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2005 05 12 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 12, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 12, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Council Member Sammy Mahan Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Sheryl G. Ward Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present. Council Member Renteria led the pledge of allegiance and offered the invocation, after which the following business was conducted: Mayor Mundinger introduced Greg Thomas, Vocational Instructor at Stuart Career Center. Mr. Stuart introduced Julio Valdez, Wesley Bertrand, and Nick Lucatero, students at Stuart Career Center who had placed at the Skills Olympics. Mr. Bertrand won the State competition and will be competing at the National competition in Kansas City. Consider approval of the minutes of the work session and special meeting held on April 28, 2005. Council Member Mahan moved approval of the minutes of the work session and the regular meeting held on April 28, 2005. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Citizen Communications: Harvey Ponder, 115 Lazy Lane, addressed City Council and presented benefits for allowing students to raise animals in backyards as agriculture projects and requested that the ordinance be changed to allow an exception for agriculture projects that are supervised by an agriculture teacher or agent. Page 2 of 10 Minutes of the Regular Session — May 12, 2005 During Mr. Ponder's March 24, 2005, presentation to City Council, Council directed that the matter be referred to the Planning & Zoning Commission for a recommendation. The matter is scheduled to be discussed by the Planning & Zoning Commission at its May 18, 2005 meeting. Conduct a public hearing at 6:40 p.m. concerning the strategic partnership agreement with Chambers County Municipal Utility District No. 1 to include the following subdivision reserves located in Chambers County, Texas: 1. Hunters Chase Section One, Reserve A; 2. Hunters Chase Section One, Reserve B; 3. Country Meadows Section One, Reserve A; 4. County Meadows Section Five, Reserve B; 5. Pine Meadows Section One, Reserve A; and 6. Pine Meadows Section One, Reserve B. Texas Local Government Code, Section 43.075 1, requires that the City and the MUD each hold two public hearings before the adoption of a strategic partnership agreement. At each public hearing, members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. This is the first of the public hearings. The second public hearing is scheduled to be held during the City Council meeting to be held on May 26, 2005. The notice of the public hearing was published in The Baytown Sun on Tuesday, April 26, 2005, after the 20`h day before the date of the public hearing. The proposed strategic partnership agreement provides as follows: • that ad valorem taxes will not be levied on the property, • that Chambers County MUD No. 1 will retain all of its powers and functions related to the property, • that the City will receive sales and use taxes collected within the area of the limited purpose annexation and the City will pay the District fifty percent (50 %) of one percent of the sales and use tax revenues generated within the boundaries of the included property • that Chambers County MUD No. 1 will continue to develop, to own, and to operate and maintain a water, wastewater, and drainage system for the property, • that the City's regulatory authority shall include only Chapter 4 "Adult Commercial Establishments," Chapter 42 "Health and Sanitation," Chapter 82 "Secondhand Goods," Article III "Junk and Automotive Wrecking and Salvage," Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Premise Signs" along with all other provisions regulating Off - Premise Signs, and Chapter 130 "Zoning," and • that the City will provide enforcement of the above ordinances and will provide water and/or wastewater services as established in the existing agreement between the City and the MUD and will provide no other services. The public hearing was called to order at 6:40 p.m. No one signed the list to address City Council during the public hearing. The public hearing closed at 6:50 p.m. Page 3 of 10 Minutes of the Regular Session — May 12, 2005 Consider Proposed Ordinance No. 050512 -1, calling two public hearings related to the proposed limited purpose annexation and strategic partnership agreement with Lake Municipal Utility District. Proposed Ordinance No. 050512 -1 calls two public hearings related to the strategic partnership agreement with Lake Municipal Utility District (MUD). Texas Local Government Code, Section 43.0751, requires that the City and the MUD each hold two public hearings before the adoption of a strategic partnership agreement. At each public hearing, members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. The first public hearing is proposed to be held during the City Council meeting to be held on June 9, 2005. The second public hearing is proposed to be held during the City Council meeting to be held on June 23, 2005. The notice of each public hearing must be published at least once on or after the 200' day before the date of each public hearing. Gary Jackson, City Manager, explained that no commercial development is planned. Other issues that concerned staff about the proposed development have been addressed. The strategic partnership agreement and the limited purpose annexation will include a 500 -foot strip along the frontage of Interstate Highway No. 10. Council Member Murray moved approval of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING DATES, TIMES AND PLACES FOR TWO PUBLIC HEARINGS ON THE STRATEGIC PARTNERSHIP AGREEMENT WITH LAKE MUNICIPAL UTILITY DISTRICT; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH AND GIVE NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050512 -2, the second reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being 12.1300 acres of land in the George C. Davis Survey, Abstract 1472, Harris County, Texas located southeast of the intersection of Interstate Highway 10 and North Main Street (Bayview). Proposed Ordinance No. 050512 -2 is the second reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being 12.1300 acres of land in the George C. Davis Survey, Abstract 1472, Harris County, Texas located southeast of the intersection of Interstate Highway 10 and North Main Street (Bayview). Mayor Mundinger requested that this item be included on the agenda. Page 4of10 Minutes of the Regular Session — May 12, 2005 6.1 Agenda. The agenda for each regular and special meeting of the City Council is determined as follows: (b) The City Manager, or the Mayor, or 3 Council Members must grant approval for an item to be included on the agenda. This item is not being reconsidered because City Council did not vote on the item during its April 14, 2005 meeting. 6.1 Agenda. (c) An item may not be reconsidered by the Council if the item has been previously considered and voted on by the Council within the preceding six months, unless the Council, by majority vote, waives this restriction as to the item. Commercial Investment Services is developing the property as multifamily housing. City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on January 27, 2004, following publication in The Baytown Sun on January 13, 2005, and posted on the City's web site on the same date, more than ten days and less than 20 days prior to the public hearings. This ordinance was approved on its first reading on February 24, 2005 and was published in The Baytown Sun on February 28, 2005. This item was on the agenda on April 14, 2005. No motion was made relating to this item. This is the second and final reading. The annexation must be concluded before May 25, 2005, the ninetieth day after annexation proceedings were begun. This is the last regular City Council meeting before that date. Neal Rackleff, Locke Lidell & Sapp, 17550 Memorial Ridge Dr., Houston, spoke in favor of the annexation, outlining the benefits and services that the development would provide the City and the residents. Darryl Jack, President of Apartment Market Data, 45 NE Loop 410, San Antonio, Texas, spoke in favor of the annexation and provided market research information that the occupancy rate in Baytown in the newer apartments has increased since January 2005. He stated that there is a market demand for new apartments in Baytown. Manish Verma, Commercial Investment Services, 45 NE Loop 410, San Antonio, Texas, spoke in favor of the annexation and described the tax credit program and the requirement that the property be maintained to retain the tax credits. He described the rental rates that would be charged. Mr. Rackleff spoke again and stated that Commercial Investment Services has not and will not ask for ad valorem tax exemption for the property. He stated the Council must be careful not to violate the Fair Housing Act by discrimination. He stated that it was bad public policy to block new multifamily developments to solve the problem of aging dilapidated properties. It is better public policy to allow new developments to be built and to provide better places for families to live. Wayne Hanson, 111 Caldwell, spoke against the annexation and related that that the occupancy rate in Baytown is very low. The apartment market in Baytown is bad. The proposed complex is not based on free market financing. The rents are too high. He urged that the action be tabled and that he be Page 5 of 10 Minutes of the Regular Session — May 12, 2005 appointed to discuss the information on the apartment occupancy rate in Baytown with the Texas Department of Housing and Community Affairs. Dennis Heyen, 2200 Buchanan, spoke against the annexation, citing the condition of Taft Circle Apartments as the reason to deny the annexation and prevent other apartments until the blighted apartment problem is resolved. Council Member Anderson asked Mr. Jack to compare the information received from Apartment Data Services to the information he provided. Mr. Jack explained the difference in perspective of the two services. Apartment Data Services provides information to apartment locators. Apartment Market Data reports the demand or need for apartments within a community. The services report different information. Council Member Mahan asked if the project included a commercial development. Mr. Verma stated that it did not, but the adjacent tract had been retained for commercial development. Council Member Renteria moved approval of the proposed ordinance. Council Member Mahan seconded the motion. Council debated the proper scrutiny to be given requested annexations, the Council's policy on annexations, the need for additional housing, the services to be provided, and the review of their action by the Department of Justice when the next preclearance letter is sent. Mr. Jackson reminded Council that the annexation model previously developed reflected that a multifamily development is cost effective while a single family residential subdivision is not cost effective. He also questioned whether the debate involved issues about apartments or about annexation. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,013 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 12.1300 ACRES OF LAND IN THE GEORGE C. DAVIS SURVEY, ABSTRACT 1472, HARRIS COUNTY, TEXAS, LOCATED SOUTHEAST OF THE INTERSECTION OF INTERSTATE HIGHWAY 10 AND NORTH MAIN STREET; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 050512 -3, placing the 12.1300 acres of land in the George C. Davis Survey, Abstract 1472, Harris County, Texas located southeast of the intersection of Interstate Highway 10 and North Main Street (Bayview) in Harris County, Texas, in Council District No. 4. Page 6of10 Minutes of the Regular Session — May 12, 2005 Proposed Ordinance No. 050512 -3 places the recently annexed 12.1300 acres of land in the George C. Davis Survey, Abstract 1472, Harris County, Texas located southeast of the intersection of Interstate Highway 10 and North Main Street (Bayview) in Hams 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 Ward seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 12.1300 ACRES OF LAND IN THE GEORGE C. DAVIS SURVEY, ABSTRACT 1472, HARRIS COUNTY, TEXAS, LOCATED SOUTHEAST OF THE INTERSECTION OF INTERSTATE HIGHWAY 10 AND NORTH MAIN STREET TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050512 -1, approving the recommendation of Traffic Engineering Inc., on the proposed redesign of street layout for Texas Avenue. Proposed Resolution No. 050512 -1 approves the recommendation of Traffic Engineers Inc., on the proposed redesign of street layout for Texas Avenue. Traffic Engineers Inc. evaluated the traffic operations of Texas Avenue street and parking configuration between Pruett Street and Commerce Street. On April 12, 2005 City staff and Traffic Engineers Inc., held a public meeting to receive public input on the redesign of the layout of Texas Avenue. Traffic Engineers Inc. provided several options to be considered for the redesign. One specific proposal ( "c" below) provided 22.5 degree angle parking on both sides of Texas Avenue and was favored by the transportation consultant and the majority of those in attendance at the meeting. Traffic Engineers Inc., offered the following options: a. Maintain current alignment, b. Restripe Texas Avenue removing the curved roadway design to allow parallel parking, c. Restripe Texas Avenue removing the curved roadway design to allow for 22.5 degree angled parking on both sides of the street, d. Restripe Texas Avenue removing the curved roadway design to allow for 60 degree angled parking on one side of the street, or e. Restripe Texas Avenue removing the curved roadway design to allow for a combination of 45 degree angled and parallel parking spaces, or f. Restripe Texas Avenue removing the curved roadway design to allow parallel parking with a 3' curb — access space on both sides of the street. Page 7 of 10 Minutes of the Regular Session — May 12, 2005 An additional public meeting was held on Monday, May 9, 2005, at 7 p.m. in the Rec Room of Moler Hall at Lee College to consider the options again. Roger Armstrong, Traffic Engineers, Inc., reviewed the options and reported that the attendees at the May 91h meeting favored options c and f. He reported that parking on the one -way cross streets would not be practical if the streets were made two -way; that marked cross walks on Texas Avenue are not recommended at intersections without traffic control devices; that the fire hydrants are on the southeast corners and the safety zone for sight clearance will be 40 feet. He reported that some of the access ramps are not compliant with the Americans with Disabilities Act. He suggested placing one handicapped parking space per block. Sharlotta Pearce gave her time to Mitchell Pearce. Mitchell Pearce, 4704 Ripple Creek, stated that the plans were not fully evolved and that a fully developed plan is necessary before a decision can be made. Dr. Chris Warford, 301 W. Texas Avenue, stated that each block is different and more detail is needed before a decision can be made. He asked that the action on the redesign be delayed until a detailed plan is developed. Linda Koenig, 1418 E. James, stated that that plan should be tailored to the marketing needs of Texas Avenue. The plan adopted must be suitable for shoppers. Council Member Anderson moved postponement of action on the redesign of Texas Avenue. Council Member Renteria seconded the motion. Mr. Jackson asked City Council to define their expectations and the source of funding for additional design if the decision is postponed. Council Member Sheley stated that the additional time would allow the Baytown Downtown Association to meet and resolve the outstanding issues and return with a recommendation. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carved. Receive presentation on the Port of Houston Mitigation Project at the Baytown Nature Center and Consider Proposed Resolution No. 050512 -2, approving a Port of Houston Authority mitigation project at the Baytown Nature Center. Proposed Resolution No. 050512 -2 approves a Port of Houston Authority mitigation project at the Baytown Nature Center. The Port of Houston Authority's Barbours Cut Terminal has experienced shoreline erosion along the Houston Ship Channel. A U.S. Army Corps of Engineers Section 404 Individual Permit is required before the Port can commence shoreline protection construction activities. One of the requirements of the Corps permit is that mitigation be performed to compensate for affects to wetlands where the shoreline stabilization will occur. The Port has negotiated mitigating these wetlands losses and agreed to construct 3.2 acres of saline marsh and has selected the Baytown Nature Center (BNC) as the project site. Page 8of10 Minutes of the Regular Session — May 12, 2005 The Port wishes to provide funding for the project construction cost to the Friends of the Baytown Nature Center. The Friends of the BNC has agreed to administer the funds and assure that the wetlands construction is completed as planned. Crouch Environmental Services, Inc., will perform the construction on behalf of the Friends of the BNC. The project will be placed so that it will blend with the upcoming 37 -acre construction project planned by the City of Baytown and the Natural Resource Trustee Program. The Port will be responsible for the project's monitoring and maintenance for three years to assure its success. The Parks and Recreation Advisory Board reviewed and recommended approval of the project at its May 4, 2005 meeting. Scott Johnson, Director of Parks and Recreation, introduced Greg Crouch, Couch Environmental Services, and Roxanna Herrera, Port of Houston. Mr. Crouch explained that wetlands were lost at the Port of Houston's Barbours Cut Terminal. The Port has proposed to recreate the lost wetlands at the Baytown Nature Center. The project will complement the larger area to be constructed later. The project will create a marsh habitat that will be inundated daily. The project will be funded by the Port of Houston. Council Member Anderson moved approval of the proposed resolution. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A PORT OF HOUSTON, 3.2 ACRE MITIGATION PROJECT IN THE BAYTOWN NATURE CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a. Consider Proposed Ordinance No. 050512 -4, authorizing payment of $36,641.63 to the Texas Department of Transportation for the relocation of a 16" City water line in the vicinity of Decker Drive and Shady Hill Road. b. Consider Proposed Resolution No. 050512 -3, authorizing the City Manager to accept a 2005 Emergency Management Performance Sub - recipient Grant award and authorizing the City Manager to take all further actions necessary in relation to the grant. Page 9 of 10 Minutes of the Regular Session — May 12, 2005 C. Consider Proposed Resolution No. 050512 -4, authorizing the City Manager to accept a 2005 Department of Justice grant in conjunction with the High Intensity Drug Trafficking Area project and authorizing the City Manager to take all further actions necessary in relation to the grant. Council Member Murray moved adoption of the consent agenda, items a through c. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AUTHORIZING PAYMENT OF AN AMOUNT OF THIRTY -SIX THOUSAND SIX HUNDRED FORTY -ONE AND 63/100 DOLLARS ($36,641.63) TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF A 16" CITY WATER LINE IN THE VICINITY OF DECKER DRIVE AND SHADY HILL ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A FISCAL YEAR 2005 EMERGENCY MANAGEMENT PERFORMANCE GRANT FROM THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT IN THE AMOUNT OF FORTY - ONE THOUSAND TWO HUNDRED EIGHTY -FOUR AND NO /100 DOLLARS ($41,284.00) TO ENHANCE THE CITY OF BAYTOWN'S READINESS AND RESPONSE CAPABILITIES; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1715 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE DEPARTMENT OF JUSTICE FOR A 2005 GRANT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT IN THE AMOUNT OF NINE HUNDRED NINE THOUSAND FOUR HUNDRED SEVENTY -ONE DOLLARS ($909,471.00); 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. Page 10 of 10 Minutes of the Regular Session — May 12, 2005 r, City Manager's Report. Mr. Jackson reminded Council that Mr. Sam's and Ms. Allen's terms on the Baytown Municipal Development District expire at the end of June 2005. Mr. Jackson reminded Council of the special meeting to canvass the results of the May 7, 2005 general election will be held at 8 a.m. on Monday, May 16, 2005. Mr. Jackson reminded Council that the Long Neck Wildlife Festival will begin on Friday, May 13, 2005. Council Member Ward stated that upon reviewing the results of the May 7, 2005 election, she will not request a recount or an election contest. She conceded the race to Brandon Capetillo. Mayor Mandinger stated that it was an honor to have served with Council Member Ward. He expressed his appreciation for her service to the City and District 3. Adjourn. Council Member Ward moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carved. There being no further business, the meeting adjourned at 8:32 p.m. City Clerk