Loading...
1993 10 28 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 28, 1993 The City Council of the City of Baytown, Texas, met in special session on October 28, 1993, at 6:15 p.m. in the Don M. Hullum Conference Room of the Baytown City Hall with the following in attendance: Eva Benavides David Byford Manuel Escontrias E. Frank Hinds, Jr. Stephen DonCarlos Rolland J. Pruett Pete C. Alfaro Bobby Rountree Norman Dykes Ignacio Ramirez Eileen P. Hall Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Asst. City Manager City Attorney City Clerk The meeting was opened with a quorum present, after which Mayor Alfaro recessed into executive session to discuss acquisition of treatment plant. When the open meeting reconvened, Mayor Alfaro announced that no action was necessary as a result of the executive session. Ei een P. Hall, City Clerk MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 28, 1993 The City Council of the City of Baytown, Texas, met in regular session on October 28, 1993, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Eva Benavides David Byford Manuel Escontrias E. Frank Hinds, Jr. Stephen DonCarlos Rolland J. Pruett Pete C. Alfaro Bobby Rountree Norman Dykes Ignacio Ramirez Eileen P. Hall Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Asst. City Manager City Attorney City Clerk The meeting was opened with a quorum present, and Council Member DonCarlos offered the invocation, after which the following business was conducted: Consider Approval of the Minutes for the Special Session Held on October 14, 1993 Council Member Hinds moved for approval of the minutes for the special session held on October 14, 1993. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None Consider Approval of the Minutes for the Regular Session Held on October 14, 1993 Council Member Escontrias moved for approval of the minutes for the regular session held on October 14, 1993. Council Member Hinds seconded the motion. The vote follows: 931028 -2 Minutes of the Regular Session - October 28, 1993 Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None Consider Proposed Resolution No. 1192a, Declaring That Public Convenience and Necessity Require the Taxicab Service Applied for by Robert Kappler or Consider Proposed Resolution No. 1192b, Declaring that Public Convenience and Necessity Do Not Require the Taxicab Service Applied for by Robert Kappler As directed by City Council the Administration has prepared two resolutions- - one affirming public convenience and necessity require the taxicab service applied for by Robert Kappler; the other denying public convenience and necessity require another taxicab service. At the public hearing on convenience and necessity held on October 14, Mr. Kappler indicated because of the growth of Baytown and the present waiting time for a cab, public convenience and necessity would be served by the addition of another cab company. Mr. Kappler plans to operate his cab service with three cabs from 1209 Decker Drive (the Graystone Building). He has furnished proof of insurance, which has been verified by the City Clerk for all three cabs. At the hearing Mr. Kappler verified that he plans only to dispatch, and all drivers will have clean driving records. The City Manager stressed that the public hearing process, the articles in the Baytown Sun, and the large number of petitions circulated by Mr. Kappler and Red Top Cab, may or may not have generated enough information for council to determine whether public convenience and necessity require another permit for taxi service in Baytown. Some of the factors council might consider include: 1) Red Top has provided service since prior to 1970. Since that time the city's geographical size has tripled and the population has increased from 43,980 to approximately 65,000. 2) Has council received enough complaints about the current service over the past years, or within the past two weeks to justify additional taxi service? 3) Have the facts, statements, and written information provided during the public hearing and since that time been enough information for the council to make a decision? 4) Since council was provided with additional information on Tuesday of this week, by both parties, a decision can be postponed to give council more time to review the information. Council may either approve Mr. Kappler's request, deny the request or postpone the decision. 931028 -3 Minutes of the Regular Session - October 28, 1993 The City Manager stated that Norman Dykes, Assistant City Manager, had been in contact with other communities about their taxi programs. After reviewing other cities' ordinances, the administration will come to council with proposed amendments to the City of Baytown's ordinance. Tommy Bright, manager of Red Top Cab Company, responded to the memorandum from Assistant Chief Dabney and Assistant City Manager Dykes concerning the inspection of taxicabs following the last council meeting. Mr. Bright stated on October 15, the Baytown Police made a surprise inspection of all Red Top cabs. He noted that no problem was major enough to take any of the cabs off the line. All cabs were clean inside and out, except for some cigarette butts in an ashtray. All problems that were noted by the Assistant Chief of Police have been rectified, except for three cracked windshields, which are on order, and rear lettering for the cabs. All of the taxi meters have been checked by Baytown Police. The average waiting time for a cab in the past two months has been 13 minutes on the day shift, and 11.5 minutes on the night shift. Mr. Bright provided two dispatching sheets from two former dispatchers - -one from Robert Kappler, and the other from Rose Jones. The waiting time on Robert's shift was 13.9 minutes, and the waiting time on Rose's shift was 11.5 minutes. Mr. Bright emphasized that even though Baytown has grown geographically, the demand for taxi service has not. When Red Top Cab merged with Safeway Cab in 1970, the company had ten taxi permits. Demand increased some within the next few years, and two more permits were granted for a total of twelve. After a year it was determined that this was too many cabs for Baytown, and two permits were dropped, for a total of ten. About three years ago demand for taxi service had decreased enough to drop another permit for a total of nine which the cab company still permits. Mr. Bright wondered how either cab company could make it financially if Robert Kappler is granted three taxi permits bringing the total permits up to twelve. He mentioned that two hundred three questionnaires were filled out and turned in by Red Top customers and businesses which either use, or their customers use the taxi service. One hundred ninety -seven had no complaints at all. The six complaints were as follows: One, smell of smoke in cab; three, waiting too long; one, the dispatcher too quick; and one, air conditioner not working. Mr. Bright stressed the point that his drivers were both helpful and courteous, although Mr. Kappler had stated that some drivers would not help elderly customers in and out of cabs. Irma McCharles, 405 West James, stated she had gotten out of bed with pneumonia to appear before council, because she would like to see Safeway and Red Top Cabs stay in business. They are reliable and dependable. She has arthritis, and the most she has had to wait for a cab has been ten minutes. She stated the cabs are clean, and there are no drug addicts driving them. She has never heard any complaints against them, nor does she have any complaints against them. 931028 -4 Minutes of the Regular Session - October 28, 1993 Bob Mervis, 2001 Cedar Bayou, verified that for the last three months he has utilized the cab service to travel to and from his work at the Mental Health Center on Cedar Bayou Road. During this time the drivers performed service in to Baytown and back to his home. They have been prompt, courteous and very responsible. He felt that if Baytown needed to expand its cab service, it would be better to use a proven company. Jewell Fuller, 179 Ashby, stated she has utilized the taxi service for seven years. All the drivers have been courteous and helpful to her. They always see her into the house and help with packages. She verified that her comments had not been solicited. She appeared on her own accord. Mayor Alf aro inquired if council had any questions, or needed more information. Mr. Bright, in response to council inquiry, substantiated at the beginning of the summer, all air conditioning units were operable. However, he had to replace two evaporator cores during the season, but none of the air conditioners were out for an extended period. The windshields should be in tomorrow. He will continue to stand behind the offer of a free ride for anyone who must wait over thirty minutes. In an effort to reduce the amount of waiting time, the ninth cab has been placed in operation. In response to council inquiry, the City Manager verified that the existing ordinance does not allow riders to be picked up without being dispatched. Taxi drivers cannot "cruise" the streets looking for riders. However, the administration will look at that provision of the ordinance. Mayor Alfaro inquired if any member of council had received complaints in the past year. Council Member Pruett responded that he had received three complaints in seven years. Council Member Hinds stated that in reading the background information, one reason for the merger of the two companies was because citizens would call both companies for the same fare. He did not feel that the case had been made for public convenience and necessity. Therefore, he moved to adopt Proposed Resolution 1192b. Council Member Pruett seconded the motion. Council Member DonCarlos pointed out that the administration is receiving copies of ordinances from other cities, and council would be looking further at the taxi ordinance. He mentioned his distress by the inspection report. At least three of the cabs would not pass state inspection. He felt serious consideration should be given to whether the City of Baytown should regulate taxi service or have a free market. If not, then the city must be responsible for verifying that the cabs are in a good state of repair. He concurred that in this particular case, the need for another taxi service was not substantiated. 931028 -5 Minutes of the Regular Session - October 28, 1993 Council Member Escontrias emphasized the importance of improved service. He had received calls from people who do not have a side other than extended waiting time. The existing taxi company needs to provide better service. Council Member Benavides stated if another taxi service should be permitted in the future, she would hope that a good rapport would exist between the two companies. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None RESOLUTION NO. 1192 A RESOLUTION DENYING THE APPLICATION FOR ISSUANCE OF A TAXICAB PERMIT OF ROBERT KAPPLER; DIRECTING THE CITY CLERK TO IMMEDIATELY GIVE NOTICE TO THE APPLICANT OF THE ACTION OF THE CITY COUNCIL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution, Establishing a Purchase Procedure in Compliance with Section 252, Et Seq. of the Local Government Code and Thereby Superseding Article VII, Section 74 of the Charter of the City of Baytown The review by Deloitte & Touche dated June 11, 1993, of purchasing manual requirements, noted that the city should consider raising its competitive bid limits. The state has passed legislation that enables cities to supersede their respective city charter requirements for competitive bid limits with an ordinance up to $15,000. The administration suggested that the full amount allowed by state law be utilized. However, the Finance Committee, after discussion, felt it would be more appropriate to utilize a $10,000 threshold. Under the present charter requirements, any bid item costing over $2,000 requires a formal bid process. Council Member Byford moved for adoption of the resolution. Council Member Benavides seconded the motion. The City Manager, in response to council inquiry, pointed out by utilizing a $10,000 competitive bid threshold, the city would have reduced total bids in fiscal year 1992 -93 from 127 to 60. Savings will be utilized from reduced advertising costs, reduced costs for mailing out bid specifications, less time for preparation of bid specifications, and less time for preparation of recommendations to City Council. The city also expects a positive impact on prices for purchases with low profit margins, because this may have discouraged bidders from incurring the costs of responding to a competitive bid. The vote follows: 931028 -6 Minutes of the Regular Session - October 28, 1993 Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alf aro Nays: None RESOLUTION NO. 1193 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ESTABLISHING • PURCHASING PROCEDURE IN COMPLIANCE WITH CHAPTER 252 OF THE LOCAL GOVERNMENT CODE SUPERSEDING ARTICLE VII, SECTION 74 OF THE CHARTER OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution, Casting the City of Baytown's Ballot for the Election of A Person to the Board of Directors of the Harris County Appraisal District Board Bill Harry was nominated at the last council meeting. Including Mr. Harry there are three nominees. Robert James Blackwell has been nominated by the cities of LaPorte and Shore Acres. Sam McKinney has been nominated by the cities of Bellaire and Webster. The administration recommended adoption of the resolution nominating Bill Harry. Council Member DonCarlos moved for adoption of the resolution. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None RESOLUTION NO. 1194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution, Authorizing the City Manager to Submit a Proposal for Funding Under the Texas Department of Transportation Enhancement Program At the last council meeting, City Council approved Resolution No. 1190, authorizing the administration to submit a proposal for funding under the Texas Department of Transportation Enhancement Program. However, the project has changed over the past two weeks to include acquisition of a site for a visitor's center, studies of the archaeological and historical resources associated with the lower 931028 -7 Minutes of the Regular Session - October 28, 1993 reaches of the corridor, and removal of outdoor advertising signs along the corridor. Accordingly, the project costs and funding have changed to total $1,404,500 with $165,900 in City Bond Funds. The grant match is eighty /twenty, and the administration feels good about the city's chance of getting the money. The administration recommended approval. Council Member Hinds moved for adoption of the resolution. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None RESOLUTION NO. 1195 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION ENHANCEMENT PROGRAM FOR FUNDING FOR VARIOUS PROJECTS INTEGRAL TO THE CITY'S COMPREHENSIVE REVITALIZATION PLAN; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY FUNDING AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, Authorizing the City Manager to Enter into an Agreement with the City of Houston Gulf Coast Violent Offenders Task Force To Receive Reimbursement of A Salary for One Police Officer and Consider Proposed Ordinance Establishing the Number of Positions in Each Classification the Police Department The Baytown Police Department has been participating in a multi- agency, multi - jurisdictional violent offender task force for several months. This project was started by the Houston Police Department and the United States Marshall's Office. Operation Trident, a project aimed at seeking out and arresting fugitives wanted for the commission of violent crimes, gang - related crimes, and narcotics violations, was the forerunner of this task force. Houston Police Department applied for and received a grant to fund this entity. The grant totals over $750,000 and funds twenty -two certified law enforcement officers from nine federal, state and local agencies. Baytown Police Department currently donates a patrol officer to the project. If we backfill this position (add a patrol officer position to our budget), we will be reimbursed 100% of the salary and benefit costs of the officer assigned to the Gulf Coast Violent Offender Task Force. The city would be committing to fund 100% of 931028 -8 Minutes of the Regular Session - October 28, 1993 the salary in the 1998 -99 budget year. Item No. 8 on the agenda will add that position, as well as establish the number of positions in each classification in the Police Department. Civil Service law requires the governing body of the city to prescribe the number of positions in each classification in the Fire and Police Departments. Item No. 8 increases the total number of patrol officers from eighty - eight to eighty -nine. Council Member Escontrias moved to adopt Proposed Ordinance Nos. 931028 -1 and 931028 -2. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 6840 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE CITY OF HOUSTON FOR FIRST YEAR GRANT FUNDING FOR A PATROL OFFICER ASSIGNED TO THE GULF COAST VIOLENT OFFENDERS TASK FORCE; 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. ORDINANCE NO. 6841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP - POLICE;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, Accepting Proposal for Architectural Services on the Public Works Facility and Approving a Contract A council committee consisting of Council Member Rolland Pruett, Chairman, along with Council Members Byford and Escontrias interviewed all six proposers for architectural services on the Public Works facility. Council Member Pruett read a memorandum from the Architectural /Engineering Selection Committee dated October 28, 1993, wherein the architectural firm of Ferro- Saylors, Inc. is being recommended to provide the architectural and engineering services for the Public Works maintenance facility. (See Attachment "A. ") 931028 -9 Minutes of the Regular Session - October 28, 1993 Herb Thomas, Director of Public Works, summarized the Ferro - Saylors, Inc. contract with the City of Baytown. For a lump sum of $190,000 the firm of Ferro - Saylors, Inc. will program and design a Public Works maintenance facility. This fee includes the services of their consultant, Fleet Maintenance Consultants, Inc. The scope of the job includes programming and designing a municipal vehicle maintenance facility to accommodate five hundred vehicles. The site will be master planned and a phasing plan will be developed. Phase I will be the fueling station; Phase II, the maintenance facility. This represents 9.5% of the $2,000,000 project. The 48th edition of "Means," Building Construction Cost Data, was used as a reference to estimate the architectural fees for the project, which equaled 7% on the $200,000 and 1.75% on the $500,000 renovation. The $2,000,000 times 8.75% equals $175,000. In addition to the basic service fee for renovations, the following items have been included in the lump sum fee and easily account for the difference between 8.75% and 9.5% ($15,000): 1) programming /site master planning; 2) site adapt the animal control center; 3) preparation of drawings of the existing building to use as the design basis; 4) equipment survey; 5) two bid packages due to the fast tracking of the fuel station. Not included in the basic services of this contract are: 1) survey of site; 2) Geo- technical tests; 3) asbestos check of two areas. Schedule of progressive payments follows: 1. Schematic Design Phase - 15% 2. Design Development Phase - 20% 3. Construction Document Phase - 40% 4. Bidding or Negotiation Phase - 5% 5. Construction Phase - 20% The firm will provide inspection services during the construction phase of the contract. Inspections will be provided according to the work being performed. The City Manager complimented Herb Thomas, Lynn Hanson and Herb's staff on a fine job of developing the Request For Proposals. Mr. Ferro confirmed the refueling station would be completed in time to meet federal requirements. Council Member Pruett moved for adoption of the ordinance. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None 931028 -10 Minutes of the Regular Session - October 28, 1993 ORDINANCE NO. 6842 AN ORDINANCE ACCEPTING THE PROPOSAL OF FERRO- SAYLORS, INC., FOR THE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PUBLIC WORKS MAINTENANCE FACILITY; APPROVING A CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE HUNDRED NINETY THOUSAND AND NO /100 DOLLARS ($190,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, Awarding Contract for the Construction of Central Little League Baseball Fields to Commodore Construction and Consider Proposed Ordinance, Awarding Contract for the Purchase of a Lighting System for Central Little League Park to Musco of South Texas Separate bids were taken for the construction of Central Little League Facility. One bid was for the construction of two, 200' ball fields, including fencing, dugouts, concrete work, grading and drainage, construction of a service drive and a curb cut. The other bid was for lighting of two fields with an alternate for either, using the existing lights at Pelly Park, or purchasing all new lights. The Central Little League has volunteered to provide labor for installing the lighting, as well as labor and materials for the construction of the concession building. Three bids for the construction of baseball fields were received -- Commodore Construction, $ 157,428; Chatham Construction, $176,446; Angel Brothers, $245,473. One bid for the lighting was received from Lighting by Musco of South Texas. The Base Bid included refurishing Pelly Park lights at a price of $33,308. Alternate bid, new lights for two fields, was bid at $40,118. In order to get at least two fields built and light one, we have negotiated changes in the proposed work, deleting all the underground and electrical work and altering quantities in some cases. Public Works will do the underground work (water and sewer) on an overtime basis. The city has an annual contract with Gulf Coast Electric, and they will perform the electrical work. Musco is willing to sell the equipment for one field which includes two modified light standards, with double cross arms, to be mounted between the two fields for future lighting of the second field. The lights at the current Central Little League Facility at Pelly Park will remain intact. They will not be moved. These changes result in the following project cost summary: 931028 -11 Minutes of the Regular Session - October 28, 1993 Commodore Construction (ball fields) Underground by city (water and sewer) Electrical by annual contract Lighting by Musco Contingencies, surveying, etc. TOTAL Bond Funds Additional Bond Funds needed TOTAL $117,434.50 20,000.00 12,000.00 22,764.00 3,000.00 $175,198.50 156, 500.00 18,698.50 $175,198.50 Underruns from North and West Little League parking lot projects will provide the additional funding needed. One of the changes in Commodore's work is to excavate the area for a parking lot off of Garth Road. This will be filled with salvaged - milled asphalt to be removed from Decker Drive and Sterling Street in the upcoming 1993 Street Improvement Program, Phase II. Council Member Hinds moved to adopt both ordinances. Council Member Escontrias seconded the motion. Council Member DonCarlos stated that all other little leagues have two lighted fields, and he would prefer for Central Little League to have two lighted fields. The City Manager stated the cost to light the other field would be approximately $15,000 to $20,000. He noted that there could be some savings on the project, but he did not feel the savings would be significant enough to light the second field. Council Member DonCarlos stated he would like to pass the ordinances tonight to get started, but would like the administration to continue to work toward the second lighted field if at all possible. The City Manager emphasized that anything the contractor could do while on site to improve the possibility of lighting the second field would be done. In response to an inquiry from council, the City Manager stated the tall bleachers over at Pelly Park belong to Central Little League, and would be transferred to the new location. The two small bleachers will remain at Pelly Park. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None For Bid Tabulation, see Attachment "B." 931028 -12 Minutes of the Regular Session - October 28, 1993 ORDINANCE NO. 6843 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH COMMODORE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE CENTRAL LITTLE LEAGUE BASEBALL FIELDS; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED THIRTY -FOUR AND 501100 DOLLARS (5117,434.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 6844 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MUSCO OF SOUTH TEXAS FOR THE PURCHASE OF A LIGHTING SYSTEM FOR THE CENTRAL LITTLE LEAGUE BASEBALL FIELDS; AUTHORIZING PAYMENT OF THE SUM OF TWENTY -TWO THOUSAND SEVEN HUNDRED SIXTY -FOUR AND NO /100 DOLLARS ($22,764.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 931028 -6 authorizes Change Order No. 1 to Housing Rehabilitation Contract 92 -06, 309 Morrell, with Nolasco Carpentry for an amount not to exceed $2,940. The contract for this project was awarded to Nolasco's Carpentry in the amount of $19,600. The Community Development staff was unaware that the central air conditioning unit (located in the attic) was faulty and not in compliance with city mechanical codes until the roof was removed from the structure. The contractor has sub - contracted with a licensed air conditioning company to bring the existing unit up to meet city codes. This homeowner is wheelchair bound, and also has a respiratory problem requiring that she have air conditioning at all times. The homeowner has been temporarily relocated to a unit at the Housing Authority until all work on her structure has been completed. We recommend approval. Minutes of the Regular Session - October 28, 1993 b. Consider Proposed Ordinance No. 931028 -7 authorizes a lease purchase payment to IBM for hardware and software at City Hall and Police Department in the amount of $88,978. We purchased hardware and software in December 1990 and February 1991 for the operating systems at City Hall and the Police Department. This is a five year lease /purchase from IBM. This is the fourth annual payment of $88,978. The price includes an on site service plan for the term of the lease. We recommend approval. C. Proposed Ordinance No. 931028 -8 authorizes a lease purchase payment to Motorola Credit Corporation for central dispatch equipment in the amount of $40,254.21. This equipment was lease purchased earlier this year and installed in our new Police, Fire and EMS (Public Safety) Communication Center. The total amount of the lease purchase was $157,322.38. A down payment of $40,000 was made at the time of purchase. This is the first of three annual payments of $40,254.21. We recommend approval. d. Proposed Ordinance No. 931028 -9 authorizes a lease purchase payment to Caterpillar Financial Services Corporation for a waste recycler (brush chipper) in the amount of $60,059. We purchased this waste recycler on a five year lease in September of 1989. The total lease purchase price is $360,245. This is the fourth annual payment of $60,059. This chipper saves us landfill fees in the amount of approximately $200,000 each year. We recommend approval. e. Proposed Ordinance No. 931028 -10 awards a bid on a sole source basis to Dictaphone Corporation for recording heads on a dictaphone recorder in the amount of $3,823.60. Public Safety Communications needs to purchase two replacement recording heads on the dictaphone recorder. This unit records all incoming calls to dispatch. This is a sole source purchase with Dictaphone Corporation. We recommend approval. 931028 -14 Minutes of the Regular Session - October 28, 1993 f. Proposed Ordinance No. 931028 -11 authorizes the renewal of periodical subscriptions through EBSCO Subscription Service in the amount of $7,763.06. In order to provide continuity of service and to preclude a gap in delivery which results in missing issues, libraries throughout Texas do not bid competitively for periodical service. State law makes this exemption possible. We recommend approval. g. Proposed Ordinance No. 931028 -12 authorizes the acquisition of Lincoln Cedars Sewage Treatment Plant in the amount of $12,000. We recommend that the City purchase the Lincoln Cedars Wastewater Treatment Plant from Mr. Jerry Nowlin. This will be discussed in executive session. We recommend approval. h. Proposed Ordinance No. 931028 -13 amends Chapter 2 1/2 "Adult Commercial Establishments," Section 21/2 -12 "Definitions" and Section 2 1/2-13 "Bookstores, theaters, etc., excepted" of the Code of Ordinances to more closely track state statutes. Chapter 2 112 Adult Establishments of the City of Baytown Code was passed 4 -23 -81 and was last amended 1- 28 -88. In 1989 and again in 1991 the Texas Legislature amended Chapter 243 of the Local Government Code, "Municipal and County Authority To Regulate Sexually Oriented Business," the source law to our Chapter 2 112. The amendments deal with the definition of sexually oriented businesses and the exemptions that apply. The proposed ordinance will update our Chapter 2 1/2 to comply with state law. Specifically, it will cause the chapter to apply to adult bookstores, and adult movie theaters, whereas it does not currently apply to them. We recommend approval. 931028 -15 Minutes of the Regular Session - October 28, 1993 Council Member Hinds moved for adoption of the Consent Agenda, items "a" through "h." Council Member Byford seconded the motion. It was noted that the brush chipper has paid for itself twice over. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 6845 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NOLASCO'S CARPENTRY FOR HOUSING REHABILITATION PROJECT #92 -06 AT 309 MORRELL STREET; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, UP TO THE SUM OF TWO THOUSAND NINE HUNDRED FORTY AND NO /100 DOLLARS ($2,940.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 931028 -6) ORDINANCE NO. 6846 AN ORDINANCE AUTHORIZING THE PAYMENT OF EIGHTY -EIGHT THOUSAND NINE HUNDRED SEVENTY -EIGHT AND NO /100 DOLLARS ($88,978.00) TO IBM AS THE COST FOR THE LEASE PURCHASE OF HARDWARE, SOFTWARE AND SERVICE PLAN FOR SYSTEMS AT CITY HALL AND THE POLICE DEPARTMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 931028 -7) ORDINANCE NO. 6847 AN ORDINANCE AUTHORIZING THE PAYMENT OF FORTY THOUSAND TWO HUNDRED FIFTY -FOUR AND 21/100 DOLLARS ($40,254.21) TO MOTOROLA CREDIT CORPORATION AS THE COST FOR THE LEASE PURCHASE OF MOTOROLA COMMUNICATIONS EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 931028 -8) ORDINANCE NO. 6848 AN ORDINANCE AUTHORIZING THE PAYMENT OF SIXTY THOUSAND FIFTY -NINE AND NO /100 ($60,059.00) DOLLARS TO CATERPILLAR FINANCIAL SERVICES CORPORATION AS THE COST FOR THE LEASE PURCHASE OF A WASTE RECYCLER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 931028 -9) 931028 -16 Minutes of the Regular Session - October 28, 1993 ORDINANCE NO. 6849 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THREE THOUSAND EIGHT HUNDRED TWENTY -THREE AND 601100 DOLLARS ($3,823.60) TO DICTAPHONE CORPORATION AS THE SOLE SOURCE FOR THE RECORDING HEADS ON THE DICTAPHONE RECORDER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 931028 -10) ORDINANCE NO. 6850 AN ORDINANCE AUTHORIZING THE PAYMENT OF SEVEN THOUSAND SEVEN HUNDRED SIXTY -THREE AND 061100 DOLLARS ($7,763.06) TO EBSCO SUBSCRIPTION SERVICE AS THE COST FOR SUBSCRIPTIONS TO PERIODICALS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 931028 -11) ORDINANCE NO. 6851 AN ORDINANCE AUTHORIZING AND APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF TWELVE THOUSAND AND NO /100 DOLLARS ($12,000.00) FOR THE PURCHASE OF THE LINCOLN CEDARS SEWAGE TREATMENT PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 931028 -12) ORDINANCE NO. 6852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING CHAPTER 2 1/2 "ADULT COMMERCIAL ESTABLISHMENTS," SECTION 2 1/2 -12(j) "DEFINITIONS," AND SECTION 2 1/2 -13 "BOOKSTORES, THEATERS, ETC., EXCEPTED," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE. (Proposed Ordinance No. 931028 -13) Consider Appointments to Clean City Commission Council Member Escontrias moved to appoint Barbara Heisele and Aggie Corbell to another term on the Clean City Commission. Council Member Benavides seconded the motion. The vote follows: 931028 -17 Minutes of the Regular Session - October 28, 1993 Ayes: Council Members Benavides, Byford, Escontrias, Hinds, DonCarlos and Pruett Mayor Alfaro Nays: None City Manager's Report Second Council Meeting in November and December - The second council meeting in November will be held on Tuesday, November 23, and in December, council plans to hold one regular meeting. Zoning Consultants - On November 9, the League of Women Voters will hold a meeting which will feature City of Baytown Zoning Consultants. On November 10, at 10:30 the zoning consultants will meet with City Council. Community Spirit Award - The Community Spirit Award received by the City of Baytown from the City of Midland was on display at the Council Meeting and will be on display at the City Hall. Signage at Police and Fire Departments - There will be funds remaining from the Police Department renovation. The City manager inquired if Council would have any objections to having the architect on the project design one or two lighted signs composed of brick to match existing facilities. Council had no objections. Texas Attorney General at San Jacinto Elementary - Dan Morales, Texas Attorney General, was at San Jacinto Elementary today to show his support for the GAP Program. (Gang Activities Prevention Program). He applauded the work being done by the Youth Commission and the school District. He did a very good job in relating to the youngsters. The City Manager talked to Barbara Kolaja, Youth Commission Coordinator, and the Commission will be giving a ninety day report to Council soon. The Make -A- Difference -Day sponsored by the Youth Commission was very successful with about seventy -five people participating on Friday, and sixty people on Saturday. The Make -A- Difference -Day was a clean up day at the old Horace Mann site. The Attorney General felt Baytown is out front in attacking youth problems. A big difference has been the police involvement in the community, with a strong emphasis on enforcement. Golf Course - Ashbel Smith Land Company is reviewing two proposals and should have an announcement by the last meeting in November. 931028 -18 Minutes of the Regular Session - October 28, 1993 Bond Sale - The Bond Sale has been rescheduled to November 11 because of publication difficulties. Mayor Alfaro commended the City Manager and his staff, especially the Police Department for their response to the youth problems. There may be a national news correspondent here to interview Chief Shaffer and members of the Commission. Mayor Alfaro will be giving a talk in Mont Belvieu on Monday concerning the Youth Commission. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk