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2004 04 22 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 22, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on April 22, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith The following Council Member was absent: 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 and Council Member Godwin led the pledge of allegiance. Mayor Alfaro recognized the high school students present after which the following business was conducted: Consider approval of minutes of the special meeting held on April 8, 2004. Council Member Renteria moved approval of the minutes of the special meeting held on April 8, 2004. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Consider Proposed Ordinance No. 040422 -1, approving the list of streets for Year Three of the Street Bond Program and authorizing a professional services agreement for the preliminary engineering report on those streets. Proposed Ordinance No. 040422 -1 approves the list of streets for Year Three of the Street Bond Program and authorizes a professional services agreement for the preliminary engineering report on those streets in an amount not to exceed $102,191 for engineering services to PATE Engineers, Inc. This includes compensation for both b asic and additional services. T he preliminary design services will not exceed $65,400 and the geotechnical investigation will not exceed $34,791. Page 2of13 Minutes of the Regular Session — April 22, 2004 The total compensation includes a reimbursable budget up to $2,000. PATE Engineers, Inc. will complete the PER within 105 calendar days after the issuance of a notice to proceed. The scope of work shall include but not be limited to attending project meetings with both staff and City Council, preparation of the PER, and a geotechnical investigation. The PER will include opinions of probable cost, design criteria, address constructability issues, and recommend methods of proposed improvements. 2003 General Obligation Bonds will fund this project. The following streets are in the PER to be conducted by Pate Engineering for the 2001 Street Bond Project Year III: Council District Street From To Length ft 1 Avenue J HWY 146 Service Road Dead End 736 1 Florida Missouri Durrain Ferry 2,500 2 N. Fourth E. Texas E. Fayle 2,510 2 Newman W. Cleveland Graham 775 2 S. Sixth E. Humble E. Gulf 255 2 W. Hunnicutt N. Ashbel N. Commerce 260 3 Macarthur Brownwood Dead End 450 3 Brownwood Cabaniss Dead End 1,120 3 Queens Ct. Brownwood Dead End 380 4 Craig N. Main Dead End 1,005 4 Bellview N. Main Dead End 1,025 4 Columbia Grantham Inwood 1,170 4 Inwood Garth Riverbend 380 5 Booker Carver Lincoln Cedars 660 5 Chaparral Massey Tompkins Asphalt Transition 748 5 Pecan Manor Kilgore Dead End 1,250 5 N. Twisted Oak HWY 146 Twisted Oak W. 1,632 5 Twisted Oak W. N. Twisted Oak Oak Leaf 769 5 Carver Lincoln Cedars Booker 440 6 Peggy N. Eight HWY 146 350 6 Briarwood Alexander S. Fourth 1,631 6 Danubina E. James Ward 2,710 The cost estimate is $3.7 million. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9780 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 PROFESSIONAL SERVICES AGREEMENT WITH PATE ENGINEERS, INC., FOR THE PREPARATION OF THE PRELIMINARY ENGINEERING REPORT FOR THE STREET BOND PROGRAM, YEAR 3; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND ONE HUNDRED NINETY -ONE AND NO /100 DOLLARS ($102,191.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 13 Minutes of the Regular Session — April 22, 2004 Consider Proposed Ordinance No. 040422 -2, awarding the bid for the 2004 Annual Concrete Contract. Proposed Ordinance No. 40422 -2 awards the bid in the amount of $234,000 to Bill McDonald Construction, Inc. for the 2004 Annual Concrete Contract. The scope of work includes the removal and/or replacement of concrete curbs, sidewalks, street repair, and concrete wheelchair ramps on a work order basis. The total base bid for this project is $234,000 and the minimum amount of each work order will be S5,000. Construction duration for this project is one calendar year and it will be funded by the General Fund Account: Streets, Sidewalks, and Curbs. 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, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9781 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 BILL MCDONALD CONSTRUCTION, INC., FOR THE 2004 ANNUAL CONCRETE CONTRACT; AUTHORIZING PAYMENT OF THE SUM OF TWO HUNDRED THIRTY -FOUR THOUSAND AND NO 1100 DOLLARS ($234,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040422 -3, awarding the bid for the Terrace Hill/Shreck Water Service Relocation project. This item was not ready for consideration. The bids, as advertised, might not provide a mechanism for the statutorily mandated recovery of the cost of lateral replacement. Consider Proposed Ordinance No. 040422 -4, awarding the bid for the East Greenwood Drive Water and Sewer Extension Project at the Cedar Crossing Industrial Park. Proposed Ordinance No. 040422 -4 awards the bid for the East Greenwood Drive Water and Sewer Extension Project at the Cedar Crossing Industrial Park to Dan's Plumbing, Inc., in the amount of $97,650. The scope of work includes the addition of approximately 1,300 linear feet of 12 -inch public water main and 1,075 linear feet of 12 -inch public sanitary sewer main along East Greenwood Drive in the Cedar Crossing Industrial Park. The project is located east of FM 1405 and south of the proposed Grand P arkway i n Chambers County. These lines will terminate at the property line of the Wal -Mart Distribution Center property and will be accessible for additional development along East Greenwood Drive. Copies of prior memos related to this project are included in your packet. The construction duration for this project is 45 calendar days and will be funded by Water and Sewer Bond Interest Earnings. Page 4 of 13 Minutes of the Regular Session — April 22, 2004 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 Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9782 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 DAN'S PLUMBING, INC., FOR THE EAST GREENWOOD DRIVE WATER AND SEWER EXTENSION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF NINETY -SEVEN THOUSAND SIX HUNDRED FIFTY AND NO /100 DOLLARS ($97,650.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040422 -5, approving a professional services contract for environmental engineering services for the creation of a Master Plan for the Baytown Nature Center. Proposed Ordinance No. 040422 -5 approves a professional services contract in the amount of $30,000 with Crouch Environmental Services, Inc. for environmental engineering for the creation of the Baytown Nature Center Master Plan. The A &E Selection Committee recommends Crouch Environmental Services, Inc. for planning and engineering to develop a master plan to enhance existing beneficial park features, provide safer and easier access to the more remote areas of the Center and to highlight areas that need improvement. The Master Plan will also illustrate areas where major site development should occur which will transform poor quality habitat into excellent wildlife habitat, including the transformation of poor quality uplands into both freshwater wetlands and salt marsh habitat. Planning and engineering of the project is expected to take 6 to 8 months. Funding is available through U.S Fish and Wildlife grant. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. Page 5 of 13 Minutes of the Regular Session — April 22, 2004 ORDINANCE NO. 9783 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 PROFESSIONAL SERVICES AGREEMENT WITH CROUCH ENVIRONMENTAL SERVICES, INC., FOR THE CREATION OF A MASTER PLAN FOR THE BAYTOWN NATURE CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040422 -6, approving Change Order No. 1 to adjust final quantities, approving the final p ayment, a nd a ccepting t he S tate H ighway 9 9 U tility R elocation project. Proposed Ordinance No. 040422 -6 approves deduct Change Order No. 1 to adjust final quantities, approves final payment of $14,664.64 to Canyon Construction Company, Inc., and accepts the State Highway 99 Utility Relocation project. The original contract was awarded to Canyon Construction Company, Inc for $177,683. Change Order No. 1 is a balancing change order and reduces the final contract amount by $31,036.64 to $146,646.36, which represents a 17.47% cost savings. The cost savings was largely due to an adjustment of final quantities on various bid items. The original contract duration was 60 calendar days, and 50 days were added for rain delays and down time due to coordination problems with industrial water users in the area. The contractor finished the project in 99 calendar days, under the adjusted contract time of 110 calendar days. The contractor's workmanship was satisfactory. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH CANYON CONSTRUCTION COMPANY, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR STATE HIGHWAY 99 UTILITY RELOCATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOURTEEN THOUSAND SIX HUNDRED SIXTY -FOUR AND 64/100 DOLLARS ($14,664.64) TO CANYON CONSTRUCTION COMPANY, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6of13 Minutes of the Regular Session — April 22, 2004 Consider Proposed Ordinance No. 040422 -7, authorizing an agreement for financial advisory services for the City of Baytown. Proposed Ordinance No. 040422 -7 authorizes an agreement with First Southwest Company (FSC) for financial advisory services for the City of Baytown. FSC advises and assists the City regarding the issuance and sale of debt obligations. They monitor the bond market and make recommendations to the City regarding available financing opportunities. The Finance Committee reviewed the proposed agreement. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9785 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A FINANCIAL ADVISORY AGREEMENT WITH FIRST SOUTHWEST COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040422 -8, authorizing an agreement for bond counsel services for the City of Baytown. Proposed Ordinance No. 040422 -8 authorizes an agreement with Vinson & Elkins L.L.P. (V &E) for bond counsel services for the City of Baytown. V &E assists the City with all legal matters pertaining to issuance and sale of debt obligations. V &E also provides legal opinions regarding potential new debt - funded projects. The Finance Committee reviewed the proposed agreement. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9786 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE TO EXECUTE AN ENGAGEMENT LETTER FOR VINSON & ELKINS, L.L.P., TO SERVE AS BOND COUNSEL TO THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7of13 Minutes of the Regular Session — April 22, 2004 Prior to the consideration of Proposed Ordinance No. 040422 -9, Gary W. Smith, City Clerk, announced that four members of City Council, Mayor Alfaro and Council Members Anderson, Godwin, and Murray filed conflict of interest affidavits relating to ExxonMobil relating to this item and Proposed Resolution 040422 -2 on the Consent Agenda. In as much as a majority of Council has a conflict, all may participate and vote on the items. Consider Proposed Ordinance No. 040422 -9, authorizing the sale of approximately 60.697 acres in the William Scott Upper League, A -66, in Baytown, Harris County, Texas, which was previously foreclosed on by the City of Baytown, to Exxon Mobil Corporation pursuant to Section 34.05(h) of the Texas Property Tax Code. Proposed Ordinance No. 040422 -9 authorizes the sale of approximately 60.697 acres in the William Scott Upper League, A -66, in Baytown, Harris County, Texas (the "Property ") to ExxonMobil Corporation pursuant to Section 34.05(h) of the Texas Property Tax Code. The property was previously foreclosed on by the City of Baytown. Ad valorem taxes on the Property were the subject of Cause No. 1999 -06855 in the 61 st Judicial District Court of Harris County, Texas. A judgment and decree of sale were rendered in such lawsuit on May 6, 1999, in favor of the City of Baytown, Goose Creek Consolidated Independent School District and Lee College District, and Hams County. As a result of an execution and order of sale issued on the judgment and decree of sale, the Property was struck off on the August 3, 1999, to the City of Baytown for the use and benefit of itself, the Goose Creek Consolidated Independent School District and Lee College District, and Harris County. The City of Baytown has received from ExxonMobil Corporation a proposal to purchase the Property at a private sale for an amount equal to the total amount of the judgment against the property. The Texas Property Tax Code allows a taxing unit to sell property, which was previously struck off to it, at a private sale without the consent of the other taxing entities if the property is sold for the total amount of the judgment against the property. The proposed ordinance authorizes the Mayor to execute a deed without warranty to consummate the sale of the Property. 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 Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING ALL PREVIOUS ACTIONS TAKEN BY THE CITY OF BAYTOWN CONCERNING THE FORECLOSURE OF THE CITY'S TAX LIEN ON APPROXIMATELY 60.697 ACRES IN THE WILLIAM SCOTT UPPER LEAGUE, A -66, IN BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING THE SALE OF SUCH PROPERTY PREVIOUSLY FORECLOSED ON BY THE CITY OF BAYTOWN DUE TO DELINQUENT AD VALOREM TAXES; AUTHORIZING THE MAYOR TO EXECUTE A DEED WITHOUT WARRANTY CONVEYING SUCH PROPERTY TO EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8of13 Minutes of the Regular Session — April 22, 2004 Consider Proposed Ordinance No. 040422 -10, authorizing the City Manger to expend funds from the Capital Improvement Program Fund and the Debt Service Fund to reduce future debt service expenses by retiring/refunding a portion of the outstanding General Obligation debt. Mr. Jackson commended Donna Sams, Finance Director, her staff, and First Southwest for looking for opportunities to save taxpayers' money. Funds in the Capital Improvement Program Fund and the Debt Service Fund can be used to pay off and refund a portion of the outstanding debt and to flatten the debt structure and reduce the debt service. This will avoid a tax increase based on the issuance of debt. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXPEND RESERVES IN THE AMOUNT OF TWO MILLION TWO HUNDRED FORTY THOUSAND AND NO /100 DOLLARS ($2,240,000.00) FROM THE CAPITAL IMPROVEMENT PROGRAM FUND AND TWO MILLION AND NO /100 DOLLARS ($2,000,000.00) FROM DEBT SERVICE FUND TO REDUCE FUTURE DEBT SERVICE EXPENSES BY RETIRING/REFUNDING A PORTION OF THE OUTSTANDING DEBT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040422 -11, rejecting all bids for the Park Street Drainage Project. This item will reject all bids for the Park Street Drainage Project. The bids will be rejected on the basis that bids are too high and a lack of funds for the project. This project began as "simple" erosion control but grew significantly during design. The need for this project is not pressing and maintenance activities can control the erosion until steel prices stabilize and additional funding can be secured. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9789 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS FOR THE PARK STREET DRAINAGE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9 of 13 Minutes of the Regular Session — April 22, 2004 Consider Proposed Ordinance No. 040422 -12, postponing the sale of the Certificates of Obligation, Series 2004. The City has been working with the City's Financial Advisors to reduce General Obligation debt service between 2004 and 2011. Additional time was needed to complete this analysis and obtain feedback from City Council. Council Member Murray moved reconsideration of the resolution authorizing notice of the sale of Certificates of Obligation. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. The motion carried. 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 Renteria. Mayor Alfaro. Nays: None. The motion carved. ORDINANCE NO. 9790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AND RESTATING ORDINANCE NO. 9773, PASSED ON THE 8TH DAY OF APRIL, 2004, WHICH AUTHORIZED THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2004, TO POSTPONE THE PUBLICATION OF THE NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2004; AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2004; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider possible action regarding the proposed rate schedules filed by CenterPoint Energy Entex on March 20, 2004. The options are to: (a) take no action, in which the rates would take effect on May 3, 2004, or (b) adopt Proposed Resolution No. 040422 -1, that would suspend the operation of proposed r ate s chedules filed by CenterPoint Energy Entex for a period up to ninety (90) days beyond the date on which such schedules would otherwise go into effect. Entex has filed for a $0.57 per month per customer increase on the minimum bill on March 29, 2004. The cost of service adjustment will go into effect thirty -five (35) days (May 3, 2004) after fling if the City does not take any action. The components of the proposed increase consist of employee retirement and healthcare benefits ($0.27); uncollectable accounts ($0.34); and other operating expense decrease ($0.04) for a total of $0.57. Page 10 of 13 Minutes of the Regular Session — April 22, 2004 City Manager Jackson advised Council that staff believes the increase to be reasonable. No action was taken on this item. Consent Agenda a. Proposed Ordinance No. 040422 -13 authorizes an amendment to Interlocal Agreement with the City of Houston for the Harris County Organized Crime and Narcotics Task Force Grant in the amount of $37,500.00. The amendment to the Interlocal Agreement covers expenses and equipment to perform crime lab services for HCOC. b. Proposed Ordinance No. 040422 -14 amends Chapter 38 "Fire Prevention and Protection," Article III "Fire Prevention Standards," Section 38 -61 "Code adopted," Subsection (a) to adopt t he 2 003 E dition o f t he I nternational F ire C ode. T his c ode s ets i n place specific standards to safeguard the public from the hazards of fire and explosion arising from the storage, handling and use of certain materials and address matters related to the installation and maintenance of fire suppression systems. On April 8, 2004 Council adopted the International Building, Residential, Fuel Gas, Mechanical, Plumbing, Energy Conservation, Property Maintenance and Existing Building Code. The updated International Fire Codes were discussed with Council on March 25, 2004 and were intended for adoption on April 8, 2004. The ordinance language to include the Fire Code in the list for adoption was inadvertently left out. This action will complete the adoption of the full set of 2003 International Codes. C. Proposed 0 rdinance N o. 0 40422 -15 a uthorizes a n I ndustrial D istrict A greement with El Dorado Nitrogen, L.P., for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2004, as its prior agreement with the city expired on January 14, 2004. Because the 2003 values, which are the values most recently certified and/or approved as of the date of the agreement, are less than the 2002 values, the 2002 values shall serve as the base under the agreement. The agreement is in conformity with the policies adopted by the City Council for companies, which had an industrial district agreement in effect on July 26, 2003, in the City's industrial districts. d. Proposed Resolution No. 040422 -2 accepts a $30,000 contribution from ExxonMobil supporting the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology P rogram. T he p rogram c overs t he a nnual c ost t o f and t he 5`1' Grader Program including personnel costs and educational supplies. The fund also is used to update and upgrade the exhibits in the Bob Craig Exhibit Hall's "Wetlands Ecology Trail." e. In accordance with the Public Funds Investment Act Section 2256 -023 (a) and (b), the Investment Report for the period ending March 31, 2004 is submitted for review. The six - month financial information for the period ending March 31, 2004 is submitted for review. Council Members Mundinger and Renteria left the meeting at 7:29 p.m. Council Member Anderson moved adoption of the consent agenda, items a through e. Council Member Murray seconded the motion. The vote follows: Page 11 of 13 Minutes of the Regular Session — April 22, 2004 Ayes: Council Members Anderson, Godwin, and Murray. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9791 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 AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF HOUSTON FOR THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9792 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "FIRE PREVENTION STANDARDS," SECTION 38 -61 "CODE ADOPTED," SUBSECTION (A) TO ADOPT THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 9793 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EL DORADO NITROGEN, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A THIRTY THOUSAND AND NO 1100 DOLLARS ($30,000.00) CONTRIBUTION FROM EXXON MOBIL CORPORATION SUPPORTING THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER'S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Receive and discuss report from the ad hoc committee for a full -time judge and provide direction to staff. Mayor Alfaro reviewed with Council the report of the ad hoc Committee. The Committee recommends that the Human Resources Department conduct a survey of cities of similar size on this subject, include a placeholder in the 2004 -2005 budget showing the increase over a normal year, and that Council should discuss other duties appropriate for a full -time judge and ways to increase the caseload in Municipal Court. Council Member Murray moved acceptance of the report from the ad hoc committee for a full -time judge. Council Member Anderson seconded the motion. The vote follows: Page 12 of 13 Minutes of the Regular Session — April 22, 2004 Ayes: Council Members Anderson, Godwin, and Murray. Mayor Alfaro. Nays: None. The motion carried. Discuss the status of appointment and contracts with the Municipal Court judges and take appropriate action related to the appointment and contract for the Interim Presiding Municipal Court Judge. No action was necessary on this item, as all three judges had signed contracts. Consider appointment of an Interim Presiding Municipal Court Judge. No action was necessary on this item. City Manager's Report. City Manager Jackson informed Council that the Baytown Area Water Authority had been invited to apply for funding consideration from the Texas Water Development Board. Mr. Jackson reminded Council of the following upcoming meetings: April 23 and 24 - Downtown Redevelopment— Public meeting 10:00 a.m. Phyllis Davis Room, Lee College. April 24 - Rebuilding Together — Several members of staff are volunteering to work on the home of a less fortunate person. Staff was commended for their participation. April 27 - Candidate forum -7:00 p.m. Council Chamber. May 1 — Trash -off. May 4 - Socio- Economic Data Presentation — Tucker Hall, Lee College, 4:30 p.m. May 6 - Economic Development Strategic Plan — 1:00 p.m. Chamber Office. May 8 - City Picnic 11:00 a.m. to 2:00 p.m. Conduct the appeal of the decision of the Urban Rehabilitation Standards Review Board to demolish the garage apartment at 1215 Barrymore Blvd. This item was postponed until the regular Council meeting on May 27, 2004. Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation Standards Review Board to demolish the garage apartment at 1215 Barrymore Blvd. This item was postponed until the regular Council meeting on May 27, 2004. Page 13 of 13 Minutes of the Regular Session — April 22, 2004 r Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, and Murray. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:37 p.m. G6y W. (Smith City Clerk Opk