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2004 12 29 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 29, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in special session on December 29, 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 Scott Sheley Sheryl Ward Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Mercedes Renteria III was absent. Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy 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. Mayor Mundinger asked those in attendance to observe a moment of silence in remembrance of fallen Baytown Fire Fighter Nito Guajardo after which the following business was conducted: Mayor Mundinger denied Reba Eichelberger's request to speak concerning the moment of silence. Administer the Oath of Office to Sheryl Ward, Council Member District 3, and deliver the Certificate of Appointment. City Attorney Ignacio Ramirez, Sr. administered the oath of office to Sheryl Ward as Council Member, District 3. Mayor Mundinger presented the Certificate of Appointment to Council Member Ward. Consider Proposed Ordinance No. 041229 -1, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 30.374 -acre tract situated in the W.C.R.R. Company Survey Number 1, Abstract 899, located north of Archer Road and west of Garth Road in Harris County, Texas. Proposed Ordinance No. 041229 -1 is the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being a 30.374 -acre tract situated in the W.C.R.R. Company Survey Number 1, Abstract 899, located north of Archer Road and west of Garth Road in Harris County, Texas (Rosemont @ Garth). SMD #1, Ltd., is developing the property as multifamily housing with a commercial reserve. City Council approved a petition to annex this property. Page 2 of 7 Minutes of the Special Session — December 29, 2004 In accordance with state law, two public hearings were held on the proposed annexation on December 9, 2004, following publication in The Baytown Sun on November 26, 2004 and posting on the City's web site on the same date, more than ten days and less than 20 days prior to the public hearings. Upon approval on its first reading, the ordinance will be published in The Baytown Sun. The final reading may be held 30 days after the ordinance is passed on its first reading and published. Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 30.374 -ACRE TRACT SITUATED IN THE W.C.R.R. COMPANY SURVEY NUMBER 1, ABSTRACT 899, LOCATED NORTH OF ARCHER ROAD AND WEST OF GARTH ROAD IN HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 041229 -2, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being approximately 140 acres of land located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Sjolander Road and the adjacent portion of Needlepoint Road in Harris County, Texas. Proposed Ordinance No. 041229 -2 is the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being approximately 140 acres of land located in the William Bloodgood Survey, A -4, and the J. P. Sjolander Survey, A -1644, south of Needlepoint Road and east of Sjolander Road and the adjacent portion of Needlepoint Road in Hams County, Texas (Hunters Creek). Moody - Simmons Baytown II, Ltd., and Moody- Simmons Baytown, Ltd., are developing the property as a single - family residential subdivision. A portion of Needlepoint Road is included in the annexation. City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on December 9, 2004, following publication in The Baytown Sun on November 26, 2004 and posting on the City's web site on the same date, more than ten days and less than 20 days prior to the public hearings. Upon approval on its first reading, the ordinance will be published in The Baytown Sun. The final reading may be held 30 days after the ordinance is passed on its first reading and published. Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Page 3 of 7 Minutes of the Special Session — December 29, 2004 Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 140 ACRES OF LAND LOCATED IN THE WILLIAM BLOODGOOD SURVEY, A -4, AND THE J. P. SJOLANDER SURVEY, A -1644, SOUTH OF NEEDLEPOINT ROAD AND EAST OF SJOLANDER ROAD AND THE ADJACENT PORTION OF NEEDLEPOINT ROAD IN HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 041229 -3, approving final payment and releasing the retainage to the Spigener Corporation and accepting the Baytown Community Center Renovations Project. Proposed Ordinance No. 041229 -3 authorizes final payment and release of retainage, in the amount of $78,486.78, and accepts the Baytown Community Center Renovations Project. The original contract amount, awarded to the Spigener Corporation, was $1,472,935. Change Order Nos. 1 through 7 totaled $102,641.06, resulting in a final contract amount of $1,575,576.06. This is a 6.51% increase in the overall project cost. City staff is currently working with the architect to settle disputes over possible errors and omissions, which staff believes caused some of these change orders. The change orders were not the fault of the contractor. Therefore, staff recommends that Council approve the final payment and release of the retainage to the contractor so that the sub - contractors may be paid. The original contract duration was 270 calendar days and the notice to proceed was issued to the contractor on January 9, 2004. The project was substantially complete on August 2, 2004, for a duration of 207 calendar days. The temporary Certificate of Occupancy was issued on September 13, 2004, for a duration of 249 calendar days. The contractor finished the project within the allotted time and the workmanship was satisfactory. Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Page 4 of 7 Minutes of the Special Session — December 29, 2004 ORDINANCE NO. 9975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAYTOWN COMMUNITY CENTER RENOVATIONS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY -EIGHT THOUSAND FOUR HUNDRED EIGHTY -SIX AND 78/100 DOLLARS ($78,486.78); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0412294, authorizing an earnest money contract with the Diocese of Galveston- Houston and the Scanlan Foundation for the purchase of 15 acres along Ward Road. Proposed Ordinance No. 041229 -4 authorizes an earnest money contract with the Diocese of Galveston- Houston and the Scanlan Foundation for the purchase of 15 acres along Ward Road for the development of new baseball fields. This has been a long -term project, whereby the City (i) was involved in discussions with the property owners for over a year to acquire the property; (ii) was involved in negotiating a long -term maintenance agreement with the East Little League for approximately eight months thereafter; and (iii) has authorized an earnest money contract for the purchase of the property which has expired. This proposed ordinance approves another earnest money contract in which the City will again offer to purchase the property for $200,000, based upon the most recent appraisal. The proposed contract is essentially the same as the one the City Council approved on November 23, 2004, but extends the expiration and the closing dates. The proposed agreement will expire if not executed by both the Diocese of Galveston- Houston and the Scanlan Foundation by February 14, 2005. The closing date, according to the proposed contract, is March 25, 2005. Council Member Sheley moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY AGREEMENT WITH THE DIOCESE OF GALVESTON - HOUSTON AND THE SCANLAN FOUNDATION FOR THE PURCHASE OF 15 ACRES ALONG WARD ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 7 Minutes of the Special Session — December 29, 2004 Consider approving plans and specifications and authorizing advertisement for bids for the Steinman Sanitary Sewer Rehabilitation Project, Phase H. The scope of work includes the construction of approximately 7,680 linear feet of sanitary sewer lines in the Steinman Lift Station service area, primarily utilizing the pipe- bursting method. The estimated construction cost for the project, which includes a 10% contingency, is $503,300. The allotted construction duration for the project is 140 calendar days. Funding is available from the 2004 Certificates of Obligation. Council Member Murray moved approval of plans and specifications for the Steinman Sanitary Sewer Rehabilitation Project, Phase II, and authorization for advertisement for bids. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consider approval of City Manager's appointment of City Librarian. Mr. Jackson announced his appointment of Katherine Brown as City Librarian. Ms. Brown earned a Bachelor of Arts degree in English from Louisiana Tech and a Master of Science in Library Science from Louisiana State University. She has over 34 years of related experience with 9 years as a Library Director. She is currently serving as the Lincoln Parish Library Director. The proposed starting date is January 31, 2005. Council Member Mahan moved approval of the appointment of Katherine Brown as City Librarian. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consider extension of the interim Municipal Judges' contracts. Consider extension of the interim Municipal Judges' contracts. Judge Bailey has notified the City that he will not extend his contract for services. The contracts for the other two interim Municipal Judges, Kelly Benavides and Andy Helms, expire on December 31, 2004. The proposed extension is through February 14, 2005. If no action is taken, no person will be under contract to preside over Municipal Court after December 31, 2004. Council Member Sheley moved extension of the interim Municipal Judges' contracts. Council Member Mahan seconded the motion. The vote follows: Page 6of7 Minutes of the Special Session — December 29, 2004 Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Discuss and take appropriate action regarding the selection process for the Municipal Court Judges. The following person registered to speak to Council concerning the selection process for the Municipal Court Judges: Reba Eichelberger, 2008 Oak Shadows Ms. Eichelberger expressed concern that Council was not requiring an attorney be selected as Municipal Judge. She referenced the Texas Government Code, which requires that the judge of a municipal court of record be an attorney. Council Member Murray noted that the Baytown Municipal Court is not a court of record. Mayor Mundinger explained that the ad hoc committee on Municipal Judges has scheduled a meeting with the Human Resources Director, Alison Smith, to select a limited number of candidates for Council to consider. He proposed that a special Council meeting be called between the regular meetings of January 13 and January 27. Interviews of candidates would be conducted during the special meeting. The ad hoc committee will work with staff to develop a list of questions for the interviews. The Council discussed the submission of information and questions related to the selection process to the ad hoc committee. Mayor Mundinger stated that guidance from staff will be sought. City Manager's Report. City Manager Jackson reminded Council of the selection process for streets to be rehabilitated under the Street Maintenance Sales Tax and requested that Council submit their selections by January 13, 2005. Mr. Jackson stated that 2004 had been a busy year. Many difficult issues were brought to Council and he commended Council for working through those issues. He expressed his best wishes for the New Year. Page 7 of 7 Minutes of the Special Session — December 29, 2004 Adjourn. Council Member Murray moved that the meeting adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:10 p.m. z2" xin Gky W. Smith City Clerk 51