2004 04 22 WS MinutesN
MINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 22, 2004
The City Council of the City of Baytown, Texas, met in work session on April 22, 2004, at 5:00
p.m. in the Council Chamber of Baytown City Hall, 2401 Market Street, Baytown, Texas, with
the following in attendance:
Ronnie Anderson
Coleman Godwin
Calvin Mundinger
Don Murray
Mercedes Renteria III
Pete C. Alfaro
Gary Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
Absent was: Scott Sheley
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Council Member
The meeting was opened with a quorum present after which the following business was
conducted:
Discuss the proposed Cedar Bayou Navigation District's improvement project and the
association with shoreline erosion protection at City's closed landfill site (former East
District landfill).
Gary Jackson, City Manager, informed City Council that the Navigation District's improvement
project on Cedar Bayou involves "bend easing." One location designated for "bend easing" is
the site of the former landfill. Erosion is occurring at the landfill location. No hazardous
materials have been located, but the City must address the erosion. Funding is available in the
budget.
Don Johnson, representing the Navigation District, reported that the District was nearing
completion of the feasibility study. They projected delivery of the study to the US Army Corp of
Engineers in June, 2004. The project was initially envisioned as a 125' x 12' project. It is now
projected to be a 100' x 10' project. The current configuration is sufficient for current and
projected traffic. The project will extend from mile marker 3 to the Bayer dock, or possibly the
Highway 146 bridge. The Corp of Engineers has required "bend easing" at the old landfill site.
The opportunity exists to share costs in the bank alteration. This will remediate the erosion
problem and federal funding can pay for 90% of the project. The estimate of probable costs
prepared by LAN has been shared with the City's engineering committee. The proposal can save
all parties money.
In response to inquiries from Council Member Godwin, Mr. Johnson explained that the project
does not include work north of the Highway 146 bridge. The project should not cause erosion to
Page 2 of 4
Minutes of the Work Session — April 22, 2004
affect residences along Cedar Bayou. The recreational use of the waterway is addressed in the
feasibility study. The project will not widen the banks of the stream, all of the widening will
occur below the water surface, except at the "bend easing" points at Devil's Elbow, the old land
fill and two locations above Texas Genco.
In response to inquiries from Council, it was explained that the work at Devil's Elbow will leave
an open waterway without barge traffic adjacent to the Harris County side of the property. The
project should be designed in 2005 and constructed in 2006. The project should provide a
positive impact on the area. The commercial waterborne traffic will increase. The project will
make the stream safer for barge traffic. There has been no finding of adversity. The shippers
will be able to use larger barges, increasing the efficiency of the trip. It is assumed that the
occupants of Cedar Crossing will also use waterborne transportation.
Mr. Jackson noted that the projected cost of the erosion protection could be $1.1 million. If it
were performed as a federal project, then the City would pay 10% of the cost.
The Council discussed the impact of future erosion and any remedy for such erosion, as well as
safety issues from the double - parking of barges in Cedar Bayou. Mr. Johnson observed that the
project is not designed for recreational use or for home development, rather for the safety of
barge traffic.
Mr. Jackson reminded Council that the need for bank stabilization will exist whether or not the
Corp project is done.
Wastewater system overview and update.
Mr. Jackson presented the status of the wastewater system and proposals of how to finance
solutions to the existing problems and future growth. The City has 400 miles of sewer mains.
Of this, 200 miles are constructed of concrete or clay pipes and are in various stages of disrepair.
Significant improvements have been made to the system and many more are planned. The
system has 3 treatment plants and 78 lift stations. It is designed to be a closed system for
sanitary sewer, not rainfall or groundwater. The entire system is based on design capacity.
Inflow from rainwater and groundwater overload the system and cause problems.
The many components of the system are interrelated. The capacity of the system is affected by
inflow and infiltration (I &1). Two of the treatment plants are landlocked and cannot be
expanded. The planned Northeast District plant will take load from the East District plant and
will be designed and constructed to provide for future growth. Growth and development impact
capacity. Rainfall overloads the system and adds to the deterioration of the system. Major
repairs are expensive and take years to plan and construct.
The problem is not unique to Baytown, but it is more common in the coastal area. Overloading
of the system causes operational and environmental problems. The materials that were used in
the past are damaged by the gasses found in the system. The private side of the system may be
making a significant contribution to the problem. It is not a new problem. Enforcement
authorities encouraged bigger plants, but did not address the source of the problem. Now, they
are encouraging solving the problem at its source.
Page 3 of 4
Minutes of the Work Session — April 22, 2004
In the 2001 bond process, $84 million in needs were demonstrated. The Utilities Committee
recommended $38 million in bonds to solve the problems. The Steering Committee
recommended the sale of $29 million in bonds.
A part of the solution is to fix the I &I on the public and private lines. This can be done by
elimination of improper connections. There must also be expansion of the treatment capacity
(but it must be determined who pays for what part of the expansion), and there should be a
system for developers to share the cost of serving the growth.
Presently, the owners of the private lines are responsible for repairs. This will cause a hardship
on some residents. Staff is studying the possibility of the City's participation in repair of the
private lines. A statute allows the City to repair the lines, but the City must collect the costs
form the property owner or file a lien.
Between 1992 and 2001, $26 million was spent on repairs to the collection system and $21
million was spent on the treatment plants. The bond program was expanded from $29 million to
$49 million. I &I work has been done throughout the City and additional projects are planned.
Expenditures over a 15 -year period will include an additional $28 million on rehabilitation of
lines, and $22 million on treatment plants. The total expenditures will be $97 million.
The City must manage the sanitary sewer system load. Management affects customer service
and compliance. Failure to manage the load can result in loss of service to our customers and
bypasses. Administrative penalties can be assessed. Utility availability is used to manage
wastewater capacity. The evaluation method is used to make the capacity available in a fair and
equitable manner. In response to an inquiry about package plants, Mr. Jackson stated that
Package plants can provide a short-term solution in an appropriate situation. Many projects have
been approved during the last year, however some were denied. From January 2000 through
January 2004, the City had 1,135 housing starts with 916 lots platted within the City and 998 lots
platted in the extra - territorial jurisdiction. Commercial developments valued at $118 million
occurred during that period. The Capital Recovery Fee is a mechanism to pay for the prorated
share of the new capacity related to new development. To assist in managing the capacity,
Council adopted a policy governing providing utilities outside the City limits.
The cost of the system will include $18 million for the new Northeast Wastewater Treatment
Plant. The cost will be split 60% to the Municipal Development District and 40% to the Utility
fund. Expansion of the West District Plant will be discussed in the 2004 -2005 budget. The
Water & Sewer Fund has issued $71 million in debt in 13 years. This is paid by the customers.
The MDD can assist with some cost. Additional funding can be provided by the Capital
Recovery Fee. The water and sewer rates are scheduled to be increased in future years, subject
to annual review, by 9 %, 8 %, 8 %, 8 %, 8 %, 7 %, 3 %, 4 %, and 3 %. This does not cover growth.
Baytown's rates for water and sewer tend to be higher than other comparable cities.
Repairs to both the public system and private lines are anticipated, especially in the area served
by the Central District Plant. Phasing developments assists in managing capacity. Package
plants can be used, where appropriate.
A significant question is how to pay for the growth? There are many costs related to growth,
some are paid from the general fund. Staff is working to provide a proper cost - benefit analysis.
Page 4 of 4
Minutes of the Work Session — April 22, 2004
00� Adjourn.
There being no further business, Council Member Renteria moved adjournment. Council
Member Mundinger seconded the motion. The vote follows:
Aye: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria
Mayor Alfam
Nay: None.
The motion carried and the meeting adjourned at 6:25 p.m.
G W. mith, City Clerk
i