS &J, reviewed the equity residual model that was used to develop the impact fee. The model was designed to eliminate cross - subsidization, i.e., to prevent ratepayers from paying for additional capacity due to development. It will also prevent developers from paying the equivalent of taxes. The impact fees of other Texas cities were reviewed. For Baytown, the maximum impact fee was calculated at $2,243.46. The average fee of the cities surveyed was $2,046.12. The maximum impact fee was compared to the fees currently charged. Page 6 of 12 Minutes of the Regular Session — August 12, 2004 The following persons registered to speak to Council concerning the imposition of the impact fee: Mackey Skinner, 4817 Burning Tree Drive Mr. Skinner spoke in opposition to the imposition of the impact fee. Chris Presley, P. O. Box 239 Mr. Presley spoke neither in favor nor opposition to the imposition of the impact fee. He asked that Council impose the fee to encourage smart growth and affordable housing. Glenn Angel, 5210 West Road Mr. Angel spoke in opposition to the imposition of the impact fee. The public hearing was closed at 6:58 p.m. Discussion continued on the previous item: City Attorney Ramirez opined that because the statute of limitations for payment had since passed, the City could not make the payment, even if it were owed. Mayor Mundinger called three times for a motion. There was no response, and no action was taken on this item. Consider Proposed Ordinance No. 040812 -1, repealing Chapter 98 "Utilities," Article III "Water Service," Section 98 -59 "Rates," Subsection (f)(1) "Service for property outside the city": "Capital charge" and Chapter 114 "Sewer and Water Line Extensions," Article IV "Connection Charges" and Article V "Refunds" of the Code of Ordinances, City of Baytown, Texas, and amending Chapter 114 "Sewer and Water Line Extensions" of the Code of Ordinances, City of Baytown, Texas, to add a new article to be numbered and entitled Article IV "Impact Fees" to establish impact fees in accordance with Chapter 395 of the Texas Local Government Code. The proposed ordinance seeks to ensure the provision of adequate public facilities to serve new development by requiring each such development to pay its pro rata share of the costs of water and wastewater capital improvements attributable to such new development. This is the last step in the impact fee process. Council has already held the requisite public hearings and given the appropriate notices for each such hearing. PSB&J, the City's consultant, has determined that the maximum amount of the proposed impact fee per service unit is $2,243.46. The City Council, within 30 days after the date of the public hearing on the imposition of the impact fee (Thursday, August 12, 2004), shall approve or disapprove the imposition of an impact fee. The fee may be the proposed impact fee per service unit as stated above or some lesser amount as determined by the City Council. How the impact fee is calculated and its influence on development was discussed. Page 7 of 12 Minutes of the Regular Session — August 12, 2004 City Manager Jackson informed Council that this item would be placed on the next agenda for consideration. Consider Proposed Resolution No. 040812 -3, canceling the regular City Council meeting of October 28, 2004 and calling a special City Council meeting for October 26, 2004 to avoid a conflict with the Texas Municipal League Annual Conference. The Texas Municipal League Annual Conference is scheduled for October 27 through October 29 in Corpus Christi. Canceling the regular meeting and calling a special meeting for Tuesday, October 26`h will allow Council and members of staff to attend the Conference. Council Member Renteria moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON OCTOBER 26, 2004, AT 6:30 P. M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON OCTOBER 28, 2004, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040812 -3, accepting Amy, McFarland, and Fleetwood as 100% complete and to release the retainage to D &W Contractors, Inc. for the 2001 Street Bond Project — Phase I. Proposed Ordinance No. 040812 -3 accepts Amy, McFarland, and Fleetwood as 100% complete and releases the retainage, in the amount of $42,709.10, to D &W Contractors, Inc. for the 2001 Street Bond Project — Phase I. Section 7.05 of the contract stipulates that the City is to release the retainage for each street once the street is accepted. The one -year warranty period for the above mentioned streets begin upon acceptance of this ordinance. The scope of work included street reconstruction and replacement of the existing pavement with reinforced concrete. There were also some reconstruction and replacement of the affected sanitary sewer lines, water lines, and storm sewers. The project was funded by the 2002 General Obligation Bonds. Council Member Mahan moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Page 8of12 Minutes of the Regular Session — August 12, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING AMY DRIVE, MCFARLAND STREET, AND FLEETWOOD STREET OUT OF THE 2001 STREET BOND PROJECT — PHASE I BEING AS FINALLY COMPLETE; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -TWO THOUSAND SEVEN HUNDRED NINE AND 10 /100 DOLLARS ($42,709.10) FOR SUCH STREETS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040812 -4, authorizing an Industrial District Agreement with Borden Chemical, Inc. Proposed Ordinance No. 040812 -4 authorizes an Industrial District Agreement with Borden Chemical, Inc., for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2004, as its prior agreement with the City expired on April 27, 2004. Because the 2003 values, which are the values most recently certified and/or approved as of the date of the agreement, are more than the 2002 values, the 2003 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 Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9849 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 BORDEN CHEMICAL, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 12 Minutes of the Regular Session — August 12, 2004 Consent Agenda a. Proposed Ordinance No. 040812 -5 authorizes an Assignment and Sublease of the Lease of Premises concerning a portion of Bayland Island. On February 12, 2004, the City Council authorized the sale of the existing building, previously used as a restaurant facility at Bayland Island and an accompanying ground lease with Angel Brothers Enterprises, Ltd ( "Angel Brothers "). Angel Brothers desires to sell the facility and sublease the ground lease to Bayland Island Development LC. This proposed ordinance authorizes such assignment and sublease pursuant to the terns of the Lease, which requires Angel Brothers to remain dually liable on the lease and to not be released from performing any of the terms, covenants and conditions contained in the lease. b. Proposed Ordinance No. 040812 -6 renews the annual maintenance software maintenance agreement, in the amount of $45,558, with Versaterm for the Mobile Data Terminal software. This is the system used in the patrol cars to do real -time queries on various databases without being required to contact dispatch for this information. The cost is the same cost incurred last year. Funding is available in the ITS budget. C. Proposed Ordinance No. 040812 -7 approves the first renewal of the annual installation and repair of traffic signal equipment contract, in the amount of $114,700, with Southwest Signal Supply, Inc. Southwest Signal Supply, Inc., submitted a written request to exercising their renewal option for the same, pricing, terms and conditions. The majority of services will be for new installations, trouble shooting, minor and major repairs which cannot be performed in- house, preventative maintenance, rebuilding of traffic signals, and emergency repairs. Funding is available in the Traffic Control, Signal Systems budget. d. Proposed Resolution No. 040812 -4 approves an amendment to Resolution No. 1620 adopted on November 25, 2003. The proposed resolution amends Section 3 of Resolution No. 1620 to provide that in the event of loss or misuse grants funds shall be returned to the Criminal Justice Division in full and identifies the title of the project as Family Violence Counseling. Resolution No. 1620 authorized the City Manager to apply for the Family Violence Counseling grant through the Victims of Crime Act Grant. The proposed changes are made at the request of the Governor's Office. The State is changing the same terms in all grants. The change is not related to activity under this grant. The City has been awarded the grant for the preceding five years. The City is eligible for $46,667 with a local match of $14,927, making the total project budget $61,594. These funds enable the Police Department continue to provide counseling and assistance to victims of family violence. im Page 10 of 12 Minutes of the Regular Session — August 12, 2004 e. Proposed Resolution No. 040812 -5 requests the sheriff or constable to sell the properties located at 0 John A. Street and 0 Elm Street, Baytown, Hams County, Texas, at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction at the courthouse door of the county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As such, it is believed that this process will provide the City an efficient mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life throughout the City. This resolution authorizes the sale of the following properties: (1) Property address: 0 John A. Street, Baytown, Texas Legal description: Tract IE, Block 3; Sterling Baytown Number and style of suit: Cause No. 2002 - 23346; City of Baytown v. A. W. Chalfant and Jeannette Chalfant; In the 113`h Judicial District Court, Hams County, Texas Date of tax foreclosure sale: May 4, 2004 (2) Property address: 0 Elm Street, Baytown, Texas Legal description: Lot 203, Block 4, Pelly Sec. 1 Number and style of suit: Cause No. 2001 - 58053; City of Baytown v. Fred Lyman Maywald; In the 551h Judicial District Court, Harris County, Texas Date of tax foreclosure sale: June 1, 2004 The right of redemption has not expired on these properties. These properties contain no improvements. Council Member Sheley moved adoption of the consent agenda, items a through e. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. w Page 11 of 12 Minutes of the Regular Session — August 12, 2004 ORDINANCE NO. 9850 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ASSIGNMENT AND SUBLEASE OF THE LEASE OF PREMISES PERTAINING TO A PORTION OF BAYLAND ISLAND TO BAYLAND ISLAND DEVELOPMENT, L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9851 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -FIVE THOUSAND FIVE HUNDRED FIFTY - EIGHT AND NO 1100 DOLLARS ($45,558.00) TO VERSATERM, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT FOR THE BAYTOWN POLICE DEPARTMENT'S MOBILE DATA TERMINAL SOFTWARE FOR THE PERIOD COMMENCING ON JUNE 1, 2004, AND ENDING ON MAY 31, 2005; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED AND NO 1100 DOLLARS ($114,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTIONS 1 AND 3 OF RESOLUTION NO. 1620, WHICH WAS PASSED ON THE 25TH DAY OF NOVEMBER, 2003, TO CONFORM THE REQUIREMENTS CONCERNING THE LOSS OR MISUSE OF FUNDS TO THOSE CONTAINED IN THE TEXAS ADMINISTRATIVE CODE AND TO IDENTIFY THE TITLE OF THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTIES LOCATED AT 0 JOHN A. STREET AND 0 ELM STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 12 Minutes of the Regular Session — August 12, 2004 City Manager's Report. City Manager Jackson announced that the final concert of the Summer Concert Series would be held the next day featuring Django Walker and Gary P. Nunn. Mr. Jackson reported that the sales tax figures were up 5.6% for the month, compared to August 2003, and year -to -date, 1.9 %. Council Member Mahan announced that Council Member Sheley had been elected to the position of Second Vice - President of Region 14, Texas Municipal League, Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:25 p.m. GhryW. Smith City Clerk