REGULAR CALLED CITY COMMISSION MEETING
M I N U T E S
WEDNESDAY, May 4, 2011 – 5:00 P.M.
KENNETH T. NUNN COUNCIL ROOM – CITY HALL
M I N U T E S
WEDNESDAY, May 4, 2011 – 5:00 P.M.
KENNETH T. NUNN COUNCIL ROOM – CITY HALL
A Regular Called Meeting of the City Commission was held on Wednesday, May 4, 2011, at 5:00 P.M. in the Kenneth T. Nunn Council Room in City Hall, Texas City, Texas, with the following in attendance:
- Present:
-
- Donald B. Singleton, Commissioner District 1
- Mike Land, Mayor Pro Tem
- Dedrick D. Johnson, Sr., Commissioner District 3
- Rick Wilkenfeld, Commissioner District 4
- Absent:
-
- Matthew T. Doyle, Mayor
- J. W. Wilson, Commissioner District 2
- Dee Ann Haney, Commissioner At large
Mayor Pro Tem Mike Land called upon Tom Ponzini of St. Mary of the Miraculous Medal, to offer the Invocation. Mayor Pro Tem Mike Land led all present in the recitation of the Pledge of Allegiance.
PROCLAMATION
I, Matthew T. Doyle, Mayor of the City of Texas City, am honored to hereby proclaim the month of May 2011 as;
Electrical safety month
In Texas City, Texas
Whereas, hundreds of people die and thousands are injured each year in the United States as a result of electrically-related incidents. On average, 490 civilian deaths related to electrical home structure fires occur each year, more than seven people are electrocuted each week in the United States and property damage resulting from home fires caused by electrical failure or malfunction amounts to more than $1.3 billion annually; and
Whereas, following basic electrical safety precautions can help prevent injury or death to thousands of people each year. Citizens are challenged to check their homes and workplaces for possible electrical hazards and are encouraged to protect their homes and families with the latest safety technology, such as ground fault circuit interrupters, arc fault circuit interrupters, and tamper resistant receptacles. Citizens are urged to install, test and properly maintain an adequate number of smoke alarms. The Electrical Safety Foundation International (ESFI) is dedicated exclusively to promoting electrical safety in the home, school and workplace through education, awareness, and advocacy; and
Whereas, BP is actively supporting this vital initiative, promoting a healthy respect for
Electricity and the safe use of electrical products. I call upon the people of Texas City to take the Home Electrical Safety Challenge and to participate in other Electrical Safety Month activities.
In testimony whereof, witness my hand and the Seal of the City of Texas City, this the 4th day of May, 2011.
I, Matthew T. Doyle, Mayor of the City of Texas City, am honored to hereby proclaim the month of May 2011 as;
Electrical safety month
In Texas City, Texas
Whereas, hundreds of people die and thousands are injured each year in the United States as a result of electrically-related incidents. On average, 490 civilian deaths related to electrical home structure fires occur each year, more than seven people are electrocuted each week in the United States and property damage resulting from home fires caused by electrical failure or malfunction amounts to more than $1.3 billion annually; and
Whereas, following basic electrical safety precautions can help prevent injury or death to thousands of people each year. Citizens are challenged to check their homes and workplaces for possible electrical hazards and are encouraged to protect their homes and families with the latest safety technology, such as ground fault circuit interrupters, arc fault circuit interrupters, and tamper resistant receptacles. Citizens are urged to install, test and properly maintain an adequate number of smoke alarms. The Electrical Safety Foundation International (ESFI) is dedicated exclusively to promoting electrical safety in the home, school and workplace through education, awareness, and advocacy; and
Whereas, BP is actively supporting this vital initiative, promoting a healthy respect for
Electricity and the safe use of electrical products. I call upon the people of Texas City to take the Home Electrical Safety Challenge and to participate in other Electrical Safety Month activities.
In testimony whereof, witness my hand and the Seal of the City of Texas City, this the 4th day of May, 2011.
REPORTS
(a)
AI-1237 Quarterly Investment Report for the quarter ending March 31, 2011. (Finance)
Laura Boyd, Financial Director, gave the investment report for quarter ending March 31, 2011. A summary of the transactions in the portfolio for the quarter are as follows: Investments at the Beginning of the Period-Book Value equaled $36,442,253;Investment Purchases/Additions - $49,022,786; Investment Maturities/Deletions - ($40,000,000); Investments-End of Period - $45,465,039; Accrued Interest (3-31-11) - $7,828; Investments at the End of the Period Plus Accrued Interest –Book Value equaled $45,472,867. The Portfolio Composition is composed of 89.68% in Certificates of Deposit (CDARS), 10.36% in Bank Deposits. Ms. Boyd reported that the Benchmark Rate of Return on the 3-month T-Bill was 0.10; the 6-month, 0.16; the 1-year, 0.26; the City’s Portfolio is 0.30. The weighted average maturity of portfolio is approximately 104.31 days.
Laura Boyd, Financial Director, gave the investment report for quarter ending March 31, 2011. A summary of the transactions in the portfolio for the quarter are as follows: Investments at the Beginning of the Period-Book Value equaled $36,442,253;Investment Purchases/Additions - $49,022,786; Investment Maturities/Deletions - ($40,000,000); Investments-End of Period - $45,465,039; Accrued Interest (3-31-11) - $7,828; Investments at the End of the Period Plus Accrued Interest –Book Value equaled $45,472,867. The Portfolio Composition is composed of 89.68% in Certificates of Deposit (CDARS), 10.36% in Bank Deposits. Ms. Boyd reported that the Benchmark Rate of Return on the 3-month T-Bill was 0.10; the 6-month, 0.16; the 1-year, 0.26; the City’s Portfolio is 0.30. The weighted average maturity of portfolio is approximately 104.31 days.
PUBLIC HEARING
(a)
AI-1213
Sam Boyd request to rezone from "O" (Open Space) to "E" (General Business) and "E-4" (Commercial Warehouse) to construct an office and warehouse being 4.95 acres out of the W.G. Bank Survey located on FM 646.
Don Carroll addressed the Commission: This rezoning request went before the Zoning Commission on April 5, 2011 and before the Planning Board on April 4, 2011 for a rezoning Public Hearing. He indicated that eight property owners were notified of the zoning intent. To date no letters in opposition to the rezoning request. Zoning Commission recommended in favor.
Sam Boyd addressed the Commission: He stated the property is located within Texas City and also adjoined property in League City. The property within Texas City will be primarily office and the portion of property in the rear would be the office warehouse, and maybe some mini-storage.
Commissioner Johnson wanted to know if the plans are fairly accurate. Mr Boyd said it would be altered depending on tenants needs, but wants to keep the office portion in front.
Don Carroll addressed the Commission: This rezoning request went before the Zoning Commission on April 5, 2011 and before the Planning Board on April 4, 2011 for a rezoning Public Hearing. He indicated that eight property owners were notified of the zoning intent. To date no letters in opposition to the rezoning request. Zoning Commission recommended in favor.
Sam Boyd addressed the Commission: He stated the property is located within Texas City and also adjoined property in League City. The property within Texas City will be primarily office and the portion of property in the rear would be the office warehouse, and maybe some mini-storage.
Commissioner Johnson wanted to know if the plans are fairly accurate. Mr Boyd said it would be altered depending on tenants needs, but wants to keep the office portion in front.
(b)
AI-1215 Shannan Jack and Muhammad Anwar request to rezone from “F” (Light Industry) to “E” (General Business) to operate a hair salon in existing building being Lot 7 and 1.2' of Right of Way, Block 249, Texas City Second Division located at 909 8th Avenue North, Texas City, Texas.
Don Carroll addressed the Commission: This rezoning request was previously granted approval by the Zoning Commission on April 5, 2011. Mr. Carroll indicated that 14 property owners were notified of the rezoning intent. One letter was returned undeliverable and no letters had been received in opposition to the rezoning request and it was not in conflict with the Land Use Plan or Zoning Ordinance.
Don Carroll addressed the Commission: This rezoning request was previously granted approval by the Zoning Commission on April 5, 2011. Mr. Carroll indicated that 14 property owners were notified of the rezoning intent. One letter was returned undeliverable and no letters had been received in opposition to the rezoning request and it was not in conflict with the Land Use Plan or Zoning Ordinance.
(c)
AI-1217 James McWhorter/St. Mary’s Capital Development Fund request to rezone from “A” (Single Family Residential) to “A-2" (Patio Homes) to construct a new subdivision and build homes being 6.78 acres out of a 24.06 acre tract, J.B. Wells Survey located on 13th Avenue and 15th Street North, Texas City, Texas.
Don Carroll addressed the Commission: This rezoning request was previously granted approval by the Zoning Commission on April 5, 2011. Mr. Carroll indicated that 17 property owners were notified of the rezoning intent.
James McWhorter reported this would be a subdivision for seniors over 55 and 48 homes are planned to be built. The homes would be patio homes (condos) with a zero lot line on one side.
Commissioner Johnson wanted to know where the entrance will be.
James McWhorter stated it would be off of 15th Street as it is a wider street and would provide better access.
Don Carroll addressed the Commission: This rezoning request was previously granted approval by the Zoning Commission on April 5, 2011. Mr. Carroll indicated that 17 property owners were notified of the rezoning intent.
James McWhorter reported this would be a subdivision for seniors over 55 and 48 homes are planned to be built. The homes would be patio homes (condos) with a zero lot line on one side.
Commissioner Johnson wanted to know where the entrance will be.
James McWhorter stated it would be off of 15th Street as it is a wider street and would provide better access.
(d)
AI-1219 Alan Mueller/Golden Rule Services Inc. request to rezone from “E” (General Business) to “S-P” (Site Plan) to open an adult day care facility in an existing building being Lots 1-24, Block 2, and adjacent to a portion of 8th Avenue North Right of Way, Lincoln Park Addition located at 720 34th Street North, Texas City, Texas.
Don Carroll addressed the Commission: This rezoning request was previously granted approval by the Zoning Commission on April 5, 2011. Mr. Carroll indicated that 9 property owners were notified of the rezoning intent. No letters or opposition had been received to date and the request was not in conflict with the Land Use Plan or Zoning Ordinance.
Mr. Daniel Almonds addressed the Commission. He stated the property will be an adult day care facility. The hours of operation will be from 9:00 a.m. to 3:00 p.m. Monday though Friday. There are 20 to 30 clients. Unless it was for a Doctor's appointment most clients would not leave early.
Commissioner Singleton asked will the clients live on site.
Mr. Almonds said no.
Don Carroll addressed the Commission: This rezoning request was previously granted approval by the Zoning Commission on April 5, 2011. Mr. Carroll indicated that 9 property owners were notified of the rezoning intent. No letters or opposition had been received to date and the request was not in conflict with the Land Use Plan or Zoning Ordinance.
Mr. Daniel Almonds addressed the Commission. He stated the property will be an adult day care facility. The hours of operation will be from 9:00 a.m. to 3:00 p.m. Monday though Friday. There are 20 to 30 clients. Unless it was for a Doctor's appointment most clients would not leave early.
Commissioner Singleton asked will the clients live on site.
Mr. Almonds said no.
PRELIMINARY ZONING APPROVAL
(a)
AI-1239 Consider Sam Boyd's request to rezone from "O" (Open Space) to "E" (General Business) and "E-4" (Commercial Warehouse) to construct an office and warehouse being 4.95 acres out of the W.G. Bank Survey located on FM 646.
Motion by Commissioner District 1 Donald B. Singleton, Seconded by Commissioner District 3 Dedrick D. Johnson, Sr. to approve.
Vote: 4 - 0 CARRIED
(b)
AI-1216 Consider Shannan Jack and Muhammad Anwar's request to rezone from “F” (Light Industry) to “E” (General Business) to operate a hair salon in existing building being Lot 7 and 1.2' of Right of Way, Block 249, Texas City Second Division located at 909 8th Avenue North, Texas City, Texas.
Motion by Commissioner District 3 Dedrick D. Johnson, Sr., Seconded by Commissioner District 4 Rick Wilkenfeld to approve
Vote: 4 - 0 CARRIED
(c)
AI-1218 Consider James McWhorter/St. Mary’s Capital Development Fund's request to rezone from “A” (Single Family Residential) to “A-2" (Patio Homes) to construct a new subdivision and build homes being 6.78 acres out of a 24.06 acre tract, J.B. Wells Survey located on 13th Avenue and 15th Street North, Texas City, Texas.
Commissioner Johnson wanted to know what type of fence will it be and the height.
James McWhorter said it will be 6 feet and made out of precast masonry.
Commissioner Johnson wanted to know what type of fence will it be and the height.
James McWhorter said it will be 6 feet and made out of precast masonry.
Motion by Commissioner District 1 Donald B. Singleton, Seconded by Commissioner District 4 Rick Wilkenfeld to approve
Vote: 4 - 0 CARRIED
(d)
AI-1220 Consider Alan Mueller/Golden Rule Services Inc.'s request to rezone from “E” (General Business) to “S-P” (Site Plan) to open an adult day care facility in an existing building being Lots 1-24, Block 2, and adjacent to a portion of 8th Avenue North Right of Way, Lincoln Park Addition located at 720 34th Street North, Texas City, Texas.
Motion by Commissioner District 1 Donald B. Singleton, Seconded by Commissioner District 4 Rick Wilkenfeld to approve
Vote: 4 - 0 CARRIED
CONSENT AGENDA
(a)
AI-1235 Consider approval of the minutes from the April 20, 2011 regular called City Commission meeting.
(b)
Res 11-030
Resolution No. 11-030 authorizing the Mayor to execute a Dike Lease Agreement with Jason Cogburn d/b/a Boyd's One Stop.
RESOLUTION NO. 11-030; A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF TEXAS CITY AND BOYD’S ONE STOP, INC. FOR PROPERTY LOCATED ON THE TEXAS CITY DIKE DESCRIBED IN EXHIBIT ‘A’ ATTACHED; AUTHORIZING THE MAYOR TO EXECUTE THE LEASE AGREEMENT; AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION.
RESOLUTION NO. 11-030; A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF TEXAS CITY AND BOYD’S ONE STOP, INC. FOR PROPERTY LOCATED ON THE TEXAS CITY DIKE DESCRIBED IN EXHIBIT ‘A’ ATTACHED; AUTHORIZING THE MAYOR TO EXECUTE THE LEASE AGREEMENT; AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION.
(c)
Res 11-031 Resolution No. 11-031 authorizing the Mayor to execute a Contract for Supplemental water between Gulf Coast Water Authority and the City of Texas City.
RESOLUTION NO. 11-031; A RESOLUTION OF THE CITY OF TEXAS CITY, TEXAS, TO APPROVE CONTRACT WITH GULF COAST WATER AUTHORITY FOR SUPPLEMENTAL WATER; AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION.
RESOLUTION NO. 11-031; A RESOLUTION OF THE CITY OF TEXAS CITY, TEXAS, TO APPROVE CONTRACT WITH GULF COAST WATER AUTHORITY FOR SUPPLEMENTAL WATER; AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION.
Motion by Commissioner District 3 Dedrick D. Johnson, Sr., Seconded by Commissioner District 4 Rick Wilkenfeld to approve consent items a, b and c.
Vote: 4 - 0 CARRIED
REGULAR ITEMS
(a)
Ord 11-14 Consider approval of Ordinance No. 11-14 amending the City of Texas City Code of Ordinances, Chapter 90, Section 90-172, Authorized Strength, by updating the number of authorized positions within classification of the Police Department.
ORDINANCE NO. 11-14; AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 90, “PERSONNEL”, SECTION 90-172 TO CORRECT THE NUMBER OF AUTHORIZED POSITIONS OF THE POLICE DEPARTMENT; PRESCRIBING THE RESULTING NUMBER OF POSITIONS IN EACH CLASSIFICATION OF THE CLASSIFIED SERVICE OF THE POLICE DEPARTMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; DISPENSING WITH THE REQUIREMENT FOR READING THIS ORDINANCE ON THREE (3) SEPARATE DAYS; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION AND PUBLICATION BY CAPTION ONLY IN THE OFFICIAL NEWSPAPER OF THE CITY.
Chief Burby reported on the changes made to the Ordinance. Chapter 90, "Personnel", Sec. 90-172. Authorized Strength; the following shall prescribe the number of authorized positions within each classification of the Police Department:
Captains…………………………….. 3
I.D. Officer, Sergeant……...............1
Sergeants……………………………8 9
Corporals………………………….. 39
Patrolman…………………………..33
Corporals/Police Officers.... 74
Total:84 87
ORDINANCE NO. 11-14; AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 90, “PERSONNEL”, SECTION 90-172 TO CORRECT THE NUMBER OF AUTHORIZED POSITIONS OF THE POLICE DEPARTMENT; PRESCRIBING THE RESULTING NUMBER OF POSITIONS IN EACH CLASSIFICATION OF THE CLASSIFIED SERVICE OF THE POLICE DEPARTMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; DISPENSING WITH THE REQUIREMENT FOR READING THIS ORDINANCE ON THREE (3) SEPARATE DAYS; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION AND PUBLICATION BY CAPTION ONLY IN THE OFFICIAL NEWSPAPER OF THE CITY.
Chief Burby reported on the changes made to the Ordinance. Chapter 90, "Personnel", Sec. 90-172. Authorized Strength; the following shall prescribe the number of authorized positions within each classification of the Police Department:
Captains…………………………….. 3
I.D. Officer, Sergeant……...............1
Sergeants……………………………
Patrolman…………………………..33
Total:
Motion by Commissioner District 3 Dedrick D. Johnson, Sr., Seconded by Commissioner District 4 Rick Wilkenfeld to approve Ordinance No. 11-14
Vote: 4 - 0 CARRIED
(b)
Ord 11-15 Consider first reading of Ordinance No. 11-15, amending the City of Texas City Comprehensive Land Use Plan - Activity Corridor along FM 646, FM 3436 and Public Institutions along Hughes Road and Thoroughfare Plan alignment.
ORDINANCE NO. 11-15; AN ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF ORDINANCES OF THE CITY OF TEXAS CITY, GALVESTON COUNTY, TEXAS, ALSO KNOWN AS THE ZONING ORDINANCE, BY REZONING FROM “F”, LIGHT INDUSTRY, TO “E”, GENERAL BUSINESS, TO CONSTRUCT A HAIR SALON IN EXISTING BUILDING AT LOT 7, AND 1.2’ OF ROW, BLOCK 249, TEXAS CITY SECOND DIVISION, KNOWN AS 909 8TH AVENUE NORTH, TEXAS CITY, GALVESTON COUNTY, TEXAS; ORDERING SAID CHANGES MADE ON THE CITY ZONING MAP; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; DISPENSING WITH THE CHARTER REQUIREMENT FOR READING THIS ORDINANCE ON THREE (3) SEPARATE DAYS; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION AND PUBLICATION BY CAPTION ONLY IN THE OFFICIAL NEWSPAPER OF THE CITY.
Don Carroll address the Commission: Mr. Carroll explained the changes to the Land Use Plan. 1) Expansion of the activity corridor south along FM 646 and on both sides of FM 3436 to FM 517 and then along FM 517 east to Highway 146; 2) Amend the plan to show a Public Institutional Area on Hughes Road to include both McAdams Junior High and Hughes Road Elementary schools.
ORDINANCE NO. 11-15; AN ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF ORDINANCES OF THE CITY OF TEXAS CITY, GALVESTON COUNTY, TEXAS, ALSO KNOWN AS THE ZONING ORDINANCE, BY REZONING FROM “F”, LIGHT INDUSTRY, TO “E”, GENERAL BUSINESS, TO CONSTRUCT A HAIR SALON IN EXISTING BUILDING AT LOT 7, AND 1.2’ OF ROW, BLOCK 249, TEXAS CITY SECOND DIVISION, KNOWN AS 909 8TH AVENUE NORTH, TEXAS CITY, GALVESTON COUNTY, TEXAS; ORDERING SAID CHANGES MADE ON THE CITY ZONING MAP; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; DISPENSING WITH THE CHARTER REQUIREMENT FOR READING THIS ORDINANCE ON THREE (3) SEPARATE DAYS; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION AND PUBLICATION BY CAPTION ONLY IN THE OFFICIAL NEWSPAPER OF THE CITY.
Don Carroll address the Commission: Mr. Carroll explained the changes to the Land Use Plan. 1) Expansion of the activity corridor south along FM 646 and on both sides of FM 3436 to FM 517 and then along FM 517 east to Highway 146; 2) Amend the plan to show a Public Institutional Area on Hughes Road to include both McAdams Junior High and Hughes Road Elementary schools.
Motion by Commissioner District 4 Rick Wilkenfeld, Seconded by Commissioner District 3 Dedrick D. Johnson, Sr. to approve Ordinance No. 11-15
Vote: 4 - 0 CARRIED
PUBLIC COMMENTS
None
None
MAYOR'S COMMENTS
None
None
COMMISSIONERS' COMMENTS
None
None
Having no further business, Commissioner Johnson made a MOTION to ADJOURN at 5:40 p.m.; the motion was SECONDED by Commissioner Singleton. All present voted AYE. MOTION CARRIED.
| ______________________________ | |
| MATTHEW T. DOYLE, MAYOR |
ATTEST:
_________________________________
Susan Sensat,
Deputy City Secretary
May 6, 2011