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