2004 06 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 10, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on June 10, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Sammy Mahan Don Murray Calvin Mundinger Gary M. Jackson Bob Leiper Gary W. Smith Absent was: Scott Sheley Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Clerk Council Member The meeting was opened with a quorum present and Council Member Anderson led the pledge of allegiance and offered the invocation after which the following business was conducted: Council Member Mercedes Renteria III arrived at 6:31 p.m. Consider approval of minutes of the regular meeting held on May 27, 2004. Council Member Murray moved approval of the minutes of the regular meeting held on May 27, 2004. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Consider approval of the minutes for the work session held on June 1, 2004. Council Member Murray moved approval of the minutes of the work session held on June 1, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. Council Member Anderson abstained. The motion carried. Page 2 of 15 Minutes of the Regular Session — June 10, 2004 Consider approval of the minutes for the work session held on June 7, 2004. Council Member Anderson moved approval of the minutes of the work session held on June 7, 2004. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, and Murray. Mayor Mundinger. Nays: None. Council Member Renteria abstained. The motion carried. Consider Proposed Ordinance No. 040610 -1, approving final payment to CST Environmental, Inc. and accepting the Asbestos Abatement Contract for the Baytown Community Center. Proposed Ordinance No. 040610 -1 approves final payment in the amount of $6,485.08 to CST Environmental, Inc. and accepts the Asbestos Abatement Project for the Baytown Community Center. The original contract was awarded to CST Environmental, Inc. for $114,600. Change Order No. 1, approved administratively, added $1,101.60 for additional asbestos abatement on floor tiles. Change Order No. 2, also approved administratively, was for abatement on piping located above the plaster ceilings. Change Order No. 2 added an additional $14,000 to the contract, increasing the final contract amount to $129,701.60. All of the work has been completed and final payment of $6,485.08 is for the release of the retainage in the contract. The original contract duration was 60 calendar days and Change Order No. 1 added two days for an adjusted total of 62 calendar days. The final contract amount is an 11.64% increase over the original contract amount. The increase was largely due to an adjustment of final quantities on various bid items. The contractor finished the project in the allotted time and the workmanship was satisfactory. Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9809 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE ASBESTOS ABATEMENT CONTRACT FOR THE BAYTOWN COMMUNITY rm CENTER AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIX THOUSAND FOUR HUNDRED EIGHTY -FIVE AND 08/100 DOLLARS ($6,485.08) TO CST ENVIRONMENTAL, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 3 of 15 Minutes of the Regular Session — June 10, 2004 Consider Proposed Ordinance No. 040610 -2, awarding a professional services contract for quality assurance testing to Terracon Consultants, Inc. for the 2001 -2002 Street Bond Project — Phase II. Proposed Ordinance No. 040610 -2 awards a contract in an amount not to exceed $53,210 to Terracon Consultants, Inc. to provide professional services for the 2001 -2002 Street Bond Project - Phase H. The scope of work includes quality assurance testing in accordance with the construction contract documents and the proposal for testing services for the 2001 -2002 Street Bond Project - Phase H. 2003 General Obligation Bonds will fund this contract. Council Member Renteria moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9810 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 TERRACON CONSULTANTS, INC., TO PERFORM ENGINEERING AND MATERIAL TESTING SERVICES ASSOCIATED WITH THE 2001 STREET BOND IMPROVEMENT PROGRAM, PHASE II; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIFTY -THREE THOUSAND TWO HUNDRED TEN AND NO /100 DOLLARS ($53,210.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance Nos. 040610 -3, 040610 -4, and 040610 -5 were considered together. Consider Proposed Ordinance No. 040610 -3, authorizing an interlocal agreement with the Baytown Municipal Development District to provide funding for the proposed Wayne Gray Sports Complex Renovation Project. Proposed Ordinance No. 040610 -3 approves an interlocal agreement with the Baytown Municipal Development District (MDD) and an amendment to the Interlocal Agreement with the MDD to provide additional funding for construction of improvements to the Wayne Gray Sports Complex. On September 12, 2002, the Council approved an interlocal agreement with the MDD to provide funding in an amount not to exceed $224,000 for the design of improvements to the Wayne Gray Sports Complex. The City expended $219,000 for the professional fees for the design of the improvements. On December 4, 2003, MDD approved an interlocal agreement with the City to provide funding in an amount not to exceed $1,966,000 for construction of the improvements. This proposed ordinance approves this interlocal agreement. The original budget for the design and construction of the project was $2,190,000. The amended MDD agreement provides an additional $100,000 to allow awarding the base bid and to provide a $57,877 contingency for use as may be required during construction. The agreement is similar to agreements previously approved for joint projects. Page 4 of 15 Minutes of the Regular Session — June 10, 2004 Troy Bryant, First Vice - President of the Girls Fast Pitch Softball Association, registered to speak to Council in favor of improvements to the Wayne Gray Sports Complex. Consider Proposed Ordinance No. 0406104, amending the 2003 -2004 budget to reallocate $75,000 in Hotel -Motel funds and $94,000 in Capital Improvement Program Funds to provide additional concession /restroom construction in the Wayne Gray Sports Complex Renovation construction contract. The budget for the design and construction of the Wayne Gray Sports Complex Renovation Project is $2,290,000. The proposed ordinance allows Council to reallocate eligible Hotel -Motel Tax (HOT) funds and General Fund Capital Improvement Project Fund (CIPF) funds so that alternate bid #2, concession stand/restrooms, can be awarded with the base bid on the following agenda item. This project is eligible under the Hotel Occupancy Tax statutes amended in the last session to allow certain home -rule municipalities which both border a bay and have a population of less than 80,000, to use HOT funding for maintenance, improvement, or operation of facilities that attract tourists, including parks and parking facilities. CIPF funding is available from undesignated project funds included in the current year budget. It is preferable that this type of work interior to the fields be completed in conjunction with the site work (underground utilities, grading and drainage) that is part of the base bid. Consider Proposed Ordinance No. 040610 -5, awarding a construction contract for the renovation and expansion of the Wayne Gray Sports Complex. Proposed Ordinance No. 040610 -5 awards a construction contract in the amount of $2,143,000 to Morganti Texas, Inc. for the renovation and expansion of the Wayne Gray Sports Complex. Since the creation of the Municipal Development District (MDD), the renovation of the existing Sports Complex and expansion of the facility on the North Main property has been a long awaited venture. Through an interlocal agreement between the City and MDD, the 60 -acre project will include the renovation of the 4 -field complex for youth softball, construction of 4 new adult softball fields, and construction of a concession/restroom facility. This will result in a total of 10 fields at the end of Phase One. The Rotary Club of Baytown will donate $20,000 toward the construction of the pavilion at a later date. A Texas Parks and Wildlife Department grant application was not successful that would have added other upgrades to the park project. A pre -bid conference was held on April 26, 2004 with eight contractors present. Because of the complicated project, the bid opening was extended to May 21, 2004. Of the five bids we received, the low bid was from Morganti Texas, Inc., with a base bid of $1,974,000, and alternate #2 (additional concession/restroom facility) bid of $169,000, for a total contract amount of $2,143,000. Construction is expected to begin in July and take 300 calendar days (weather depending), with completion in the spring of 2005. Funding is available from the MDD, HOT fund transfer and General Fund CIPF transfer. Council Member Renteria moved adoption of proposed ordinance Nos. 040610 -3, 040610 -4, and 040610 -5. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. rim Page 5 of 15 Minutes of the Regular Session – June 10, 2004 ORDINANCE NO. 9811 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 AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO PROVIDE ADDITIONAL FUNDING FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE WAYNE GRAY SPORTS COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9812 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 FROM THE HOTEL -MOTEL FUND AND THE CIPF— GENERAL CAPITAL FUND TO PROVIDE CONSTRUCTION OF AN ADDITIONAL CONCESSION STAND WITH RESTROOMS IN THE WAYNE GRAY SPORTS COMPLEX RENOVATION PROJECT; MAKING OTHER REPRESENTATIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9813 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 MORGANTI TEXAS, INC., FOR THE RENOVATION AND EXPANSION OF THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT OF THE SUM OF TWO MILLION ONE HUNDRED FORTY -THREE THOUSAND AND NO /100 DOLLARS ($2,143,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance 040610 -6, approving the rates for water and sewer services for John M. Fultz, Receiver, Bay Oaks Harbor Subdivision, Section 1. This item was not ready for consideration. Additional information has been requested. Consider Proposed Ordinance No. 040610 -7, awarding a construction contract for the Hill Terrace and Shreck Water Service Relocation Project. Proposed Ordinance No. 040610 -7 awards a construction contract in the amount of $44,999.92 to Dan's Plumbing, Inc. for the Hill Terrace and Shreck Water Service Relocation Project. The scope of work will include the installation of new '/o -inch water service lines from the residences to new water meters and a new main water line along both streets. City crews recently installed the new water main. The old service lines, which lead to an old water main in the rear of the existing residential lots, are to be abandoned. The bid for this project is $44,999.92. The construction duration for this project is estimated to be 30 calendar days and will be funded by the Water and Sewer Fund, Utility Construction budget. Page 6 of 15 Minutes of the Regular Session — June 10, 2004 Since the previous council meeting, wherein this bid was discussed, staff has reviewed whether it is appropriate for the City to expend public funds for the relocation or replacement of a private water or sewer line. Section 402.901 of the Texas Local Government Code, in conjunction with Article 11, Section 12 of the Texas Constitution, requires that a municipality assess the cost of any relocation or replacement of a private water or sewer line against the property on which such line is located. However, during the last legislative session, Section 26.049(h) was added to the Texas Water Code, which appears to give the City authority to perform the work without assessing the cost of the relocation or replacement against the property; provided no debt is issued for such work. Because of this new statute, there is some authority by which the City may proceed with the Hill Terrace and Shreck Water Service Relocation Project as originally contemplated. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9814 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 HILL TERRACE AND SHRECK WATER SERVICE RELOCATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF FORTY -FOUR THOUSAND NINE HUNDRED NINETY -NINE AND 92/100 DOLLARS ($44,999.92); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040610 -8, amending the Water Supply and Waste Disposal Agreement with Chambers County Municipal Utility District (MUD) No. 1 to add Section 7 of Country Meadows Subdivision, Section 4 of Hunters Chase Subdivision, and Sections 1 and 2 of Pine Meadows Subdivision. Proposed Ordinance No. 040610 -8 amends the Water Supply and Waste Disposal Agreement with Chambers County Municipal Utility District (MUD) No. 1 to add Section 7 of Country Meadows Subdivision, Section 4 of Hunters Chase Subdivision and Sections 1 and 2 of Pine Meadows Subdivision. Since these subdivisions are outside the city and are part of Chambers County MUD No. 1, they contract with the City for water and sewer services. The agreement currently in force provides water and sewer services for: ➢ Sections 1, 2, 3, 4, 5, and 6 of Country Meadows Subdivision, ➢ Block A Addition to Section 4 of Country Meadows Subdivision, Block A Addition to Section 5 of Country Meadows Subdivision, Block B Addition to Section 5 of Country Meadows Subdivision, and Sections 1, 2, and 3 of Hunters Chase Subdivision; Page 7 of 15 Minutes of the Regular Session – June 10, 2004 The proposed ordinance amends the agreement to add the following: Section 7 of Country Meadows Subdivision; and 9.2698 acres, 52 lots, 18,200 gallons average daily flow ➢ Section 4 of Hunters Chase Subdivision; and 12.46 acres, 68 lots; 23,800 gallons average daily flow Section 1 of Pine Meadows (water only); and 24.6749 acres, 100 lots; Section 2 of Pine Meadows (water only). 15.6340 acres, 92 lots As such, a total of 166.3788 acres and 712 single - family connections will be covered by the agreement if amended. Council Member Anderson moved adoption of the proposed ordinance, with the following conditions: 1. Hunters Chase Section 4 is the final section of Hunters Chase to be approved under the contract and prior utilities practices. 2. Pine Meadows Sections 1 and 2 are the only sections of Pine Meadows to be approved under the contract and prior utilities practices. 3. Country Meadows Section 7 is the final section of Country Meadows to be approved under the contract and prior utilities practices. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE WATER SUPPLY AND WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF BAYTOWN AND CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040610 -9, amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated," Schedule III "Designation —No Parking Zones" of the Code of Ordinances, City of Baytown, Texas to establish a no parking zone on the east side of the 1100 block and end at the south side of the property at 1112 Beech Street. Proposed Ordinance No. 040610 -9 amends Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated," Schedule III "Designation —No Parking Zones" of the Code of Ordinances, City of Baytown, Texas to establish a no parking zone on the east side of the 1100 block of Beech Street. The no parking zone will extend along the east side of Beech Street from the north side of the 1100 block to the south side of the property at 1112 Beech Street. On Page 8of15 Minutes of the Regular Session – June 10, 2004 May 19, 2004 the Planning and Zoning Commission considered the request for the no parking zone and unanimously recommended it to City Council. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9816 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE III "DESIGNATION – NO PARKING ZONES" TO DESIGNATE A PORTION OF BEECH STREET AS A NO PARKING ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040610 -10, amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section 94 -121 "Schedules enumerated," Schedule V "Designation —Speed Limit Zones" of the Code of Ordinances, City of Baytown, Texas to establish the maximum prima facie speed for Spur 330 (Decker Drive) from the west city limits to MP 5.278 (the west right -of -way line of State Highway 146). The Texas Department of Transportation completed an Engineering and Traffic Investigation concerning the posted speed along Spur 330 from near I.H.10 to near Airhart. On May 19, 2004, the Planning and Zoning Commission considered the proposed change and recommended that Council approve the new speed limit of 65 miles per hour. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Page 9 of 15 Minutes of the Regular Session — June 10, 2004 ORDINANCE NO. 9817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES ENUMERATED," SCHEDULE V "SPEED LIMIT ZONES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SPUR 330 (DECKER DRIVE) FROM THE WEST CITY LIMITS TO MP 5.278 (THE WEST RIGHT -OF -WAY LINE OF STATE HIGHWAY 146); AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS (5200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040610 -11, approving an interlocal agreement with the Baytown Municipal Development District to provide funding for the design of traffic signal synchronization on North Main Street and on Alexander Drive. Proposed Ordinance No. 040610 -11 approves an interlocal agreement with the Baytown Municipal Development District to provide funding in an amount not to exceed $200,000 for the design of traffic signal synchronization on North Main Street (Texas Avenue to East Baker Road) and on Alexander Drive (Texas Avenue to McKinney Road). The original MDD budget plan included the design and construction of the Garth Road synchronization in year one, followed by separate design and construction of North Main Street and of Alexander Drive. In 2003, the City submitted a project proposal for funding traffic synchronization on these next two streets through the Houston - Galveston Area Council (H -GAC). These projects are included in the Transportation Improvement Plan (TIP) for possible funding in 2005. In order to receive funding, the design on the projects must be complete and ready for bid. This funding, available within current allocations for street synchronization, will fund engineering and design for both of these corridors so that our chances for funding in the 2004 -2005 cycle are enhanced. The City's Architect and Engineer (A &E) Committee will be utilized to recommend a qualified firm(s) and the City Council will consider the A &E recommendation in awarding a contract(s). Design time is estimated at six to eight months. Council Member Mahan moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9818 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 AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE DESIGN AND ENGINEERING OF THE TRAFFIC SIGNAL SYNCHRONIZATION ON NORTH MAIN STREET AND ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 15 Minutes of the Regular Session — June 10, 2004 Consider Proposed Ordinance No. 040610 -12, authorizing the issuance of $11,980,000 City of Baytown, Texas, Certificates of Obligation Bonds, Series 2004A. Proceeds from the sale of the Series 2004A Certificates will be used for purchase of equipment and construction of improvements to the City's water and sanitary sewer system, and to pay for the costs associated with the issuance of the Series 2004A Certificates. Drew Masterson of First Southwest Company, the City's Financial Advisor, addressed Council on this and the following item. He said that the interest rate obtained for the $11,980,000 City of Baytown, Texas, Certificates of Obligation Bonds, Series 2004A was 4.74 %, bid by Citigroup Global Market. The same syndicate bid 4.79% on the $4,705,000 City of Baytown, Texas, General Obligation Bonds, Series 2004. He noted that interest rates were lower last year at this time. He informed Council that the AA -bond rating given the City by Standard & Poors is the highest of any city along the Ship Channel. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $11,980,000 CITY OF BAYTOWN, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2004A; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040610 -13, authorizing the issuance of $4,705,000 City of Baytown, Texas, General Obligation Bonds, Series 2004. Proceeds from the sale of the Series 2004 Bonds will be used for the acquisition and construction of street improvements, drainage improvements, communication equipment, and park improvements, and to pay for the costs associated with the issuance of the Series 2004 Bonds. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. It was noted that the monies will be used for communications equipment for the Public Works and Parks Departments. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Page 11 of 15 Minutes of the Regular Session — June 10, 2004 ORDINANCE NO. 9820 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF $4,705,000 CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION BONDS, SERIES 2004; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040610 -14, changing the name of Knowlton Street to Knowlton Road. Staff received a request to research the street name of Knowlton Street and Knowlton Road. Mollie Knowlton Subdivision Plat that was recorded in July 1941, Knowlton was designated as a Street. This section of Knowlton stretches from North Alexander west to half way between Barcelona Way and Donovan. However, when the Colony Madrid Plat was recorded in May 1972, Knowlton was designated as a Road. This section of Knowlton stretches from Beaumont east to half way between Barcelona Way and Donovan. On May 19, 2004 the Planning and Zoning Commission reviewed the proposed change to rename Knowlton Street to Knowlton Road and unanimously recommended it to City Council. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENAMING "KNOWLTON STREET" TO KNOWLTON ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040610 -1, amending Resolution No. 1622 to provide the City Manager with authority to apply for, accept, reject, or terminate any grant award that may result from the application for the Juvenile Accountability Incentive Block Grant Program. Proposed Resolution No. 040610 -1 approves an amendment to Resolution No. 1622 adopted on December 11, 2003. The proposed resolution amends Section 3 of Resolution No. 1622 to provide that the City Manager is authorized to apply for, accept, reject, alter or terminate any grant award that may result from the application authorized by the original resolution. Resolution No. 1622 authorized the City Manager to apply for the Juvenile Accountability Incentive Block Grant Program. The proposed change is made at the request of the Governor's Office. The City has been awarded the grant for the preceding five years. The City is eligible for $18,770 with a 10% cash match of $2,086, making the total project budget $20,856. These funds enable the court to continue alternative sentencing for juveniles in the Municipal Court. Page 12 of 15 Minutes of the Regular Session — June 10, 2004 Council Member Renteria moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTION 3 OF RESOLUTION NO. 1622 PASSED ON DECEMBER 11, 2003, WHICH AUTHORIZED THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPLY FOR A GRANT WITH THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM AND AUTHORIZED THE CITY MANAGER TO APPOINT A JUVENILE CRIME ENFORCEMENT COALITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040610 -2, amending the "Rules and Procedures For Conducting Council Meetings," as amended. This item was discussed in work session prior to the meeting. Council Member Anderson moved adoption of the proposed resolution with the following amendments: 2. GENERAL RULES 2.1 Meetings to be Public. All official meetings of the Council and shall be open to the public, pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3. CODE OF CONDUCT 3.4 In General (d) Spokesperson for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council, and in case additional matters are to be presented by any other member of the group, to limit the number of such persons addressing the Council. Page 13 of 15 Minutes of the Regular Session — June 10, 2004 4. TYPES OF MEETINGS 4.5 Notice of Meetings. The agenda for all meetings, including Council committee or subcommittee meetings, shall be posted by the City Clerk on the City's official bulletin board and on the City's website, and notice of all meetings shall be given by the City Clerk pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended. 6. ORDER OF BUSINESS 6.1 Agenda (b) The City Manager, or the Mayor, or 3 Council Members must grant approval for an item to be included on the agenda. 6.2 The order for the agenda is as follows: II. The five- minute limit may be extended by a majority vote of the Council. pmven. Council reserves the privilege to make inquiries of the citizen at the end of his/her presentation. As this is an information - gathering period for Council, all inquiries, requests, etc. will be referred to the administration for processing, and a response to the citizen will be made at a later date. V. A citizen requesting to address Council under either of the above methods may net pass his/her time to another person who has requested to address Council. 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS AND MOTIONS 7.2 City Attorney to Approve. All ordinances, resolutions, and contracts and amendments thereto shall be approved as to form and k-g by the City Attorney. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ,, RESOLUTION NOS. 947, 1370 AND 1429 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON APRIL 24, 1986, NOVEMBER 24, 1988, AND MARCH 9, 2000, RESPECTIVELY, IN THEIR ENTIRETIES; ADOPTING RULES OF PROCEDURE FOR ALL MEETINGS OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 14 of 15 Minutes of the Regular Session — June 10, 2004 Consider the process for appointment of District 3 Council Member position. Section 16 of the Charter provides that a vacancy in the Council shall be filled by a qualified voter residing in the district in which the vacancy occurred by a majority vote of the remaining members of the Council. Council Member Renteria moved to table this item until the July 8, 2004 City Council meeting. Council Member Renteria withdrew his motion. After discussion, Council Member Murray moved that a special meeting be held on Tuesday, June 22, 2004, from 2:00 — 6:00 p.m., in order to interview the prospective candidates for the vacant District 3 Council seat. Each Council Member will be allowed to ask each prospective candidate one question and will submit that question to the City Manager no later than June 17, 2004. The process will then be further discussed at the regular City Council meeting on June 24, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Consider electing the Mayor Pro Tem. After brief discussion, it was the consensus of Council present to add this item to the special meeting agenda to be held on June 22, 2004. Consider appointing Council's representative to the Baytown/West Chambers County Economic Development Foundation. This item allows Council to appoint its representative to the Baytown/West Chambers County Economic Development Foundation. Former Council Member Godwin served in this capacity in the past. Council Member Renteria moved the nomination of Council Member Anderson as Council's representative to the Baytown/West Chambers County Economic Development Foundation. Council Member Mahan seconded the motion. Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. Page 15 of 15 Minutes of the Regular Session - June 10, 2004 00� Mayoral appointments. Mayor Mundinger said that he was not yet ready to make an appointment to fill his position on the Finance Committee. The other current members will remain on the Committee. Mayor Mundinger announced that he had appointed Council Member Renteria to fill his position on the Architect & Engineer Selection Committee. The other members will remain on the Committee. City Manager's Report. City Manager Jackson informed Council that the Bayou Blues Night, a part of the Summer Concert Series, will be held on June 18, 2004, at Bicentennial Park. Mr. Jackson announced that the Bayou Bowl will be held on June 19, 2004, at Stallworth Stadium, with a golf tournament the preceding day beginning at 11:00 a.m. Adjourn. Council Member Anderson moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:03 p.m. M- Gaty W. Smith City Clerk r-.i