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2004 05 13 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 13, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 13, 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 Scott Sheley Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Patti Merrell Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney Assistant City Clerk The meeting was opened with a quorum present and 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 April 22, 2004. Council Member Renteria moved approval of the minutes of the work session and regular meeting held on April 22, 2004. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Member Sheley abstained. The motion carried. Consider approval of the minutes for the work session held on April 27, 2004. Council Member Renteria moved approval of the minutes of the work session held on April 27, 2004. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Renteria, and Sheley. Nays: None. Council Members Anderson, Murray, and Mayor Alfaro abstained. The motion carried. Page 2 of 14 Minutes of the Regular Session — May 13, 2004 Consider approval of the minutes for the work session held on May 4, 2004. Council Member Renteria moved approval of the minutes of the work session held on May 4, 2004. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Godwin, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Members Anderson and Sheley abstained. The motion carried. Consider approval of the minutes for the work sessions held on May 6, 2004. Council Member Murray moved approval of the minutes of the work session held on May 6, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, Murray, and Renteria. Mayor Alfaro. Nays: None. Council Members Godwin and Sheley abstained. The motion carried. Receive a report from Coats, Rose, Yale, Ryman & Lee, P.C., concerning the construction completion of the Baytown Court and Jail Facility. Val Perkins of Coats, Rose, Yale, Ryman & Lee, P.C. informed Council that the repairs to the facility have concluded, the roof on the Municipal Court Building is performing to the satisfaction of the City's consultant and the City, and the mold remediation is complete. He said that outstanding financial issues should be resolved soon. In response to inquires, Mr. Perkins noted that all funding for these costs, including legal fees, have and will continue to come from the contract retainage on the project. Mr. Perkins added that while there always exists the possibility that the contractor could file suit, he does not consider that a major concern. Consider Proposed Ordinance No. 040513 -1, establishing a public hearing date to consider the land use assumptions and capital improvements plan for the City of Baytown and its extraterritorial jurisdiction. Proposed Ordinance No. 040513 -1 establishes a public hearing date to consider the land use assumptions and capital improvements plan for the City of Baytown and its extraterritorial jurisdiction. This is one of the first steps in the process necessary to impose an impact fee pursuant to Chapter 395 of the Texas Local Government Code. This proposed ordinance sets the public hearing for 6:35 p.m., on June 24, 2004, in the Council Chamber of City Hall. Page 3 of 14 Minutes of the Regular Session — May 13, 2004 On or before the date of the first publication of the notice of the hearing, the City will make available to the public its land use assumptions, the time period of the projections, and a description of the capital improvement facilities that may be proposed. The notice will be published and mailed, if required, in accordance with law. The publication must be thirty days prior to the date set for the public hearing. 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, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF BAYTOWN AND ITS EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040513 -2, approving deduct Change Order No. 3, approving final payment, and accepting the Kings Bend Subdivision Sanitary Sewer Rehabilitation project. Proposed Ordinance No. 040513 -2 approves deduct Change Order No. 3 to adjust final quantities, approves final payment of $35,677.59 to PM Construction & Rehab, L.P. and accepts the Kings Bend Subdivision Sanitary Sewer Rehabilitation project. The original contract was awarded to PM Construction for $632,808.17. Change Order No. 1, approved administratively, added $2,392.15 for the substitution of 1,284 linear feet of pipe bursting with cured in place pipe, increasing the contract amount to $635,200.32. Change Order No. 2 was also approved administratively, adding an additional $4,817.50 for delays the contractor incurred while boring under Massey Tompkins Road and for additional cleaning and televising work associated with the project. The amended contract amount is $640,017.82. The original contract duration was 90 calendar days and Change Order Nos. 1 and 2 added 60 days for an adjusted total of 150 calendar days. Change Order No. 3 is a balancing change order and reduces the final contract amount by $17,998.56 to $622,019.26, which represents a 2.81% cost savings. The cost savings was largely due to an adjustment of final quantities on various bid items. The contractor finished the project in the allotted time and their workmanship was satisfactory. Council Member Renteria 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. Page 4 of 14 Minutes of the Regular Session — May 13, 2004 ORDINANCE NO. 9795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 3 WITH P.M. CONSTRUCTION & REHAB, L.P., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE KINGS BEND SUBDIVISION SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -FIVE THOUSAND SIX HUNDRED SEVENTY -SEVEN AND 59/100 DOLLARS ($35,677.59) TO P.M. CONSTRUCTION & REHAB, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040513 -3, changing the 2003 -2004 fiscal year budget to reprogram funding in the Capital Improvement Program Fund (CIPF) from the 2001 Bond supplemental funding to the Emergency Operating Center construction project. Proposed Ordinance No. 040513 -3, changes the 2003 -2004 fiscal year budget to reprogram funding in the Capital Improvement Program Fund (CIPF) from the 2001 Bond supplemental funding to the Emergency Operating Center (EOC) construction project. The 2003 -2004 adopted budget includes supplemental funding for 2001 Bond Program projects. This amount was included to provide additional funding, if necessary, for bond projects during this fiscal year. The only expenditures from this fund thus far have been on the Community Center project and there is no anticipation of additional funding requests for other projects before September 30. The EOC construction project is funded by two 100% HUD grants totaling $1,446,810. With the recent cost increases in building materials, especially steel, the construction bids exceeded available funds by approximately $40,000. Since any attempt to reduce project scope in a redesign may be offset by additional material increases, it is requested that $100,000 in CIPF funding be reallocated to this project. This amount will provide a 5% ($60,000) contingency, if necessary. Council Member Renteria 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 NO. 9796 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2003 -2004 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE CAPITAL IMPROVEMENT PROGRAM FUND FROM THE 2001 BOND SUPPLEMENTAL FUNDING TO THE EMERGENCY OPERATING CENTER CONSTRUCTION PROJECT; MAKING OTHER ' REPRESENTATIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 14 Minutes of the Regular Session — May 13, 2004 Consider Proposed Ordinance No. 0405134, awarding a construction contract for the Emergency Operations Center and Police Academy Project. Proposed Ordinance No. 040513 -4 awards a construction contract to Frost Constructors, Inc. in the amount of $2,711,266.35 for the Emergency Operation Center (EOC) and Police Academy Project. The total cost for the construction of the EOC is $1,273,380.38 while the Police Academy will be $1,437,885.97. The final cost estimate prepared by the consultant for the Police Academy was $1,573,831.20 and the Emergency Operation Center was $1,162,400. The scope of work includes the construction of the Police Academy and EOC including all civil site work, infrastructure, paving operations, and landscaping. The construction duration for this project is 300 calendar days and funding will be provided through two HUD Federal Grants, 2003 -2004 CIPF and the CCPD construction and interest earnings funds. After Council expressed concern regarding oversight of the projects, Assistant City Manager Bob Leiper informed Council that de Oplossing, Inc. had been retained for construction management services for both projects. The same company has assisted with the resolution of the problems with the Court and Jail Facility and is currently the oversight manager for the Community Center Renovation Project. City Manager Jackson added that all reference checks had been made and the company is highly qualified for the job. Mayor Alfaro thanked Bob Merchant for his continued hard work and support of the projects. 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, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9797 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 FROST CONSTRUCTORS, INC., FOR THE EMERGENCY OPERATION CENTER (EOC) AND POLICE ACADEMY PROJECT; AUTHORIZING PAYMENT OF THE SUM OF TWO MILLION SEVEN HUNDRED ELEVEN THOUSAND TWO HUNDRED SIXTY -SIX AND 35/100 DOLLARS ($2,711,266.35); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 14 Minutes of the Regular Session — May 13, 2004 Consider Proposed Ordinance No. 040513- 5, awarding a construction contract for the 2001 Street Bond Project Phase II. Proposed Ordinance No. 040513 -5 awards a construction contract to D &W Contractors, Inc. in the amount of $2,516,061.55 for the 2001 Street Bond Project — Phase H. The estimated construction cost estimate was $3,100,000. The following streets are included as part of this package: 1. South Pruett — Texas Avenue to West Main 2. North Burnett — South Burnett to Rollingwood The scope of work includes street reconstruction to include replacement of the existing pavement with reinforced concrete streets. There will also be some reconstruction and replacement of the affected sanitary sewer lines, water lines, and storm sewers. The construction duration for this project is 300 calendar days. The project will be funded by the 2003 General Obligation Bonds. Council Member Mundinger moved adoption of the proposed ordinance. Council Member Sheley 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. 9798 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 D &W CONTRACTORS, INC., FOR THE 2001 STREET BOND PROJECT — PHASE 11; AUTHORIZING PAYMENT OF THE SUM OF TWO MILLION FIVE HUNDRED SIXTEEN THOUSAND SIXTY -ONE AND 551100 DOLLARS ($2,516,061.55); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040513 -6, authorizing final payment and accepting the Bayland Maintenance Dredging Project. Proposed Ordinance No. 040513 -6 authorizes final payment in the amount of $81,523.45 to Paula Construction, Inc. and accepts the Bayland Maintenance Dredging Project. The awarded contract amount was $124,234.50. There was one (1) change order, approved administratively, for $6,982.50 for additional dredging around the fuel dock area and the addition of three (3) channel markers, for a 6% increase. The final contract price was $131,217. The contractor hydraulically dredged approximately 11,750 cubic yards of sandy silt and placed it in two upland non - wetland levee sites on Bayland Island and Bayland Park. The contractor also complied with the discharge guidelines issued by the Corps of Engineers permit and with the Storm Water Pollution Prevention plan. Construction began in late February and was completed three months ahead of schedule. Council Member Renteria left the meeting at 6:57 p.m. Page 7 of 14 Minutes of the Regular Session — May 13, 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 Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9799 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAYLAND MAINTENANCE DREDGING PROJECT AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY -ONE THOUSAND FIVE HUNDRED TWENTY -THREE AND 45/100 DOLLARS ($81,523.45) TO PAULA CONSTRUCTION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Renteria returned to the meeting at 6:59 p.m. Consider Proposed Ordinance No. 040513 -7, approving Change Order No. 2, approving final payment and accepting the Garth Road Synchronization Project. Proposed Ordinance No. 040513 -7 approves Change Order No. 2 to adjust final quantities, approves final payment of $42,027.84 to Statewide Traffic Signal Company and accepts the Garth Road Synchronization Project. The original contract was awarded to Statewide Traffic Signal Company for $350,365.40. Change Order No. 1, approved administratively, added S4,432 for the installation of additional fiber cable in an existing conduit and re- routing of the 144 -strand fiber from the controllers at Garth Road and Park Street. Change Order No. 1 increased the contract amount to $354,797.40. The original contract duration was 120 calendar days and Change Order No. 1 along with an extension of time made by an agreement added 58 calendar days for an adjusted total of 178 calendar days. Change Order No. 2 is a balancing change order and increases the final contract amount by $2,193 to $356,990.40, which represents a 1.89% overall increase from the original contract amount. The increase was largely due to an adjustment of final quantities on various bid items as well as additional work requested by the City's ITS Department. The contractor finished the project in the amended allotted time and their 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, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 8 of 14 Minutes of the Regular Session — May 13, 2004 ORDINANCE NO. 9800 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH STATEWIDE TRAFFIC SIGNAL COMPANY, TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE GARTH ROAD SYNCHRONIZATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY - TWO THOUSAND TWENTY -SEVEN AND 841100 DOLLARS ($42,027.84) TO STATEWIDE TRAFFIC SIGNAL COMPANY, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040513 -8, approving Change Order No. 3 to the Baytown Community Center Renovations Project. Proposed Ordinance No. 050413 -8 approves Change Order No. 3 to the Baytown Community Center Renovation Project with the Spigener Corporation. This change order will not change the contract amount. The original contract amount with Spigener was $1,472,935. Change Order No. 1, (summary of change order) in the amount of $24,886.56 was approved administratively and increased the contract amount to $1,497,821.56. Change Order No. 2, (summary of change order) in the amount of $27,005.54, increased the contract amount to $1,524,827.10 and was approved by the City Council on March 25, 2004 (Ordinance No. 9750). Change Order 3 will be for various minor items such as changing the ceiling in the East Lobby and revisions to the lighting switching in the auditorium. The cost associated with the revisions will be covered by a credit to the unused structural allowance. Therefore, Change Order No. 3 will not increase the amount of the contract. Council Member Renteria 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 NO. 9801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH THE SPIGENER CORPORATION FOR THE BAYTOWN COMMUNITY CENTER RENOVATIONS PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 9of14 Minutes of the Regular Session — May 13, 2004 Consider Proposed Ordinance No. 040513 -9, approving Change Order No. 4 to the Baytown Community Center Renovations Project. Proposed Ordinance No. 040513 -9 approves Change Order No. 4 to the Baytown Community Center Renovation Project with the Spigener Corporation. This change order will increase the contract amount by $30,763.65. The original contract amount with Spigener was $1,472,935. Change Order No. 1, (same as above) in the amount of $24,886.56 was approved administratively and increased the contract amount to $1,497,821.56. Change Order No. 2, (same as above) in the amount of $27,005.54, increased the contract amount to $1,524,827.10 and was approved by City Council on March 25, 2004 (Ordinance No. 9750). Change Order 3, which was for various minor items, did not increase the contract amount since the cost associated with the revisions was covered by a credit to the unused structural allowance. Change Order No. 4 is for painting and texturing throughout the building to provide an improved, uniform appearance to the building at the opportune time while it is vacant. The contract amount will be increased by $30,763.65 from $1,524,827.10 to $1,555,590.75. Funding for this change order is available in the CIPF. Council Member Murray 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. 9802 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 4 WITH THE SPIGENER CORPORATION FOR THE BAYTOWN COMMUNITY CENTER RENOVATIONS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY THOUSAND SEVEN HUNDRED SIXTY - THREE AND 65/100 DOLLARS ($30,763.65); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040513 -10, authorizing a letter agreement with The Bay Area Heritage Society of Baytown, Texas, for the performance of historical restoration and preservation services at the Brown -McKay House located at the Republic of Texas Plaza for tourists and the community. Proposed Ordinance No. 040513 -10 authorizes a letter agreement with The Bay Area Heritage Society of Baytown, Texas (the "Society"), for the performance of historical restoration and preservation services at the Brown -McKay House located at the Republic of Texas Plaza for tourists and the community. The Society has requested assistance to complete the restoration of the 1910 Brown - McKay House, which provides a learning opportunity for children, young and old, to develop an understanding of the vast differences between life today and life in the early 1900's and to experience a turn -of -the- century community before the advent of the oil industry. Restoration efforts to date have focused on the exterior of the building and the first floor of the home. Page 10 of 14 Minutes of the Regular Session — May 13, 2004 The Society is now eager to restore the second floor of the building, which will include refinishing the hardwood floors, purchasing of area rugs, repairing the walls and ceilings, and installing lighting for the stairway. In exchange for the Society's performing these historical restoration and preservation services, the City will pay a one -time fee not to exceed $5,000 upon completion of the services. City Manager Jackson noted that funding for this agreement will come from the Hotel/Motel Tax Fund. Council Member Godwin moved adoption of the proposed ordinance. Council Member Sheley 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. 9803 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE BAY AREA HERITAGE SOCIETY OF BAYTOWN, TEXAS, FOR THE PERFORMANCE OF HISTORICAL RESTORATION AND PRESERVATION SERVICES AT THE BROWN -MCKAY HOUSE LOCATED AT THE REPUBLIC OF TEXAS PLAZA FOR TOURISTS AND THE COMMUNITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040513 -1, adopting procedural rules for the Planning and Zoning Commission when serving in its capacity as the Capital Improvements Advisory Committee. Proposed Resolution No. 040513 -1 adopts procedural rules for the Planning and Zoning Commission when serving in its capacity as the Capital Improvements Advisory Committee. The City Council is required to adopt procedural rules for the advisory committee to follow in carrying out its duties. The proposed rules are similar to those previously adopted by the Planning and Zoning Commission. Council Member Renteria moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 11 of 14 Minutes of the Regular Session — May 13, 2004 RESOLUTION NO. 1648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING PROCEDURAL RULES FOR THE PLANNING AND ZONING COMMISSION WHEN SERVING IN ITS CAPACITY AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040513 -2, approving the Preliminary Official Statement for Sale of City of Baytown's General Obligation Bonds, Series 2004 and Certificates of Obligation, Series 2004A. Proposed Resolution No. 040513 -2 approves the Preliminary Official Statement for Sale of City of Baytown's General Obligation Bonds, Series 2004 and Certificates of Obligation, Series 2004A. Official action of Council is necessary to schedule the bond sale subject to additional changes. This is standard practice to proceed without the necessity of further Council action prior to the sale date. Before the sale, Council will take official action to approve and ratify actions necessary to affect the sale. City Manager Jackson recognized Donna Sams, Director of Finance, and Drew Masterson, the City's financial advisor for their work on this item. Mr. Masterson informed Council that this is the standard procedure for the competitive sale of the bonds, which will take place during the first Council meeting in June 2004. He said this is both a disclosure document and a sales tool for the potential underwriters of the bonds. Mr. Masterson noted that currently, the interest rate is 4.9 %, which is excellent. Council Member Anderson 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. 1649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR SALE OF GENERAL OBLIGATION BONDS, SERIES 2004 AND CERTIFICATES OF OBLIGATION, SERIES 2004A; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 14 Minutes of the Regular Session — May 13, 2004 Consider Resolution No. 040513 -3, authorizing the City Manager to negotiate an agreement with the Chambers County -Cedar Bayou Navigation District concerning the property between Highway 146 and Cedar Bayou formerly operated as a municipal landfill in order to achieve the goals of (i) deepening and widening the navigation channel to enhance its navigability and improve the safety of barge traffic now using the bayou and (ii) making certain remediation measures involving the stabilization of a portion of the Property fronting on Cedar Bayou. Proposed Resolution No. 040513 -3 authorizes the City Manager to negotiate an agreement with the Chambers County-Cedar Bayou Navigation District concerning the property between Highway 146 and Cedar Bayou formerly operated as a municipal landfill in order to achieve the goals of (i) deepening and widening the navigation channel to enhance its navigability and improve the safety of barge traffic now using the bayou and (ii) making certain remediation measures involving the stabilization of a portion of the Property fronting on Cedar Bayou. Because of the condition of certain City-owned property, which was previously used as a municipal landfill (the "Property"), the City is planning certain remediation measures involving the stabilization of the Property fronting on Cedar Bayou. Similarly, the Chambers County-Cedar Bayou Navigation District (the "District ") is planning a project to deepen and widen the navigation channel to enhance its navigability and improve the safety of barge traffic now using the bayou (the "Project "). The District's Project includes bend easing to be accomplished in certain portions of the bayou as required by the U.S. Army Corps of Engineers. As such, the District's Project presents an opportunity for the District and the City to cooperate in achieving the goals of each with respect to bend easing on and stabilization of the Property. This proposed resolution authorizes the City Manager to negotiate an interlocal agreement, subject to the City Council's approval, to provide, in part, as follows: (a) the taking by the District of a portion of the Property for bend easing purposes; (b) the assumption by the City of a portion of the cost to stabilize the Property in a manner consistent with the requirements of the U.S. Army Corps of Engineers and the recommendations of City engineering department and consultants to eliminate exposed landfill products on the Property; and (c) the disposition by the District of the soil taken to achieve the foregoing objectives. Council Member Sheley moved adoption of the proposed resolution. 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. RESOLUTION NO. 1650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE CHAMBERS COUNTY -CEDAR BAYOU NAVIGATION DISTRICT CONCERNING THE PROPERTY BETWEEN HIGHWAY 146 AND CEDAR BAYOU FORMERLY OPERATED AS A MUNICIPAL LANDFILL IN ORDER TO ACHIEVE THE GOALS OF (1) DEEPENING AND WIDENING THE NAVIGATION CHANNEL TO ENHANCE ITS NAVIGABILITY AND IMPROVE THE SAFETY OF BARGE TRAFFIC NOW USING THE BAYOU AND (Il) MAKING CERTAIN REMEDIATION MEASURES INVOLVING THE STABILIZATION OF THE PROPERTY FRONTING ON CEDAR BAYOU; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 14 Minutes of the Regular Session — May 13, 2004 Receive and discuss report from the Council ad hoc full -time judge committee and take appropriate action. Council Member Murray moved to receive the report from the Council ad hoc full -time judge committee and approve the recommendation not to insert a placeholder in the 2004 -2005 budget for salary/benefits for a full -time judge. It was also suggested that Judge Anthony Polumbo, Justice of the Peace for Harris County, Precinct No. 3, be contacted to coordinate activity on the juvenile cases. 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. City Manager's Report. City Manager Jackson informed Council that the Baytown Explorer Post 1255 attended the Fifth Annual Katy Independent School District Explorer Competition on May 1, 2004. The Baytown Police Explorers won the following 10 trophies at the competition: I" Place 2nd Place Yd Place Accident Investigation Bus Assault Building Search Accident Investigation Drug Raid (Arrest, Search & Seizure) Active Shooter Crime Scene Suspicious PersonNehicle Bus Assault Felony Traffic Stop The following were commended for giving their time to instruct the Explorers in preparation for the competition: Officer Robert B. Parker, Explorer Post Advisor, Detectives Russell White, Shawn Latta, Eric Freed and Officer Chad Summersill. Mr. Jackson extended congratulations to the 17 citizens who graduated from the 12`h Baytown Police Academy, a 10 -week program requiring 3 hours of participation per week. Mr. Jackson announced that a Special Council Meeting to canvass the May 15 general and special elections would be held on May 24`h at 8:00 a.m. He reminded Council of the unique statute that allows two Council members to constitute a quorum for the canvass of an election. Mr. Jackson said that Council would soon be receiving an invitation to the commemoration of the Goat Island Project, to be held on Tuesday, May 18, 2004 at 10:00 a.m. at the Nature Center. In the event of inclement weather, the event will be held at the Wetlands Center. Page 14 of 14 Minutes of the Regular Session — May 13, 2004 Outgoing Council Member Godwin made the following statement for the record: op� "It is hard to believe that it has been six years that I sat on this Council for the first time. I consider it an honor that voters gave me this privilege. There is one person in particular that I will thank among the hundreds that elected me: Bobby Sutton and his wife Dorothy. When I felt that I could not put up one more sign, he would say there are only six more. Let's get those out. Did I make mistakes? You bet. But I hope I profited by them. My reward: when that little elderly lady called and thanked me for getting her sewer unstopped. When Mrs. Moore thanks me for getting the potholes repaired in her street. 1 am proud of the staff that helped me so much. And we do have a great staff. Under them, we will grow and prosper in the years to come." Mayor Alfaro noted that in addition to the special meeting on May 24, the new Mayor and Council Members would be sworn in at the next regular Council meeting on May 27, 2004. The Mayor made the following statement for the record: "Number one, I want to thank God and the people of Baytown for allowing me to serve on the Council for 15 years, 1 I of them as Mayor. This Council has been like a second family to me, and like family members, some of us don't always get along too well. However, I strongly believe that we have accomplished a lot working together. We didn't accomplish everything we wanted, but we accomplished a heck of a lot, with input from the community and the assistance of a great administration staff. Some thoughts I'd like to leave with you: continue to focus on the entire community. Representing a single - member district sometimes makes this focus difficult. Continue to represent all the people and not any special interest. Continue to follow the City Charter in dealing with City employees. Finally, I want to wish each of you the very best and may God bless all your efforts in improving this community and vote `Yes' on the street maintenance sales tax. Thank you very much." Adjourn. Council Member Mundinger moved that the meeting adjourn. 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. There being no further business, the meeting adjourned at 7:33 p.m. Patti Merrell Assistant City Clerk