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2003 04 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 10, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on April 10, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Council Member Coleman Godwin Council Member Calvin Mundinger Council Member Don Murray Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent was: Mercedes Renteria III Council Member The meeting was opened with a quorum present. Mayor Alfaro recognized the students from Ms. White's class. Council Member Sheley led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on March 27, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on March 27, 2003. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: None. Council Member Sheley abstained. The motion carried. Citizen Communications: M. L. Bishop, 511 Forrest Street, addressed the City of Baytown budget. He stated that the City's dependence on federal monies only adds to the problems with the increasing national debt. He distributed information to Council and requested that the City refuse any further federal funding. Page 2 of 12 Minutes of the Regular Session — April 10, 2003 Conduct a public hearing on the proposed amendments to the Subdivision Ordinance, Chapter 126 "Subdivisions," Article II "Administration," Division 4 "Review Procedure," Subdivision IV "Final Approval," Section 126 -188 "Engineering report" and Article IV "Improvements," Division 2 "Design Standards," Section 126 -486 "Survey requirements" of the Code of Ordinances. The public hearing was called to order at 6:38 p.m. Texas Local Government Code, Section 212.002 requires a public hearing be held prior to amending the rules related to subdivisions. Notice of the public hearing was published in The Baytown Sun on Monday, March 31, 2003, and posted on the City's website on the same day. The proposed amendments will require subdivision platting data be submitted digitally for integration into the global information system and require a refundable deposit to assure submission of benchmarks. After the public hearing, Council may consider adopting the proposed amendments. No one appeared to speak at the public hearing. The public hearing was closed at 6:40 p.m. Consider Proposed Ordinance No. 030410 -1, amending Chapter 126 "Subdivisions," Article II "Administration," Division 4 "Review Procedure," Subdivision IV "Final Approval," Section 126 - 188 "Engineering report' and Article IV "Improvements," Division 2 "Design Standards," Section 126486 "Survey requirements" of the Code of Ordinances, to require digital copies of plans and specifications of subdivision infrastructure to be integrated into the City's global information system, and to require a refundable deposit along with benchmark data to be implemented into the City's global information system. On March 19, 2003, the Growth Management Development Advisory Commission reviewed the proposed change and unanimously recommended it to City Council. Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 3 of 12 Minutes of the Regular Session — April 10, 2003 ORDINANCE NO. 9544 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE lI "ADMINISTRATION," DIVISION 4 "REVIEW PROCEDURE," SUBDIVISION IV "FINAL APPROVAL," SECTION 126 -188 "ENGINEERING REPORT" AND ARTICLE IV "IMPROVEMENTS," DIVISION 2 "DESIGN STANDARDS," SECTION 126 -486 "SURVEY REQUIREMENTS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO REQUIRE DIGITAL COPIES OF PLANS AND SPECIFICATIONS OF SUBDIVISION INFRASTRUCTURE TO BE IMPLEMENTED INTO THE CITY'S GLOBAL INFORMATION SYSTEM AND TO REQUIRE A DEPOSIT ALONG WITH BENCHMARK DATA TO BE IMPLEMENTED INTO THE CITY'S GLOBAL INFORMATION SYSTEM; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Conduct a public hearing on the proposed amendment to the City of Baytown Comprehensive Plan to adopt the future land use maps. The public hearing was called to order at 6:42 p.m. Post Buckley Schuh and Jernigan (PBS &J) are currently under contract with the City to produce a Water and Wastewater Comprehensive Master Plan and Capital Recovery Fee (CRF) Study. A major portion of the comprehensive master plan requires the consultant to also produce Land Use Plan Maps reflective of our adopted 1.2 % annual growth rate for the years 2012 and 2020. The 2012 and 2020 Land Use Maps will assist PBS&J in creating the Water and Wastewater Master Plan. On January 28, 2003, the Long Range Planning Commission voted unanimously to recommend that City Council approve the 2012 and 2020 Land Use Plan Maps. After the public hearing, the Council may consider an ordinance amending the comprehensive plan by adoption of the future land use maps. No one appeared to speak at the public hearing. The public hearing was closed at 6:43 p.m. Consider Proposed Ordinance No. 030410 -2, amending the City of Baytown Comprehensive Plan to adopt the future land use maps. Post Buckley Schuh and Jernigan (PBS&J) are currently under contract with the City to produce a Water and Wastewater Comprehensive Master Plan and Capital Recovery Fee (CRF) Study. A major portion of the comprehensive master plan requires the consultant to also produce Land Use Plan Maps reflective of our adopted 1.2 % annual growth rate for the years 2012 and 2020. The 2012 and 2020 Land Use Maps will assist PBS&J in creating the Water and Wastewater Master Plan. PBS&J presented City staff with the first draft of the proposed City of Baytown 2012 and 2020 Land Use Maps on December 6, 2002. Staff initially presented the proposed plan maps to the Long Range Planning Commission (LRPC) on December 10, 2002. On January 28, 2003, the LRPC voted unanimously to recommend that City Council approve the 2012 and 2020 Land Use Plan Maps. Page 4 of 12 Minutes of the Regular Session — April 10, 2003 Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. In response to a question relating to the accuracy of the data used to make the projections, City Manager Jackson said that the maps are necessary to develop impact fees related to the Capital Improvement Plan and to provide for improvements to the system. He explained that over - projection could result in a plan that is too expensive. He noted that the maps must be updated every five years. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2020 COMPREHENSIVE PLAN TO UPDATE THE CITY OF BAYTOWN 2012 AND 2020 LAND USE PLAN MAPS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Conduct the first public hearing on the proposed continuation of the curfew ordinance. The public hearing was called to order at 6:54 p.m. Pursuant to Section 370.002 of the Texas Local Government Code, the curfew ordinance must be reviewed every third (P) year to evaluate its effects on the community, its effects on problems the ordinance was intended to remedy, and the need to continue the curfew ordinance. Tex. Loc. Gov't Code Ann. §370.002 (Vernon 1995). The City's juvenile curfew ordinance was originally passed on April 28, 1994, and last reviewed on April 27, 2000. Prior to deciding whether to abolish, continue or modify the ordinance, the City Council must hold multiple public hearings. This is the first public hearing on the curfew ordinance conducted by the City Council. The second public hearing will be held on April 24, 2003. No one appeared to speak at the public hearing. The public hearing was closed at 6:55 p.m. Consider Proposed Ordinance No. 030410 -3 amending Chapter 42 "Health and Sanitation," Article II "Public Health Hazards" Division 2 "Public Health Nuisances," Section 42 -63 "Maintenance of private sewer lines" Subsection (b) of the Code of Ordinances, City of Baytown, Texas, to extend the period of time by which a private sewer line must be repaired. This ordinance, which addresses exfiltration as well as inflow and infiltration, requires owners to repair their private sewer lines within a certain period of time after being notified by the City. Currently, the ordinance affords the owner only 30 days to make the required repairs. However, because of the significant cost associated with such repairs, it may be difficult for owners to make the repairs within this time period. As such, the proposed ordinance extends the period of time by which the repairs must be made to 180 days. Page 5of12 Minutes of the Regular Session — April 10, 2003 Council Member Sheley moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. In reply to an inquiry regarding the lack of administrative guidelines, City Manager Jackson explained that the need for this amendment is associated with the Inflow/Infiltration Program and will allow staff the discretion needed to begin smoke - testing private sewer lines. Administrative guidelines will be developed prior to this phase. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE u "PUBLIC HEALTH HAZARDS," DIVISION 2 "PUBLIC HEALTH NUISANCES," SECTION 42 -63 "MAINTENANCE OF PRIVATE SEWER LINES," SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXTEND THE PERIOD OF TIME BY WHICH A PRIVATE SEWER LINE MUST BE REPAIRED; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND N01100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030410 -4, authorizing the issuance of $8,165,000 City of Baytown, Texas, Waterworks and Sewer System Revenue Improvement and Refunding Bonds, Series 2003. City Manager Jackson noted that the amount of the issuance had been reduced to $8,100,000. The proceeds of the sale of the Waterworks and Sewer System Revenue Improvement and Refunding Bonds, Series 2003 will be used to (i) reimburse the City for expenses incurred in the rehabilitation of portions of the Sewer System; (ii) refund a portion of the City's outstanding Waterworks and Sewer System Revenue bonds (the "Refunded Bonds ") in order to lower the overall debt service requirements of the City; and (iii) to pay the costs associated with the issuance of the Bonds. Drew Masterson of First Southwest, accompanied by Frank McCrarey and Tom Sage of Vinson & Elkins, L.L.P., the City's bond counsel, noted that this issuance would achieve debt service reductions of $473,000 over a 12 -year period, or $42,000 per year for the next 10 years, with a slight reduction the last 2 years. He said this represents $391,000 in present value savings, or a little more than 5% of the bonds that are being refinanced. The interest rate on the combined issuance is 3.5 %. More than $1.1 million will be released from debt service to be used for debt avoidance. Mr. Masterson noted that the City obtained the lowest interest rate in recent history. The water and sewer operation rating given by Moody's is A2 and by Standard & Poor's is `A.' Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 6 of 12 Minutes of the Regular Session — April 10, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9547 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE IMPROVEMENT AND REFUNDING BONDS, SERIES 2003; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT; AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030410 -5, approving a contract for the management and operation of the Sports Complex Pool and the N. C. Foote Pool. Proposed Ordinance No. 030410 -5 approves a contract with the Baytown Family YMCA for the management and operation of the Sports Complex Pool and the N. C. Foote Pool in the amount of $60,706.20. This is for lifeguard services and day -to -day pool operation for the two pools for the 2003 swim season. The contractor will have the exclusive responsibility for operating the two swimming pools for the City. These responsibilities will include maintaining the proper PH and Chlorine levels, collecting all daily gate public admission fees, pool and janitorial maintenance, and providing proper staffing for all operations, including pool parties and swim lessons. In addition to other indirect cost savings, this contract will save the City approximately $10,500 over the net expenses of 2002. Council Member Sheley moved adoption of the proposed ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN FAMILY YMCA FOR THE ANNUAL LIFEGUARD SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY THOUSAND SEVEN HUNDRED SIX AND 20 /100 DOLLARS ($60,706.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7of12 Minutes of the Regular Session — April 10, 2003 Consider Proposed Ordinance No. 030410 -6 approving the purchase of land for the Northeast Wastewater Treatment Plant. City Manager Jackson informed Council that the land for the construction of the planned Northeast Waste Water Treatment facility on Needlepoint Road will be purchased from Degussa Engineered Carbons, Inc. in the amount of $135,000. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. In response to an inquiry, Mr. Jackson explained that an environmental site assessment will be performed on the property, which is situated along the bayou, and the sale is contingent upon the results of the study. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PURCHASE AND SALE AGREEMENT WITH DEGUSSA ENGINEERED CARBONS, LP, FOR THE PURCHASE OF 47.6077 ACRES FOR THE PROPOSED NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030410 -7 awarding the annual garbage bag contract. Proposed Ordinance No. 030410 -7 awards the annual garbage bag contract to Houston Poly Bag I, Ltd., in the amount of $74,520. Invitations to bid were mailed to nine bidders and we received six responses and two no -bids. Price per roll is $3.45, a 3.9% decrease. Quantities remain the same. Funding is available in the Solid Waste Operations account. City Manager Jackson informed Council that currently, staff estimates the net loss from the sale of the bags is $14,742 annually. He noted that the bags are readily available at a number of retail outlets in the City, and with the current budgetary climate, it is the recommendation of staff that all bids be rejected and the program discontinued. As an alternate recommendation, Mr. Jackson suggested that if the program is to continue, the actual cost of the program be included in the price of the bags. Council Member Murray moved to reject all bids and to discontinue the program. Council Member Anderson seconded the motion. After discussion, Mr. Jackson said a notice of termination of the program will be posted at the distribution points of Sterling Municipal Library and the Utility Billing office a short time before it is discontinued. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 8of12 Minutes of the Regular Session — April 10, 2003 Consider Proposed Resolution No. 030410 -1, authorizing the City Manager to apply for a 2003 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. The proposed grant totals $882,795 for program administrative costs plus allowable indirect costs to the City of Baytown. The Police Department is acting as the manager agent for this federal project. The Deputy Coordinator provides review of the Houston HIDTA funded initiatives and travels to other HIDTA's to review their administrative procedures in order to provide guidance for developing effective procedures for the Houston HIDTA. Funds are available through the Office of National Drug Control Policy. This program will be funded 100% by the Federal Government and matching City funds are not required. This will be the ninth year of the program. The City recovers administrative fees according to the Department of Justice scale of allowable indirect costs, plus 25% of the accountant's cost. Because there are indirect administrative costs associated with the program, staff recommends that it be scrutinized carefully in future years. Council Member Mundinger moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1580 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 2003 GRANT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT IN THE AMOUNT OF EIGHT HUNDRED EIGHTY -TWO THOUSAND SEVEN HUNDRED NINETY -FIVE AND NO /100 DOLLARS ($882,795.00); 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. Consent Agenda a. Proposed Ordinance No. 030410 -8 declares the unopposed candidate for office of Council Member District One elected. In accordance with Chapter 2, Subchapter C of the Election Code, "Election of Unopposed Candidate," the City Clerk has certified the unopposed status of the candidate in District One for the Municipal Election ordered for May 3, 2003. On receipt of the certification, the City Council is authorized to declare by ordinance the unopposed candidate elected to the office. A copy of the ordinance shall be posted on election day at each polling place that would have been used in the election. The candidate will assume office at the first council meeting after the canvass in May. b. Proposed Ordinance No. 030410 -9 authorizes an agreement with Thos. Y. Pickett & Page 9 of 12 Minutes of the Regular Session — April 10, 2003 Company, Inc. for appraisal of the Baytown Industrial Districts. Two proposals were received. Thos Y. Pickett & Company submitted the more favorable proposal. For several years, the City has contracted with Thos. Y. Pickett to provide the valuations of properties for the City's industrial districts and to provide general advice on planning for the impact of any pollution control exemptions granted by the TCEQ. The total contract is $28,000, an increase of $4,000 over last year. C. Proposed Ordinance No. 030410 -10 approves the agreement between Country Terrace Water Supply Company (Country Terrace) and the Baytown Area Water Authority (BAWA). Country Terrace is located on Wallisville Road between Thompson Road and Wade Road with a population of approximately 1,800 and 323 connections. Country Terrace will get 80 percent of its water from BAWA, which is approximately 0. 11 MGD (110,000 gallons per day). On September 19, 2001, the BAWA Board of Directors (BAWA Board) approved the water supply contract with Country Terrace contingent upon a capital buy -in fee of $88,748 and approval from the City of Houston. On April 12, 2002, BAWA received the majority of the capital buy -in fee of $79,873 from the Harris — Galveston Coastal Subsidence District. On November 25, 2002, the City of Houston approved the water supply contract with Country Terrace. On December 18, 2002, the BAWA Board approved financing the balance of the capital buy -in fee of 58,875 with a one -year term for Country Terrace. On February 1, 2003, Country Terrace began receiving water from BAWA. d. Proposed Ordinance No. 030410 -11 authorizes a contract with Pexx, Inc. in the amount of $175,096.68 for "turnkey" installation of a broadband wireless network infrastructure for eleven locations and a mobile wireless network comprised of twelve access points and ten mobile units, and software to maintain and operate the systems. Installation includes all necessary communications towers, conduit, coax, power supplies, etc. This is the second phase of transitioning from leased data circuits to a high -speed network consisting of wireless and fiber data links for the network backbone. The broadband will connect remote sites to the primary host at the Police Department. The 802.1 lb access points will provide mobile users with high- speed, secure network access not currently available. Funding is available from the Series 2002 General Obligation and Refunding bonds. It is estimated that the project will take 60 -90 days to complete. Pexx, Inc. is an Historically Under - Utilized Business and QISV vendor. A local government that participates in the cooperative purchasing program established under sections 271.082 and 271.083 of the Local Government Code satisfies otherwise applicable competitive bidding requirements when it makes a purchase through the catalogue purchasing procedure established by article 6701b, section 3.081, V.T.C.S. The purpose of the QISV (Qualified Information Systems Vendors) Catalogue Purchasing Program is to allow for qualified entities (state agencies and political subdivisions) to purchase automated information systems products and/or services in an efficient, cost effective, and competitive procurement method. Page 10 of 12 Minutes of the Regular Session — April 10, 2003 e. Proposed Resolution No. 030410 -2 authorizes the City Manager to apply for a 2003 Federal Emergency Management Agency Fire Act Grant, sets aside local matching funds, and authorizes the City Manager to take all further actions necessary in relation to the grant. The amount of the grant is $100,000 with a 30% match. The City's share will come from various accounts within the Fire Department budget. The deadline for the grant application is April 11, 2003. The grant funds will be used to improve fire ground communications interoperability and regional fire ground personnel accountability. f. Proposed Resolution No. 030410 -3 authorizes the City Manager to apply for a 2003 Flood Mitigation Assistance Program Planning Grant, sets aside local matching funds, and authorizes the City Manager to take all further actions necessary in relation to the grant. This grant is offered by the Texas Water Development Board. The grant funds will be used to develop a Floodplain Management and Mitigation Plan. Based on a proposal received from Halff and Associates, the amount of the grant will be $67,000, with a 25% match. If successful, Baytown will be awarded $50,000 to develop the plan. The city will be able to use staff time, publications, advertisements, and any other in -kind service to apply against half of the 25% required match. The remaining 12.5% ($8,500) is required to be cash. The deadline for the grant application is April 4, 2003. Funding is available in the Planning and Building Services Budget. Council Member Mundinger moved adoption of the consent agenda, items a through f. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE FOR OFFICE OF COUNCIL MEMBER, DISTRICT ONE ELECTED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9551 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 CONTRACT WITH THOS. Y. PICKETT & COMPANY, INC., FOR THE APPRAISAL OF PROPERTY WITHIN THE BAYTOWN INDUSTRIAL DISTRICTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 12 Minutes of the Regular Session — April 10, 2003 ORDINANCE NO. 9552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE WATER SUPPLY CONTRACT — TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND COUNTRY TERRACE WATER CO., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9553 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY -FIVE THOUSAND NINETY -SIX AND 68/100 DOLLARS ($175,096.68) TO PEXX, INC., FOR THE INSTALLATION OF A BROADBAND WIRELESS NETWORK INFRASTRUCTURE FOR ELEVEN (11) LOCATIONS AND A MOBILE WIRELESS NETWORK COMPRISED OF TWELVE (12) ACCESS POINTS AND TEN (10) MOBILE UNITS AND SOFTWARE TO MAINTAIN AND OPERATE THESE SYSTEMS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO FEDERAL EMERGENCY MANAGEMENT AGENCY FOR A 2003 FIRE ACT GRANT IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO 1100 DOLLARS ($100,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING THIRTY THOUSAND AND NO 1100 DOLLARS ($30,000.00) IN MATCHING FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR A 2003 FLOOD MITIGATION ASSISTANCE PROGRAM PLANNING GRANT IN THE AMOUNT OF SIXTY -SEVEN THOUSAND AND NO 1100 DOLLARS ($67,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AUTHORIZING AN IN-KIND AND CASH MATCH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Baytown Emergency Medical Services Advisory Committee. Al Weatherall has moved outside the City limits. Mr. Weatherall's term expires on December 11, 2003. Roger Lay has agreed to serve if Council appoints him. Mr. Lay is a former Paramedic, Emergency Medical Services educator, and has worked in Emergency Medical Service and Industrial Safety for many years. He is currently certified as a Nationally Registered Emergency Medical Technician and is employed by Williams Gas and Pipeline. His background in Emergency Medical Service will be a benefit for his service on this committee. Page 12 of 12 Minutes of the Regular Session — April 10, 2003 Council Member Sheley moved appointment of Roger Lay to the Baytown Emergency Medical Services Advisory Committee. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. City Manager Jackson informed Council that the Sprayground at Roseland Park will open on Saturday, April 12, 2003. Mr. Jackson congratulated Kylie Duchie, Superintendent of Recreation for the Parks and Recreation Department who has received the Jerry D. Garrett Memorial Young Professional Award. Mr. Jackson commended the employees of the Municipal Court/Vital Statistics Division who earned 5- Star Award for excellence in maintaining birth and death records. This is the second consecutive year they have earned the award. Mr. Jackson announced that the City and the Baytown Area Water Authority had each earned a Certificate for Outstanding Performance in Bacteriological Monitoring from the Texas Commission on Environmental Quality. Both are for a five -year period during which no violations had occurred of the total colifonn rule. Mr. Jackson related that City Clerk Gary Smith has earned Certified Municipal Clerk designation from the International Institute of Municipal Clerks, Inc. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:32 p.m. W mith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 10, 2003 The City Council of the City of Baytown, Texas, met in work session on April 10, 2003, at 5:15 p.m. in the Council Chamber of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Coleman Godwin Council Member Calvin Mundinger Council Member Don Murray Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk Absent: Mercedes Renteria III Council Member The meeting was opened with a quorum present after which the following business was conducted: Discuss wireless network infrastructure. Asim Khan, Director of Information Technology Services, stated that the bonds approved in 2001 included funding for technological improvements. Since approval of the bonds, there have been changes in technology and the new technology provides for future growth and compatibility for the City's information system. The proposed fiber and wireless technology aids the growth of the system. The project proposed for approval is the second phase. The third phase is being planned now. A hybrid network of wireless and fiber optic network connections will best serve the long -term needs of the City. Fiber optic cable installation is expensive and it is not cost effective to run fiber to all sites. Fiber is being used at the high use sites. The wireless system will connect the other locations throughout the City. The current maximum bandwidth is 1.5 MB. The planned wireless bandwidth will vary from 10 MB to 56 MB. Emergency services will have access via a wireless link. This is planned to be expanded to all city vehicles. In the current program eleven sites have been selected for antennas. This will provide unbroken coverage for mobile services. The proposed vendor is reputable and has provided services to several governmental agencies. The cost of technology has decreased. Phase I cost $330,000. Phase H, if approved, will cost $370,000. The bond program provided $1,300,000. The program is well within funding limits. Page 2 of 4 Minutes of the Work Session — April 10, 2003 Receive and discuss an update from the Ad Hoc Industrial District Agreement (IDA) Committee on the background and history of the IDA policy and agreement and proposed goals and timeline for new policy and agreements. City Clerk Gary Smith announced that four members of the City Council had filed conflict of interest affidavits relating to ExxonMobil. City Attorney Ignacio Ramirez, Sr. opined that because a majority of the members of City Council had filed the affidavits of a conflict of interest, the statute allows all members of the Council to participate in the discussion. Council Member Mundinger, chair of the Committee, thanked the committee members for their service on the Committee and recognized Gary Jackson, City Manager, Bob Leiper, Assistant City Manager, Donna Sams, Finance Director, Rhonda Young, Treasurer, Ignacio Ramirez, City Attorney, and Fritz Lanham. Gary Jackson, City Manager, reviewed the history of the industrial district agreements in Baytown. The adoption of the annexation law in 1963 was the impetus for creating the industrial districts. The intention was to make arrangements for and treat all industries the same through a mechanism to calculate and receive payments. The purpose was to encourage the establishment of responsible industries near the city. The policy of the initial agreement was to recognize that the property within the industrial districts would not be subject to the same regulations as property within the City; to set a mechanism in place to provide a payment in lieu of taxes; and to recognize that the City would not provide services within the industrial districts. The first industrial district agreement was signed in 1967 with Humble Oil & Refining Company. It has been referred to as the standard or model form. Today there are twenty -seven agreements with industries in three industrial districts. The vision for the future of the City has been established in the RUDAT study in 1990 and the 2020 Plan adopted in the 2000 Comprehensive Plan. There is a demand for quality of life services, neighborhood protection, litter abatement, bond financed capital projects, and increased service levels. There has been a demand for a personnel system that encourages employee retention and enables recruitment of qualified employees. Economic development initiatives for industry remain important today. Response has been made to these demands and vision. General fund expenditures reflect the response with the largest and fastest growing area of expenditures being in public safety. Bond programs have been approved since 1991 and financed with only one tax increase. The debt service requirements have increased forty-two percent. The City faces revenue challenges. The tax rate has been unchanged since 1993. The revenue to the City has increased due to increased valuations and the increased revenues have been expended for capital improvements and infrastructure, public safety, enhances services, employee retention and recruitment, technology and debt service requirements. The projection of revenues and expenditures was reviewed, with the forecasts revealing a revenue shortfall in the future. The industrial district agreements are one component of the City's fiscal strategy. The City must be resourceful in finding alternate solutions to fiscal needs, i.e. Crime Control & Prevention District, Municipal Development District, and Tax Increment Reinvestment Zone. The area is a regional market center with untapped potential. We must maintain the existing infrastructure while expanding, i.e. the wastewater system. The non - renewal of CCPD ($3,000,000 per year) and the fire staffing charter amendment ($1,100,000 in 2002 -2003 and $700,000 year each thereafter) had Page 3 of 4 Minutes of the Work Session – April 10, 2003 an adverse fiscal impact. The focus must be on long -term financial solvency. Recurring expenses must be matched with recurring revenues streams. The City has committed to financial strategic planning. We must accommodate growth while maintaining the existing infrastructure. The City is confronted with revenue limitations. The average home value has increased to $70,825, but it is still lower than comparable communities. The per capita sales tax collections are lower than comparable cities. Sales tax receipts are lower this fiscal year than last. Franchise tax payments are reduced. Contingency plans have been implemented, with at least twenty positions being held. The circumstances are not unique. Council has undertaken a comprehensive review of city services. The budget guidelines are for departments to submit zero growth budgets with alternatives for reductions of three, six and nine percent reductions. The IDA Committee's goals were as follows: • Create a fair and equitable rate in the agreement that is competitive with other cities, • The IDA payments are only one component of the City's fiscal strategy, • Provide a predictable and enhanced payment formula that encourages capital investment, • Provide language to clarify the City's right to participate in regulatory hearings and proceedings, and • Provide greater clarity in the language relating to the assignability of the agreements. Comparisons to the industrial district agreement payments for other Gulf Coast industrial cities were provided. The payment rate of an industry within the City and in an industrial district was provided. In Harris County, an industry in the City paid at combined rate of $3.286 per $100 valuation, while an industry in an industrial district paid $2.917. In Chambers County, the combined rate within the City is $3.174 and is $2.806 in an industrial district. Council Member Anderson arrived at 6:17 p.m. Under the existing agreements, payments were tiered as follows: • Year 1--45% • Year 2-48% • Years 3- 7 -50 %. For new construction (more than $20,000,000), payments were tiered as follows: • Years 1 -2 -0% • Year 3 -20% • Year 4-30% • Year 5-40% • Years 6- 7 -50 %. New concepts being considered for the new agreements include ideas from other cities' agreements, new assignablility language and new language relating to the City's participation in regulatory hearings and proceedings, and a new rate structure. With depreciation at industrial sites, even with increased rates, less income is received. Values are established through an appraisal process. Only a few of the industries did not depreciate in value during the last agreement period. Page 4 of 4 Minutes of the Work Session — April 10, 2003 Additional work sessions will be scheduled for Thursday, April 17, 2003 and Thursday, April 24, 2003, for further discussion. An item to allow Council to consider adoption of the new agreement may be on the April 24, 2003 Council agenda. Discuss appointments. Council did not discuss the appointment to the Emergency Medical Services Advisory Committee. Adjourn. There being no further business, meeting adjourned at 6:29 p.m. G&ty W mith City Clerk