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2003 04 24 CC MinutesIm MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 24, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on April 24, 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 Mercedes Renteria III 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 The meeting was opened with a quorum present. I. J. Ramirez, of Boy Scout Troop Number 1444, led the pledge of allegiance. Council Member Mundinger offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on April 10, 2003. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on April 10, 2003. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Citizen Communications: Steven Pitrucha, 511 Travis, addressed Council regarding the loud music at the Pelican Junction. He informed Council that the problem had been ongoing for three years, and that numerous complaints had been filed with the Police Department. He requested Council take action to resolve the situation. Mayor Alfaro referred the requests to Administration for response. Page 2 of 8 Minutes of the Regular Session — April 24, 2003 Receive and discuss the report from Coats/Rose on the Municipal Court/Jail project. Val Perkins of Coats, Rose, Yale, Ryman & Lee, P.C., informed Council that a meeting has been scheduled for May 6, 2003 with the architect, the contractor, the surety company, and the roof manufacturer to address the remaining problems with the window wall, the curved roof, and other minor problems. A bid has already been received to replace the window wall at a cost of $20,000 to $25,000. The length of time for repairs is a matter of days. The curved roof over the Municipal Court is under warranty and will either be replaced or rebid, with all cost coming from the retainage on the project. The length of time for repairs is projected between 60 and 120 days, depending upon whether it must be redesigned. The amount held in retainage will be sufficient to cover all repairs. Mr. Perkins noted that the repairs to the roof may interfere with the conduct of business in Municipal Court. Conduct the second 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 (3`d) 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. The first public hearing was held on April 10, 2003. This is the second public hearing on the curfew ordinance conducted by the City Council. No one appeared to speak at the public hearing. The public hearing was closed at 6:56 p.m. Consider Proposed Resolution No. 030424 -1 for the continuance of the juvenile curfew ordinance codified in Article IV "Curfew for Minors," Chapter 66 "Offense" of the Code of Ordinances. Proposed Resolution No. 030424 -1 continues the juvenile curfew ordinance of the City of Baytown without modification. The City's juvenile curfew ordinance was originally passed on April 28, 1994 and continued in April 1997 and again in April 2000. Pursuant to section 370.002 of the Texas Local Government Code, the ordinance must be reviewed every third (3`d) year to evaluate its effects on the community and on problems the ordinance was intended to remedy. Tex. Loc. Gov't. Code Ann. §370.002 (Vernon 1995). The City Council has held the requisite public hearings on the need to continue the ordinance; and, as such, this proposed resolution permits the curfew ordinance to continue, rather than to expire by operation of law. Council Member Sheley moved adoption of the proposed resolution. Council Member Renteria seconded the motion. Randy Strong, on behalf of the Chamber of Commerce, expressed support for the ordinance. At the request of Council, Chief "Byron Jones explained that the curfew is another tool the police can use to combat juvenile delinquency as well as to prevent the victimization of minors. It was requested that enforcement of this ordinance remain a high priority for the Police Department. The vote follows: Page 3 of 8 Minutes of the Regular Session — April 24, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING CHAPTER 66 "OFFENSES," ARTICLE IV "CURFEW FOR MINORS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030424 -2, approving the Industrial District Agreement policy. Proposed Resolution No. 030424 -2 approves the Industrial District Agreement policy. The policy was discussed at work sessions held on April 10, 2003, April 17, 2003, and the work session held prior to this meeting. The proposed policy is applicable to industrial partners with industrial district agreements in effect on July 26, 2002. Council Member Mundinger moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NOS. 1253 AND 1308 OF THE CITY OF BAYTOWN; ESTABLISHING AN INDUSTRIAL DISTRICT POLICY APPLICABLE TO COMPANIES THAT HAD AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN IN EFFECT ON JULY 26, 2002; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030424 -3, approving the standard form of the Industrial District Agreement. The standard form of the Industrial District Agreement was discussed at work sessions held on April 10, 2003, and April 17, 2003. Council will be provided the opportunity to again discuss the policy and form of agreement at the work session held prior to this meeting. The proposed standard form of agreement is applicable to industries with an industrial district agreement in effect on July 26, 2002. Council Member Mundinger moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Page 4of8 Minutes of the Regular Session — April 24, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE INDUSTRIAL DISTRICT STANDARD FORM OF AGREEMENT APPLICABLE TO COMPANIES THAT HAD AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN IN EFFECT ON JULY 26,2002; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030424 -1, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 13.15 -acre tract of land located west of and adjacent to North Main Street and north of Republic of Texas Plaza in the H. F. Gillette Survey in Harris County, Texas. The City of Baytown has received a request to annex the 13.15 -acre tract of land owned by Baytown Christian Academy. The property is proposed for development of the new campus for the Academy. The Academy has filed and the City Council has approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on March 27, 2003. The final reading may not be held until 30 days after the publication of the first reading ordinance and will be scheduled for June 12, 2003. Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 13.15 ACRE TRACT OF LAND LOCATED WEST OF AND ADJACENT TO NORTH MAIN STREET AND NORTH OF THE REPUBLIC OF TEXAS PLAZA, IN THE H.F. GILLETTE SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Page 5 of 8 Minutes of the Regular Session — April 24, 2003 Consider Proposed Ordinance No. 030424 -2, approving the purchase of one fire apparatus pumper and one fire apparatus aerial quint through the Houston - Galveston Area Council. Proposed Ordinance No. 030424 -2 approves the purchase of one fire apparatus pumper in the amount of $397,373 and one fire apparatus aerial quint in the amount of $599,684 through the Houston - Galveston Area Council (H -GAC). The purchase will be funded through the 2003 General Obligation Bonds, with $1,000,000 budgeted for the purchase. The total purchase price will be $969,057 including the H -GAC fee of $2,000. The purchase price includes a prepayment discount of $29,561 for the advance payment of 90% of the purchase price and a trade -in of $30,000 for the two apparatus being replaced. Purchase is contingent upon the submission and approval of a performance bond for 100% of the purchase price which guarantees performance under the contract. Council Member Sheley moved approval of the purchase in the amount of $969,057. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINE HUNDRED SIXTY -NINE THOUSAND FIFTY - SEVEN AND NO /100 DOLLARS ($969,057.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) FIRE APPARATUS PUMPER AND ONE (1) FIRE APPARATUS AERIAL QUINT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030424 -3, authorizing the approval of rate changes for park pavilions, and the assessment of rental fees for tents and ball field maintenance. The current rental fees for the indoor and outdoor pavilions are the same for a weekday or a weekend reservation. To accommodate heavier demand and the need for a building attendant on overtime to be available for cleanup between the weekend rentals, we propose a different rate for weekday and weekend rentals. Because facility amenities include tables, chairs, heating, and air conditioning, we propose an increase in rental rates and deposit for indoor pavilions. Due to the increase in requests for tent equipment and ball field services and the associated costs, it is recommended that the Parks and Recreation staff salaries be recovered for equipment set- up /take -down services as well as ball field maintenance services requested for non -City hosted events. The use and rental of tents and ball field services are only available for non - profit events hosted by civic associations and sports organizations. On April 3, 2003, the Parks and Recreation Advisory Board unanimously voted to recommend these changes to City Council. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Page 6of8 Minutes of the Regular Session — April 24, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE 9556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING NEW FEES FOR THE RENTAL OF PARK PAVILIONS, THE RENTAL OF TENT EQUIPMENT, THE RENTAL OF HOLIDAY COSTUMES; AND BALL FIELD MAINTENANCE SERVICES FOR NON -CITY SPONSORED EVENTS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0304244, abandoning the easement between Lots 22 and 239 in Block 1 of the Replat of Decker Terrace, a subdivision in Harris County, Texas. Richland Builders has requested that the easement be abandoned. A new home was constructed at 5112 Shirley Street. The home was constructed on Lot 23 and the East %s of Lot 22 over the easement. There are no utilities in the easement. The City has no intention of placing utilities in the easement and other utilities have consented to the abandonment. Until the issue concerning the easement is resolved, the home cannot be sold or occupied. A quitclaim deed will be executed to convey the easement to the property owner upon payment of the appraised value. 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, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE 9557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DISCONTINUING, ABANDONING FOR PUBLIC USE AND CLOSING THE UTILITY EASEMENT BETWEEN LOTS 22 AND 23 IN BLOCK 1 OF THE REPLAT OF DECKER TERRACE, A SUBDIVISION IN HARRIS COUNTY; ABANDONING AND QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE PUBLIC IN AND TO SAID UTILITY EASEMENT; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AND DELIVER CONVEYANCE TO RICHLAND BUILDERS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 8 Minutes of the Regular Session — April 24, 2003 Consider Proposed Ordinance No. 030424 -5, authorizing an interlocal agreement with Barbers Hill ISD, Goose Creek CISD, City Of Seabrook, and the City of Baytown for an auction to be held on May 3, 2003. This year's auction will be organized and held by Goose Creek CISD in coordination with the other entities. Goose Creek CISD selected the date of the auction. Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE 9558 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BARBERS HILL INDEPENDENT SCHOOL DISTRICT, GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND THE CITY OF SEABROOK FOR A COOPERATIVE AUCTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications for the Garth Road Synchronization Project. The scope of work is to design traffic signal timing using 48 -strand fiber optic cable. The estimated construction cost is $268,000. Alternate bid item one for LED signal lamp replacement has an estimated construction cost of $130,000. Alternate bid item two, for 144 - strand fiber optic cable to be used by traffic control and the Information Technology Department for future use is estimated to cost an additional $13,500. The total estimated construction cost for this project, including alternate bid item one, is $398,000 and, with alternate two, is $411,500. On August 22, 2002, the Municipal Development District approved funding in the amount of $450,000. Funding for alternate bid item two is available through the 2002 general obligation bonds for wireless technology. The construction duration is estimated to be 150 calendar days. Council Member Sheley moved approval of plans and specifications for the Garth Road Synchronization Project. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 8 of 8 Minutes of the Regular Session — April 24, 2003 r Consider appointments to the Construction Board of Adjustments and Appeals. The Construction Board of Adjustments and Appeals hears appeals from the decisions of the Building Official. The terms of Jesse F. Stovall, Jr. (Member at Large), Lynn A Seamans r (Member at Large), Jim Starrett, (General Contractor), William A. McElhannon, (Engineer), Bill Burge, (Architect), Monte Young, (Master Plumber), and Gary S. Ruyle, (Journeyman Plumber) will expire in May 2003. These are four -year terms. With the exception of Mr. Starrett, Mr. Seamans, and Mr. McElhannon, each has agreed to continue to serve if reappointed by council. During the most recent term, Mr. Stovall attended five, Mr. Burge attended five, Mr. Young attended four, and Mr. Ruyle attended five of the six meetings held. Council Member Sheley moved appointment of Jesse F. Stovall, Jr. (Member at Large), Bill Burge, (Architect), Monte Young, (Master Plumber), and Gary S. Ruyle, (Journeyman Plumber) to the Construction Board of Adjustments and Appeals. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. City Manager's Report. City Manager Jackson noted that the budget calendar had been established and would be provided to Council on Friday, April 25, 2003. Council Member Sheley reminded Council of the Cinco de Mayo parade to be held on Saturday, May 3, 2003, beginning at 1:00 p.m. on Texas Avenue. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor AI faro. Nays: None. '~ The motion carried. There being no further business, the meeting adjourned at 7:30 p.m. Ob G W. 9mith City Clerk MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 24, 2003 The City Council of the City of Baytown, Texas, met in work session on April 24, 2003, at 4:45 p.m. in the Hullum Conference Room 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 Mercedes Renteria III 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 The meeting was opened with a quorum present after which the following business was conducted: Discuss non - emergency ambulance transportation. Mike Lester, Director of Health and Emergency Medical Services, related that during the strategic review of the department's operations various options have been considered and discussed with the Emergency Medical Services Advisory Committee. Based on the Committee's recommendation, the concept of non - emergency ambulance transportation by the City is being presented to the Council. Jack Pitcock, EMS Coordinator, provided the history of emergency medical service within the City. In 1986 a private company was contracted to provide the service. The company abandoned the contract at midnight and Baytown established the current system. The City provides emergency response only. In 1987, 1,864 calls were made with two ambulances with an average response time of 6.2 minutes. In 2002, over 6,400 calls were made with two ambulances and a supervisor's ambulance with an average response time of 5.7 minutes. EMS accounts for $1,300,000 in the General Fund, of which $700,000 is recovered through the collection of service charges. Emergency service is the segment of the business with the highest liability and lowest financial return. It does not cover the cost of providing the service or allow for system overload or disasters. Ignacio Ramirez, Sr., City Attorney, stated that the City has insurance coverage for the risk liability. Mr. Pitcock explained that the national collection average for emergency service is 36% while the City has collected at 50 %. A non - emergency transport service is a lower liability risk with more stable patients whose trips can be scheduled. The national recovery rate for non - emergency transports is 85 %. The establishment of a City non - emergency transport service will provide N Page 2 of 4 Minutes of the Work Session — April 24, 2003 additional resources to the community. The EMS Advisory Committee supports the addition of this service for the standardization of care, the provision of additional resources and additional revenues. A survey indicated that the City could provide 400 non - emergency transports per month. Medicare pays for ambulance transportation from a regulated schedule at 80% of the cost. Most insurance companies follow the same schedule. Based on the survey and schedule, the potential revenue is $907,630 per year. The expenses are estimated to be as follows: Personnel $587,920 Operations 57,787 Total $645,707 Capital 208,500 First year cost $754,207 The net revenue for the first year is projected to be $53,423 and $261,923 in the second year. Other cities' operation of non - emergency transports was reviewed. If the proposal is adopted, the operational impact on the General Fund by the Emergency Medical Services could decline from $600,000 per year to $350,000 per year. The vehicles would be different from the vehicles currently used, but the personnel would have the same qualifications and the equipment would be the same. Mike Lester responded to questions from the Council and related that the three transport ambulances would be used to supplement the emergency service, but the emergency ambulances would not be used for transport service. Gary Jackson, City Manager, noted that the entire service could be contracted out, but the general experience is large increases in rates or subsidies. It seems reasonable to take advantage of the more revenue beneficial part of the business. Council Member Murray asked whether the private sector was satisfying the demand, if the additional ambulances will benefit the emergency service, and if there is a benchmark for ambulance response time. Mr. Pitcock stated that the goal for advanced life support is arriving at 90% of the calls within 9 minutes. In response to a question from Council Member Sheley, Mr. Pitcock informed the Council that computers are used to measure call volume and assist the department in placing ambulances in the area that require the greater response. The fleet can be moved as the conditions change. Mr. Lester noted that the transport service would not be twenty -four hours per day. Council Member Anderson arrived at 5:26 p.m. Council Member Sheley asked for information on housing costs for the crews and equipment and for the impact on private businesses. The meeting then recessed to move to the Council Chamber. Page 3 of 4 Minutes of the Work Session — April 24, 2003 The meeting reconvened in the Council Chamber. Discuss the Ad Hoc Industrial District Agreement (IDA) Committee's proposed Industrial District Agreement policy and form of agreement and proposed goals and timeline for new policy and agreements. Gary Jackson, City Manager, recognized Council Member Mundinger for his work as Chair of the Ad Hoc Industrial District Agreement and Mr. Lanham for his service on the Committee. Mr. Jackson reminded the Council that the projections that have been made are based on certain circumstances and assumptions. The circumstances may change and the assumptions may not be exact, therefore the projections can change. There may be increases or decreases in values under the current agreements. The current agreements expire up until 2008. Mr. Jackson reviewed the projections and provided handouts of the projections. The efforts of the Committee concerned developing an agreement that was suitable to meet the Committee's goals for existing industries. New industries must be considered. Mr. Jackson detailed four scenarios. The first scenario is a new industry building in the City. No IDA would apply, the improvements would be taxed at 100% of valuation, after a tax abatement period, if the industry qualified. The second scenario involved new development by an existing industry with an IDA. The value of the new improvements would not be added to the base value during the term of the existing IDA. The third scenario involved the sale of raw land by an existing industry with an IDA to an industry without an IDA. Under the current proposal, the City would get the value of the raw land for the term of the agreement. The fourth scenario involved an industry without an IDA developing a tract not covered by an IDA. Under the current proposal, the City would receive the value of the raw land for seven years, if the industry signed an IDA. Staff proposes that the policy and standard form of agreement apply only to existing industries with an IDA. The changes are reflected in redlined policy and standard form of agreement copies at Council's places. The proposed Resolutions are modified to incorporate the changes. The policy is also changed to indicate that industry should pay its fair share of revenue, not taxes. Council Member Anderson asked for comments from other Council Members that had talked to representatives of industries. Council Member Murray responded and related that he had been contacted and had views expressed that the proposal was too onerous for industry and that the proposal was too friendly to industry. Industry opposed the lack of "grand fathering" the current phase -in exemptions. Citizens opposed the proposed 50% rate level. Council Member Mundinger explained that the exclusions expired at the end of the current contract. Mr. Ramirez stated that the current contract expressly provided that the exclusions would not continue beyond the current contract. Council Member Mundinger continued that the goal was to treat all industries fairly and equally. With the expiration of the exclusions, it was fair to keep the rate at 50% and it was fair to all industries to keep the rate the same. Mayor Alfaro noted that the proposed agreement will not include new development value in the base value. Council Member Murray continued that concern was expressed over fixing the base value to a particular year, that the State Implementation Plan Page 4 of 4 Minutes of the Work Session — April 24, 2003 00� impacts and valuations would not be considered thereby making values too high and harming industry, and concern that industry was not paying its fair share. Council Member Anderson stated that industry should not carry the brunt of the imbalance in the budget. Council Member Murray continued that concern was expressed that the Committee had not fully responded to request for wording changes and that a slower increase in the percentage was requested. Council Member Mundinger stated that it was important to clarify the City's right to participate in regulatory hearings and proceedings. There is no authority for the City to act as a regulatory agency for environmental purposes. Many meetings were held and communication was provided to industry. Discuss appointments. Council Member Sheley stated that he would nominate members of the Construction Board of Adjustments and Appeals. Adjourn. There being no further business, Council Member Renteria moved adjournment. Council Member Murray seconded the motion. The vote follows: Aye: Council Members Anderson, Godwin, Murray, Mundinger, Renteria and Sheley Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:29 p.m. G W. Smith City Clerk