Loading...
2003 10 23 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 23, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on October 23, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Calvin Mundinger Don Murray Mercedes Renteria III Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith The following Council Members were absent: Ronnie Anderson Coleman Godwin Scott Sheley Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member Council Member Council Member The meeting was opened with a quorum present. Mayor Alfaro recognized the high school students present. Council Member Mundinger 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 October 9, 2003. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on October 9, 2003. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Citizen Communications: Matthew Ryan Cessna, 2230 East Cedar Bayou Lynchburg, to address Council to request a V water tap for residential use. Mr. Cessna was called three times but did not appear. Page 2of11 Minutes of the Regular Session — October 23, 2003 Albert Lee Johnson, 2246 Cedar Bayou Lynchburg, to address Council to request a 1" water tap for residential use. Mr. Johnson was called three times but did not appear. Presentations: Mayor Alfaro presented Recognition Plaques to the following members of the Baytown -Area Community Long -Range Planning Commission: Mark Bevers, Joseph Floyd, and Kenneth Roach. The Mayor presented a Recognition Plaque to Barry Bobbitt for service on the Growth Management and Development Advisory Commission/Baytown Zoning Commission. The Mayor presented a corrected plaque to Don Murray for service on the Growth Management and Development Advisory Commission/Baytown Zoning Commission. The Mayor presented a Recognition Plaque to Douglas Shipley for his service on the Parks and Recreation Board. Consider Proposed Ordinance No. 031023 -1, approving an expenditure from project retainage funds and an agreement for the replacement of the curved roof on the Municipal Court building. Proposed Ordinance No. 031023 -1 approves an agreement with Berridge Manufacturing Company for the replacement of the curved roof on the Municipal Court building in the amount of $37,950. The curved roof has been the primary source of roof leaks at the Municipal Court building. Our consultant, Coats Rose Yale Ryman Lee, P.C., and the roof system manufacturer each recommend that the roof system be upgraded to the curved z -lock system that will be installed under this agreement. Previously the prime contractor, Firemen Construction Company, had agreed to credit the $10,000 retainage to pay for the removal and reinstallation of the curved roof system, including the installation of a weatherproof membrane. This amount from the contractor along with $27,950, credited from claims filed by the architect, Wiggington, Hooker & Jeffery, will provide funding for the replacement. The manufacturer, Berridge Manufacturing Company, has agreed to install the new and upgraded system at a price well below the market rate for the system. Sufficient funds are available in the retainage account for the project to cover the cost of the new roof system. Alternate arrangements for court sessions will be made during the replacement. City Manager Jackson informed Council that although staff has received a proposal, a written agreement has not yet been received from either the manufacturer or the architect. He asked that, should Council approve the ordinance, such approval be contingent upon the terms and conditions being acceptable to both himself and the City Attorney. Val Perkins of Coats, Rose, Yale, Ryman & Lee, P.C., explained that negotiations had been ongoing with Berridge Manufacturing Company, which had recommended the installation of a new curved Zee -Lock Roof, trim, and appropriate under - layer, with a five -year water - tightness warranty on the Zee -Lock Roof. Page 3 of 11 Minutes of the Regular Session — October 23, 2003 Funds are available in the retainage from the project. He said that the sub - contractor who installed the original roof will visit the site to perform work to prevent further leaks until the new roof is installed. Council Member Renteria moved adoption of the proposed ordinance, contingent upon approval of the agreement's terms and conditions by the City Attorney and City Manager. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK ATTEST TO A CONTRACT WITH BERRIDGE MANUFACTURING COMPANY FOR THE REPLACEMENT OF THE CURVED ROOF ON THE MUNICIPAL COURT FACILITY; AUTHORIZING PAYMENT OF THE SUM OF THIRTY -SEVEN THOUSAND NINE HUNDRED FIFTY AND NO /100 DOLLARS ($37,950.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031023 -2, authorizing agreements for law enforcement services with the Goose Creek Consolidated Independent School District. Proposed Ordinance No. 031023 -2 authorizes agreements for law enforcement services with the Goose Creek Consolidated Independent School District (GCCISD). Based upon the first agreement, the Chief of Police will assign a patrol officer to act as a truancy officer for the GCCISD. The City will receive $36,164 to help defray the expenses associated with such assignment. The other agreement provides for the City to furnish two police officers to the GCCISD to act as security and patrol with one in Robert E. Lee High School and the other in Ross S. Sterling High School. The City will receive $88,288 to pay the expenses associated with such assignment of the officers for 178 days or the school term. The Goose Creek CISD Board approved these contracts on October 14, 2003. The City Attorney opined that there was no conflict of interest for Council Member Renteria to participate in the vote on this item. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 4 of 11 Minutes of the Regular Session — October 23, 2003 ORDINANCE NO. 9654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AGREEMENTS WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR LAW ENFORCEMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031023 -3, awarding a construction contract for the State Highway 99 Utility Relocation Project. Proposed Ordinance No. 031023 -3 awards a construction contract to Canyon Construction Company, Inc., in the amount of $177,683, for the State Highway 99 Utility Relocation Project. The scope of work includes the relocation of an existing 16" water line and a 4" sanitary sewer force main to facilitate the construction of State Highway 99 at the intersection of F.M. 1405 and Highway 99 (previously Spur 55) in Chambers County. The total base bid for this project is $177,683.00. The estimated cost for in -house inspection services is $5,000.00 for a total estimated project cost of $182,683.00. The total budget for this project is $220,482 and will be funded by 2003 Certificates of Obligation Bonds. The construction duration for this project is 60 calendar days. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH CANYON CONSTRUCTION COMPANY, INC., FOR THE STATE HIGHWAY 99 UTILITY RELOCATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED SEVENTY -SEVEN THOUSAND SIX HUNDRED EIGHTY -THREE AND 00 /100 DOLLARS ($177,683.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031023 -4, authorizing the extension of the Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association of Firefighters Local 1173 until November 25, 2003. Proposed Ordinance No. 031023 -4 authorizes the extension of the Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association of Firefighters Local 1173 until November 25, 2003. Page 5 of 11 Minutes of the Regular Session — October 23, 2003 On September 13, 2001, the City Council approved a collective bargaining agreement with Baytown Professional Fire Fighters Association, Local No. 1173. Such agreement expired on September 30, 2003. In anticipation of such expiration, the City's bargaining team met on April 14, 2003, with the Baytown Professional Firefighters Association to begin the collective bargaining process. After seven negotiation sessions, the parties reached a tentative agreement on September 30, 2003. On October 9, 2003, the Baytown City Council approved an extension of the contract until October 23, 2003 to allow time for the Union vote and Council consideration. On October 15 and 16, 2003, the fire fighters voted and rejected the tentative agreement. As such, it becomes necessary once again to extend the expired agreement in order to clarify what compensation members of the employees covered by collective bargaining should be paid during the period in which there is no agreement. The bargaining teams will meet during this extension period in efforts to reach another tentative agreement. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9656 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EXTENSION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173 UNTIL NOVEMBER 25, 2003; PROVIDING FOR A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 031023 -5, setting the time, date and place for a public hearing concerning the creation of Reinvestment Zone Number Two, City of Baytown and its benefits to the City and to the property within the zone; authorizing and directing the City Manager to notify the governing bodies of each taxing unit that levies taxes in the proposed Reinvestment Zone Number Two, City of Baytown that the City intends to establish the reinvestment zone and to make formal presentations to the governing bodies of such taxing entities. This item was not ready for consideration. Consider Proposed Resolution No. 031023 -1, calling a special Council meeting on Monday, December 29, 2003. This item was not ready for consideration. Page 6ofII Minutes of the Regular Session — October 23, 2003 Consider Proposed Resolution No. 031023 -2, establishing a new company Industrial District Policy. Proposed Resolution No. 031023 -2 establishes a new company industrial district agreement. The Industrial District Agreement (IDA) policy and form of agreement for existing companies (those that had an agreement in effect on July 26, 2002) was approved by City Council on April 24, 2003. As discussed with Council during the work sessions and during the meeting in which the form of agreement was approved, the Ad Hoc IDA Committee continued to develop a proposed form of agreement for new companies that did not have an agreement in place on July 26, 2002. The Ad Hoc IDA Committee recommends approval of this IDA form of agreement. Council Member Mundinger moved adoption of the proposed resolution. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING AN INDUSTRIAL DISTRICT POLICY APPLICABLE TO COMPANIES THAT DID NOT HAVE 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. 031023 -3, adopting the Reservation Policies and Procedures for the Bayland Island Waterfront Pavilion along with an Alcohol User Agreement and Permit for the possession, use and consumption of alcoholic beverages at the Bayland Island Waterfront Pavilion. Numerous requests have been made concerning the availability of the Bayland Island Waterfront Pavilion (Restaurant) for rent since the Community Center has been closed for renovations. Several requests have also been made to consider the consumption and sale of alcohol at the facility during these rentals. The alcohol policy currently in place was developed for the outdoor park area near the boat ramp and allows for beer only between the hours of 1 and 8 p.m. Since we have an indoor facility now, staff recommends several changes to the policy. Differing rules would apply depending on the type of event being held, such as a private function (wedding reception, Quinceanera, etc.) a cash bar, or a charity function. At the October 16, 2003 meeting the Parks and Recreation Advisory Board approved the policy and recommended approval. Council Member Renteria moved adoption of the proposed resolution. Council Member Mundinger seconded the motion. The vote follows: Page 7ofII Minutes of the Regular Session — October 23, 2003 Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RESERVATION POLICIES AND PROCEDURES FOR THE BAYLAND ISLAND WATERFRONT PAVILION ALONG WITH AN ALCOHOL USER AGREEMENT AND PERMIT FOR THE POSSESSION, USE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE BAYLAND ISLAND WATERFRONT PAVILION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approval of plans and specifications for construction of the Baytown Nature Center Entryway Project and authorize advertisement for bids. The City intends to construct a new entry into the Baytown Nature Center to include approximately 4,500' access drive, 14 -space parking lot, restroom, guard station facility, gated entry, fencing, and water feature along the entry. A quarter acre pond is also planned for the project. A pre -bid conference is scheduled for November 11, 2003. The project will be advertised on November 3 and November 10, 2003 with the bid opening scheduled for November 17, 2003. The bid award will be presented to Council for consideration on November 25, 2003. Construction is expected to begin in December with completion by May 2004. At the October 2, 2003 meeting the Parks and Recreation Advisory Board approved the plans and specifications and recommended approval. Council Member Mundinger moved approval of the plans and specifications for construction of the Baytown Nature Center Entryway Project and authorization for advertisement for bids. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider approval of plans and specifications for the Big Missouri Lift Station Project and authorize advertisement for bids. The scope of work includes the replacement of the Big Missouri lift station and the installation of a new force main from the Big Missouri Lift Station to the Central District Sewer Treatment Plant. Page 8 of 11 Minutes of the Regular Session — October 23, 2003 The project also includes the installation of a new gravity sewer line along Oklahoma Street from Wisconsin Street to the Big Missouri Lift Station and the installation of a new gravity sewer line along portions of Illinois and Ohio Streets. The estimated construction cost for the project, which includes a 5% contingency, is $1,434,947.80. The allotted construction duration is 210 calendar days. The total budget for this project is $2,300,000 and will be funded by CEP funds. Council Member Renteria moved approval of the plans and specifications for the Big Missouri Lift Station Project and authorization for advertisement for bids. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider approval of plans and specifications for the Huggins Street Sanitary Sewer Rehabilitation Project and authorize advertisement for bids. The scope of work includes the rehabilitation of an existing 12" sanitary sewer line using the "Cured in Place" method and manhole rehabilitation. The estimated construction cost for the project, which includes a 10% contingency, is $149,952. The allotted construction duration for the project is 90 calendar days. This project is included in the Big Missouri Lift Station Project's budget and will be funded by CIP Funds. Council Member Murray moved approval of the plans and specifications for the Huggins Street Sanitary Sewer Rehabilitation Project and authorization for advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 031023 -6 awards renewal of the annual sulfur dioxide contract to DXI Industries, Inc. in the amount of $38,800. DXI submitted a written request to renew the current contract for the same pricing, terms and conditions. Quantities remain the same as last year. Price per ton is $388. This contract is used for dechlorination in the wastewater treatment plants. Page 9 of 11 Minutes of the Regular Session — October 23, 2003 b. Proposed Ordinance No. 031023 -7 authorizes payment of the Fiscal Year 2004 Houston Area Library Automated Network ( HALAN) contract fee, in the amount of $63,415, for provision of an integrated automated circulation system at the library. Sterling Municipal Library has been a member of HALAN since 1978. Our circulation, overdue, interlibrary loan, Internet connection, reserve systems, online catalog, subject databases, wireless bookmobile, and acquisition system depend upon this network that directly links us with public libraries in Houston, Pasadena, Port Arthur, Port Neches, Nederland, Bellaire, and Lee College, and allows connections to other libraries nationwide. We have 36 workstations and a 6 terminal reference LAN connected to the system. HALAN is governed by a board of directors. At this time, Denise Fischer, City Librarian, serves as Chairman of the Board. This request reflects a $4,957 increase (8.4 %) over the previous year. This increase reflects a base line budget for the consortium, but the second year of a three -year phase in of a new fee structure which more fairly distributes costs to those larger libraries that are heavier users of system resources. The reformulated fees also reflect inflationary costs. C. Proposed Ordinance No. 031023 -8 authorizes the transfer of $129,337 in the General Fund in accordance with Section 68 of the City Charter. This is primarily a "housekeeping" function. An increase in overtime resulted in Emergency Medical Services exceeding their budget. The overtime budgeted in the General Overhead Department will be transferred to cover the overage. The transfer was made between the departments utilizing savings realized and will have no impact on the total budget. Total fund expenditures were within budgeted levels. Council Member Renteria moved adoption of the consent agenda, items a through c. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -EIGHT THOUSAND EIGHT HUNDRED AND N01100 DOLLARS ($38,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 11 Minutes of the Regular Session — October 23, 2003 ORDINANCE NO. 9658 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FISCAL YEAR 2004 HOUSTON AREA LIBRARY AUTOMATED NETWORK (HALAN) CONTRACT FEE FOR AN INTEGRATED AUTOMATED CIRCULATION SYSTEM AT THE LIBRARY IN THE AMOUNT OF THIRTY -SEVEN THOUSAND EIGHT HUNDRED EIGHTY -NINE AND 54/100 DOLLARS ($37,889.54); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS FROM VARIOUS ACCOUNTS WITHIN THE GENERAL FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider appointment to the Board of Directors, Reinvestment Zone Number One, City of Baytown. This item was not ready for consideration. City Manager's Report. City Manager Jackson informed Council of the Judges' Orientation and swearing -in ceremony, to be held on October 24, 2003, at 3:30 p.m. at the Municipal Court. Mr. Jackson announced that the Parks and Recreation - sponsored Halloween Party will be held on October 25, 2003, at Roseland Park, from 11:00 a.m. to 4:00 p.m. Mr. Jackson noted that the Parks and Recreation - sponsored Arts and Crafts Festival will be held on November 8, 2003, at the Bayland Island Waterfront Pavilion. Mr. Jackson said that, currently, 48 bid packets had been distributed regarding the bids on Bayland Island. Mr. Jackson asked that Council take a minute, as they leave the building, to inspect the newly delivered fire equipment parked in front of City Hall. Mr. Jackson stated that there were challenges ahead with the existing water and wastewater issues, but with the technical expertise of the current staff, he is confident that the problems will be solved. He commended the engineering staff for their hard work. Mayor Alfaro informed Council that he had been appointed to the Texas Municipal League Public School Finance Committee. He will be attending a meeting in Austin the following day regarding the impact of school financing on local governments. Page 11 of 11 Minutes of the Regular Session— October 23, 2003 OW Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:18 p.m. G W. 4Smith City Clerk r, MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 23, 2003 The City Council of the City of Baytown, Texas, met in work session on October 23, 2003, at 5:23 p.m. in the Hullum Conference Room of Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Calvin Mundinger Don Murray Mercedes Renteria III Pete C. Alfaro Gary Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent were: Coleman Godwin Ronnie Anderson Scott Sheley Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Council Member Council Member Council Member The meeting was opened with a quorum present after which the following business was conducted: Discuss the proposed new company Industrial District Policy. City Manager, Gary Jackson, explained that after the Council approved the revised Industrial District policy and form of agreement for companies that had an Industrial District Agreement, the Ad Hoc Industrial District Committee continued to meet to develop a new company Industrial District Agreement. The Committee was led by Council Member Mundinger. Mr. Fritz Lanham participated as a member. Staff members also served on the Committee. Council Member Mundinger stated that the Committee asked Mike Shields, Executive Director of the Baytown/West Chambers County Economic Development Foundation to assist in developing the new policy and agreement. Mr. Shields has stated that the new agreement will be a benefit in attracting new businesses to the community. Mr. Jackson informed Council that the policy and agreement addresses a new company that establishes operations in an Industrial District (outside the city limits). Such an enterprise would not be eligible for tax abatement. They would make a payment in lieu of taxes and not receive city services. Assistant City Manager, Bob Leiper, explained the purpose of the form of agreement and policy — "To encourage the establishment and economic growth of responsible industry near the City." The key elements of the new company IDA that are similar to the existing company IDA Page 2 of 3 Minutes of the Work Session – October 23, 2003 (revised IDA) are as follows: the teen is for seven years; the base value is the certified value at the time when the agreement is signed; the IDA rate begins at 50% and increases at the same rate as the rate in the revised IDA, unless the property in the new company IDA was included in an IDA dated 2003 or later, then the initial rate for the new company IDA will match the rate in the 2003 or later IDA. The differing key elements are as follows: the property would be reappraised every year to determine the "added value" above the base and the IDA rate for the "added value" would be 0% during years 1-4, 20% during year 5, 40% during year 6, and 60% during year 7. The payment under the new company IDA will be the sum of the base value payment and the added value payment. At the end of the initial IDA, the company would be offered an existing company IDA. In response to Council Member Renteria's query concerning the comparison of the proposed policy to the policies of other cities, Council Member Mundinger stated that the policy was more attractive due to the four -year abatement of payments on added value. Mr. Leiper reviewed four possible scenarios for a new company beginning operations in the area. Scenario 1 has the new company within the city limits —tax abatement could be considered. Scenario 2 has the new company in the ETJ, but not within an Industrial District —either the company gets nothing from the City and pays nothing to the City or an Industrial District could be created and a new company IDA offered. Scenario 3 has an existing company spell a facility —the new company IDA would have an agreed base that would reduce the selling companies IDA base and the new company would have the same IDA rate as the selling company. The new company would be reappraised every year to determine any added value. The agreement would have a seven -year term. Scenario 4 has the new company establishing a new facility within an existing Industrial District —a new company IDA would be offered. Discuss update on wastewater system and providing utilities outside the city limits Mr. Jackson reminded Council of the work session discussion of February 27, 2003 concerning the City's wastewater system. The wastewater system is the most significant issue facing the City. There are regulatory and compliance concerns. The Public Works staff is to be commended for their daily efforts to operate the system in compliance with the regulations. The system has capacity problems. This limits the ability to respond to interest in development in the area. The collection system and treatment system must function together to handle the existing customers and to accommodate new customers. Defects in the 400 miles of collection system allow rainwater to enter the system. Approximately half of the system is constructed of concrete or clay pipes. These react to the sewer gases and deteriorate. When the system becomes overcharged during rain events, the system will overflow. Any outflow, except at the completion of the entire treatment process, is an unpermitted bypass. The City can be fined up to $10,000 per day per bypass. Two of the three wastewater treatment plants are beyond the design limitations and are landlocked, thereby preventing any future expansion. The bond program was increased from $29.9 million for utility projects to $49.9 million. The faults in the collection system must be addressed and the capacity of the plants must be increased. Page 3 of 3 Minutes of the Work Session — October 23, 2003 The City has contracts with municipal utility districts and other districts to provide wastewater treatment. In the past, Baytown has served as a regional wastewater provider. Council has asked why the City is providing service outside the City when potential customers inside the City are being denied service. Staff implemented a practice of meeting the needs of residents of the City first. Mr. Jackson reviewed a possible policy for response to requests for the provision of wastewater and water service outside the City. For wastewater, if the requestor is outside the City, the request would be denied, unless the requestor requests annexation and there is sufficient capacity to serve the development. If the requestor has an Industrial District Agreement, the City would provide service for non - industrial wastewater, if capacity is available. For water, the City would provide service if it is available and if there are no system design problems. Commercial service would be limited to one -inch taps. If the requestor has an IDA, service will be provided if it is available. The City is prohibited from serving a customer that is within another entity's certificated area, an area for which the Texas Commission on Environmental Quality has issued a Certificate of Convenience and Necessity. Council discussed whether the 150% charge for services outside the city limits was sufficient for the City to recover all of its costs for such service. The discussion will be continued at the next work session. Discuss appointments. Reinvestment Zone Number One, City of Baytown. Discussion was deferred until the regular meeting. Adjourn. There being no further business, Council Member Mundinger moved adjournment. Council Member Murray seconded the motion. The vote follows: Aye: Council Members Mundinger, Murray, and Renteria Mayor Alfaro Nay: None. The motion carried and the meeting adjourned at 6:29 p.m. i (� !7)." r "o Gar} `W. Sfnith City Clerk