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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970612 -12
Minutes of Regular Session - June 12, 1997
Council Member Byford moved to accept the consent agenda. 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
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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
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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