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1997 06 12 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 12, 1997 The City Council of the City of Baytown, Texas, met in regular session on June 12, 1997, at 6:30 p.m., at Lee College, 200 Lee Drive, John Tucker Lecture Hall, with the following in attendance: Victor Almendarez David Byford E. Frank Hinds, Jr. Stephen DonCarlos Scott Sheley Pete C. Alfaro Bobby Rountree Eileen P. Hall Absent: Manuel Escontrias Ignacio Ramirez Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Clerk Council Member City Attorney The meeting was opened with a quorum present, and Council Member Sheley offered the invocation, after which the following business was conducted: Consider Approval of the Minutes for the Regular Meeting held May 22,1997 Council Member Hinds moved to approve the minutes; Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None 970612 -2 Minutes of Regular Session - June 12, 1997 Accept Audit Report Prepared by Tiller and Company Evaluating the Emergency Medical Services from March 1, 1996 through February 28, 1997 Mr. Mark Tiller presented Tiller and Company's audit report evaluating the Emergency Medical Services from March 1, 1996 through February 28, 1997. The City's Charter requires a mid -year financial review, and the Administration and Council have an outside auditor review specific functions which have financial impact within the city. Mr. Tiller said that this financial review was called an Engagement of Agreed Upon Procedures. In the past two years, Tiller and Company has performed similar engagements in the Service Garage and in the Municipal Court areas. This year's engagement was designed to look at the specifics inherent in the EMS billing and collection cycle. The flow of paper was reviewed from a call event through the billing and collection points by checking software, procedures, controls, and review functions related to that system. The audit findings and the City's responses are contained in the report. The audit made the normal findings expected under the circumstances where non- accounting people are interfacing with accounting functions. The software package used is functional and the key people are familiar with the necessary processes in billing and collections cycles. The auditors reviewed their findings with EMS personnel, the Comptroller, the Finance Director, the City Manager, and the Council's Finance Committee. The auditors suggestions are being reviewed for proper implementation. The auditors received cooperation from EMS personnel and professional assistance from the City's accounting staff. The City Manager said that the Finance Committee and the Administration had reviewed the auditors' report which pointed out some deficiencies the City needed to address. Those deficiencies are recognized and the City has made any necessary changes including a budget request for a full -time individual to handle the billing process. He stated that EMS did an excellent job of saving lives and intended to do a better job on its paper work. Council Member Hinds moved to accept the auditors' report. Council Member Byford seconded the motion. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None 970612 -3 Minutes of Regular Session - June 12, 1997 Consider Proposed Ordinance No. 970612 -1, Approving Contract with Larson/Burns, Inc. for Engineering and Landscape Architectural Consulting Services for the Development of the Goose Creek Stream Greenbelt, Phase II The ordinance approves a contract in the amount of $94,419 with Larson/Bums, Inc. for engineering and landscape architectural consulting services for the development of the Goose Creek Stream Greenbelt, Phase II. The Committee interviewed three firms and selected Larson/Bums, Inc., as consultants for the Phase II ISTEA Project to prepare plans and specifications for approximately 9,000 feet of ten -foot wide multi - purpose trail along the shores of Goose Creek Stream connecting Phase I with Phase II at Arizona Street. TxDOT will fund 80 percent through the Intermodal Surface Transportation Efficiency Act Grant in the amount of $75,535.20, leaving the City to fund $18,883.80 through the 1991 bond program. The construction cost estimate is $800,000. Council Member Almendarez moved to adopt the ordinance. Council Member Byford seconded the motion. Council Member DonCarlos asked if this was the final phase and if this phase will finish the project. The City Manager said that there was some concern about being able to finish the project because of the requirement for ten -foot wide trails with a six -inch depth. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 7989 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 CONSULTING SERVICES CONTRACT WITH LARSON /BURNS, INC., AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970612 -2, Amending Chapter 13, "Food and Food Establishments," Section 13 -3 "Definitions" of the Code of Ordinances The ordinance amends Chapter 13 with the addition of the definition "Food Service Establishment" to mean: All fixed or mobile restaurants, retail food stores, groceries, seafood sales, meat sales, poultry sales, fruit and vegetable stands, delicatessens, confectioneries, pantries and candy kitchens, water bottling facilities, school cafeterias, day care facilities, nursing homes, and all other establishments where 970612 -4 Minutes of Regular Session - June 12, 1997 food and/or drink is prepared, handled, stored, sold, or provided for human consumption regardless of whether there is a fee charged. The City Manager stated that adding this definition to the Code of Ordinances would allow the City to regulate fruit and vegetable stands. Council Member DonCarlos asked how the owners of the stands could acquire a permit for a permanent business. The City Manager responded that they would follow the same procedure as everyone else which would include furnishing restrooms, etc. Mayor Alfaro inquired if the ordinance applied to people who prepared food to give away. The City Manager replied that the Zoning Ordinance would prevail in such circumstance. Church kitchens are inspected during construction to assure proper food handling facilities. Council Member Byford asked if the ordinance would require hiring more employees. The City Manager said that none would be required. Council Member Hinds moved to adopt the ordinance. Council Member Sheley seconded the motion.. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 7990 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 13 "FOOD AND FOOD ESTABLISHMENTS," ARTICLE I "IN GENERAL," SECTION 13- 3 "DEFINITIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING SUBSECTION (AA) THERETO; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970612 -3, Amending Agreement for Engineering Services with Wayne Smith & Associates to add for East District Wastewater Treatment Plant Expansion and Design and Improvement of Sanitary Sewer Collection System The ordinance amends the Agreement for Engineering Services with Wayne Smith & Associates to add plant expansion and improvement of the sanitary sewer collection system. The EPA issued an administrative order to the City because of sewage overflow along Ferry Road. The City submitted two plans to the EPA. The plan which was unofficially accepted requires the installation of a lift station to transport sewage over Pond Gully and abandon the overflow situation on Ferry Road. The increased flows will 970612 -5 Minutes of Regular Session - June 12, 1997 require new piping and the expansion of the treatment plant. The total project cost is $4,100,000. The engineering fee includes design, geotechnical, surveying, and inspection. The City will not issue a work order until written approval is received from the EPA. The Texas Water Development Board will provide funding. Council Member Byford moved to adopt the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 7991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AMENDMENT NO. 8 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH & ASSOCIATES, INC., FOR THE DESIGN OF THE EAST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION AND IMPROVEMENT OF THE SANITARY SEWER COLLECTION SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FOUR HUNDRED FORTY -SIX THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS ($446,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 970612 -4, Amending Agreement for Engineering Services with Langford Engineering, Inc., for Replacement Aerobic Digesters at the Central District Wastewater Treatment Plant The ordinance amends the Agreement for Engineering Services with Langford Engineering, Inc., for replacement of aerobic digesters at the Central District Wastewater Treatment Plant. The digesters require replacement of the air bridge because of corrosion and improvement of the draft tubes (increase air supply). Current design has only one draft tube that is inadequate to circulate air within the entire concrete basin. The new design would increase the number of draft tubes and improve efficiency of air circulation. The estimated construction cost is $198,000 for both digesters. Funds for this project will come from the 1991 Bond Program. Council Member DonCarlos moved to adopt the ordinance. Council Member Hinds seconded the motion. The vote follows: 970612 -6 Minutes of Regular Session - June 12, 1997 Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 7992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AMENDMENT NO. 8 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND LANGFORD ENGINEERING, INC., FOR THE DESIGN OF THE REPLACEMENT AEROBIC DIGESTER AT THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 1312, Adopting the City of Baytown Mid -Block Crosswalk Policy This resolution adopts the staff's policy which has been developed with input from the Legal Department and the Traffic Division in accordance with the Texas Manual on Uniform Traffic Control Devices. This policy will provide guidance in addressing concerns of organizations requesting mid -block crosswalks. The criteria includes: the street must be used to provide pedestrian access between the organization's properties, must have adequate sight distances, the crosswalk may be located only where the speed is no greater than 40 miles per hour and the nearest traffic signal is greater than 500 feet from the crosswalk. RESOLUTION NO. 1312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A MID -BLOCK CROSSWALK POLICY AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 970612 -7 Minutes of Regular Session - June 12, 1997 Consent Agenda Council considered the consent agenda items "a" through "k." a. Proposed Ordinance No. 970612 -5, authorizes the mid -block crosswalk in front of Memorial Baptist Church. This location for a mid -block crosswalk meets the criteria for placement. The Growth Management and Development Advisory Committee recommends approval. We recommend approval. b. Proposed Ordinance No. 970612 -6, authorizes removal of the traffic signal at the intersection of Decker Drive and Memorial Drive and approves a stop sign. Decker and Memorial Drive do not meet the minimum vehicular volume warrants as prescribed by the Texas Manual on Uniform Traffic Control Devices. The Growth Management and Development Advisory Commission recommends removal of the traffic signal at Decker and Memorial Drive and permanently installing a stop sign on Memorial at Decker Drive. We recommend approval. C. Proposed Ordinance No. 970612 -7, authorizes installation of a traffic signal at 5200 Bayway Drive. The Growth Management and Development Advisory Commission approved a request to install a traffic light at 5200 Bayway Drive which is the entrance to Exxon Baytown Polymers Center. The traffic light will be installed at the expense of Exxon Chemical Company and will operate at peak traffic hours similar to the one located at the Exxon Chemical Complex entrance. We recommend approval. d. Proposed Ordinance No. 970612 -8, authorizes final payment in the amount of $44,800 to Laughlin Environmental, Inc., for asbestos removal in City Hall prior to renovation. The original contract amount was $35,900 with one change order in the amount of $8,900 to remove the spray -on texture in the Council Chamber. Laughlin Environmental, Inc. did an excellent job and completed the project on time. Funds will come from 1991 bond funds. We recommend approval. e. Proposed Ordinance No. 970612 -9, authorizes final payment in the amount of $29,275.36 to D & W Contractors, Inc., for construction of the 970612 -8 Minutes of Regular Session - June 12, 1997 Roseland Park Boat Ramps. The work was completed as of May 30,1997. The bid price was $282,968.65 with one change order for $10,080. The final project cost was $292,753.60 due to small savings in quantities. Funding for this project came from a $200,000 grant from the Texas Parks and Wildlife Department and $92,753.60 from the 1991 Parks and Recreation bond program. Our Engineering Department inspector and our consultants, Busch Hutchison & Associates, have inspected the site and recommend approval. We recommend approval. f. Proposed Ordinance No. 970612 -10, awards the housing rehabilitation contract for 705 Denby to Investment Group in the amount of $16,705. The first low bidder, Baytown Industrial Coating, was disqualified as their bid was not itemized. There were five bid packages picked up and five returned. Rehabilitation includes installing plywood on ceilings, attic stairway, exterior doors, electrical and plumbing systems, soffitt vents, roof bracing, flashing, and turbines. Repairs include the damaged subfloor, closing in the pantry, building a hot water closet, blocking and leveling the foundation, and repairing exterior siding. The office estimate was $17,628.58. We recommend approval. g. Proposed Ordinance No. 970612 -11, awards the housing rehabilitation contract for 807 South Seventh to A -1 Environmental in the amount of $10,453.59. There were five bid packages picked up and five returned. Rehabilitation includes installing sheetrock, interior and exterior doors, carpet in four rooms, and electrical and plumbing systems. Repairs include damaged subfloor, paneling, kitchen floor tile, and bringing HVAC to code. The office estimate was $11,389.17. We recommend approval. h. Consider rejection of bids for a Mini Track Unit. Invitations to bid were mailed to three suppliers and we received four bids (one from manufacturer). The model requested did not meet the City's requirement of retractable tracks which are required to maneuver in and out of small places. We recommend rejecting the bids and rebidding this item. We recommend rejection of bids. i. Proposed Ordinance No. 970612 -12, authorizes an interlocal agreement with Goose Creek School District to purchase software in the amount of 970612 -9 Minutes of Regular Session - June 12, 1997 $24,022. This agreement allows the City to upgrade Office 95 to Office 97 and legalize all of our E -Mail and NT Server software. Funds to cover this expenditure are included in the MIS 96/97 budget. We recommend approval. j. Proposed Ordinance No. 970612 -13, authorizes contract with Harris County in the amount of $20,000 to provide bookmobile services. Harris County will contribute $20,000 toward a shared bookmobile program which serves readers both inside and outside the city limits. The funds are used to pay salaries of bookmobile personnel. This program serves our low income and aged population. The 1996 -97 contract was for $20,000. A map of the areas served is enclosed in the packet. We recommend approval. k. Proposed Ordinance No. 970612 -14, amends Chapter 252 "Standard Sign Code," Section 252 -2 "Definitions "; Section 252 -4 "Sign administrator; enforcement," Subsection (f) "Variances," Subsection (1)(E); Section 252 -7 "Structural requirements," Subsection (E) "Height limitation," Subsection (2) "Exception "; Section 252 -8 "Designation of scenic or historical rights-of-way, districts "; Section 252 -10 "Off- premise sign provisions," Subsection (C) "General location," "Spacing of off - premise signs" chart; and Section 252 -10 "Off- premise sign provisions," Subsection (E) "Construction of certain off - premise sign structures" of the Code of Ordinances of the City of Baytown. Specifically, the proposed amendment conforms the terms used in the ordinance to the terms used by the Texas Transportation Commission in their regulations. We recommend approval. ORDINANCE NO. 7993 AN ORDINANCE AUTHORIZING A MID -BLOCK CROSSWALK IN FRONT OF MEMORIAL BAPTIST CHURCH AT 600 WEST STERLING AVENUE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. N 970612 -10 Minutes of Regular Session - June 12, 1997 ORDINANCE NO. 7994 AN ORDINANCE REMOVING THE TRAFFIC LIGHT AT DECKER DRIVE AND MEMORIAL DRIVE; AUTHORIZING THE PLACEMENT OF A STOP SIGN ON MEMORIAL DRIVE AT THE DECKER DRIVE INTERSECTION; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 7995 AN ORDINANCE APPROVING THE INSTALLATION OF A TRAFFIC SIGNAL AT 5200 BAYWAY DRIVE; AUTHORIZING THE INSTALLATION OF PROPER TRAFFIC CONTROL SIGNALS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE 7996 AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -FOUR THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS ($44,800.00) TO LAUGHLIN ENVIRONMENTAL, INC., FOR REMOVAL OF ASBESTOS MATERIAL FROM CITY HALL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 7997 AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY -NINE THOUSAND TWO HUNDRED SEVENTY -FIVE AND 36/100 DOLLARS ($29,275.36) TO D &W CONTRACTORS, INC., FOR THE CONSTRUCTION OF THE ROSELAND PARK BOAT RAMPS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None For bid tabulation, see Attachments "A" and "B." Consider Appointments to the Baytown Industrial Development Corporation Board Council Member DonCarlos moved to appoint Scott Sheley and Victor Almendarez to the Baytown Industrial Development Corporation Board. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consider Appointment to Baytown Area Community Long -Range Planning Commission. Council Member Hinds moved to confirm the City Manager's appointment of Wayne Baldwin to the Baytown Area Community Long -Range Planning Commission. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None 970612 -13 Minutes of Regular Session - June 12, 1997 Consider Appointments to Growth Management and Development Advisory Commission and Baytown Zoning Commission Council Member Almendarez moved to appoint Frank Reid as the mayoral appointment and David Yepez as the District 1 appointment to the Growth Management and Development Advisory Commission and the Baytown Zoning Commission. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consider Appointment to Community Development Advisory Committee Council will consider this item at a future meeting. Consider Appointment to Baytown Area/West Chambers County Economic Development Foundation Board Council will consider this item at a future meeting. Consider Appointment to Cultural Arts Council Council Member Byford moved to appoint Carla Start to the Cultural Arts Council. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None Consider Election of Mayor Pro Tempore Council Member Sheley nominated Council Member Hinds as Mayor Pro Tempore. Council Member DonCarlos seconded the nomination. The vote follows: 970612 -14 Minutes of Regular Session - June 12, 1997 Ayes: Council Members Byford, Hinds, DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None City Manager's Report Legal Conference Both the City Attorney and the Assistant City Attorneys are attending a conference. Public Relations Firm The articles in the magazine, BUSINESS TODAY, are the result of working with our public relations firm, Vollmer. Emergency Operating g enter Howard Brister is to be congratulated for his work moving our Emergency Management Operating Center. We have moved from the basement at City Hall to the second floor at the City Hall Annex. Landfill Resolution With Council's permission, a resolution in opposition to the landfill will be placed on the next agenda. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk hl inulcs \0G- 12 -97rgr C2TY 01� BAYTOWN BTD TA73UL�1.TTON TTTLE _ _ taniic ;non gr�hahi�,jt_�t- ion Bid Dak'i #97 -OG I3TD : �ir3 p�c -k.��e '�97 -OC u • InvesWent d Grou • 5639 fair Forest ].2109 Poulson 5608 i•7a lc 210 S. Main E Eous ton, '1'x Crosby Tx Hi hl ds Tx IDTES CRT PTT ON P R T CI? PR.T- CE P:RT CE PRT CE Project 997 -11 14,530 12,377 10,444.59 16,900 u _ 16,705 18,805 No Bid 16,300 705 Denby T 2 T L E: :�ousin� Rehabilitation B 2 D = Bid Package #97 -06 DATE : June 2, 1997 10:00 a.m. C I TY O F BAYT OWN I3 S D TABULAT = O N 5027 Charwon I� E S C R 2 P T S O N i PR 2 C E PR I C E PR 2 C E PR I C E 807 S.Seventh Pro'ect #97 -12 20,006 705 Denbv achment "B" s-1 � 1 �n G1 1 o� z� z CT_TY O1' I3.AYTOWN T.AI3ULI %.A. -T- ON TTTLE : _ �in��cin� RPh��t�i 1 i f�� -ion Bid Pa):. {j97 -O6 13ID : F3ir1 n,�c_k,,ge ##97 -OG DATE : ,Tnn� 1937 10:90 a.m. Tnmest menL Grou � _ - Ba ta,•�n Indus . Coati . 5639 Fair . Forest 12109 Poulson 5608 ;•7a le 210 S. P•1ain - I sous ton , '1'x 1 Crosb Tx H'.hlands Tx DESCRTPTTON PRICE PR�_Ci? PRICE PRTCE Project #97 -11 14,530 12,37 10,453.59 16,900 n rniprt R97-12 15,735 18,805 No Bid 16,300 705 Denby