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2004 05 27 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 27, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on May 27, 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. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Murray led the pledge of allegiance and offered the invocation after which the following business was conducted: Harris County Precinct 2 Commissioner Sylvia Garcia addressed Council. She thanked Mayor Alfaro for his many years of service to the City. She said that during her tenure as County Commissioner they had worked on many projects together, and he had ensured that the City received its fair share of tax dollars from Hams County. She stated that he had recently agreed to join the East Harris County Seniors Program to assist senior citizens in Harris County. She said she looked forward to building on the foundation that begun during his time in office, especially construction of the Sports Complex and the Soccer Complex and to continue the partnership between the City and Harris County. She congratulated Council Member Mahan on his election to District 6 and said she looks forward to working with him, along with the rest of Council and City staff in this new era of the City's government. Consider approval of minutes of the work session and regular meeting held on May 13, 2004. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on May 13, 2004. 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. Page 2 of 14 Minutes of the Regular Session — May 27, 2004 Consider approval of minutes of the special meeting held on May 24, 2004. Council Member Anderson moved approval of the minutes of the special meeting held on May 24, 2004. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, and Sheley. Mayor Alfaro. Nays: None. Council Members Godwin, Murray, and Renteria abstained. The motion carried. Mayor Alfaro made the following statement for the record: "First of all I would like to congratulate all of the winners, and to all of the Council members who are going to be here, just a few comments. The day has arrived, for some people it is a sad day, for other people it is a happy day, as for me it is both. I know the sun will come up tomorrow and it will be a different day. I feel very honored and humble to have served 15 years in this community as a Council Member and Mayor. Please allow me to just give you some very quick history. "I have served with several Council Members and four City Managers. Some Council Members are no longer with us: Council Member Donnie Hullum, Council Member Rolland Pruett, and Mayor Emmett Hutto. The others who are alive: Pent' Simmons, Jimmy Johnson, Fred Phillips, Ray Swofford, Mario Delgado, Bobby Credille, Steve Don Carlos, David Byford, Manuel Escontrias, Eva Benavides, Frank Hinds, Victor Almendarez, and of course, the current Council members. I have been involved in seven City elections, 1989, 1992 and 1994 — 2002. Please allow me to recognize three people who have been with Lupe and me in all the elections. Lynn Foley, Campaign Manager, Daniel Sandoval, my Campaign Treasurer, and Glenna Pfennig, our Public Relations person. Of course, we had many, many other very active people that worked with us. "On a personal note, we all go through a lot of campaigns and we encounter things that always stick in your mind. Two things that stick in my mind in the 2002 Election are 1) Aline Reineke, who was brought by her husband Bill to vote, as sick as she was, because she wanted to vote for Pete Alfaro. Another one was Sheila Sandoval, who was brought here in a wheel chair with cancer, who also wanted to vote. Those memories will never fade. "I enjoyed all of the talks that I gave to the Goose Creek Independent School District Elementary Schools, to the five Junior Schools and both High Schools. Also, I spoke to several Lee College Groups, as we all know our children are definitely the future of our community. I also enjoyed making presentations to many other groups, for example, the senior groups, civic associations, service organizations, churches, and the Chamber of Commerce. I was honored to represent the City, and be as available as possible, bottom line; I worked very hard to be the Mayor for all citizens of Baytown. Page 3of14 Minutes of the Regular Session — May 27, 2004 "I know that there are many other activities and accomplishments that occurred during the past 15 years, I might even write a book to try and document all of these things. Mayors' names are like memories; they fade with time. In a few more months a lot of people will not even know that Pete Alfaro was once Mayor, ten years from now most people will not even know who Pete Alfaro was. However, I hope to be remembered as a fair and honest Mayor who served all the people. "In conclusion, as I leave this Council, I exit essentially the same way as I came here in 1989, about the same height, a little less weight, quite a bit less hair, but with the same good tan. I followed a tall Mayor when I came into office and I will be followed by another tall Mayor, quite a coincidence. Calvin you are very fortunate to have both of your parents alive here. In my case, my dad died in 1974 and my mother died in 1995. She was only able to see me as a City Council member, so you should feel very fortunate sir. I thank God for Lupe and my family, all of the people of Baytown, Council Members and Administration for the opportunity to serve. I leave you with these words: understand the past, because your historian is gone now, govern the present, and plan for the future. God bless each of you. Thank you very much." Administer Oaths of Office to the newly elected Mayor and Council Members. Retired Harris County 228`" Criminal District Court Judge Ted Poe administered the Oath of Office to Mayor Calvin Mundinger, Council Member District No. 4, Don Murray, Council Member District No. 5, Ronnie Anderson, and Council Member District No. 6, Sammy Mahan. Former Council Member Godwin made the following statement for the record: "I have served on the Council for six years. It has been a privilege and a great honor that I hold with high esteem. There are two people that I would like to acknowledge. Without Bobby Sutton's help in my first campaign I would have never made it without his labor and his moral support. The one who kept me in here was my wife Chic. She said you stay there and I stayed there. My heart's desire is that Baytown grows economically, in safety, cleanliness, and in health. It will be a place where people will say that I am proud to live in, as I do. May God bless Baytown and the people who live in it. God Bless you." Former Mayor Alfaro delivered the Certificates of Election to the newly elected Mayor and Council Members. Presentations to Mayor Alfaro and Council Member Godwin. Mayor Mundinger presented Plaques of Appreciation and Keys to the City to former Mayor Alfaro and Council Member Godwin. Citizen Communications: Michael and Rachel Miller, 8223 Berkley Ct., addressed Council regarding their utility bill. Rachel Miller was called three times but did not appear. Page 4 of 14 Minutes of the Regular Session — May 27, 2004 Consider Proposed Resolution No. 040527 -1, granting a petition for annexation submitted by Brazos River North South LTD., Paul Grohman, general partner, and authorizing preparation of a service plan. Proposed Resolution No. 040527 -1 grants a petition for annexation submitted by Brazos River North South LTD, Paul Grohman, general partner, to annex 22.55 acres, located east of State Highway 146 in the Jacob Armstrong Survey in Chambers County, Texas. The property is proposed to be developed as a residential subdivision, a portion of which is currently within the City. The proposed resolution directs staff to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. Council Member Murray moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BRAZOS RIVER NORTH SOUTH LTD. CONCERNING THE ANNEXATION OF 22.55 ACRES LOCATED EAST OF STATE HIGHWAY 146 IN THE JACOB ARMSTRONG SURVEY, CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040527 -1, the second reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 57.2 -acre tract of land in the William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right -of -way in Harris County, Texas. Proposed Ordinance No. 040527 -1 is the second and final reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 57.2 -acre tract of land in the William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right - of -way in Hams County, Texas. The City of Baytown, the owner of the property, petitioned for annexation and proposes to develop the tract as a wastewater treatment plant. City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on March 11, 2004. The Ordinance was approved on first reading on April 8, 2004 and published on April 22, 2004, more than 30 days before the second reading. Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 5 of 14 Minutes of the Regular Session — May 27, 2004 Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9758 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 57.2011 ACRES OF LAND IN THE WM. BLOODGOOD LEAGUE, ABSTRACT NUMBER 4, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040212 -2, places the 57.2 -acre tract of land in the William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right -of -way in Harris County, Texas in Council District No. 5. Proposed Ordinance No. 040527 -2 places the recently annexed 57.2 -acre tract of land in the William Bloodgood League, Abstract No. 4 in Harris County, Texas, south of Interstate Highway No. 10, west of Cedar Bayou, and east of and adjacent to the Southern Pacific Railroad right -of -way in Harris County, Texas in Council District No. 5. Upon annexation property must be placed in the proper Council District. The property is adjacent to other properties within the City that are situated in Council District No. 5. Council Member Anderson moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9804 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 57.2011 ACRES OF LAND IN THE WM. BLOODGOOD LEAGUE, ABSTRACT NUMBER 4, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Page 6 of 14 Minutes of the Regular Session — May 27, 2004 Consider Proposed Ordinance No. 040527 -3, awarding a professional services contract for evaluation of the West District WWTP Lift Station Rehabilitation Project. Proposed Ordinance No. 040527 -3 awards a professional services contract in an amount not to exceed $59,500 for engineering services to PBS&J for preparing a preliminary engineering report (PER) of the West District Waste Water Treatment Plant Lift Station Rehabilitation Project. Compensation for basic services will not exceed $59,000 and $500 for reimbursables. The 2003 Certificates of Obligation will fund the PER and the future final design professional services contract. The Texas Water Development Board (TWDB) will fund the construction contract. Basic services provide for both the preparation of the Engineering Application for the TWDB Loan and the TWDB planning phase requirement. The design scope of work for basic services includes the investigation and evaluation of the structural, hydraulic, and electrical systems of the West District Headworks Lift Station. Preliminary engineering for this project will consist of verifying and confirming influent line flows, and capacity of the lift station. The report will also include recommendations on rehabilitation methods, including pump size and type and detailed opinions of probable cost for each proposed rehabilitation method. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9805 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 POST, BUCKLEY, SCHUH & JERNIGAN, INC., FOR THE PREPARATION OF THE PRELIMINARY ENGINEERING REPORT FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIFTY -NINE THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($59,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040527 -4, approving a variance to Section 6.02 of the Code of Ordinances to allow the issuance of an alcoholic beverage permit for a restaurant with a mixed - beverage permit and a food and beverage certificate in Bay Plaza Shopping Center. Proposed Ordinance No. 040527 -4 grants a variance to Shana Prentice for the approval of the issuance of a permit for the sale of mixed beverages for on- premise consumption at a sports theme restaurant to be located at space 18 (the old theatre and bank) of Bay Plaza Shopping Center. The variance will allow the issuance of the permit. Page 7 of 14 Minutes of the Regular Session — May 27, 2004 In order to allow the property owner to finalize lease negotiations, a variance may be granted for a one - year period to allow the permitting of the sale of mixed drinks at a restaurant located in rental unit 18 of the Bay Plaza Shopping Center. Should a permit for such sales not be issued within one year of the date of approval of this ordinance, the variance will expire. The request appears to contain internal inconsistencies in that it states it will be a restaurant but after 6:00 p.m. patrons under 18 will not be permitted and additional security will be on duty. Council Member Sheley moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. Ms. Prentice addressed Council regarding concerns relating to distance requirements from a nearby school and a daycare center. She stated that the establishment will have the same type of atmosphere as a "Dave and Buster's" Restaurant, that it's main function will be food service, that after 6:00 p.m. patrons under 18 will not be permitted and additional security will be on duty. She said her goal is to create an adult environment without the distraction of children. She noted that the smoking area will adhere to City code requirements. The vote follows: Ayes: Council Members Mahan, Renteria, and Sheley. Mayor Mundinger. Nays: Anderson and Murray. The motion carried. ORDINANCE NO. 9806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO SECTION 6 -2 OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO SHANA PRENTICE TO ALLOW THE ISSUANCE OF AN ALCOHOLIC BEVERAGE PERMIT FOR ON- PREMISE CONSUMPTION FOR A RESTAURANT WITH A MIXED - BEVERAGE PERMIT AND A FOOD AND BEVERAGE CERTIFICATE TO BE LOCATED IN RENTAL UNIT 18 OF THE BAY PLAZA SHOPPING CENTER IN THE 2300 BLOCK OF NORTH ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040527 -5, for Change Order No. 5 to the Baytown Community Center Renovations Project with the Spigener Corporation. Proposed Ordinance No. 040527 -5 approves Change Order No. 5 to the Baytown Community Center Renovation Project with the Spigener Corporation. This change order increases the contract amount by $13,031.73. The original contract amount was $1,472,935. Change Order No. 1, to replace rotted windows and doors, in the amount of $24,886.56, was approved administratively and increased the contract amount to $1,497,821.56. Change Order No. 2, for roof decking, plumbing and additional window replacement, increased the contract amount to $1,524,827.10. 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, in the amount of $30,763.65, was for painting and texturing throughout the building. Change Order No. 5 is for door louvers, a roof drain, and gas line relocation. This will increase the contract amount by $13,031.73, from $1,555,590.75 to $1,568,622.48. This change order will be funded by the Capital Improvement Project Fund. Page 8 of 14 Minutes of the Regular Session — May 27, 2004 Council Member Sheley moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9807 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 5 WITH THE SPIGENER CORPORATION FOR THE BAYTOWN COMMUNITY CENTER RENOVATIONS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTEEN THOUSAND THIRTY -ONE AND 73/100 DOLLARS ($13,031.73); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approving plans and specifications for the Goose Creek Looped Water Line Project and authorize advertisement for bids. The scope of work includes the installation of a 16 -inch waterline beneath Goose Creek by State Highway 146. The installation of this waterline will loop two existing dead end lines on each side of the Creek, thus increasing the pressure and flows in that service area. For budgetary purposes, this project has been set up to include three alternatives. Alternative A includes a 16 -inch fusion bonded C -905 pipe with a 24 -inch HDPE casing at an estimated cost of $400,000. Alternative B includes a 16- inch fusion bonded C -905 pipe directionally drilled with no casing at an estimated cost of 5275,000. Alternative C includes a 16 -inch HDPE pipe directionally drilled with no casing at an estimated cost of $150,000. The project duration on this contract is 60 calendar days. This project will be funded by 2003 and 2004 Certificates of Obligation. Council Member Anderson moved approval of plans and specifications for the Goose Creek Looped Water Line Project and authorization for advertisement for bids. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 9 of 14 Minutes of the Regular Session — May 27, 2004 Consent Agenda a. Proposed Ordinance No. 040527 -6 authorizes an agreement with Thos. Y. Pickett & Company, Inc. for appraisal of the Baytown Industrial Districts. For several years, the City has contracted with Thos. Y. Pickett to provide the valuations of properties for the City's industrial districts and to provide general advice on planning for the impact of any pollution control exemptions granted by the TCEQ. The total contract is $30,050, an increase of $2,500 over last year. b. Proposed Resolution No. 040527 -2 authorizes the City Manager to accept a 2004 Department of Justice grant in conjunction with the High Intensity Drug Trafficking Area (HIDTA) project. The proposed grant totals $790,360 for program administrative costs plus allowable indirect costs to the City of Baytown. The Police Department is acting as the manager agent for this federal project. The Deputy Coordinator provides review of the Houston HIDTA funded initiatives and travels to other HIDTA's to review their administrative procedures in order to provide guidance for developing effective procedures for the Houston HIDTA. Funds are available through the Office of National Drug Control Policy. This program will be funded 100% by the Federal Government and matching City funds are not required. This will be the tenth year of the program. A letter from Stanley E. Furce, Director of Houston HIDTA is included in the packet. C. Proposed Resolution No. 040527 -3, authorizes and directs the Mayor to execute: General Certificates of Local Government Unit relating to Southeast Texas Housing Finance Corporation's ( "SETH ") issuance of: o Single Family Mortgage Revenue Bonds, Series 2004B, o Single Family Mortgage Revenue Bonds, Series 2004C, and o Taxable Residual Revenue Capital Appreciation Bonds, Series 2004D, and Certificates of Highest Ranking Official relating to SETH's issuance of o Single Family Mortgage Revenue Bonds, Series 2004B, and o Single Family Mortgage Revenue Bonds, Series 2004C. SETH is structuring a forward delivery program, which necessitates issuing Single Family Mortgage Revenue Bonds, Series 2004B, in an amount of $25,000,000 and then refunding those bonds into the Single Family Mortgage Revenue Bonds, Series 2004C, in the amount of $35,000,000. Additionally, SETH proposes to issue up to $1,500,000 in Taxable Residual Revenue Capital Appreciation Bonds, Series 2004D in order to make down payment assistance available to the homebuyers. SETH's proposed program will provide families with $35,000,000 in mortgages with 6% of the loan amount in down payment and closing cost assistance in the form of a grant. The issuance of the bonds is expected to advance SETH's continued efforts in providing safe, decent, sanitary and affordable housing to residents of its sponsoring political subdivisions, including the City of Baytown. To gain approval of the Texas Attorney General's Office for the issuance of the desired bonds, SETH has asked that the City of Baytown confirm certain information regarding SETH, including, but not limited to, the City's approval of SETH's Restated Articles of Incorporation, the City's appointment of Daniel Sandoval to SETH's Board of Directors, and the fact there is no litigation pending or threatened against the City relating to SETH. Page 10 of 14 Minutes of the Regular Session — May 27, 2004 Council Member Sheley moved adoption of the consent agenda, items a through c. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9808 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 CONTRACT WITH THOS. Y. PICKETT & COMPANY, INC., FOR THE APPRAISAL OF PROPERTY WITHIN THE BAYTOWN INDUSTRIAL DISTRICTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($30,500.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE DEPARTMENT OF JUSTICE FOR A 2004 GRANT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT IN THE AMOUNT OF SEVEN HUNDRED NINETY THOUSAND THREE HUNDRED SIXTY AND N01100 DOLLARS ($790,360.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL CERTIFICATES OF LOCAL GOVERNMENTAL UNIT RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2004B, SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2004C, AND TAXABLE RESIDUAL REVENUE CAPITAL APPRECIATION BONDS, SERIES 2004D, AND TO EXECUTE THE CERTIFICATES OF HIGHEST RANKING OFFICIAL RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2004B, SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2004C; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 14 Minutes of the Regular Session — May 27, 2004 Consider the process for appointment to fill the District 3 Council vacancy. 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. Mayor Mundinger suggested two alternatives for Council's review for the appointment process: a) Council reviews all applications and makes the appointment; b) If eight or more applications are received, the Mayor will appoint an ad -hoc selection committee to review the applications and prepare a "short- list" of three applicants for Council's review and selection. There was discussion regarding the cut -off date for accepting applications and how best to interview the candidates. Mayor Mundinger reminded Council that the budget process is already underway and it is imperative that Council makes a final decision as soon as possible. Council Member Sheley moved to accept applications until 5:00 p.m. on June 10, 2004 and to decide the appointment process at the regular Council meeting to be held on that date. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consider appointment of a representative from District 6 to the Charter Review Committee. Sammy Mahan, the District 6 representative to the Charter Review Committee, was elected to City Council. His place on the Charter Review Committee is vacant. Council Member Mahan moved appointment of Mike Beard to serve as the District 6 representative to the Charter Review Committee. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: Council Member Renteria. The motion carried. Consider Proposed Resolution No. 0405274, amending the "Rules and Procedures For Conducting Council Meetings," as amended. Mayor Mundinger noted that this item had not been scheduled as a work session item prior to the meeting because Council Member Mahan had not yet been sworn into office and therefore, would not have been able to take part in the discussion. Page 12 of 14 Minutes of the Regular Session — May 27, 2004 The Mayor stated that one of the changes he would propose is a reduction in the number of Council Members required to place an item on an agenda from four to three. Council Member Murray commended staff for the excellent compilation of information, but requested more time for study and discussion. Council Member Sheley agreed that more information was needed relating to the areas of change. Council Member Murray moved to table the item. Council Member Renteria seconded the motion. Council Member Murray amended his motion, requesting that the item be tabled to a work session discussion as expeditiously as possible. Council Member Renteria accepted the amendment to the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. City Manager Jackson submitted the 2005 Budget Schedule of Events: • May 27, 2004, Thursday, Council receives 2005 Budget Survey; • June 10, 2004, Thursday, Budget Surveys; • June 24, 2004, Thursday, Work session to review survey results and establish budget priorities; • July 30, 2004, Friday, Special meeting to receive 2005 Proposed Budget; • August 2, 2004, Monday, City Council Budget Work Session (time to be announced); • August 3, 2004, Tuesday, City Council Budget Work Session (time to be announced); • August 4, 2004, Wednesday, City Council Budget Work Session (time to be announced); August 26, 2004, Thursday, City Council discuss tax rate; • Public Hearing on the Proposed Budget; and, • September 9, 2004, Thursday, City Council adopts 2004 -05 Budget, tax rate and utility rate ordinance. Mr. Jackson informed Council that City swimming pools will open on May 29, 2004. Mr. Jackson reminded Council of the Memorial Day Holiday on Monday, May 31, 2004 and the Memorial Day ceremony at Bicentennial Park. Mr. Jackson announced that the Pilot Club had donated $16,000 to Sterling Municipal Library to upgrade media equipment in the meeting room. Mr. Jackson informed Council that a special meeting will be necessary in order to consider the second and final reading annexing the 7.519 -acre tract of land for Am -Mex Restaurant, Inc. He said the meeting will more than likely be held on during the last week of June 2004. Page 13 of 14 Minutes of the Regular Session — May 27, 2004 Conduct the appeal of the decision of the Urban Rehabilitation Standards Review Board to demolish the garage apartment at 1215 Barrymore Blvd. Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation Standards Review Board to demolish the garage apartment at 1215 Barrymore Blvd. Debbie Barnes, Code Enforcement Officer, made the following opening statement: "On April 5, 2004 the Urban Rehabilitation Standards Review Board issued an order to demolish the garage apartment located at 1215 Barrymore. Barrymore is located north of W. Main in the William Scott Upper League. Ms. Sue Troutman is the owner of the property. Her daughter, Ms. Fanestiel, will represent Ms. Troutman. They have chosen to appeal the Board's decision. This appeal will be heard by city council at this time." City Attorney Ignacio Ramirez, Sr., informed Council that, according to state law, the order issued by the Urban Rehabilitation Standards Review Board became final 30 days following its issuance. He said that the property owner may appeal that order to a District Court if it is filed within that 30 days. The City offers a type of informal appeal to City Council. Mr. Ramirez said that Ms. Fanestiel represented to City staff that she was acting on behalf of her mother and filed an appeal within the 10 -day period allowed to appeal to Council. However, she did not inform them that her mother was, in fact, deceased. The City accepted the appeal because Ms. Fanestiel indicated that she had an elderly mother and that she was doing this to assist her. It had only recently come to staff's attention that her mother was deceased. Because she was acting on behalf of her mother, when Ms. Fanestiel filed the appeal, staff requested a Power of Attorney. She indicated that she would submit the document. It was never received. Mr. Ramirez noted that he had spoken with Ms. Fanestiel's attorney and had been told that Mrs. Troutman (mother of the appellant) was deceased. He said this fact further complicated the matter with an additional issue. The first matter is that it is now beyond the 30 days allowable for the filing of an appeal. This appeal to Council was originally scheduled for the April 22, 2004 City Council meeting, well within the 30 days for Council to consider it. Shortly before that meeting, Ms. Fanestiel contacted staff and said that she was not prepared and asked that it be postponed to the May 27, 2004 City Council meeting. Mr. Ramirez said that, in his opinion, since it is now beyond the 30 days, the order of the Board is now final. Further, he opined that he did not believe Council had the authority to overturn that final order. He said he believed Council had the authority only during the 30 -day period. Mr. Ramirez noted that there were two issues before Council: first, because the property owner never appealed, merely someone representing to be acting on behalf of the property owner, but who never produced the requisite Power of Attorney; further confusing the matter is the fact that the property owner is deceased. The second issue, he said, even if it were assumed that the initial appeal was valid, it is now beyond the time for an appeal, because the 30 days have expired. He said staff had a very similar case recently dealing with an apartment owner. When a solution had not been reached, the property owner had filed suit against the City, because the City would grant no further relief in the matter. The judge ruled in the City's favor because the lawsuit had not been filed within the 30 -day period. Page 14 of 14 Minutes of the Regular Session — May 27, 2004 After discussion regarding the process for filing appeals, Council Member Murray moved to affirm the decision of the Urban Rehabilitation Standards Review Board. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, and Murray. Nays: Council Member Renteria. Mayor Mundinger. Council Members Mahan and Sheley abstained. The motion failed. Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:40 p.m. G W. ,Smith City Clerk