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2004 08 26 CC Minutesim MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 26, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 26, 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 Anderson led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session held on August 9, 2004. Council Member Renteria moved approval of the minutes of the work session held on August 9, 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 minutes of the work session held on August 10, 2004. Because a quorum of Council was not present at this meeting, this item was for informational purposes only. Consider approval of minutes of the work session held on August 11, 2004. Council Member Sheley moved approval of the minutes of the work session held on August 11, 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. Page 2 of 19 Minutes of the Regular Session — August 26, 2004 Consider approval of minutes of the work session and regular meeting held on August 12, 2004. Council Member Mahan moved approval of the minutes of the work session and regular meeting held on August 12, 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. Citizen Communications: Clyde Grady, 3705 Savell, addressed Council concerning erosion on Cary's Bayou and urged Council to stop the problem which he blames, in part, on a design flaw in the expansion of Massey- Tompkins Road. Mike Holden, 3200 N. Main, addressed Council regarding the adjustment of Police compensation to market average on behalf of the Baytown Municipal Police Association during the public hearing on the proposed 2004 -2005 fiscal year budget. Conduct the public hearing on the proposed budget for 2004 -2005 fiscal year budget at 6:40 p.m. Mayor Mundinger opened the public hearing at 6:47 p.m. Prior to adoption of a budget, Texas Local Government Code, Section 102.006 requires City Council to hold a public hearing on the proposed budget. Any taxpayer of the municipality may attend and may participate in the public hearing. The public hearing must be held after the 15`h day after the date the proposed budget is filed with the City Clerk, but before the date the governing body makes its tax levy. The proposed budget was filed with the City Clerk on July 30, 2004. The date proposed for Council to set the tax rate is September 9, 2004. Notice of the public hearing was published in The Baytown Sun on Friday, August 13, 2004. City Manager Jackson explained that the proposed budget, in the amount of $83.8 million, is up from the previous year's budget of $77.3 million, an 8.4% increase. He said that staff is proposing no property tax increase; the rate will therefore remain at the current level of $0.73703. He noted that there is an average 8.6% increase for in -city water and sewer rates, largely due to increased debt service payments for utility bonds. Other than the Parks and Recreation facility fee increases discussed in the work session held prior to the meeting (which are not included in this budget), there are no fee increases projected. There is no increase proposed in Sanitation/Recycling fees and charges. The Storm Water Utility Rate Structure is proposed under the new rate structure at Service Level Two, replacing the current $1.00 per month flat fee. Mr. Jackson informed Council that the budget includes eight new positions: out of the General Fund, the reauthorization of the second Assistant City Manager; the addition of an Assistant Finance Director; to support the new web page and E -Gov, an additional PC Technician; to reduce communications expenses, a new VOIP Technician; and an EMS billing Clerk, the cost of the latter to be offset by increased revenues. From the Water and Sewer Fund, to improve service response, two utility maintenance workers have been added; and a Construction Inspector to be funded by the Storm Water Utility Fee. Page 3 of 19 Minutes of the Regular Session — August 26, 2004 Mr. Jackson stated that the General Fund budget is proposed to utilize $3,066,452 of the fund balance. Since the capital and non - recurring expenditures in the budget are $3,106,973, the recurring expenditures are $40,521 less than the recurring revenues. The reduction in expected sales tax revenue, due to a recent audit by the State Comptroller, and the allocation of $250,000 from the fund balance in the General Fund as a Capital Projects Fund have reduced the projected fund balance to 77 days at the end of the budget, down from the adopted 2003- 2004 budget balance of 92 days. In response to a query from Council, Mr. Jackson explained that staff projects a $400,000 reduction in sales tax per year caused by the improper sales tax payments. In addition, there will be the non - interest - bearing repayment payment plan in the amount of $560,000 to the State over a four -year period, beginning in the 2005 -2006 budget year. Regarding employee compensation, Mr. Jackson said that, since 1995 the City has pursued a policy of paying its employees compensation based upon market compensation for the position. "Market" means that the positions (not a specific employee's salary) are + / - 5% of the average salaries paid in the match cities. If the mid -point of the City's salary range is within 5% (+ or -) of the average, the position is considered to be at market. Mr. Jackson indicated that market surveys with match cities indicate the City is falling behind the market for non -civil service positions. Forty exempt -level benchmark positions were surveyed: three were above market, twelve were comparable, and twenty - five were below market. On average, exempt positions are 93% of market. Sixteen non - exempt level benchmark positions were surveyed: three were above market, five were at market, and eight were below market. On average, non - exempt positions are 97% of market. Mr. Jackson explained that, for non civil service employees, staff is proposing a two pay -grade increase in the salary structure, effective October 1, 2004, in order to move the City's overall ranges closer to market. In addition effective October 1, 2005, staff is proposing a 3% market adjustment for non civil service employees. Mr. Jackson informed Council that Police civil service salaries are slightly below market and a compression of tiers and adjustment of some salaries and incentive pays are proposed, effective January 1, 2005, as follows: Police Officer rank tiers would compress from 13 tiers (years) to 10 tiers; Sergeant, Lieutenant, and Captain ranks would maintain three tiers and would compress "top out" in 15 years to "top out" in 10 years, along with market adjustments for some tiers; certification pay (per month) would be adjusted to market for intermediate( +$35), advanced ( +$40), and Master ( +545); and, Field Training Officer pay would increase from $0.80 per hour to $0.95 per hour. A comparison of Police compensation reveals that the current position to market for a Patrol Officer is 97 %, a Sergeant is 94 %, and both Lieutenants and Captains are 92 %. Staff proposes to raise these positions to market to 98 %, 100 %, 101 %, and 99 %, respectively. Fire civil service employees are within market tolerance. Since compensation is determined through the collective bargaining process, no compensation request is included in the proposed budget. Funding for compensation approved in a new collective bargaining agreement would be funded through the contingency fund. To bring all employee salaries to 100% of market would require an additional $2 million in the first year Mr. Jackson said. Mr. Jackson stated that this budget is the fourth year of the Five -Year Bond Program. Page 4 of 19 Minutes of the Regular Session — August 26, 2004 The Capital Improvements Program includes $5 million in new debt. $90,000 is dedicated to drainage. Contract concrete work will be funded by $90,000 out of the General Fund and $200,000 from the street maintenance sales tax. Water and sewer rates will be increased to cover the new debt service costs. Mr. Jackson reviewed the proposed rates for 2004 -2005 in the Water and Sewer Fund. Wastewater capital improvements will be funded through new debt and the reallocation of the Convention Center Debt. In the Storm Water Utility Fund, under the new rate structure at Service Level Two based on impervious cover, for residential structures, the current $1.00 per month flat fee will change to $0.68. In the Hotel/Motel Fund, there is an increase from $172,883 to $222,883 in the contingency fund for new and unforeseen projects. Mr. Jackson reviewed the budget schedule. He explained to Council that if the property tax rate goes above 3% of the effective tax rate, notice of a public hearing must be published and the public hearing held at the next regular meeting on September 9, 2004. The tax may be increased up to 1.03% of the effective tax rate without the mandated notice and hearing. The following persons registered to speak to Council concerning the proposed 2003 -2004 City of Baytown Budget and yielded their time to Mike Holden: Kenneth Hampton, Rodney Evans, and Gabriel Conejo. Mike Holden. 3200 N. Main Mike Holden addressed Council regarding the adjustment of Police compensation on behalf of the Baytown Municipal Police Association. He requested that salaries be increased to an above - market value. He expressed opposition to the compression of tiers, as explained by City Manager Jackson. The following persons registered to speak to Council concerning the proposed 2003 -2004 City of Baytown Budget and yielded their time to Tim Lancon. Richard Garcia and Stephen Dugat. Tim Lancon, 709 Northbend Tim Lancon requested a larger across - the -board increase than was planned (3 %) in the proposed 2004- 2005 fiscal year budget. He said this would barely cover the increase in health and dental insurance in the budget. He asked that employees receive cost of living increases and that all employees be treated fairly. Chris McDonald, 3200 N. Main Chris McDonald urged Council to set salaries for employees at 100% of market value. The public hearing was closed at 7:45 p.m. Conduct the public hearing on the implementation of 20 -year retirement. Mayor Mundinger opened the public hearing at 7:58 p.m. Page 5 of 19 Minutes of the Regular Session — August 26, 2004 City Manager Jackson explained that implementing 20 -year retirement would result in a $37,000 impact to the budget. He added that the benefits exceed the liabilities. The following persons registered to speak to Council concerning the implementation of 20 -year retirement and yielded their time to John Carr. John Carr, 2102 Pinemont John Carr spoke in favor of 20 -year retirement. Harold Cheek, 291 Post Oak Harold Cheek spoke in favor of 20 -year retirement. The public hearing closed at 8:02 p.m. Receive the Annual Report from the Parks and Recreation Advisory Board. Ordinance No. 885 requires that the Parks and Recreation Advisory Board to make an Annual Report to the City Council. The Parks and Recreation Advisory Board approved the report at its August 5, 2004 meeting. Wayne Gray, Chairman of the Parks and Recreation Advisory Board presented the 391h Annual Report. He said there had been excellent accomplishments during the past year and there were many more to come in the next. He commended Parks and Recreation Director Scott Johnson and staff, and thanked City Council for their support of the Board. On behalf of the City Council, Mayor Mundinger thanked Mr. Gray and the Parks and Recreation Board for their work to improve the quality of life in the City. Consider Proposed Ordinance No. 040826 -1, awarding a construction contract for the Pinehurst Bayou Vista Drainage Outfall Project. Proposed Ordinance No. 040826 -1 awards a construction contract in the amount of $131,130 to Troy Construction for the Pinehurst Bayou Vista Drainage Outfall Project. The scope of work includes the installation of approximately 375 linear feet of drainage conduit, three concrete manholes, and timber bents at two outfall points by Cedar Bayou in the Pinehurst Subdivision. The purpose of this project is to convey the public storm water from the subdivision directly into Cedar Bayou and not allow storm water runoff to spill onto private property as it currently does. The City has coordinated with the U.S. Army Corps of Engineers and has received a Nationwide Permit to discharge storm water into the tidally influenced bayou. The total construction duration for this project is 60 calendar days and it will be funded from the Capital Drainage Fund. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Page 6 of 19 Minutes of the Regular Session — August 26, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9853 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TROY CONSTRUCTION, L.L.P., FOR THE PINEHURST BAYOU VISTA DRAINAGE OUTFALL PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED THIRTY -ONE THOUSAND ONE HUNDRED THIRTY AND NO /100 DOLLARS ($131,130.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040826 -2, 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. Proposed Ordinance No. 040826 -2 repeals 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 amends 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. The discussion on this item continued from the work session held prior to this meeting. The topics discussed were as follows: the effect on existing rate payers if impact fees were not instituted, charging the fee by treatment district boundaries, that only a proportionate cost of the impact on the new wastewater treatment facility would be attributable to new development, that without the impact fee, all rate - payers would be charged an additional 6.8% to fund the new facility, that the impact fee would be paid at the time the building permit is issued, whether impact fees would slow growth, a review of the current charges and average per equivalent development unit (EDU), and keeping the charge above the average current charge. Page 7 of 19 Minutes of the Regular Session — August 26, 2004 Council Member Anderson moved adoption of the proposed ordinance, inserting verbiage in Section 114- 99(b), as follows: "The impact fee that shall be collected from new development is $2,243.46 per service unit." Council Member Renteria seconded the motion. Council Member Mahan left the meeting at 8:41 p.m. Council Member Mahan returned to the meeting at 8:43 p.m. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. By consensus of Council, the meeting was recessed at 8:44 p.m. Mayor Mundinger reconvened the meeting at 8:51 p.m., after which the following business was conducted: Council Member Renteria moved for a "Division of Question." The vote follows: Ayes: Council Members Anderson, Mahan, and Murray. Mayor Mundinger. Nays: Council Members Renteria and Sheley. The motion carried. Mayor Mundinger asked Council Member Anderson to repeat his motion. Council Member Anderson moved adoption of the proposed ordinance, inserting verbiage in Section l 14- 99(b), as follows: "The impact fee that shall be collected from new development is $2,243.46 per service unit." Council Member Murray seconded the motion. Council Member Sheley offered a friendly amendment to allow for the imposition of a $1,117.00 impact fee for Habitat for Humanity construction only. Upon further discussion and the advice of City Attorney Ramirez that federal law does not allow selective exemption of affordable housing, the friendly amendment was withdrawn. The vote follows: Ayes: Council Members Anderson, Mahan, and Murray. Mayor Mundinger. Nays: Council Members Renteria and Sheley. The motion carried. Page 8 of 19 Minutes of the Regular Session — August 26, 2004 ORDINANCE NO. 9854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98 -59 "RATES," SUBSECTION (F)(1) "SERVICE FOR PROPERTY OUTSIDE THE CITY ": "CAPITAL CHARGE" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; REPEALING CHAPTER 114 "SEWER AND WATER LINE EXTENSIONS," ARTICLE IV "CONNECTION CHARGES" AND ARTICLE V "REFUNDS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, IN THEIR ENTIRETIES; 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; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Receive the 2004 Appraisal Roll as certified by the Harris County Appraisal District. The Hams County Appraisal District certified the 2004 Appraisal Roll on August 9, 2004, and the City received the same on August 9, 2004. In accordance with Section 26.04 of the Texas Property Tax Code the following values are submitted: Total Appraised Market Value: $2,285,082,860 Total Taxable Value: $1,892,245,890 Total Uncertified (Taxable Value) $ 82,177,372 Receive the effective Tax Rate and Rollback Calculation for 2004 Tax Year. In accordance with Section 26.04 of the Texas Property Tax Code, the Finance Department submits the effective tax rate and the rollback tax rate of $0.73017 and $0.76798 per $100 valuation, respectively. The effective tax rate is a complicated formula. Essentially, it is the tax rate that would be required to generate the same amount of revenue for the new budget year as was generated during the most recent year, using the existing tax base, less new growth. The rollback tax rate is the tax rate at which the citizens can petition for a rollback election. Section 26.04(e) of the Texas Property Tax Code requires that we publish the effective tax rate (although it is not the tax rate we are establishing) and the rollback rate (although we are not at that rate). A copy of the effective and rollback rate calculation worksheet and publication are enclosed in the packet. These rates and the method of calculation will be published on August 27, 2004 in accordance with Section 26.04 of the Texas Property Tax Code. The City has historically used 100% of its collection rate for calculation of its effective tax. Receive Certification of 2004 Anticipated Collection Rate from Tax Assessor /Collector, Goose Creek CISD. The Goose Creek CISD Tax Assessor /Collector has certified the anticipated tax collections for the 2004 tax year to be 100 %, in accordance with Section 26.04(b) of the Texas Property Tax Code. The Certified Collection rate of 100% is used in the Effective Tax Rate Calculation (ETR). This percent differs from the percentage used in the budget (95.0 %). The ETR is calculated based on receiving all taxes due whereas the budget is based on historical collections. Page 9 of 19 Minutes of the Regular Session — August 26, 2004 Consider the proposed tax rate for Tax Year 2004. Staff does not recommend an increase in the property tax rate for the proposed 2004 -2005 budget. Texas Tax Code, Sections 26.05 and 26.06 require the City Council to consider and vote on a proposed tax rate when the proposed rate exceeds the lower of the roll back rate or 103% of the effective tax rate. The proposed budget, as presented, does not require a property tax increase and does not exceed 103% of the effective tax. If City Council wishes to adopt a tax rate higher than the current tax rate, this action will be necessary. Additionally, a public hearing on the proposed tax rate would be required and would be held on September 9, 2004. Requisite notices would be published in The Baytown Suit giving notice of the public hearing and final vote on the proposed tax rate for Tax Year 2005. Council Member Anderson moved approval of the proposed tax rate of $0.73703 per $100 evaluation. 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. Discuss and consider possible action related to establishing the Baytown Outdoor and Wildlife Expo. In previous years, the Parks and Recreation Department has envisioned a community event that encompasses the elements of our natural resources. The proposed budget includes Hotel — Motel funding to support the Goose Creek Canoe Festival and a Baytown Nature Center Birding Festival. Through a PowerPoint presentation, Mike Beard informed Council that, with the help of volunteers, a multi - venue, educational, all- weekend event is in the conceptual stage. The purpose of the event is to draw people from across the state to showcase the City in 2005. Mr. Beard said that this is an opportunity for the City to improve its image. Preliminary plans include the use of Bayland Island, the Baytown Nature Center, and the Eddie V. Gray Wetlands Center as venues, with central parking and buses shuttling visitors between the sites. Each location will host different events, i.e., canoeing and kayaking, a birding tour, a hunting expo, environmental exhibits, a wild -game cook -off, and Saturday night concert. All events will be free, with the possible exception of the concert. The festival will be funded through the Hotel/Motel Fund to some degree, but Mr. Beard said the majority of the funding will be from corporate sponsorships from companies such as ExxonMobil, Waste Management, and Bass Pro Shops. Local restaurateurs will be invited to participate. Advertising in statewide magazines will be needed. Mr. Beard stated that the event could draw as many as 8,000 people to the City. Council Member Renteria left the meeting at 9:16 p.m. Council expressed support for the project. After brief discussion, Council Member Anderson moved i appointment of a steering committee consisting of the following members: Scott Johnson, Parks and Recreation Director, Tricia Thompson, Brennan Marsh, Carl Burg, Brandon Capetillo, Augustin Loredo III, Merle Hunt, Billy Barnett, and Mike Beard. Council Member Murray seconded the motion. The vote follows: Page 10 of 19 Minutes of the Regular Session — August 26, 2004 Ayes: Council Members Anderson, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider Proposed Ordinance No. 040826 -3, the second reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being Lot 14 of Huron Subdivision in Harris County, Texas. The property is located south of Interstate Highway No. 10 and west of North Main Street. Maryon Babin, the owner of the property, requested annexation as a prerequisite to receiving City services. The property is proposed to be developed for equipment sales. 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, after publication and posting of notice of the public hearings on June 10, 2004. The proposed ordinance was approved on first reading on July 22, 2004. Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9837 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 LOT 14 OF HURON SUBDIVISION, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 040826 -4, placing Lot 14 of Huron Subdivision in Harris County, Texas in Council District No. 4. Upon annexation property must be placed in the proper Council District. The property is adjacent to other properties within the City that are situated in Council District No. 4. Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Page 11 of 19 Minutes of the Regular Session — August 26, 2004 ORDINANCE NO. 9855 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING LOT 14 OF HURON SUBDIVISION, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Proposed Ordinance Nos. 040826 -5 and 040826 -6 were considered together. Consider Proposed Ordinance No. 040826 -5, the second reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 22.55 -acre tract situated in the Jacob Armstrong Survey, Abstract 2, in Chambers County, Texas. The property is located east of State Highway 146 and south of Staples Addition. Brazos River North South LTD., the owner of the property, requested annexation as a prerequisite to receiving City services. The property is proposed to be developed as a residential subdivision. 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, after publication and posting of notice of the public hearings on June 10, 2003. The proposed ordinance was approved on first reading on July 22, 2004. Consider Proposed Ordinance No. 040826 -6, placing the 22.55 -acre tract situated in the Jacob Armstrong Survey, Abstract 2, in Chambers County, Texas in Council District No. 5. Upon annexation property must be placed in the proper Council District. The property is adjacent to other properties within the City that are situated in Council District No. 5. Council Member Sheley moved adoption of proposed Ordinance Nos. 040826 -5, and 040826 -6. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9838 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 22.55 ACRE TRACT OF LAND IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Page 12 of 19 Minutes of the Regular Session — August 26, 2004 ORDINANCE NO. 9856 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING A 22.55 ACRE TRACT OF LAND IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Proposed Ordinance Nos. 040826 -8, 040826 -7, and 040826 -9 were considered together. Consider Proposed Ordinance No. 040826 -8, authorizing a letter agreement with Moody Simmons Baytown, Ltd., regarding the provision of municipal services to the proposed Hunter's Creek Subdivision located on a 71.570 -acre tract of land located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Landmark Estates in Harris County, Texas. Proposed Ordinance No. 040826 -8 authorizes a letter agreement with Moody Simmons Baytown, Ltd., regarding the provision of municipal services to the proposed Hunter's Creek Subdivision located on a 71.570 -acre tract of land located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Landmark Estates in Harris County, Texas (the "Property "). Specifically, the City will not provide sanitary sewer service to the Property until after the construction of the Northeast Wastewater Treatment Plant ( "NEWWTP ") and after the NEWWTP becomes fully operational as determined by the City Engineer. Pursuant to this letter agreement, Moody Simmons Baytown, Ltd., the owner of the property who is requesting annexation, (the "Developer ") agrees that: For Sanitary Sewer Services ➢ the Developer will install a lift station and package plant to provide sanitary sewer service for the Property until the City's NEWWTP is constructed and fully operational as determined by the City Engineer; ➢ the Developer or the homeowners' association will operate and maintain the lift station and package plant at all times prior to being tied into the City's NEWWTP; ➢ once the NEWWTP becomes fully operational, the Developer and/or the homeowners' association shall extend the sewer line from the package plant site to the City's NEWWTP within twelve months of receipt of notice from the City Engineer of the City of Baytown to the Developer or homeowners' association that the NEWWTP being fully operational; and ➢ The Developer and/or the homeowners' association shall remove the package treatment plant within 6 months after the date the subdivision is tied into the City's NEWWTP. For Water Services ➢ the Developer will be required to connect to a 12" water line on Sjolander Rd. and extend the line across the property frontage on Needlepoint Rd. to the eastern most boundary line of the property; and ➢ the Developer shall either: extend a water line that is sized only for the development and will be subject to connection fees and/or impact fees, whichever is applicable; and the City may choose to participate in upsizing the water line to a 12" line; or ➢ extend a 12" water line (i) in lieu of paying connection fees or (ii) to receive a credit from the impact fees otherwise due from the new development for the costs incurred, whichever is applicable. Page 13 of 19 Minutes of the Regular Session — August 26, 2004 Consider Proposed Ordinance No. 040826 -7, the second reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 71.570 -acre tract of land located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Landmark Estates in Harris County, Texas. Hunter's Creek Baytown Ltd., the owner of the property, requested annexation as a prerequisite to receiving City services. The service plan requires the developer to install a 12" water line along Needlepoint Road. The property is proposed to be developed as a residential subdivision. 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, after publication and posting of notice of the public hearings on June 10, 2004. The proposed ordinance was approved on first reading on July 22, 2004. Consider Proposed Ordinance No. 040826 -9, placing the 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 in Council District No. 5. Upon annexation property must be placed in the proper Council District. The property is adjacent to other properties within the City that are situated in Council District No. 5. Council Member Anderson moved adoption of proposed Ordinance Nos. 040826 -8, 040826 -7, and 040826 -9. Council Member Mahan seconded the motion. Upon the question of sludge disposal, Fred Thompson, of Moody Simmons Baytown, Ltd., informed Council that the plant will have a licensed operator and the sludge will be handled by a licensed hauler according to state law. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH MOODY SIMMONS BAYTOWN, LTD., REGARDING THE PROVISION OF UTILITY SERVICES TO THE PROPOSED HUNTER'S CREEK SUBDIVISION LOCATED ON A 71.570 -ACRE TRACT OF LAND AFTER ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9839 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 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Page 14 of 19 Minutes of the Regular Session — August 26, 2004 ORDINANCE NO. 9858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040826 -1, authorizing the reimbursement for projects (Northeast Wastewater Treatment Plant) scheduled to begin prior to the issuance of bonds. State Law requires cities to have the funds available at the time the contract is let. This project addresses Texas Commission on Environmental Quality issues or health and public welfare and work on the preliminary engineering report will begin soon. Texas Water Development Board's bonds will be issued in the fall. The following project is planned: Description Estimated Cost Northeast Wastewater Treatment Plant $405,000 Total $405,000 Council Member Murray moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040826 -10, awarding a professional services contract for a preliminary engineering report for the Northeast Wastewater Treatment Plant offsite collection system. Proposed Ordinance No. 040826 -10 awards a professional services contract, in an amount not to exceed $404,745 to PATE Engineers, Inc for a preliminary engineering report for the Northeast Wastewater Treatment Plant (NEWWTP) offsite collection system. The total amount for the preliminary engineering report is $93,550. Reimbursables will not exceed $6,000. Surveying will not exceed $133,600 and geotechnical will not exceed $90,150. The Texas Water Development Board Application and Planning Phase will not exceed $81,445. Page 15 of 19 Minutes of the Regular Session — August 26, 2004 The project will provide for a wastewater conveyance system to divert flow from the Northeast sector of the East District WWTP to the proposed NEWWTP. This contract is proposed to be funded by an advanced funding resolution in anticipation of TWDB financing. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9859 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 PATE ENGINEERS, INC., FOR THE PREPARATION OF THE PRELIMINARY ENGINEERING REPORT FOR NORTHEAST WASTEWATER TREATMENT PLANT OFFSITE COLLECTION SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FOUR HUNDRED FOUR THOUSAND SEVEN HUNDRED FORTY -FIVE AND NO /100 DOLLARS ($404,745.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Proposed Ordinance No. 040826 -11 authorizes two agreements with Goose Creek Consolidated Independent School District for law enforcement services. One agreement provides for one police officer to act as a truancy officer for the District. Consideration for this service is $36,164, which is one -half of the annual salary including benefits for an officer. The other agreement provides for the City to furnish two police officers to the District to act as security and patrol, with one in Robert E. Lee High School and the other in Ross S. Sterling High School. The consideration for these services is $88,288, which is one and one -half times the hourly salary of the officers for 178 days or the school term. b. Proposed Ordinance (prepared as Resolution) No. 040826 -12 authorizes the City Manager to negotiate and execute a contract with H -GAC for the implementation of a H -GAC FY05 Solid Waste Grant for Litter and Illegal Dumping Cleanup used to establish a City of Baytown Community Service Walk -in Station. This project proposes to establish the City of Baytown as a Community Service Walk -In Site to access and utilize the huge pool of available community service probationers to aggressively reduce and abate litter and illegal dumping within the City of Baytown. The grant includes a "community service officer" to supervise the workers, a twelve passenger van and a landscape type trailer to allow the transport of equipment and removal of materials as necessary. The program will operate Tuesday through Saturday from 8 a.m. until 5 p.m. This is a `reimbursement' type grant. Funding is available in the Neighborhood Protection budget. Page 16 of 19 Minutes of the Regular Session — August 26, 2004 C. Proposed Ordinance (prepared as Resolution) No. 040826 -13 authorizes the City Manager to negotiate and execute a contract with H -GAC for the implementation of a H -GAC FY05 Solid Waste Grant for Local Enforcement used to establish a Mobile Surveillance Unit. This project proposes to establish a Mobile Surveillance Unit. The objective of the project is to develop an alternative to the utility pole mounted surveillance camera and provide `mobility' to the current surveillance system. This is a `reimbursement' type grant. Funding is available in the Neighborhood Protection budget. d. Proposed Ordinance No. 040826 -14 awards the annual ready -mix concrete contract in the amount of $95,300 to Transit Mix Concrete and Materials Company. Invitations to bid were mailed to seven suppliers and we received two bids. This contract is used by the Public Works and Parks and Recreation Departments for various construction projects, i.e., streets and drainage repair, new projects, rehab projects, etc. e. Proposed Ordinance No. 040826 -15 awards the annual hot -mix asphalt contract in the amount of $70,000 to Century Asphalt Materials, LTD. Invitations to bid were mailed to two suppliers and we received two bids. Hot -Mix asphalt is picked up by the Public Works' Department from the supplier's plantsite and used for pothole patching, streets, parking lots, and various other applications by the Public Works' Department. A criteria was used to evaluate any cost savings for the City of Baytown involving distance to plant sites to pickup. It has been detennined that Century Asphalt offers the best value. Unit price per ton for hot -mix asphalt has increased 19.01% this year compared to last year's contract. f. Proposed Ordinance No. 040826 -16 awards the last renewal of the Annual Medical Supplies Contract in the amount of $36,010.53 to Bound Tree Medical, LLC. Bound Tree Medical submitted a written request to renew the current contract for the same pricing, terms, and conditions. Quantities remain the same. This contract is used by the Emergency Medical Services Department. g. Proposed Resolution No. 040826 -2 authorizes the City Manager to apply for financial assistance from the Texas Water Development Board for the Utility Capital Improvement Program. Resolution Number 1629 approved by City Council on February 12, 2004 included the project funding for the loan ($32,470,000). The TWDB requires that issuance costs be included in the resolution to match the loan application. The total TWDB loan will be $33,070,000. Council Member Sheley moved adoption of the consent agenda, items a through g. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Page 17 of 19 Minutes of the Regular Session — August 26, 2004 ORDINANCE NO. 9860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AGREEMENTS WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR LAW ENFORCEMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY05 SOLID WASTE IMPLEMENTATION GRANT AWARD FROM THE HOUSTON - GALVESTON AREA COUNCIL IN THE AMOUNT OF SIXTY -NINE THOUSAND FIVE HUNDRED TWENTY -FIVE AND 44/100 DOLLARS ($69,525.44) FOR THE BAYTOWN COMMUNITY SERVICE WALK -IN STATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY05 SOLID WASTE IMPLEMENTATION GRANT AWARD FROM THE HOUSTON- GALVESTON AREA COUNCIL IN THE AMOUNT OF THIRTEEN THOUSAND FOUR HUNDRED FORTY AND NO /100 DOLLARS ($13,440.00) TO ESTABLISH A MOBILE SURVEILLANCE UNIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF TRANSIT MIX CONCRETE AND MATERIALS COMPANY FOR THE ANNUAL READY -MIX CONCRETE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY -FIVE THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($95,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CENTURY ASPHALT MATERIALS, LTD., FOR THE ANNUAL HOT -MIX ASPHALT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY THOUSAND AND NO /100 DOLLARS ($70,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9863 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BOUND TREE MEDICAL, LLC FOR THE ANNUAL MEDICAL SUPPLIES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SIX THOUSAND TEN AND 53/100 DOLLARS ($36,010.53); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 18 of 19 Minutes of the Regular Session — August 26, 2004 RESOLUTION NO. 1674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING Resolution No. 1629 approved by the City Council on February 12, 2004; AUTHORIZING THE CITY MANAGER TO APPLY FOR FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD FOR THE UTILITY CAPITAL IMPROVEMENT PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointments to the fiscal year 2004 Local Law Enforcement Block Grant Advisory Board. It is necessary to appoint members of the Local Law Enforcement Block Grant Advisory Board in order to hold public hearings and establish a budget for the block grant funds. The Board must have a representative from each of the following: local court, religion, community group, school, prosecutor's office, and police. The following persons have agreed to serve if appointed: • Judge Tony Polumbo (local court) • Reverend Silverio Sanchez (religion) • Lavon Heintschel (local community group) • Kathy Clausen (school) • Julie Escalante, Assistant City Attorney (prosecutor's office) • Jackie E. Erikson, Captain (police). Reverend Richard Turner and Sgt. Lisa Rynearson (new appointment) may be appointed to serve as alternates. Council Member Sheley moved appointment of the following to the Local Law Enforcement Block Grant Advisory Board: Judge Tony Polumbo (local court), Reverend Silverio Sanchez (religion), Lavon Heintschel (local community group), Kathy Clausen (school), Julie Escalante, Assistant City Attorney (prosecutor's office), Jackie E. Erikson, Captain (police), and Reverend Richard Turner and Sgt. Lisa Rynearson (new appointment) as alternates. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. None. Page 19 of 19 Minutes of the Regular Session — August 26, 2004 r Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 9:48 p.m. Gary VP. Smith City Clerk r