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2004 08 12 WS MinutesN MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 12, 2004 The City Council of the City of Baytown, Texas, met in work session on August 12, 2004, at 5:00 p.m. in the Hullum Conference Room, Baytown City Hall, Baytown, Texas, 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 after which the following business was conducted: Discuss the proposed 2004 -2005 budget. Gary Jackson, City Manager, reported that the technical adjustments to the budget were at each Council Member's place. No other presentation was intended. Council Member Anderson commented that everything went well in the budget session. Several good suggestions were made that staff adopted. Discuss the Chandler Arboretum. Scott Johnson, Director of Parks and Recreation, reviewed the history of the Chandler Arboretum. The Chandler family donated 50 acres of land on Crosby -Cedar Bayou Road. The Communities Foundation of Texas holds title to the property. Bob Duke was hired to develop plans for an indoor and an outdoor grant application. The grant applications were not successful. The Committee has been working to develop the Arboretum. The first step is to have the property transferred from the Foundation to the City. Funding has been donated specifically for the Arboretum. Steve Chandler, Chandler Arboretum Board, explained that the Committee has been trying to raise money for a visitor and teaching center. The design will allow use of the Arboretum to ' educate all ages and will be operated cooperatively with Lee College. Page 2 of 5 Minutes of the Work Session — August 12, 2004 The initial development includes a driveway and a log cabin. The cabin will be built with an open concept to allow flexible use. Donations have been collected in the amount of $125,000, with the promise of another $40,000 in donations. The architectural services and engineering services have been donated. The Committee is asking the City to release the money held by the City that has been donated for use in connection with the Arboretum. Mr. Johnson explained that Parks and Wildlife grants are being awarded for outside activities. The use proposed for the Arboretum does not score well on grant review. The City could allow the Foundation to continue to hold title to the property and apply for other grants. It is unlikely that any grants from Parks and Wildlife will be awarded to the Arboretum. Mr. Chandler reviewed the funds available for development of the Arboretum. The City has $72,000 in the general fund from donations for the Arboretum. Another $120,000 is being held in a special account for the Arboretum. An additional $40,000 has been promised. The Committee is not asking for any City funds for the operation of the Arboretum, rather, it will be operated with volunteers. Angela Chandler, Coordinator for the Chandler Arboretum, stated that the upkeep, maintenance, and programs of the Arboretum would be done without City labor or supervision. The Arboretum will place no obligation on the City. Mr. Jackson explained that the donation of the property by the Chandlers makes it City property. As a consequence, all transactions related to the property must be done in accordance with law. The City could enter into a long -term contract with the Committee to develop, operate, and maintain the facility. Council Member Sheley spoke in favor of the transfer of the title to the property, release of the money, and getting activity started. He anticipates that it will be a very nice educational facility. Mayor Mundinger summarized the request as the land was donated for an Arboretum. The money was donated for an Arboretum. The Committee will develop and operate the Arboretum without any obligation on the City. Mr. Jackson stated that staff would meet with the Committee and bring back talking points for further discussion with Council. If Council agrees, then a contract will be prepared for Council's consideration. Discuss impact fees. Mr. Jackson reviewed the development of the information related to the proposed impact fee. A contract with PBS&J was entered, to provide for the development of the water and sewer master plan. Council has adopted the population projections, the land use assumptions, and the land use master plan. These items that were adopted are components to calculate the impact fee. Joe Ornowski, PBS &J, reviewed the equity residual model that was used to develop the impact fee. The model is designed to eliminate cross - subsidization. That is, it will prevent ratepayers Page 3 of 5 Minutes of the Work Session – August 12, 2004 from paying for additional capacity that is due to development and it will prevent developers from paying the equivalent of taxes. The impact fees of other Texas cities were reviewed. The maximum impact fee for Baytown is $2,243.46. The average fee of the cities surveyed is $2,046.12. The maximum impact fee was compared to the fees currently charged. For a single family residence— current impact fee In City $500 $2,243.46 Out of City $1,427.50 $2,243.46 For multi - family (9.8 connections per acre) In City $5,250 $21,985.91 Out of City $15,128.40 $21,985.91 Commercial (3.6 connections per acre) In City $3,000 $8,076.46 Out of City $6,628.80 $8,076.46 The Council inquired why the maximum fee was chosen. Staff explained that the law requires that the maximum fee be disclosed. Choosing a lesser fee will not provide the funding for the new infrastructure required by the new development. The cost of the expansion must be paid by either the impact fee or the ratepayers. The other option is to provide no plan for expansion, but that will result in no growth. Council Member Murray stated that the impact fee allows the new growth to pay its share of the cost of future capacity. After the impact fee is paid, then the newly developed areas pay the same rate as the established areas. The impact fee avoids charging the residents of the established areas for the new capacity. Council Member Mahan stated that builders are concerned over the amount of the impact fee Council Member Murray explained that the impact fee would affect the cost of building a house, but it will not affect the price of the house. Bob Leiper, Assistant City Manager, explained that the maximum impact fee is determined from the cost to provide capacity and not from the impact fees charged by other communities. Council Member Murray stated that any impact fee in an amount less than the maximum impact fee will require the cost of expansion of capacity to come from the existing rate payers. Mayor Mundinger commented that someone would pay. If the impact fee is not assessed, then the cost of the improvements will come from rates. Relying on rates will make it harder to expand the capacity of the wastewater plants, leading to limited capacity. Action must be taken. Council Member Renteria stated that the City should make a soft place for developers to land in order to attract new development. bi Page 4 of 5 Minutes of the Work Session — August 12, 2004 Mr. Jackson stated that the maximum impact fee was developed in strict accordance with the governing statute. A flow chart of the process is included in the packet. The proposed ordinance has been distributed to Council. He does not expect action on the ordinance at the meeting. The Council has up to 30 days to approve or disapprove the impact fee. This allows Council two more meetings to consider the ordinance. The public hearing will be held during the regular meeting. He also noted that the impact fee may not be waived for in -fill development. In response to an inquiry, he related that further research is being performed to determine the definition of affordable housing, as the statute allows waiver of the impact fee for affordable housing. Council Member Sheley commented that the new development is getting more attention than the established neighborhoods that have significant needs. Mr. Leiper replied that the impact fee would reimburse the expense for new capacity. The new development will assist in paying for the maintenance issues that exist in the established neighborhoods. Council Member Murray asked if the impact fee could be developed by zone. Mr. Jackson explained that the question would be researched, but establishing zones would involve significant complications and would likely require that the study be redone. Consider appointments. Parks and Recreation Board. Council Member Renteria stated that he would move the confirmation of the Mayor's appointment of Howard Hunt and Gilbert Hinojosa. Alternate Member, Houston Galveston Area Council. Council Member Murray stated that he would move the appointment of the alternate. Baytown Area Water Authority. Council Member Anderson stated that he would move the reappointment of Knox Beavers and Peter Buenz. Tour of the Community Center. No action was taken on this item. Adjourn. There being no further business, Council Member Anderson moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Page 5 of 5 Minutes of the Work Session — August 12, 2004 Aye: Council Members Anderson, Mahan, Murray, Renteria, and Sheley Mayor Mundinger Nay: None. The motion carried and the meeting adjourned at 6:15 p.m. G6ay W. Smith City Clerk