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2005 08 11 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 11, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 11, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Brandon Capetillo Sammy Mahan Don Murray Scott Sheley Calvin Mundinger Gary M. Jackson Kelvin Knauf 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 Assistant City Manager Deputy City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Sheley led the pledge of allegiance and offered the invocation. Mayor Mundinger read a proclamation recognizing Keitha Byrd as the recipient of the Presidential Volunteer Service Award for her exemplary volunteer services in educational research in the community, after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on July 28, 2005. Council Member Mahan moved approval of the minutes of the July 28, 2005. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Sheley.. Mayor Mundinger. Nays: None. The motion carried. Council Member Capetillo abstained. Consider approval of minutes of the work session held on August 1, 2005. Consider approval of minutes of the work session held on August 2, 2005. Consider approval of minutes of the work session held on August 3, 2005. Page 2 of 20 Minutes of the Regular Session — August 11, 2005 Council Member Murray moved approval of the minutes of the work sessions held on August 1, August 2, and August 3, 2005. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Citizen Communication: James Robertson, 1718 Carolina, to speak in reference to the sale of alcoholic beverages in public places. Mr. Robertson did not appear to address Council. Consider Motion to Reconsider Ordinance No. 10,031 adopted on March 10, 2005, which amended Chapter 70 "Parks and Recreation," Section 70-8 "Alcoholic beverages," of the Code of Ordinances of the City of Baytown, Texas, to permit the possession and consumption of alcoholic beverages in parks during designated City sponsored or co- sponsored special events or festivals. Council's Rules of Procedure require that Council approve the reconsideration of this item before action can be taken. Council Member Anderson moved to reconsider action taken on March 10, 2005 which amended Chapter 70 "Parks and Recreation," Section 70 -8 "Alcoholic beverages," of the Code of Ordinances of the City of Baytown, Texas, to permit the possession and consumption of alcoholic beverages in parks during designated City sponsored or co- sponsored special events or festivals. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carved. Consider Proposed Ordinance No. 050811 -01a, amending Chapter 70 "Parks and Recreation," Section 70 -8 "Alcoholic beverages," of the Code of Ordinances of the City of Baytown, Texas, to prohibit the possession and consumption of alcoholic beverages in parks, except in Bayland Park. Page 3 of 20 Minutes of the Regular Session — August 11, 2005 , Consider Proposed Ordinance No. 050811 -01b, ratifying Ordinance No. 10,031 which amended Chapter 70 "Parks and Recreation," Section 70 -8 "Alcoholic beverages," of the Code of Ordinances of the City of Baytown, Texas, to permit the possession and consumption of alcoholic beverages in parks during designated City sponsored or co- sponsored special events or festivals. The following person registered to speak to Council concerning the amendment to Chapter 70, "Parks and Recreation," Section 70 -8 Alcoholic beverages," of the Code of Ordinances of the City of Baytown, Texas and yielded his time to Brad Hoffman: H. C. Ball. Brad Hoffmann, 600 W. Sterling Reverend Hoffinann spoke in opposition to allowing the possession and consumption of alcoholic beverages in parks. Mary Fleming, 4802 St. Andrews Ms. Fleming spoke in opposition to allowing the possession and consumption of alcoholic beverages in parks. Billv Barnett, No. 8 Bay Villa Mr. Barnett spoke in favor of allowing the possession and consumption of alcoholic beverages in parks, for qualifying events. Mark Tiller, 3011 Forest Gate Mr. Tiller spoke in opposition to allowing the possession and consumption of alcoholic beverages in parks. Danny Bezet,1609 Sierra Drive Mr. Bezet spoke in opposition to allowing the possession and consumption of alcoholic beverages in parks. There was lengthy discussion regarding the advantages and disadvantages of allowing the possession and consumption of alcoholic beverages in parks. Council Member Anderson moved adoption of Proposed Ordinance No 050811 -01 a. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Page 4 of 20 Minutes of the Regular Session — August 11, 2005 ORDINANCE NO. 10,120 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 70 "PARKS AND RECREATION," SECTION 70 -8 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY PARKS, EXCEPT IN BAYLAND PARK; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050811 -02, clarifying that Section 1 of Ordinance No. 10,035 passed by the City Council of the City of Baytown, Texas, on March 10, 2005, pertained to the 2005 Long Neck Wildlife Festival only. Section 1 of such ordinance authorized the Long Neck Wildlife Festival as an event qualified for the sale, possession, and consumption of alcoholic beverages on public streets, public alleys, and public sidewalks located within 1,000 feet of a public school, pursuant to Section 101.75 (b) of the Texas Alcoholic Beverage Code. This action was taken prior to the alcohol sales moving to N. C. Foote Park/City Hall and the street portion was not utilized for alcohol sales at the 2005 event. This proposed ordinance clarifies that only the 2005 Long Neck Wildlife Festival was so authorized as a qualifying event. The following person registered to speak to Council concerning this ordinance. Cecil Morgan, 2410 Morning Mr. Morgan spoke in opposition to the sale of alcoholic beverages at the Longneck Wildlife Festival or in any City parks. Mayor Mundinger thanked the Longneck Wildlife Festival board for their efforts toward the festival. Council Member Mahan moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,121 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, CLARIFYING THAT SECTION 1 OF ORDINANCE NO. 10,035 PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON MARCH 10, 2005, PERTAINED TO THE 2005 LONG NECK WILDLIFE FESTIVAL ONLY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 20 Minutes of the Regular Session – August 11, 2005 The attendance at the meeting of former Council Member Coleman Godwin was recognized by Council. Consider Proposed Resolution No. 050811 -01a, maintaining the current alignment for the street layout for Texas Avenue. Consider Proposed Resolution No. 050811 -01b, selecting the alignment for the redesign of the street layout for Texas Avenue (parallel parking). Consider Proposed Resolution No. 050811 -01c, selecting the alignment for the redesign of the street layout for Texas Avenue (22.5 deg. angled parking —both sides). Consider Proposed Resolution No. 050811 -01d, selecting the alignment for the redesign of the street layout for Texas Avenue (60 deg. angled parking —one side). Consider Proposed Resolution No. 050811 -01e, selecting the alignment for the redesign of the street layout for Texas Avenue (45 deg. angled parking and parallel parking). Consider Proposed Resolution No. 050811 -01f, selecting the alignment for the redesign of the street layout for Texas Avenue (parallel parking with 3' curb access —both sides). Consider Proposed Resolution No. 050811 -01 g, selecting the alignment for the redesign of the street layout for Texas Avenue (stripe down the middle, not delineated parking, except for disabled). Proposed Resolution No. 050811- 01(a -g) selects the alignment for the proposed redesign of street layout for Texas Avenue. Traffic Engineers, Inc., evaluated the traffic operations of Texas Avenue street and parking configuration between Pruett Street and Commerce Street. On April 12, 2005 and May 9, 2005, City staff and Traffic Engineers, Inc., held public meeting to receive public input on the redesign of the layout of Texas Avenue. Traffic Engineers, Inc., provided several options to be considered for the redesign. One specific proposal ( "c" below) provided 22.5 degree angle parking on both sides of Texas Avenue and was favored by the transportation consultant and the majority of those in attendance at the meeting. Traffic Engineers, Inc., offered the following options: a. Maintain current alignment, b. Restripe Texas Avenue removing the curved roadway design to allow parallel parking, C. Restripe Texas Avenue removing the curved roadway design to allow for 22.5 degree angled parking on both sides of the street, d. Restripe Texas Avenue removing the curved roadway design to allow for 60 degree angled parking on one side of the street, or e. Restripe Texas Avenue removing the curved roadway design to allow for a combination of 45 degree angled and parallel parking spaces, or f. Restripe Texas Avenue removing the curved roadway design to allow parallel parking with a 3' curb – access space on both sides of the street. g. Restripe Texas Avenue removing the curved roadway design to provide a stripe down the center of the street and no delineated parking, other than handicapped. Page 6 of 20 Minutes of the Regular Session — August 11, 2005 Additional meetings have been held although it is not clear any alignment is acceptable to all parties. The following person registered to speak to Council regarding this ordinance: Chris Warford, 3601 La Reforma Dr. Warford spoke in support of Proposed Resolution No 050811 -01c. He said it would be the safest way for his patients to gain access to his office. He said that parallel parking would have a detrimental effect on business on Texas Avenue. Council Member Murray moved adoption of Proposed Resolution No 050811 -01c. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE REDESIGN OF THE STREET LAYOUT OF TEXAS AVENUE AS PROPOSED BY TRAFFIC ENGINEERS, INC., WHICH INCLUDES THE RE- STRIPING OF TEXAS AVENUE TO REMOVE THE CURVED ROADWAY DESIGN AND TO ALLOW FOR 22.5 DEGREE ANGLED PARKING ON BOTH SIDES OF THE STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050811 -03, the first reading of the Ordinance annexing property currently within the extra - territorial jurisdiction of the City of Baytown and being approximately 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & R.R.), Abstract 1224, a part of Lots 11 and 12, Block 21, Highland Farms Addition, and a part of Lots 14, 15, and 16, Block 7, East End Addition to Highland Farms, Harris County, Texas located east of Garth Road between Lynchburg -Cedar Bayou Road and South Road in Harris County, Texas (Coon's). CAI, LP., proposes a commercial development. City Council approved a petition to annex this property. In accordance with state law, two public hearings were held on the proposed annexation on July 14, 2005, following publication in The Baytown Sun on June 30, 2005, and posted on the City's web site on June 28, 2005, 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 Sheley seconded the motion. The vote follows: Page 7 of 20 Minutes of the Regular Session — August 11, 2005 Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,122 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 8.3957 ACRES OF LAND IN THE ED T. SCHAFFER SURVEY (W.C. & R.R.), ABSTRACT 1224, A PART OF LOTS 11 AND 12, BLOCK 21, HIGHLAND FARMS ADDITION, AND A PART OF LOTS 14,15 AND 16, BLOCK 7, EAST END ADDITION TO HIGHLAND FARMS, HARRIS COUNTY, TEXAS, LOCATED EAST OF GARTH ROAD BETWEEN LYNCHBURG -CEDAR BAYOU ROAD AND SOUTH ROAD, 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. 050811 -04, approving Change Order No. 3 to the contract with LEM Construction Co., Inc., for East District Wastewater Plant renovations project. This change order includes two major items. In order to complete the work in the treatment trains and to provide operational capabilities at the plant, ball valves are needed on the 220 air drops at Treatment Train No. 2. In addition, in order to comply with TCEQ requirements to measure the return activated sludge from Clarifiers No. 2 and 3, four two -inch rotometers must be installed on the air feed lines. Two prior change orders were approved administratively for a total sum of $23,656.95. Change Order No. 1 in the amount of $10,359.95 was for the replacement of knee brace pipe supports within Treatment Train No. 1. Change Order No. 2 in the amount of $13,297 was for replacing a leaking eight -inch WAS pipe and painting of two other pipes and a scum box. The original contract amount was $1,870,300 and Change Order Nos. 1 & 2 increased this amount by $23,656.95 for an adjusted contract amount of $1,893,956.95. Change Order No. 3 increases the contract amount by $43,682.04 for a revised contract price of $1,937,638.99. Change Order No. 2 added 30 calendar days to the contract duration while this change order adds another 140 days for a total of 555 calendar days. Funding for this project is from the 2002 Certificates of Obligation and interest earnings on the 1991 bond program. Council Member Anderson moved adoption of the proposed ordinance. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. Page 8 of 20 The motion carried. Minutes of the Regular Session — August 11, 2005 ORDINANCE NO. 10,123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH LEM CONSTRUCTION CO., INC., FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT RENOVATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -THREE THOUSAND SIX HUNDRED EIGHTY -TWO AND 04/100 DOLLARS ($43,682.04); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050811 -05, awarding a professional services agreement for the West District Wastewater Treatment Plant Expansion Project. Proposed Ordinance No. 050811 -05 authorizes a professional services agreement to SCL Engineering, L.L.C., (SCL) for the West District Wastewater Treatment Plant (WWTP) Expansion Project in the amount of not to exceed $752,855. There is currently $1,000,000 budgeted for this project and a total of $1,890,505 is needed to carry it through construction. In light of the limited funding, the scope of work will consist of providing design services to the 50% completion stage for the expansion of the plant, the new pumping station (PS), and force main (FM). However, the scope of work within the contract will include all necessary items to the 100% level as well as construction management and inspection services during the construction phase. Funding and authorization will only be authorized for 50% design completion. The contract includes a basic services component, as well as a contingent basic services item. The basic services component will carry the contract through 50% design completion. As additional funds are appropriated, the City will have the option to authorize SCL to proceed with the contingent basic services to complete the design to the 100% level. The total amount for basic services will be $556,270 and the contingent basic services will be $170,059. The reimbursable expenses associated with basic services are $21,424 and $5,102 for the contingent basic services. The total contract amount is $752,855. The 50% design package is anticipated to take approximately nine months to complete. Additional funding is proposed to be appropriated in fiscal year 2006 -2007. The fees have been evaluated and they are in line with the standard fee curves for professional engineering services. The total amount for professional services as outlined above is $752,855. The Architect and Engineer Selection Committee approved the engineering firm and the financing plan. The 1998 Certificates of Obligation will fund this project. Council Member Capetillo moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Page 9 of 20 Minutes of the Regular Session — August 11, 2005 ORDINANCE NO. 10,124 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 SCL ENGINEERING, L.L.C., FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT (WWTP) EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY -TWO THOUSAND EIGHT HUNDRED FIFTY -FIVE AND NO 1100 DOLLARS ($752,855.00) MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050811 -06, approving the purchase of an electronic marquee for Bicentennial Park. Proposed Ordinance No. 050811 -06 approves the purchase of an electronic marquee for Bicentennial Park through the Texas Local Government Purchasing Cooperative (Buy Board) from the Spectrum Corporation, in the amount of $28,338. The new sign will replace the manual marquee located at the corner of Market Street and Lee Drive that was installed in the mid 1980's. The new sign will be similar to the marquee that is located in front of Fire Station Number 1. This sign will have four lines, wireless capabilities, allowing remote operation, and will be used to announce City events. The marquee can also be used for emergency operations information. Council Member Capetillo moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10,125 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY -EIGHT THOUSAND THREE HUNDRED THIRTY -EIGHT AND NO /100 DOLLARS ($28,338.00) TO THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE FOR THE PURCHASE OF ONE (1) ELECTRONIC MARQUEE WITH FOUR LINES WITH WIRELESS CAPABILITIES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 20 Minutes of the Regular Session — August 11, 2005 Consider Proposed Ordinance No. 050811 -07, amending Chapter 18 "Buildings and Building Regulations," Article III "Electrical Code," Division 6 "Standards," Section 18- 431 "Compliance with article, electrical code and utility company specifications" of the Code of Ordinances, City of Baytown, Texas, to adopt the 2005 National Electrical Code as the electrical code for the City of Baytown and Chapter 18 "Buildings and Building Regulations," Article III "Electrical Code," Division 2 " "Electrical Board" of the Code of Ordinances, City of Baytown, Texas, to assign the duties of the Electrical Board to the Construction Board of Adjustments and Appeals, and making other conforming amendments to the Chapter. The proposed ordinance adopts the 2005 National Electrical Code (NEC) with the purpose of administering the most current electrical code available and paralleling the action of the State Electrical Safety and Licensing Advisory Board. With the creation of the State Board and State electrical licensing, the city's electrical licensing authority has been preempted, eliminating the need for municipal licensing provision within our Code of Ordinances. Furthermore, there is no longer a need for a local Electrical Board since their primary purpose was the administration of the city's electrical licensing program. Consolidation of the duties of the Electrical Board with the duties of the Construction Board of Adjustments and Appeals will still afford an appeals process related to code interpretations. Other amendments are for the elimination of redundant code provision found between the NEC and the Code of Ordinances. The Electrical Board met on August 3, 2005, and acknowledged the necessity of the proposed changes. Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10126 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDING AND BUILDING REGULATIONS," ARTICLE III "ELECTRICAL CODE," DIVISION 1 "GENERALLY," SECTION 18 -156 "DEFINITIONS "; DIVISION 3 "ELECTRICAL INSPECTOR," SECTION 18 -216 "DUTIES," SUBSECTION (B), AND SECTION 18 -219 "APPEAL FROM ORDERS OF INSPECTOR"; DIVISION 4 "PERMITS AND INSPECTIONS," SECTION 18 -252 "WORK REQUIRING A PERMIT," SECTION 18- 254 "APPLICATION," SUBSECTIONS (A) AND (C), SECTION 18 -255 "FEES," SUBSECTION (A), SECTION 18 -257 "ISSUANCE," SECTION 18 -261 "CONCEALED WIRING," SECTION 18 -263 "INSURANCE REQUIRED OF MASTER ELECTRICIANS FOR PERMIT ISSUANCE," SUBSECTION (A), AND SECTION 18 -266 "INSPECTION OF SIGNS "; DIVISION 5 "LICENSES," SUBDIVISION 1 "IN GENERAL," SECTION 18 -296 "REQUIRED" AND SECTION 18 -301 "ELECTRICAL WORK BY HOMEOWNER," SUBSECTION (A); SUBDIVISION IV "MAINTENANCE ELECTRICIAN," SECTION 18- 356 "SCOPE OF LICENSE "; DIVISION 6 "STANDARDS," SECTION 18 -431 "COMPLIANCE WITH ARTICLE, ELECTRICAL CODE AND UTILITY COMPANY SPECIFICATIONS," SUBSECTION (A) AND SECTION 18 -432 "TECHNICAL SPECIFICATIONS," SUBSECTION (A) OF THE CODE OF ORDINANCES BAYTOWN, •auoN :sxuN •aa8utpunW aoXnW falagS PTm `�Cn.tatuy�l `rm�Y1i `oll!ladnO `uosaapttd saagway�l ItounoO :sa�Cd :snnollo3 aloe atli, •uotlow agl papuooas ollpadnO aagwayq liounoZ) •uu•d 0£:17 lu 8utl.tnls Butlaauu youa yltnn uotlnlosaa pasodotd aril 3o uotldopn panout uosaapuy aaquuaW ltounoD 'tu'd 0£:b In ut8aq ll!A% 8utlaaut gouII -TLZ iagtualdaS `AupsanZ uo play aq of 8utlaatu lumods n ao3 los aan alna xnl aqi 8uillas pure la8pnq aql 3o uoildopd -alts gam s,AI!D aql uo palsod pun y10Z aaquzaldoS uo pogstlgnd oq Iltnn alua xul aql uo alon agl JO aotloN -Supotu Inroads n 8uunp y161 .tagtualdoS `Alopuow 103 las si olua xnl posodoad oql uo 8uusaq otlgnd puooas oqs •la8pnq pasodoid agl uo 8uuuag ailgnd atp aoj pollno uaaq suq ingl 8utlaatu lupads oql 8uunp y1S I iogwojdoS ao3 posodoid st alna xnl aql uo 8uuuaq oilgnd ;say oq1, •alup ouuns oql ao3 posodoad si olua xul oql 3o uotldopn aol s8uunag otlgnd agl 3o aolloN •uns uMOl�Cng ate ut paysllgnd saogou sins xnl �longlloa puu alua xul antloaJJa ayl army of asodoad ann Anp stuns ayl up •8utlaatu liouno0 A1t0 auln8aa aql 8uunp u18 aagutaldaS uo salna xnl vonglloa pun sins xnl antloaITa agl3o uotssttugns aludionun aM •sins xul agl pure la8png aua�C Inosg 900Z-SOOZ agl �o uogdopn ayl ao� paambaa aan lnyl sluana 3o alnpagos agl 30 luautlsnfpu paatnbaa snug Wool uotluxuZ ut glnaZ aln3S ayl of luatupuatun luaoaa aril pure loulsuQ lusivaddd �ClunoO'suauH agl utoy lloa pay!laao 0q) JO �Saanllap alnl aqs •alua xul pure la8pnq aua�C Iuosy 9002 -SOOZ aull3o uotldopn ayl of palnlaa suotlon aaylo axul pun s8uunag oilgnd Plog of `SOOZ `LZ aaguualdaS %npsanZ Pim `SOOZ `di aaguualuiaS `Anpuow `SOOZ `Si aaquualdaS `Anpsmtl,I, uo s8uulaatu ItounoO f4uD inroads slino ZO-i I80S0 'oN uoulnlosa21 pasodoad •a ;ga xB ;pun ;a8pnq neat Igos!3 900Z-SOOZ aq; 3o uol ;dopB aq; o; pa ;Bias suopag aaq ;o pue s8utagaq atlgnd 30 ;anpaoa aol s8apaaw llaunoO �i� Iglaads �u91no `ZO-I i80S0 'ol\I aopnlosag pasodoad aapisaoO '3OUNaH.L II.L` U IIAI.LOII33II IIH.L GNV NOI,LVDI IEnd IIH.L 2103 JNICIIAO21d GW `(00'OO9$) S- dV'I'IOQ 001 /ON QNd (IaWCNf1H U I3 30 A.L'IdNIId YAif1NIIXHIN d JNIgRi,-%SII2Id `•IISf -iw-f or%hn A wo d JNINId.LkT `IISf]d'IO JNI'I�'IIdff2I d JNIMAO2Id `•SdXII,L `NMO.L1iHg `SII�NHNIQ2IO 30 SQOO IIH•L 30 .NdI0I2I.L0II'III II�I.LNII2Iddb„ IA NOISIAIQgf1S QI�Id «`Nb'I�I2I.LOII'III N`v�Y�tA�1�I2IflOf„ A NOISL!1IQgf1S «`Nt�IORi.L��'III NJIS 2III.LSdY�i,> III NOISIAIQSf1S «`N`dIO12I.L�II'I� 21II.LSdNi„ II NOISLAIQgf1S `•,NOI•Ld0OAII2I 2I0 NOISNIIdSf1S„ 00£-8 i NOI.LO�S QNd .`1�,LI'II�21y3SNd2I.L„ 662-81 NOI•LOIIS ,.`SII'I�IHIIA 30 JN1�I2I�dI�i„ 862-8 T NOIZOIIS ..`SII,L�dOI'Idf1Q QN�v' S'IdMII1�III2I„ L6Z-8 i NOI.L�IIS .,`'Id2iIII�IIIJ NI„ I NOISIAIQSf1S «`S�SNIIOI'I„ S NOISIAIQ `•.IIONdI'Idd�' 210 2IO,L�f1QNO0 IIAI.LOII3IIQ 30 IIOI.LON„ L9Z-8i NOI.L03S QN�' «`S2If1OH NOI,LOIIdSNI„ S9Z-8 i NOI.L�IIS «`II�Ni�f1SSI .LIY�i2iIId 2103 SNdI0I2I.L0�'Ifl NJIS 2III.LSdi�i 30 QIIZIIf1�32I IIOI�I'd2IfISNI„ �9Z -8i NOI•LOIIS `iI) NOI.LOIISgf1S «`SNOI.LdyOXII ZIY�i2iIId„ £SZ-8 i NOI.LOIIS «`SNOI,LOIIdSNI QNd S.LIY�l2i�d„ b NOISLAIQ `• «S2iIIt1c1Od 1��NIIJ2iIIY�iII„ OZZ-8 i NOI.LOIIS «`2IO.LOIIdSNI 'Id0I2I,L0�'I3„ £ NOISIAIQ `• «SIISNdOI'I 2103 S.LNdOI'Iddd 30 NOI.LNOIdl'Idfla QNd NOI.Ld�Id1.L2I�O„ 68 I -8 I NOI.L�IIS QNd .`SQ2IOOII2I `•1�21d.LII2I0IIS„ 88 T-8 i NOI.LOIIS «`'I�'AOY1tII2i `•NOI.LdSN�dI�IO� `•SI�i2I�.L„ L8I-8 i NOI,L�yS «`NOI.LISOdY�iOO `•Qd•LdII2I�„ 98 T -8I NOIZOIIS «`Q2I�'Ofl 'Id012I.LOIIZII„ II NOISIAIQ .,`IIQO� 'IHOI2I.L�3'Iy„ III II"IOI.L21b «`SNOI.Ld'If1JII2I JNIQ'IIflg QNd JNIQ'IIf1S„ 8i 2III.LdbHO rJNI'IdydII2I `•SNXII.L SOOZ `I I lsn8nd — uotssaS anln8a21 ayl,Io salnu�y�l OZ3o i I a8ud Page 12 of 20 The motion carried. Minutes of the Regular Session — August 11, 2005 RESOLUTION NO. 1735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON THURSDAY, SEPTEMBER 15, 2005, AT 4:30 P.M., MONDAY, SEPTEMBER 19, 2005, AT 4:30 P.M., AND TUESDAY, SEPTEMBER 27, 2005 AT 4:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS, TO HOLD PUBLIC HEARINGS AND TAKE OTHER ACTIONS RELATED TO THE ADOPTION OF THE 2005 -2006 FISCAL YEAR BUDGET AND TAX RATE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050811 -03, canceling the regular City Council meeting scheduled for October 27, 2005, and calling a special City Council meeting for Tuesday, October 25, 2005, at 6:30 p.m. Proposed Resolution No. 050811 -03 cancels the regular City Council meeting scheduled for October 27, 2005, and calls a special City Council meeting for Tuesday, October 25, 2005, at 6:30 p.m. The Texas Municipal League annual educational conference is scheduled for October 26 through 29, 2005. Canceling the regular meeting and calling a special meeting will allow Council and staff to attend this educational conference. Council Member Anderson moved adoption of the proposed resolution. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON TUESDAY, OCTOBER 25, 2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING ITS REGULARLY SCHEDULED CITY COUNCIL MEETING TO BE HELD ON THURSDAY, OCTOBER 27, 2005, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 20 Minutes of the Regular Session — August 11, 2005 ►, Discuss and consider directing staff to prepare an ordinance creating a beautification commission. This item allows City Council to direct staff to prepare an ordinance, for consideration during the August 25`h City Council meeting, for the creation of a Beautification Commission. The discussion during the work session and this item will allow Council to determine the size, charge, authority, and related issues, for the commission as it is to be defined in the ordinance. Council Member Murray moved directing staff to prepare an ordinance and a list of frequently asked questions for commission service, for consideration during the August 25`h City Council meeting. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 050811 -08 authorizes payment for the annual software agreement with Sungard Pentamation, in the amount of $61,196.98 for the period from September 1, 2005, through August 31, 2006. The annual software maintenance agreements provide support in the event of programming upgrades, bug fixes, telephone support, etc. for the following software packages: Fund Account, Purchasing, Fixed Assets, Human Resources, Budget Analyst, Inventory Manager Personnel Budgeting and Vehicle Manage, Cash Receipts, Utility Billing (ACIS), Code Enforcement, Occupational License, Inspections and Action Software, Informix Four J's Compiler, Optio Printing, and Cognos Report Writer, Custom Programming on Financial Software and Custom Programming on Revenue Software. b. Proposed Ordinance No. 050811 -09 awards the bid, in the amount of $36,023, to Promaxima Manufacturing for the purchase and installation of exercise equipment for the Baytown Police Academy. Invitations to bid were sent to six (6) suppliers and five (5) responses were received. Funding for this purchase is from seized assets. C. Proposed Ordinance No. 050811 -10 amends Chapter 1 "General Provisions," Section 1 -15 "Mental state" of the Code of Ordinances of the City of Baytown, Texas, to conform with HB -970 requiring a culpable mental state for offenses defined by a municipality in excess of the amount authorized by Section 12.23 of the Texas Penal Code. To be found guilty of most offenses, a person must be found to have intentionally, knowingly, recklessly, or with criminal negligence engaged in a prohibited act described in state law or local ordinance. However, some prohibited acts described in state laws or municipal ordinances dispense with the culpable mental state. In other words, such laws and ordinances do not require proof that a person engaged in a prohibited act intentionally, knowingly, Page 14 of 20 Minutes of the Regular Session — August 11, 2005 recklessly or negligently — all that is required is proof that a person performed the described act. During the regular session of the Legislature earlier this year, the Legislature passed House Bill 970, which provides: An offense defined by municipal ordinance ... may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding ... [$500.00]." While the majority of violations defined by the Code of Ordinances are punishable by a fine not to exceed $500.00, violations of ordinances concerning fire, safety, zoning or public health or sanitation may be punishable by a fine not to exceed $2,000.00. Currently, the City's Code of Ordinance does not require a culpable mental state for the commission of an offense unless the provisions defining the offense expressly require a culpable mental state. Therefore, this proposed ordinance is only applicable to those offenses that carry with it a possibility of a fine in excess of $500.00 and requires that before a person can be found guilty of any such offense, proof must be presented that the person negligently engaged in the prohibited act. These changes conform Section 1 -15 to the new state law. If passed, the effective date of the proposed ordinance will be September 1, 2005, which coincides with the effective date of HB -970. d. Proposed Ordinance No. 050811 -11 authorizes the sale of 0.91 acres of surplus property located on North Reddell Road, Harris County, Texas. Such property is more particularly described as Lot 1 of the Minor Plat of Gonzales. The property has recently been subdivided, as it was a part of a bigger tract of land used as the Police Department's shooting range. Neither Chief Jones nor any other department had objections to the sale of this surplus property. Therefore, should Council approve this proposed ordinance, the City will advertise requesting bids for the purchase of the property. The City will impose a minimum bid price of $12,728.02 -- $12,000 being the Harris County Appraisal District's value and $728.02 being the cost of the minor plat, which was required in order to subdivide the property for sale. The cost of the plat was borne by a third party, who may bid on the property. Should the City receive bids at or in excess of the minimum bid price, the City will accept such bid and shall reimburse the third party for the cost of the survey. e. Proposed Ordinance No. 050811 -12 authorizes the abandonment of a portion of a sixteen -foot utility easement and an eight -foot utility easement along a north line in Eastpoint Subdivision Section 1, Hams County, Texas, contingent upon the payment of fair market value. Goose Creek Consolidated Independent School District and Seabird Properties have petitioned the City for the abandonment of a portion of the two utility easements. Releases have been received from all utility companies. All adjoining landowners have joined in the petition. The fair market value of the easements is $0.75 per square foot. A copy of each petition and each release is included in the packet, along with a copy of a map of the portions sought to be abandoned. Section 2 -767 of the Code of Ordinances, City of Baytown, provides, in part, as follows: Page 15 of 20 Minutes of the Regular Session — August 11, 2005 ...upon the payment of a fee of $100.00 or the appraised market value of the easement based upon not less than one appraisal, whichever is greater and after abandonment of the easement, the City will deliver a quitclaim deed to the owners of the fee simple title thereto. Council Member Sheley moved adoption of the consent agenda, items a through e. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 10, 127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY -ONE THOUSAND ONE HUNDRED NINETY - SIX AND 98/100 DOLLARS ($61,196.98) TO SUNGARI) PENTAMATION, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PROMAXIMA MANUFACTURING FOR THE PURCHASE AND INSTALLATION OF EXERCISE EQUIPMENT FOR THE BAYTOWN POLICE ACADEMY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SIX THOUSAND TWENTY -THREE AND N01100 DOLLARS ($36,023.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 1 "GENERAL PROVISIONS," SECTION 1 -15 "MENTAL STATE" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO CONFORM WITH HB -970 REQUIRING A CULPABLE MENTAL STATE FOR OFFENSES DEFINED BY A MUNICIPALITY IN EXCESS THE AMOUNT AUTHORIZED BY V.T.C.A., PENAL CODE §12.23; CONTANING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 16 of 20 Minutes of the Regular Session — August 11, 2005 ORDINANCE NO. 10,130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ADVERTISING FOR SALE 0.91 ACRES OF SURPLUS PROPERTY LOCATED ON NORTH REDDELL ROAD, HARRIS COUNTY, TEXAS; ESTABLISHING THE MINIMUM BID PRICE; AUTHORIZING ACCEPTANCE OF THE HIGHEST AND BEST BID MEETING OR EXCEEDING THE MINIMUM BID PRICE; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN TO ANTONIO GONZALES IN THE AMOUNT OF SEVEN HUNDRED TWENTY - EIGHT AND 02/100 DOLLARS ($728.02) FOR REIMBURSEMENT OF THE COSTS ASSOCIATED WITH THE MINOR PLAT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF A PORTION OF A SIXTEEN -FOOT UTILITY EASEMENT AND AN EIGHT -FOOT UTILITY EASEMENT ALONG A NORTH LINE IN EASTPOINT SUBDIVISION SECTION 1, HARRIS COUNTY, TEXAS, CONTINGENT UPON THE PAYMENT OF FAIR MARKET VALUE; DETERMINING THE FAIR MARKET VALUE OF SUCH EASEMENTS AUTHORIZED TO BE ABANDONED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS UPON RECEIPT OF PAYMENT FOR THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Announcement of Mayor's appointment to the Baytown Housing Authority. This item was not ready for consideration. Consider appointment to Baytown Housing Finance Corporation. This item was not ready for consideration. Consider appointments to the Construction Board of Adjustments and Appeals. This board hears appeals from the decisions of the building official and under the smoking ordinance. The terms of Jim Starrett (General Contractor) and William A. McElhannon (Engineer) both expired in May of 2003. The positions have been vacant since that time. Additionally, Bill Burge (Architect) has tendered his resignation. Council Member Murray moved appointment of John Rowland to the Construction Board of Adjustments and Appeals. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Page 17 of 20 Minutes of the Regular Session — August 11, 2005 Mayor Mundinger announced that James Davis will move from the citizen -at -large position to the architectural position on the Construction Board of Adjustments and Appeals. Consider appointments to the Baytown Area Water Authority Board. The terms of Bob Gillette, Dan Mundinger, and Dan Conejo expire on September 1, 2005. Messers. Gillette and Mundinger fill positions that require residence within the City. Mr. Conejo fills a position that requires residence within the City's extraterritorial jurisdiction and within the service boundaries of the Authority. Mr. Gillette has attended 17, Mr. Mundinger has attended 16, and Mr. Conejo has attended 18 of the 19 meetings held since their last reappointment. Each has agreed to continue to serve if Council elects to reappoint them. Council Member Sheley moved appointment of Bob Gillette, Dan Mundinger, and Dan Conejo to the Baytown Area Water Authority Board. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Consider appointments to Reinvestment Zone Number One, City of Baytown. The terms of Don Murray, Reggie Brewer, and Mike Wilson expire on August 31, 2005. Dr. Murray has attended 10 and Mr. Brewer has attended 6 of the meetings held since their last appointment. Mr. Wilson has attended 7 of the 9 meetings held since his appointment to fill the unexpired term of Will Deane. Each has agreed to continue to serve if Council elects to reappoint them. Council Member Capetillo moved appointment of Don Murray, Reggie Brewer, and Mike Wilson to the Reinvestment Zone Number One, City of Baytown. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Discuss and consider election of Mayor Pro Tem for 2005 -2006. Section 15 of the Charter provides that the Council shall elect a Mayor Pro Tem who shall act as Mayor during the absence or disability of the Mayor and, if a vacancy should occur, shall become Mayor until the next regular election. Page 18 of 20 Minutes of the Regular Session — August 11, 2005 Council Member Capetillo nominated Council Member Anderson to fill the position of Mayor Pro Tem for 2005 -2006. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. City Manager's Report. Manager Jackson informed Council of the Street Mill and Overlay Project, funded by the street maintenance sales tax, is currently underway. Mr. Jackson announced the retirement of City Clerk Gary W. Smith, effective August* 31, 2005. Conduct appeal of Cornerstone/Woodbridge Properties LLC, of the decision, of the Urban Rehabilitation Standards Review Board, ordering the demolition of the buildings at Taft Circle Apartments. Witnesses for the hearing were sworn in. Dr. Nanik Bhagia, Jacky Bhagia, and Dr. Hardam Singh Azad testified that the complex has been cleaned, fenced, and secured from unauthorized entry. They testified that MP Acquisitions of Dallas had entered into a purchase agreement for the property. They asked that the order of the Urban Rehabilitation Standards Review Board be reversed. Bill Campbell, engineer for the owners, testified that life safety issues did not exist because the property was not occupied. Kevin Byal, Chief Building Official, presented evidence of the condition of the property through photographs and the testimony provided by neighbors during the Urban Rehabilitation Standards Review Board hearing. He testified to the failure to secure the property until the week before the URSRB hearing. He reported that there have been vandals, vagrants, and arrests on the property. He stated that the property was unfit for human habitation. The hearing was closed. Council Member Sheley moved that the appeal of A & K Investments 1, Inc., be taken before the Council makes a ruling on the appeal by Cornerstone /Woodbridge Properties, LLC. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Page 19 of 20 Minutes of the Regular Session — August 11, 2005 Conduct appeal of A &K Investments I, Inc., of the decision, of the Urban Rehabilitation Standards Review Board, ordering the demolition of the buildings at Taft Circle Apartments. The witnesses for the hearing were sworn in. Alfred Antonini, representative of A & K Investments I, Inc., testified about the history of the complex and why it was unoccupied. He testified that A & K promptly secured the property after notice from the City. He testified that the property could not be cleaned or preserved because the City had condemned the property and prohibited entry on the premises. He testified, through photographic evidence, that the property was not in a condition that warranted its demolition. Kevin Byal, Chief Building Official, requested that his testimony from the first hearing be adopted at this hearing. He testified concerning the notice of violations given to the property owner. He testified concerning the conditions that lead the City to prohibiting occupancy of the complex, i.e., electical violations, no natural gas, and no hot water. There was no response from the owners about the violations. He reported the procedure outlined for the cleaning of the apartments, however the owners did not follow the procedure. He stated that an asbestos survey is required before any permits can be issued. He urged a detailed scope of work and timeline based on proper plans. Mayor Mundinger recessed the hearing at 10:10 p.m. The hearing reconvened at 10:33 p.m. Mayor Mundinger suggested that the hearing recess for a period of approximately thirty days to allow an ad hoc committee to work with staff and the property owners to find tangible declarations to assure City Council that the rehabilitation of the property will be done in a prompt manner. If an agreement for rehabilitation cannot be reached, the hearing will continue with the engineer testifying. Representatives of each owner waived any conflict that might exist by virtue of the ad hoc committee meeting with staff and the owners. Mayor Mundinger appointed Mayor Pro Tern Anderson and Council Members Mahan and Capetillo to the ad hoc committee. Mayor Mundinger recessed the hearing until September 19, 2005 during the special meeting to be held on that date at 4:30 p.m. Nancy Walding, Plumwood Townhomes, addressed Council and stated that the complex had been without maintenance. She asked that the neighborhood be remembered when Council made decisions concerning the complex. She urged that no permits be issued to Antonini and his associates. Richard Heyen waived his opportunity to speak. Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of the buildings at Taft Circle Apartments. (Cornerstone/Woodbridge Properties, LLC.) Page 20 of 20 Minutes of the Regular Session — August 11, 2005 op� Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation Standards Review Board ordering the demolition of the buildings at Taft Circle Apartments. (A &K Investments I, Inc.) Council Member Sheley moved that action on both appeals be postponed until the September 19, 2005, special Council meeting. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. Adjourn. Council Member Anderson proved that the meeting adjourn. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adiourned at 10:49 o.m.