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1999 05 13 CC MinutesN MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 13, 1999 The City Council of the City of Baytown, Texas, met in regular session on May 13, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following in attendance: Victor Almendarez Council Member David Byford Council Member Calvin Mundinger Council Member Coleman Godwin Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Monte Mercer City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: E. Frank Hinds, Jr. Council Member The meeting was opened with a quorum present, and Council Member Sheley led the pledge of allegiance and offered the invocation, after which the following business was conducted: Consider Approval of Minutes for the Regular Meeting held on April 22, 1999 Council Member Byford moved to approve the minutes. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Godwin, and Sheley Mayor Alfaro Nays: None Abstained: Council Member Mundinger 990513 -2 Minutes of Regular Session — May 13, 1999 Consider Approval of Minutes for the Special Session held on May 4, 1999 Council Member Almendarez moved to approve the minutes. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Godwin, and Sheley Mayor Alfaro Nays: None Recognize Former Council Member Manuel Escontrias Mayor Alfaro recognized former Council Member Escontrias to commend him for his service to the City and presented him with a plaque. Council Member Escontrias thanked the Council, the staff, and the citizens of Baytown. He commented that he felt his six years on Council had been very productive. Hold Public Hearing on the Request of D'Laine Smith to Amend the Official Zoning Map of the City of Baytown to Rezone Property Legally Described as Tract 6A -1, out of the J. W. Singleton Survey, Abstract 709, from Neighborhood Conservation (NC) to Mixed Use (MU) at 6:35 p.m. Mayor Alfaro called to order the public hearing concerning the request of D'Laine Smith to amend the official zoning map of the City of Baytown to rezone property legally described as Tract 6A -1 out of the J. W. Singleton Survey, Abstract 709 from NC to MU. He asked all persons desiring to speak at the hearing to sign the list in the foyer as that list would provide the speaking order for the hearing. The City Manager said that the Baytown Zoning Commission had held a public hearing on March 31, 1999, and granted the request for zoning district reclassification of the property. No one from the public expressed opposition. The property is currently zoned Neighborhood Conservation (NC). The applicant is proposing to build a beauty salon and day spa. This is not a permitted use within the NC District. Based on staff analysis, the request meets the six amendment criteria established in the zoning ordinance. Since no one had registered to speak, Mayor Alfaro closed the hearing. 990513 -3 Minutes of Regular Session — May 13, 1999 Consider Proposed Ordinance No. 990513 -1, Amending the Official Zoning Map of the City of Baytown by Changing the Zoning District of the Property Legally Described as Tract 6A -1, out of the J. W. Singleton Survey, Abstract 709, from Neighborhood Conservation (NC) to Mixed Use (MU) Council Member Byford moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Citizen Communication: Erick Ybarra, 7529 Bayway Drive, Appeared to Discuss an Occupancy Permit for 7200 Bayway Drive Mr. Erick Ybarra was not present to speak. Hold Public Hearing on Proposed Annexation of San Jacinto Place Municipal Utility District Nos. 1, 2, 3, and 4 Including the Northeast Corner of the Intersection of John Martin Road at Interstate 10 Feeder, as well as the Portion of Interstate 10 Abutting said Properties and a Small Tract Abutting Goose Creek Stream, Adjacent to San Jacinto Place MUD Nos. 3 and 4 at 6:40 p.m. Mayor Alfaro called to order the public hearing concerning the proposed annexation of San Jacinto Place Municipal Utility District Nos. 1, 2, 3, and 4 including the northeast corner of the intersection of John Martin Road at Interstate 10 Feeder and the portion of Interstate 10 abutting said properties and a small tract abutting Goose Creek Stream adjacent to San Jacinto Place municipal Utility District Nos. 3 and 4. He stated that all persons desiring to speak for or against the annexation at this hearing should sign the list in the foyer as that list would provide the speaking order for the hearing. 990513 -4 Minutes of Regular Session – May 13, 1999 Mayor Alfaro said that the hearing was for the purpose of receiving input regarding the proposed annexation of San Jacinto Place Municipal Utility District Nos. 1, 2, 3, and 4 including the northeast corner of the intersection of John Martin Road at Interstate 10 feeder and the portion of Interstate 10 abutting said properties and a small tract abutting Goose Creek Stream adjacent to San Jacinto Place Municipal Utility District Nos. 3 and 4. He stated that everyone desiring to present information at the hearing would be given ample opportunity to do so. However, he pointed out that this was not an adversarial -type proceeding but an opportunity for all interested persons to be heard. He encouraged each speaker to be as brief and to the point as possible. The City Manager said that with the completion of the Interstate 10 Sanitary Sewer Expansion and the development of two car dealerships, the administration felt this was the appropriate time to annex this area. In accordance with state law, two public hearings must be scheduled on the proposed annexation. The date of the public hearings shall not be more than twenty days nor less than ten days after the publication of each notice of public hearings. Mr. Charles Adams asked if Mr. George Gilman could speak first. George Gilman, 710 North Post Oak Road, Suite 400, Houston Mr. Gilman said he was not in attendance necessarily to object to the concept of annexation. However, he felt another way to accommodate the annexation of the northeast and southeast corners of John Marten Road would be to annex San Jacinto Place Municipal Utility District No. 3 and a small strip along San Jacinto Place Municipal Utility District No. 1. He indicated that most of the property in Districts 1, 2, and 3 is presently under contract to a company out of Dallas for a mixed -use development. He noted that Council should be aware that there are considerable reimbursables due regarding these districts — several hundred thousand dollars. In response to Council inquiry, Mr. Gilman verified that the districts are not currently active, but the process has been initiated for reactivation. A contract with Miller Group of Dallas was entered within the last sixty (60) days. Mr. Gilman clarified that what he was suggesting was to de -annex out of District 3 the southeast corner of MUD 3 (the thirty acres) and leave the remainder of the district intact. However, if the City must annex more than that, he suggested the annexation of District 3 and perhaps a small strip along District 1 to get adjoining pieces and leave the other districts intact. 990513 -5 Minutes of Regular Session — May 13, 1999 Stephen DonCarlos, 2205 Mockingbird, Baytown Mr. DonCarlos stated that he was representing Chartown, a North Carolina partnership, which has purchased the southeast corner of Interstate 10 and John Martin Road. He said that Chartown planned to develop automobile dealerships on the tract and was concerned that the tract be annexed into the City of Baytown. Mr. DonCados said that these water districts have been in place since 1983 without developing the districts and that utilities were in place with City water lines and sewer lines. He said his client was going to participate in putting in an oversize line from the southeast corner to Goose Creek which would open the entire area to development including San Jacinto Place Municipal Utility District No. 4. He encouraged Council to proceed with the annexation and not delay. Jeff Gilman, 710 North Post Oak Road, Suite 400, Houston Mr. Gilman asked if Charles Adams could speak in his place. Charles Adams, 3050 Post Oak Boulevard, Suite 15, Houston Mr. Adams said he was in charge of the retail division with Henry S. Miller & Company in the Houston office of the Dallas firm. He said his firm was working on a master plan development for a shopping center, additional retail, and other mixed uses within the 255 acres. He asked Council to consider accepting the de- annexation of part or all of District 3. He emphasized that they did not wish to hinder or delay the automobile dealership as the dealership would be a good draw for their development. As no one else had registered to speak, Mayor Alfaro closed the public hearing. Hold Public Hearing on Proposed Annexation of San Jacinto Place Municipal Utility District Nos. 1, 2, 3, and 4, Including the Northeast Corner of the Intersection of John Martin Road at Interstate 10 Feeder, as well as the Portion of Interstate 10 Abutting said Properties and a Small Tract Abutting Goose Creek Stream, Adjacent to San Jacinto Place MUD Nos. 3 and 4 at 6:50 p.m. Mayor Alfaro called to order the public hearing concerning the proposed annexation of San Jacinto Place Municipal Utility District Nos. 1, 2, 3, and 4 including the northeast corner of the intersection of John Martin Road at 990513 -6 Minutes of Regular Session — May 13,1999 Interstate 10 Feeder and the portion of Interstate 10 abutting said properties and a small tract abutting Goose Creek Stream adjacent to San Jacinto Place municipal Utility District Nos. 3 and 4. He stated that all persons desiring to speak for or against the annexation at this hearing should sign the list in the foyer as that list would provide the speaking order for the hearing. The City Manager said that with the completion of the Interstate 10 Sanitary Sewer Expansion and the development of two car dealerships, the administration felt this was the appropriate time to annex this area. In accordance with state law, two public hearings must be scheduled on the proposed annexation. The date of the public hearings shall not be more than twenty days nor less than ten days after publication of each notice of public hearings. Since no one had registered to speak, Mayor Alfaro closed the public hearing. Mayor's Remarks Mayor Alfaro welcomed Council Member Mundinger. Consider Approval of the 1999 Equal Opportunity /Affirmative Action Plan The City of Baytown has increased in overall female representation in four of nine categories and in minority representation in three out of nine. There was an increase in female representation in the skilled worker category. The skilled worker category includes non - traditional jobs for females such as utility maintenance worker, equipment operators, wastewater plant operators, and warehouse building maintenance. Council Member Byford moved to approve the 1999 Equal Opportunity /Affirmative Action Plan. Council Member Godwin seconded the motion. In response to inquiry from Council, the City Manager said that minority workers in skills had decreased from 52 percent to 44 percent. Mayor Alfaro said that the City was making an effort to diversity its work force and hiring the most qualified people possible. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None 990513 -7 Minutes of Regular Session — May 13, 1999 Consider Proposed Ordinance No. 990513 -2, First Reading on Proposed Annexation of a Ten -Acre Tract Situated Between Thompson Road and San Jacinto River Authority Canal, Adjacent to Truck Stops of America The City of Baytown has received a request to annex a ten -acre tract between Thompson Road and San Jacinto River Authority Canal adjacent to Truck Stops of America, the future site of a truck washing facility. In accordance with state law and the charter of the City of Baytown, the first reading on annexation must be had not more than forty nor less than twenty days after the public hearings. Public hearings on the proposed annexation of this tract were held at the council meeting on April 8. All procedures prescribed by state law and charter have been met to allow council to proceed on first reading. Council Member Godwin moved to approve the ordinance on first reading. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8575 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A TEN (10) ACRE TRACT SITUATED BETWEEN THOMPSON ROAD AND SAN JACINTO RIVER AUTHORITY CANAL, ADJACENT TO TRUCK STOPS OF AMERICA; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 990513 -3, Authorizing Payment to Langford Engineering, Inc., for the Force Main Diversion Project for the Winter Haven Lift Station This contract was originally authorized by the City Manager because of a possible administrative order by TNRCC and the urgent need to remedy the problem to avoid such order. The estimated amount was $9,500. However, the final amount of $11,119.93 exceeds the City Manager's authority limit. Therefore, this first and final payment is presented to Council for approval. The scope of work involved investigation of a sanitary sewer by -pass in the vicinity of 990513 -8 Minutes of Regular Session — May 13, 1999 Memory Lane and Savell Drive in the Whispering Pines Subdivision. This work would determine the cause of the by -pass and develop alternatives to correct the condition. Funds will come from a 1997 Texas Water Development Board loan. Council Member Almendarez moved to adopt the ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8576 AN ORDINANCE AUTHORIZING THE PAYMENT OF ELEVEN THOUSAND ONE HUNDRED NINETEEN AND 931100 DOLLARS ($11,119.93) TO LANGFORD ENGINEERING, INC., TO PREPARE AN ENGINEERING REPORT TO DETERMINE ALTERNATIVE METHODS OF FORCE MAIN DIVERSION FOR WINTER HAVEN LIFT STATION; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 990513 -4, Repealing Section 2 of Ordinance No. 8194 and Authorizing Payment in Accordance with Amendment No. 9 to the Agreement for Engineering Services with Wayne Smith & Associates Concerning Plans and Specifications for the 1998 Storm Drainage Improvements Project The ordinance authorizes payment in the amount of $430,000 to Wayne Smith & Associates for plans and specifications for the 1998 storm drainage improvement project and the comprehensive drainage plan. On February 12, 1998, City Council authorized Amendment 9 to this Agreement which specified $300,000 fixed fee for the comprehensive drainage plan and $100,000 for the 1998 storm drainage improvement project on a time and materials basis. The fee for the 1998 storm drainage improvements project has increased under the terms and conditions of the agreement to $130,000 due to additional surveying needs, property descriptions, and re- design of storm routing for Abbe Subdivision. Since Section 2 of Ordinance No. 8194 authorized $100,000 for the engineering services for the 1998 storm drainage improvements, that section must be amended to authorize the increased payment. The increase will be funded by 1997 Certificates of Obligation. 990513 -9 Minutes of Regular Session — May 13,1999 Council Member Byford moved to adopt the ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 8194 PASSED ON FEBRUARY 12, 1998; AUTHORIZING PAYMENT IN THE AMOUNT OF FOUR HUNDRED THIRTY THOUSAND AND N01100 DOLLARS ($430,000.00) TO WAYNE SMITH AND ASSOCIATES, INC., FOR PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE 1998 STORM DRAINAGE IMPROVEMENTS PROJECT AND THE COMPREHENSIVE DRAINAGE PLAN; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 990513 -5, Repealing Section 1 of Ordinance No. 8420 and Authorizing Payment in Accordance with Amendment No. 14 to the Agreement for Engineering Services with Langford Engineering, Inc., Concerning Plans and Specifications for the Relocation of the 16 -Inch Waterline on Spur 330 The ordinance authorizes payment in the amount of $30,000 to Langford Engineering, Inc., for plans and specifications for the relocation of the sixteen - inch waterline on Spur 330. On October 8, 1998, Council authorized Amendment No. 14 to the agreement with Langford Engineering, Inc., to prepare plans and specifications for this project. The agreement, as amended, included a fee of compensation based on time and materials. The estimated engineering fee at the time council approved the amendment for this project was $21,100. The fee for this project has increased under the terms and conditions of the agreement to $30,000 due to additional surveying needs and coordination of design with TxDOT. Since Section 1 of Ordinance 8420 authorized $21,100 for the engineering services for the relocation of the sixteen -inch waterline on Spur 330, the ordinance must be amended to authorize the increased payment. The increase will be funded by 1991 water bonds. 990513 -10 Minutes of Regular Session — May 13, 1999 Council Member Almendarez moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 8420 PASSED ON OCTOBER 8, 1998; AUTHORIZING PAYMENT IN THE AMOUNT OF THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00) TO LANGFORD ENGINEERING, INC., FOR PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE RELOCATION OF 16 -INCH WATERLINE ON SPUR 330 PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Approval of Plans and Specifications for the Country Club Estates Lift Station and Force Main The scope of work is for the construction of a 170 gpm lift station, 270 linear feet of six -inch force main and 1,040 linear feet of eight -inch gravity sanitary sewer system to serve new development along the east side of Emmett O. Hutto Boulevard. The estimated construction cost is $176,470. The City's share is 17 percent or $30,000 to be funded by 1998 Certificates of Obligation. As the area develops, the City will recoup the costs through connection fees. The construction duration is sixty calendar days. Council Member Sheley moved to approve the plans and specifications and authorize advertisement for bids. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None Minutes of Regular Session — May 13, 1999 Consent Agenda 990513 -11 Council considered the consent agenda items "a," "b," "c," and "e" through a. Proposed Ordinance No. 990513 -6, consents to the creation of Harris County Rural Fire Prevention District No. 14, which will include certain territory within the extraterritorial jurisdiction of the City of Baytown. According to the Fire Chief, the boundaries of the District mirror the current response area for the Highlands Volunteer Fire Department as assigned by the Harris County Fire Marshal's Office. The proposed District will be designed to secure public safety, welfare, and convenience and will aid in conserving the real property and natural resources in the District's territory. Consent of the City of Baytown is necessary in order for the portion of the City's extraterritorial jurisdiction to be included within the territory of the District. This proposed ordinance conditions the City's consent to the creation of the District upon the following: (1) Prior written consent of the City for issuance of bonds or notes; (2) Approval by the City Manager of contracts that exceed one year, unless it is to be paid from bonds previously authorized by the City; (3) Submitting to the City a copy of the District's proposed annual budget prior to adoption; (4) the District's proceeding in good faith and with due diligence to negotiate and execute a contract with the City for the provision of fire prevention and protection services upon annexation of any portion of the District's territory by the City if requested by the City; and (5) the District's written acceptance of the terms and conditions of the City's consent. The District will not be finally created until after a vote of the people residing within the territory of the District. This is the same procedure used to create a rural fire prevention district for Crosby. We recommend approval. 990513 -12 Minutes of Regular Session — May 13, 1999 b. Proposed Ordinance No. 990513 -7, amends Chapter 118 "Signs," Article II "Administration," Division 4 "Permits," Section 118 -139 "Political Signs." Currently, the Code of Ordinances allows for the placement of political signs on private property only and effectively precludes the placement of political signs at the early voting and election day polling places. The proposed amendment provides an exception to allow the placement of political signs in a designated area at least 100 feet from the main entrance to a polling place. This area may be designated by the city manager when a city facility is used as a polling place or by an official of another governmental entity when that entity's facility is being utilized. We recommend approval. C. Proposed Ordinance No. 990513 -8, amends Chapter 8, Absence, Section 2, Vacation, Subsection I, of the City of Baytown Personnel Policy Manual to authorize the transfer of vacation leave credits between employees for a serious health condition as defined under the Family Medical Leave (FMLA) Policy of the City of Baytown. Currently, transferring of vacation accruals is prohibited. This provision will allow the transfer of accrued vacation time to provide paid time off for an employee who has exhausted paid time during a "serious health condition." The transfer of vacation time for any one individual shall not exceed ninety (90) eight -hour days, and shall require approval of the Department Director and Human Resources. We recommend approval. e. Proposed Ordinance No. 990513 -10, authorizes an appraisal agreement for the Baytown Industrial Districts with Thos. Y. Pickett & Company, Inc. The City has contracted for several years with Thos. Y. Pickett to provide the valuations of properties for the City's industrial districts and to provide general advice on planning for the impact of any pollution control exemptions granted by the TNRCC. The total contract is $24,000 which is the same as last year. We recommend approval. f. Proposed Ordinance No. 990513 -11, amends Chapter 94 "Traffic and Vehicles," Article 1 "In General," Section 94 -7 "Display of security company's name; use of emergency lights or sirens," of the Code of Ordinances, by adding subsections (c) and (d) requiring the Chief of Police to approve uniforms of security service 990513 -13 Minutes of Regular Session — May 13, 1999 personnel. Specifically, subsection (c) requires that all uniforms of security service be approved by the Chief of Police and that the same not resemble uniforms of the Baytown Police Department. Subsection (d) sets forth a penalty not to exceed $500 for violating section 94 -7 of the Code of Ordinances which section requires not only that the Chief of Police approve uniforms of a security company's personnel but also requires the following: (1) a security company's name must be displayed on the company's vehicles, and (2) a security company's vehicle shall not be equipped with emergency lights and /or sirens. A similar provision was contained in the Code of Ordinances, Baytown, Texas, prior to its recodification in 1997. We recommend approval. g. Proposed Ordinance No. 990513 -12, authorizes West Bay Organics, L.C., Industrial District Agreement for a seven -year period. This is the first of such agreement with West Bay Organics who purchased the assets from Fine Organics in its Chapter 7 bankruptcy proceeding. West Bay Organics' first industrial district payment will be for the year 1999. This agreement is in conformity with the policies adopted by the City Council for companies in the City's industrial districts. We recommend approval. h. Proposed Resolution No. 990513 -1, authorizes Chambers County Mosquito Control to use aerial application methods for the purpose of mosquito control within that portion of the City of Baytown located within Chambers County. Chambers County Mosquito Control, in accordance with Federal Aviation Administration requirements, has requested official authorization by Council to perform aerial spraying for the purpose of mosquito control within the city limits of Baytown located within Chambers County. Chambers County 1999 Aerial Program will include dispensing ultra -low volumes (0.5 oz/acre to 3.0 oz/acre) of Malathion or Naled for the control of adult mosquitoes. All applications will be made at attitudes of 200 to 300 feet. 990513 -14 Minutes of Regular Session — May 13, 1999 f"^ Chambers County has been performing aerial spraying in this area for several years. Each year Council's approval is requested for this program. We recommend approval. L Proposed Ordinance No. 990513 -13, awards the annual wastewater lab analysis contract to EFEH & Associates in the amount of $10,525. Invitations to bid were mailed to ten suppliers and we received seven bids and three no -bids. This contract is used by the Wastewater Treatment Plants for lab analysis testing in accordance with TNRCC and EPA mandates. We recommend approval. j. Proposed Ordinance No. 990513 -14, authorizes payment for rental of copiers for the Harris County Organized Crime /Narcotics Task Force (HCOC /NTF), Municipal Court, and Planning and Community Development Departments to Xerox in the amount of $39,960. Funds are budgeted in each department's budget for this expenditure and the cost per copier per year is $4,440 through the state contract. Copier rental for each department is for a three - year period. We recommend approval. k. Proposed Ordinance No. 990513 -15, awards the sole source purchase of a lift- station pump from Pump and Power Equipment Co. in the amount of $13,325. A 42 HP eight -inch submersible pump has failed due to a broken shaft. Gorman -Rupp pumps were supplied with this plant lift station when it was built approximately 4- '/2 years ago. Pump and Power Equipment is the sole source supplier of the pumps in this area. Major modifications of the lift station would be needed if the brand and pump design were changed. We recommend approval. Council Member Sheley moved to adopt the consent agenda items "a," "b," "c," and ue" through "k." The vote follows: FM 990513 -15 Minutes of Regular Session — May 13, 1999 Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8579 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONSENTING TO THE CREATION OF HARRIS COUNTY RURAL FIRE PREVENTION DISTRICT NO. 14, TO INCLUDE CERTAIN TERRITORY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8580 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MENDING CHAPTER 118 "SIGNS," ARTICLE II "ADMINISTRATION," DIVISION 4 "PERMITS," SECTION 118 -189 "POLITICAL SIGNS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO PROVIDE FOR THE TRANSFER OF VACATION TIME TO A SERIOUSLY ILL EMPLOYEE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 8582 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL APPRAISAL SERVICES CONTRACT WITH THOS. Y. PICKETT & COMPANY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990513 -16 Minutes of Regular Session — May 13, 1999 ORDINANCE NO. 8583 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE I "IN GENERAL," SECTION 94 -7 "DISPLAY OF SECURITY COMPANY'S NAME; USE OF EMERGENCY LIGHTS OR SIRENS," BY ADDING SUBSECTIONS (C) AND (D) TO THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; 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. ORDINANCE NO. 8584 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH WEST BAY ORGANICS, L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8585 AN ORDINANCE ACCEPTING THE BID OF EFEH & ASSOCIATES FOR THE ANNUAL WASTEWATER LAB ANALYSIS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TEN THOUSAND FIVE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($10,525.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990513 -17 Minutes of Regular Session — May 13, 1999 ORDINANCE NO. 8586 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -NINE THOUSAND NINE HUNDRED SIXTY AND NO /100 DOLLARS ($39,960.00) TO XEROX CORPORATION FOR THE RENTAL OF XEROX COPIERS FOR THE MUNICIPAL COURT, HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE, AND PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8587 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THIRTEEN THOUSAND THREE HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($13,325.00) TO PUMP AND POWER EQUIPMENT COMPANY AS THE SOLE SOURCE FOR A GORMAN -RUPP PUMP; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. For bid tabulation, see Attachment "A." Proposed Ordinance No. 990513 -9, Approves Change Order No. 2 in the Amount of $49,310 to the East District Wastewater Treatment Plant Expansion Contract with Craig, Sheffield & Austin, Inc. Part of this location has been used as a landfill in past years, and landfill materials were excavated during construction. The contractor was then required to haul the excavated material to designated areas. The limits of this fill material were not accurately defined by the geotechnical sampling performed during the design phase of this project. The contract award amount was $2,610,900 and this change order represents a 1.9 percent growth. The contract's original duration was 260 working days and the contract duration remains unchanged. Funds will come from a 1997 Texas Water Development Board loan. Future excavations will be taken to the landfill. The TNRCC may require us to move the material that has already been excavated to a permanent landfill. 990513 -18 Minutes of Regular Session — May 13, 1999 ORDINANCE NO. 8588 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CRAIG, SHEFFIELD & AUSTIN, INC., FOR THE EAST DISTRICT 1.5 MGD SEWER PLANT EXPANSION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY - NINE THOUSAND THREE HUNDRED TEN AND NO /100 DOLLARS ($49,310.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointment to the Growth Management & Development Advisory Commission Council Member Almendarez moved to appoint John D. Jones to the Growth Management & Development Advisory Commission. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None Consider Appointments to the Baytown Area Community Long -Range Planning Commission Council Member Byford moved to appoint Mike Wilson as the City Manager's appointee to the Baytown Area Community Long -Range Planning Commission. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None 990513 -19 Minutes of Regular Session — May 13, 1999 Consider Appointments to the Urban Rehabilitation Standards Review Board Council Member Sheley moved to appoint William Gidley, W. A. McElhannon, William J. Reineke, and Tom Hughes to the Urban Rehabilitation Standards Review Board. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None Consider Appointments to the Construction Board of Adjustments and Appeals Council Member Godwin moved to appoint Jesse F. Stovall, Jr., Lynn A. Seamans, Jim Starrett, William A. McElhannon, Bill Burge, Monte Young, and Gary S. Ruyle to the Construct Board of Adjustments and appeals. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Godwin, and Sheley Mayor Alfaro Nays: None Consider Appointments to the Auto Wrecker Committee Council will consider this item at a future meeting. City Manager's Report City Fest The next City Fest will be on Saturday, May 22, at Central Heights Park. 990513 -20 Minutes of Regular Session — May 13, 1999 Storm Debris Collection The collection will take place over the next three weeks. Crews are working extended hours until the cleanup is completed. City Picnic The city picnic is scheduled for May 21 at Roseland Park. City Inspectors The City Manager recognized Robert Parks and Mike Prewitt for the job they do as city inspectors. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk N a p d E x u d CITY OF BAYTOWN TABULATION TITLE: ANNUAL WASTEWATER LAB ANALYSIS CONTRACT BID #: 010 -99 DATE: MAY 6, 1999 2:00 P.M. NO. TY UNIT DFSCRIPTION C}iAPARRAL LAO CORE LADORATORIES EFEii 8 ASSOCIATES ENViRONi•fENTAL CHE 1 t\Lii.A. LABS SEVERN TRENT UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EAT. PRICE UNIT PRICE EAT. PRICE UNIT PRICE EAT. PRICE UNIT PRICE EAT. PRICE 1 200 each DOD, TSS, Oil &Grease 55.00 11,000.00 100.00 20,000.00 29.40 5,880.00 74.50 14,900.00 35.00 7,000.00 40.00 8.000.00 2 6 each Scan -40 CFR 122 6 5 each DTEX 25.00 125.00 100.00 500.00 5 5 each Appendix D, Tabic IIl 280.00 1,680.00 360.00 2,160.00 95.00 570.00 316.50 1,899.00 300.00 1,800.00 400.00 2,400.00 3 8 each Scan -40 CFR l22 Appendix D, 850.00 6,800.00 900.00 7,200.00 335.00 2,680.00 879.00 7,032.00 800.00 6,400.00 650.00 5,200.00 Tabic 11 & lII 4 5 each 4 Pollutants from Table V 200.00 1,000.00 145.00 725.00 89.00 445.00 120.00 600.00 150.00 750.00 260.00 1,300.00 5 S each 19 Pollutants from Table V 200.00 1,000.00 920.00 4,600.00 190.00 950.00 1,300.00 6,500.00 400.00 2.000.00 260.00 1,300.00 GRAND TOTAL: 21,480.00 3a,6ss.UO � 10,525.00 30,931.00 17,9so.00 18,200.00 LOCATION: HOUSTON, TEXAS HOUSTON, TEXAS PEARLAND, TEXAS HOUSTON, TEXAS HOUSTON, TEXAS HOUSTON, TEXAS NO. TY UNIT DESCRIPTION SPL.. [NC. UNIT PRICE EXT. PRICE 1 200 each DOD, TSS, Oil &Grease 71.00 14,200.00 2 6 each Scan -40 CFR 122 3 5 each Scan - 40 CRF 122 Appendix D, Table 1I & [II Appendix D, Table III 286.00 1,716.00 3 8 each Scan -40 CFR l22 Appendix D, 661.00 5,288.00 Pollutants from Tabic V) Tabic li & II[ 5 4 5 each 4 Pollutants from Tabic V 6 5 each DTEX 25.00 125.00 100.00 500.00 5 5 each 19 Pollutants from Tabic V 309.00 1,545.00 GRAND TOTAL: 23,249.00 LOCATION: HOUSTON, TEXAS Mailed !0 bids and received 7 bids and 3 no -bids. Pace Analytical, Talenr, lac., arrc Star Analyticol no -bid. Companies no -bid because the grrantities were too small and these companies were not located close enough jor this contract to be cost eJjective. LAST YEAR'S BID. A & B ENVIRONA7ENTAI. NO. QTY. UNIT DESCRIPTION UNIT PRICE EAT. PRICE 1 200 each DOD, TSS, OIL&: GREASE 40.00 8.000.00 2 5 each Scan - 40 CRF 122 Appendix D, Tabic [ll 330.00 1,650.00 3 5 each Scan - 40 CRF 122 Appendix D, Table 1I & [II 660.00 3,300.00 4 5 each Cycloltexane, Ethylene Dibromidc, isoprene, St�•rcne (4 90.00 450.00 Pollutants from Tabic V) 5 12 each Oil&. Grcasc 20.00 240.00 6 5 each DTEX 25.00 125.00 7 2 each Scan - 40 CRF l22 Appendix D, Tabic IIl R. V 880.00 1,760.00 8 3 each Scan - 40 CRF 122 Appendix D, Table II, II[, & V 1210.00 3,630.00 Tlris year's contract is a 45.05% decrease in awarded amorrrrt compared to last year's ativarded contract. slh/ 9 TABULATION ANNUAL WASTEWATER LA8 ANALYSIS CONTRACT.xIs Grand Total: t9,I55.00 Page 1 of 1 5/ 7:25 AM