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2005 02 24 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 24, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on February 24, 2005, 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 G. Ward Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Renteria 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 Ward 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 February 10, 2005. Council Member Mahan moved approval of the minutes of the work session and regular meeting held on February 10, 2005. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Sheley, and Ward.. Mayor Mundinger. Nays: None. Council Member Anderson abstained. The motion carried. Citizen communications: Juanita Taylor, 1802 W. Gulf, and Kathie Smith, 2004 Texoma, requested street repairs in the Central Heights subdivision. Page 2 of 13 Minutes of the Regular Session — February 24, 2005 Administration of oath of office for Municipal Court Judge and Associate Municipal Court Judges. City Attorney Ignacio Ramirez, Sr. administered the oath of office to Julie Escalante, Municipal Court Judge, and to Michael Mark and O'Shea Spencer, Associate Municipal Court Judges. Mayor Mundinger recognized the families of the new judges present to witness the administration of the oaths of office. Receive the 2004 Racial Profiling Report. This item was not ready for consideration. Consider Proposed Ordinance No. 050224 -1, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being 12.1300 acres of land in the George C. Davis Survey, Abstract 1472, Harris County, Texas located southeast of the intersection of Interstate Highway 10 and North Main Street (Bayview). Commercial Investment Services is developing the property as multifamily housing. City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on January 27, 2004, following publication in The Baytown Sun on January 13, 2005, and posted on the City's web site on the same date, more than ten days and less than 20 days prior to the public hearings. This ordinance if approved on its first reading, will be published in The Baytown Sun on February 28, 2005. The second and final reading may be held after 30 days following its first publication. Staff retained the services of Val Perkins and Randall Strong because of the request by Council for a second legal opinion regarding Council's discretion in the annexation process. Mr. Strong, who represented the City during the single- member district litigation in the late 1980's, informed Council that there was little authority on the question. He said that Council may choose not annex an area due to the lack of ability to provide services, i.e., because of the lack of sewer capacity, and/or police and fire protection. This is a legislative function with broad discretion, which is rarely overturned unless the decision not to annex appears to be arbitrary. Mr. Strong reminded Council that the Voting Rights Act governs its actions and that the U.S. Department of Justice closely watches both annexations and refusals to annex. He cited a case in which the reasons not to annex a property were viewed by the Justice Department as pretextual and therefore, discriminatory. He stated that the City must establish that there is no discriminatory intent or affect if it chooses not to annex property. The City must also have factual support of its decision, such as negative impact, which must be a part of the service plan. The City must be consistent in its actions and use the same criteria for all annexations. If the City is not consistent, it will be viewed by the Department of Justice as discriminatory. In response to a question from Council regarding sewer capacity for this particular property, Fred Pack, Public Services Director, informed Council that the West District Wastewater Treatment Plant would service this property, and there is capacity available. Page 3 of 13 Minutes of the Regular Session — February 24, 2005 City Attorney Ramirez informed Council that a legal opinion had been obtained from the Texas Municipal League and TML counsel concurred with Mr. Strong's conclusion. TML's counsel reiterated the need for consistency throughout all annexation processes. City Manager Jackson noted that the 2005 Texas Department of Housing and Community Affairs assessment of the City revealed an Affordable Housing Need Score of six out of a possible seven. Council Member Sheley moved adoption of the proposed ordinance. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10013 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 12.1300 ACRES OF LAND IN THE GEORGE C. DAVIS SURVEY, ABSTRACT 1472, HARRIS COUNTY, TEXAS, LOCATED SOUTHEAST OF THE INTERSECTION OF INTERSTATE HIGHWAY 10 AND NORTH MAIN STREET; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 050224 -2, approving Change Order No. 2, approving final payment to Angel Brothers Enterprises, LTD, and accepting the Hardin Road Drainage and Roadway Reconstruction Project. Proposed Ordinance No. 050224 -2 approves balancing Change Order No. 2 to adjust final quantities, approves final payment of $40,972.95 to Angel Brothers Enterprises, LTD, and accepts the Hardin Road Drainage and Roadway Reconstruction project. The original contract was awarded to Angel Brothers Enterprises, LTD for $805,766 and the contract duration was 150 calendar days. Change Order No. 1 was a deduct change order for reimbursement of excess pavement reinforcement in the amount of $21,764, reducing the contract price to $784,002. Change Order No. 1 was approved administratively. Change Order No. 2 is a balancing change order and reduces the final contract amount by $30,484.88 to $753,567.12, which represents a 6.48% cost savings. The cost savings was largely due to an adjustment of final quantities on various bid items. The contractor substantially completed the project within the allotted time and the workmanship was satisfactory. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray 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 13 Minutes of the Regular Session — February 24, 2005 ORDINANCE NO. 10014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES, LTD., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE HARDIN ROAD DRAINAGE AND ROADWAY RECONSTRUCTION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY THOUSAND NINE HUNDRED SEVENTY -TWO AND 95/100 DOLLARS ($40,972.95) TO ANGEL BROTHERS ENTERPRISES, LTD., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050224 -3, authorizing the City Manager to execute a contract through the Texas Cooperative Purchasing Network for roof replacement, reconstruction of exterior siding and associated weatherproofing and repair of the Bayland Island Ship Store. Proposed Ordinance No. 050224 -3 authorizes the City Manager to execute a contract through the Texas Cooperative Purchasing Network (TCPN) in the amount of $198,882, to Weatherproofing Technologies, Incorporated, for roof replacement, reconstruction of exterior siding and associated weatherproofing and repair at the Bayland Island Ship Store. Funding for the project is from the settlement proceeds from a lawsuit concerning the construction of the restaurant and ships store buildings. This project was bid through TCPN, an organization similar in function to H -GAC. Council Member Anderson moved adoption of the proposed ordinance. Council Member Ward seconded the motion. In response to questions from Council, Deputy City Manager Leiper explained that a significant cost savings had been realized through a redesign of the original plans. He said that rather than removing the outer covering and replacing it with hardy plank, the building walls will be encapsulated with vertical siding over water - proofing. The roof will be replaced and the windows sealed in place. He noted that the project had been bid through the Texas Cooperative Purchasing Network. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THROUGH THE TEXAS COOPERATIVE PURCHASING NETWORK WITH WEATHERPROOFING TECHNOLOGIES, INCORPORATED, FOR ROOF REPLACEMENT, RECONSTRUCTION OF EXTERIOR SIDING AND ASSOCIATED WEATHERPROOFING AND REPAIR AT THE BAYLAND ISLAND SHIP STORE; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED NINETY EIGHT THOUSAND EIGHT HUNDRED EIGHTY -TWO AND NO /100 DOLLARS ($198,882.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 13 Minutes of the Regular Session — February 24, 2005 Consider Proposed Ordinance No. 0502244, authorizing an Interlocal Agreement with the Baytown Municipal Development District to provide funding for the design of the North Main Street and Alexander Drive Signalization Project. Proposed Ordinance No. 050224 -4 approves an Interlocal Agreement with the Baytown Municipal Development District to provide funding for the design of the North Main Street and Alexander Drive Traffic Signal Synchronization Project. It is necessary to establish a mechanism for the payment of the necessary funds for design of the project. The maximum funding approved in the agreement for the project design is $478,382. This agreement is similar to agreements previously approved for joint projects and will be considered by the MDD at their next meeting. Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10016 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 OF THE NORTH MAIN STREET AND ALEXANDER DRIVE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050224 -5, awarding a professional services contract for the design of the North Main Street and Alexander Drive Traffic Signal Synchronization Project. Proposed Ordinance No. 050224 -5 awards a professional services contract, in an amount not to exceed $449,000, to Klotz Associates, Inc., for the design of the North Main Street and Alexander Drive Traffic Signal Synchronization Project. The compensation for basic services will not exceed $449,000. The additional services of $24,000 will be necessary to assess the traffic signal poles and possibly re- cabling and new conduit. The reimbursable expenses shall not exceed $2,000. The basic services include Congestion Mitigation and Air Quality Improvement (CMAQ) application assistance for funding the construction project through H -GAC. If CMAQ funding is secured, the professional services contract will need to be amended to meet federal and state guidelines required by the CMAQ program. Essentially, the design package will need to be revised for the CMAQ effort. This project funding is contingent on approval of an Interlocal Agreement with the Baytown Municipal Development District. Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray seconded the motion. In response to questions from Council, Kevin Tyre and Tom Ramsey, Klotz Associates, Inc., said that Congestion Mitigation Air Quality funds will be sought from Houston - Galveston Area Council. Regarding the light synchronization, Mr. Tyre informed Council that during low traffic volume times, i.e., 2:00 a.m., the lights will run on a loop detection, ensuring a quick response for a vehicle on a side street waiting for the light to change. Page 6 of 13 Minutes of the Regular Session — February 24, 2005 The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10017 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 KLOTZ ASSOCIATES, INC., FOR THE DESIGN OF THE NORTH MAIN STREET AND ALEXANDER DRIVE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($475,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050224 -6, awarding the construction contract for the Cedar Bayou Road Drainage Project. Proposed Ordinance No. 050224 -6 awards the construction contract, in the amount of $66,934.10, to Paula Construction, Inc., for Cedar Bayou Road Drainage Project. Paula Construction is the apparent lowest responsible bidder. The scope of work includes the installation of a standard five -foot storm inlet on the north side of Cedar bayou Road and the installation of approximately 60 linear feet of reinforced concrete pipe as well as 635 linear feet of high density polyethylene pipe. The proposed storm sewer will outfall into a tributary of Cedar Bayou. The purpose of the project is to prevent localized flooding during rainfall events in the vicinity of Cedar Bayou Junior School. The construction duration for the project is 60 calendar days and the project will be funded by 2004 General Obligation bonds and the Capital Drainage Fund. Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10018 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 PAULA CONSTRUCTION, INC., FOR THE CEDAR BAYOU ROAD DRAINAGE PROJECT; AUTHORIZING PAYMENT OF THE SUM OF SIXTY -SIX THOUSAND NINE HUNDRED THIRTY -FOUR AND 10 /100 DOLLARS ($66,934.10); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 13 Minutes of the Regular Session — February 24, 2005 Consider Proposed Ordinance No. 050224 -7, approving balancing Change Order No. 1, to approve i final payment to PM Construction for work completed in Work Order No. 5, and to accept the 2004 Annual Sanitary Sewer Rehabilitation project. Proposed Ordinance No.050224 -7 approving balancing Change Order No. I in the amount of $4,027.18, approves final payment of $135,384.19 for work completed in Work Order No. 5 to PM Construction, Inc., and accepts the 2004 Annual Sanitary Sewer Rehabilitation project. The project consisted of five work orders that are completed and balanced out individually by administration. Change Order No. 1 reflects the over -all balancing of the five individual work orders. The original contract was awarded to PM Construction for $999,608.15 and the final contract amount was increased by 0.4% for an adjusted contract amount of $1,003,635.33. The contractor's workmanship was satisfactory and each work order was completed within the assigned time limits. This project was funded by 2003 Certificates of Obligation. Council Member Sheley moved adoption of the proposed ordinance. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carved. ORDINANCE NO. 10019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO WORK ORDER NO. 5 WITH PM CONSTRUCTION & REHAB, L.P., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE 2004 ANNUAL SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED THIRTY -FIVE THOUSAND THREE HUNDRED EIGHTY -FOUR AND 19 /100 DOLLARS ($135,384.19) TO PM CONSTRUCTION & REHAB, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050224 -1a, denying consent to the inclusion of 120.0428 acres into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City. Consider Proposed Resolution No. 050224-lb, granting consent to the inclusion of 120.0428 acres into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City. These items were not ready for consideration. Consider Proposed Resolution No. 050224 -2, authorizing the City Manager to apply for the Justice Assistance Grant for 2005. Proposed Resolution No. 050224 -2 authorizes the City Manager to apply for the Justice Assistance Grant from U. S. Department of Justice for 2005. The grant will potentially provide $27,651 for neighborhood patrol and firearms training. Page 8 of 13 Minutes of the Regular Session — February 24, 2005 The grant application requires that it must be made available to the governing body for review and that the application or any future amendment be made public and an opportunity to comment be provided to the citizens. This agenda item will afford citizens that opportunity. The resolution also authorizes the City Manager to take further actions required to accept any grant awarded. Council Member Ward moved adoption of the proposed resolution. 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. RESOLUTION NO. 1699 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR FISCAL YEAR 2005 GRANT FUNDS FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMOUNT OF TWENTY -SEVEN THOUSAND SIX HUNDRED FIFTY -ONE AND N01100 DOLLARS ($27,651.00); 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. Consider approving the streets proposed in Work Order #1 for the mill/base repair and overlay project in the street maintenance sales tax program. City Manager Jackson reminded Council that this item had been discussed at the February 10, 2005 City Council work session, that subsequent to that discussion, the list of streets had been submitted for Council approval, so that the bid could be awarded at the next regular meeting on March 10, 2005. Council Member Anderson moved approval of the streets proposed in Work Order #1 for the mill/base repair and overlay project in the street maintenance sales tax program. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Page 9 of 13 Minutes of the Regular Session — February 24, 2005 Discuss and take appropriate action relating to the televising of City Council meetings. Council engaged in extensive discussion of the need for policies and a code of conduct and enforcement of the same, the need for open government, the possible negative impact televising meetings could have, such as grandstanding by Council Members during election time, citizens using it as a forum to further non - relevant agendas or to criticize City staff, the fact that televising meetings would increase the length of meetings, that televising could have a negative impact upon those citizens too shy to appear before a camera, other uses for the channel, such as emergency broadcasts, whether other cities that televise meetings are enthusiastic about the program, the need and ability to regulate the citizens' input, the projected costs of the project, and which meetings (City Council, Boards and Commissions) would be broadcast. Council Member Murray moved to table the time until the regular Council meeting on March 24, 2005, but withdrew his motion. City Manager Jackson suggested that staff develop policies and procedures related to televising meetings and bring them to Council for consideration at a future meeting. Council Member Murray moved to direct staff to develop policies and procedures related to televising meetings for Council's consideration. 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. Consent Agenda a. Proposed Ordinance No. 050224 -8 awards the bid, in the amount of $61,092.48, to J. R. R. Service Cleaning for the janitorial services contract. Invitations to bid were sent to fifteen (15) contractors and seven (7) responses and two no -bids were received. This contract provides services for thirteen (13) locations throughout the City. b. Proposed Ordinance 050224 -9 authorizes a joint election agreement with Goose Creek Consolidated Independent School District for the general election to be held on the 7`h day of May 2004. Early voting will take place at two locations, City Hall and the School Administration Building. Tabulation of ballots will occur at the same location, the School Administration Building. The City and School District will share the cost of personnel for common polling places and training. This will reduce the cost for the election for both entities. C. Proposed Resolution 050224 -3 appoints the election officials for the May 7, 2005 general election. The proposed election officials have agreed to serve for the election. Detailed training will be provided through an election school held prior to the election. The City is working to hold a joint election with the School District. When the City and School District elections will be held in the same precinct, the same polling places will be used and the same persons will serve as judge and alternate judge for each entity's election. Each judge who has volunteered to serve has previous experience either in conducting a City election or in conducting an election using the eSlate equipment. Page 10 of 13 Minutes of the Regular Session — February 24, 2005 d. Proposed Resolution No. 050224 -4 cancels the Council meeting scheduled for the fourth Thursday of March 2005 and calls a special Council meeting on Thursday, March 24, 2005 at 4:30 p.m. This scheduling avoids conflicts with Maundy Thursday services. e. This item was removed for separate consideration. Council Member Sheley moved adoption of the consent agenda, items a through d. 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. 10020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF J.R.R. SERVICE CLEANING FOR THE ANNUAL JANITORIAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -ONE THOUSAND NINETY -TWO AND 48/100 DOLLARS ($61,092.48); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE GENERAL ELECTION TO BE HELD ON THE 711, DAY OF MAY 2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NAMING THE ELECTION OFFICIALS FOR THE GENERAL AND SPECIAL ELECTIONS OF THE CITY OF BAYTOWN, TEXAS, TO BE HELD ON MAY 7, 2005; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON THURSDAY, MARCH 24, 2005, AT 4:30 P. M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON THURSDAY, MARCH 24, 2005, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 11 of 13 Minutes of the Regular Session — February 24, 2005 Item e. was removed from the consent agenda and considered separately: e. Proposed Resolution No. 050224 -5 requests the sheriff or constable to sell the property located at 1818 Maryland Street, Baytown, Hams County, Texas, at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction at the courthouse door of the county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As such, it is believed that this process will provide the City an efficient mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life throughout the City. This resolution authorizes the sale of the following property: Property address: Legal description: Number and style of suit: Date of tax foreclosure sale The right of redemption improvements. 1515 Maryland Street, Baytown, Texas Lot 9, Block 3; Leger Cause No. 1997- 36932; City of Baytown v. William Pillow; In the 801h Judicial District Court, Hams County, Texas March 6, 2001 has expired on this property. This property contains no Council Member Sheley moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. Council Member Mahan abstained and did not participate in the consideration of the item. The motion carried. RESOLUTION NO. 1702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 1818 MARYLAND STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider confirmation of City Manager's appointments to the Baytown Library Board. The terms of Fritz Lanham, Steve Ellis, Gary Englert, and Pamela Medellin will expire on March 1, 2005. Dr. Medellin has served three teams and is not eligible for reappointment. Mr. Lanham, Mr. Ellis, and Mr. Englert have each agreed to serve if the City Manager's reappointment of them is confirmed by City Council. Page 12 of 13 Minutes of the Regular Session — February 24, 2005 During the most recent term, Mr. Lanham attended 9, Mr. Ellis attended 9, and Mr. Englert attended 8 of the 10 meetings held. City Manager Jackson informed Council that he will present an appointee to fill the vacancy that will be left when Dr. Medellin's term expires for confirmation by Council at the next regular meeting on March 10, 2005. Council Member Murray moved confirmation of the City Manager's appointments of Fritz Lanham, Steve Ellis, and Gary Englert to the Baytown Library Board. 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. Consider appointments to the Urban Rehabilitation Standards Review Board. The terms of Tom Hard, Interested Citizen, Joe Frank Robins, Interested Citizen, and David Mohlman, Social or Welfare Worker, expired on March 1, 2004. The terms of William Gidley, Mortgage Loan Banker, W. A. McElhannon, Registered Engineer, William J. Reineke, Interested Citizen, and Tom Hughes, Building Contractor will expire March 1, 2005. The terms of office are for two years. Each has agreed to serve if reappointed by Council. During the most recent term, Mr. Hard attended 23, Mr. Robins attended 14, Mr. Mohlman attended 17, Mr. Gidley attended 20, Mr. McElhannon attended 19, Mr. Reineke attended 24, and Mr. Hughes attended 19 of the 24 meetings held. Messrs. Hard, Robbins, and Mohlman new terms will expire on March 1, 2006. The new terms of Messrs. Gidley, McElhannon, Reineke, and Hughes will expire on March 1, 2007. Council Member Sheley moved appointment to the Urban Rehabilitation Standards Review Board of Messrs. Hard, Robbins, and Mohlman, terms to expire March 1, 2006, and Messrs. Gidley, McElhannon, Reineke, and Hughes, terms to expire on March 1, 2007. 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. City Manager's Report. City Manager Jackson announced the retirement of Finance Director Donna Sams, effective February 28, 2005. He said that she had been a valuable member of staff who would be sorely missed. Ms. Sams received a standing ovation by those present. Page 13 of 13 Minutes of the Regular Session — February 24, 2005 Ms. Sams informed Council that she had enjoyed her ten -year tenure with the City and intended to remain active in the community. Adjourn. Council Member Anderson moved that the meeting adjourn. Council Member Murray 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 8:02 p.m. Gar¢'W. Smith City Clerk * *",�