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1999 10 28 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 28, 1999 The City Council of the City of Baytown, Texas, met in regular session on October 28, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following in attendance: Victor Almendarez David Byford Calvin Mundinger E. Frank Hinds, Jr. Coleman Godwin Scott Sheley Pete C. Alfaro Monte Mercer Ignacio Ramirez Eileen P. Hall Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk The meeting was opened with a quorum present, and Council Member Almendarez led the pledge of allegiance and offered the invocation, after which the following business was conducted: Consider Approval of Minutes for Regular Meeting held October 14,1999 Council Member Almendarez moved to approve the minutes. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Mundinger, Hinds, and Godwin Mayor Alfaro Nays: None Abstained: Council Member Byford 991028 -2 Minutes of Regular Session — October 28, 1999 Citizen's Communications Jean Chelette, 2011 Amelia presented a petition and spoke to Council regarding noise and dust in her neighborhood from Sprinttank Comgany. She said that people in the neighborhood had talked to people at the company, that the Police had been called several times, and that the company refused to return calls from the Health Department. The City Manager said that the administration would investigate and report to Ms. Chelette. Consider Approval of Preliminary Official Statement (POS) and Notice of Sale (NOS) for Sale of Baytown Area Water Authority/Water Supply Contract Revenue Bonds (City of Baytown, Series 1999) This will be the first phase of the Baytown Area Water Authority expansion project, to sell approximately $9,095,000 in Revenue Bonds. In order to hold the sale, it is necessary for the BAWA Board and the City Council to approve the Preliminary Official Statement (POS) and Notice of Sale (NOS). The notice provides for the sale on November 10, 1999, at 1:30 p.m. Council will have an item on its agenda for approval on November 11, 1999. Council Member Byford moved to approve the Preliminary Official Statement (POS) and Notice of Sale (NOS) for Sale of BAWA/Water Supply Contract Revenue bonds (City of Baytown, Series 1999). Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, and Godwin Mayor Alfaro Nays: None Citizen's Communications Mayor Alfaro said that Mr. White had signed up to speak to Item 2 and had not been called. Mr. White said he was the oldest property owner adjacent to the Sprinttank facility. He said he had owned the property twenty -five or thirty years and had a shop building on it. Mr. White stated that there were two problems, dust and noise. He said that large bin - moving trucks work twenty -four hours a day. He noted that the prevailing winds in Baytown are from the southeast, and when the wind speed 991028 -3 Minutes of Regular Session — October 28, 1999 reaches five miles an hour, the dust problem is horrendous. He said that the facility is not completely paved, and the dust problem could be solved by paving. Mr. White said the noise is caused by huge, metal waste bins, 25 to 30 feet high, stacked one on top of another. He said that even in his shop there is constant banging, and it must be worse at night for people trying to sleep. He said that industry noise during the daytime is understandable but that twenty -four hour banging is not. He said that perhaps a sound barrier would alleviate the noise so people can rest at night. He suggested that Council work with these people to come up with a solution to the noise pollution problem. In addition, Mr. White said Amelia Street leads right into this. He thanked Council for the improvements to Amelia Street, curbs added where needed, etc. He suggested that before the contractor was paid for cost overruns on the work, that Council speak to the abutting property owners about that high crown that had to be removed as the crown was unnecessary. Hold Public Hearing on Regulated Cable Rates and Equipment Submitted by Texas Cable Partners, L.P. ( "TCP), on FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services" and Form 1205 "Determining Regulated Equipment and Installation Costs" at 6:35 p.m. Pursuant to the cable rate regulations adopted, the City Council must hold at least one public hearing at which interested persons may express their views and record objections concerning the adjustment of regulated cable rates and selected equipment and services. The FCC rules allow the City ninety days to review the proposed schedule of rates after which time TCP may implement such rates subject to a prospective rate reduction and refund if the City subsequently issues a written decision disapproving any portion of such rates. Mayor Alfaro called to order the public hearing concerning the regulated cable rates and associated equipment and services as submitted by Texas Cable Partners, L.P. He asked that everyone desiring to speak at this hearing sign the list in the foyer as the list will provide the speaking order for the hearing. He stated that everyone desiring to present information would be given ample opportunity to do so. However, he encouraged each speaker to be as brief and to the point as possible. He emphasized that this is not an adversarial - type proceeding but an opportunity to be heard on the cable rate adjustments as proposed by Texas Cable Partners. He asked that any questions be directed to him, and he said that with the aid of the staff he would attempt to have the questions answered. 991028 -4 Minutes of Regular Session — October 28, 1999 Mr. Jorge Franz, Texas Cable Partners Mr. Franz distributed a printed summary of the changes to Council. He said that most of the rates have gone down. The basic rate of $9.69 is going down to $8.97. Mr. Franz said that two rates were going up: the expanded basic rate from $17.50 to $19.55 which is not a regulated rate; and the converter box from $3.25 to $3.49. Everything else is staying the same or going down. The installation for an unwired home is dropping from $44.95 to $39.50. Council Member Hinds said that the fees going down were one -time charges and that he was concerned about the monthly fees that have gone up by $1.33 a month. He asked why the basic was down and the expanded basic was up. Mr. Franz replied that expanded basic was where the channels such as CNN, Discovery Channels, etc. were carried and that every year the programmers increased the quality and product so it cost more to produce the programs and the rates increased. Council Member Godwin asked why the lineup was different in Baytown from the one in Houston. Mr. Franz answered that the areas were serviced differently. The Baytown hub was built using copper and the one in Houston was built using fiber optics. All of the hubs are being upgraded. Mayor Alfaro said that the summary distributed by Mr. Franz showed the basic current rate as $9.69. Mr. Franz said that was before June 1, 1999. Mayor Alfaro said he thought it was $9.01. Mr. Franz said that $9.01 was the maximum permitted rate the FCC would have allowed this time. Mr. Franz said that instead they selected $8.97. Council Member Almendarez said that he received calls about pay for view programs when a customer paid for a program and his cable went out. Mr. Franz said that sometimes the cable did not work for various reasons. He said that if this were a frequent occurrence he would like to know about it. There being no other persons desiring to speak, Mayor Alfaro closed the public hearing. 991028 -5 Minutes of Regular Session — October 28, 1999 Consider Proposed Ordinance No. 991028 -1, Rejecting the Schedule of Rates for Basic Service Tier Cable Proposed by Texas Cable Partners, L.P. (TCP), Establishing the Maximum Permitted Basic Cable Service Rates per Subscriber per Month, and Allowing "Mark -up" Costs Subject to Refund On or about March 1, 1999, TCP submitted to the City a FCC Form 1240 with a schedule of rates for the basic service tier and expanded basic service tier. Being certified to regulate these rates, the City, through its consultant C2 Consulting Services, Inc., ( "C2 "), reviewed the proposed schedule of rates which went into effect ninety days after their submission in accordance with FCC rules, subject to a prospective rate reduction and refund. Based upon its review, C2 recommends the following: Forced Relocates: TCP has not supported the inclusion of forced relocate costs in its rate filing. The information provided by TCP as well as AT &T Cable Services was insufficient to determine the extent to which the costs were "increases" to those included for such activity at the time the initial rates were established. Further, based upon this information, TCP has attributed all of these costs to the basic service tier instead of allocating those among regulated and non - regulated services. The proposed ordinance, therefore, excludes these costs from the basic service rates. Mark -up Allowances: These allowances are not allowed pursuant to the current FCC regulations although the FCC has initiated rule- making proceedings, which could result in the reinstatement of such allowances. Given the fact that the FCC is presently considering this issue, the proposed ordinance allows for the mark -up allowances for purposes of this rate filing but provides for a refund should mark -up allowances not be reinstated as a cost component. Should the City Council approve the proposed ordinance, the resulting basic service rate will be $8.97, instead of the $9.01 currently charged. The new rate year is from June 1, 1999 to May 31, 2000. Council Member Byford moved to adopt the ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, and Godwin Mayor Alfaro Nays: None 991028 -6 Minutes of Regular Session — October 28, 1999 ORDINANCE NO. 8729 AN ORDINANCE REJECTING THE SCHEDULE OF RATES FOR BASIC SERVICE TIER CABLE PROPOSED BY TEXAS CABLE PARTNERS, L.P., AND FINDING SUCH PROPOSED RATES UNREASONABLE; ESTABLISHING THE MAXIMUM PERMITTED PER SUBSCRIBER PER MONTH BASIC CABLE SERVICE RATES; ALLOWING "MARK -UP" COSTS SUBJECT TO REFUND; SETTING FORTH OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 991028 -2, Establishing the Maximum Hourly Service Charge to be Used to Develop the Equipment and Installation Rates of Texas Cable Partners, L.P. (TCP), Establishing the Maximum Permitted Rates for Equipment and Installation Charges, and Disallowing the Proposed Field Collection Charge On or about March 1, 1999, TCP submitted to the City a FCC Form 1205 with a proposed schedule of equipment and installation rates and thereafter on or about April 20, 1999, amended the same. Being certified to regulate these rates, the City, through its consultant C2 Consulting Services, Inc. (C2), reviewed the proposed schedule of rates, which went into effect ninety days after their submission in accordance with FCC rules, subject to a prospective rate reduction and refund. Based upon its review, C2 recommends the following: Inappropriate Fiscal Year: The original rates were based upon the costs for the fiscal year 1997 instead of the most recent fiscal year as required by the FCC regulations. Because of the recent transfer, TCP obtained data from TCI and submitted amended rates based upon three of the sample systems selected in TCI's 1999 aggregated filing. These systems are Houston, Houston Bay, and Fort Bend. The data from each of these sample systems incorporate inappropriate costs. Therefore, the inappropriate costs have been excluded in the proposed ordinance. Proposed Field Collection Charge: The costs incurred for "Field Collection" are being recovered in other rates. Therefore, any additional charge for this activity produces a double recovery, which should be disallowed. im 991028 -7 Minutes of Regular Session — October 28,1999 Based upon C2's findings and recommendations, the proposed ordinance establishes an hourly service charge of $26.49 to be used in the development of the installation and equipment rates; adopts specific installation and equipment rates and disallows the "Field Collection Charge." Council Member Almendarez moved to adopt the ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, and Godwin Mayor Alfaro Nays: None ORDINANCE NO. 8730 AN ORDINANCE ESTABLISHING THE MAXIMUM HOURLY SERVICE CHARGE TO BE USED TO DEVELOP THE EQUIPMENT AND INSTALLATION RATES FOR TEXAS CABLE PARTNERS, L.P.; ESTABLISHING THE MAXIMUM PERMITTED RATES FOR EQUIPMENT AND INSTALLATION CHARGES; DISALLOWING THE PROPOSED FIELD COLLECTION CHARGE; SETTING FORTH OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Request from Busch Hutchinson & Associates, Inc., for an Extension for Final Plat Approval for San Jacinto Park On October 20, 1999, the Growth Management and Development Advisory Commission met to consider a request for a six -month extension to file a final plat for San Jacinto Park. The original staff recommendation to the Commission was to approve an extension of ninety days; however, the recommendation was changed because pursuant to Section 126 -186 of the Code, the Commission does not have authority to grant such an extension. This section specifies that all final plats must be filed within 180 days after preliminary approval, and only the director of planning and community development is authorized to extend that time by no more than 270 days. The preliminary plat was approved January 21, 1998, and the 270 -day period expired October 18, 1998. The Commission referred the matter to City Council for a final decision. 991028 -8 Minutes of Regular Session — October 28, 1999 Mayor Alfaro announced that the three - minute rule was suspended for this discussion. Jim Hutchison, Busch, Hutchison & Associates, Inc. Mr. Hutchison stated that in January 1998 Legna applied for and received preliminary plat approval to develop a manufactured home subdivision with a retention pond on a forty -acre tract north of Jack In Box at Interstate 10 and Garth Road. He said Legna then purchased a 374 -acre tract adjacent to the forty -acre tract. Busch, Hutchison & Associates had been hired to do the platting and design of the subdivision for the manufactured home subdivision and were asked to do the preliminary work on the plat for the 347 -acre tract. He said that between January and June 1998, Busch, Hutchison & Associates learned that Harris County was going to improve Garth Road. Mr. Hutchison said these three projects (the 40 -acre tract, the 374 -acre tract, and the work on Garth Road) were intertwined, because there was no drainage in that area. He said that Garth Road does not drain and there is no place to drain it so his firm began a drainage study in June 1998 on all three projects. In October 1998, his firm submitted a proposal to Harris County for the engineering work on Garth Road. Mr. Hutchison stated that In December 1998, Legna began working on the reactivation of a municipal utility district (MUD) for the 400 -acre tract. He said a general plan was submitted and legislation was drawn. Mr. Hutchison said that in December 1998 his firm submitted a drainage study to Harris County Flood Control (HCFC) designed to handle Garth Road and the 400 -acre subdivision. HCFC returned the review with comments in February 1999, and the study was resubmitted in September 1999. To date, there has been no response from HCFC. George Jerome Mr. Jerome told Council that in January 1998 he received preliminary approval for the plat of San Jacinto Park. He said that because of the other two related projects he applied for an extension and received that in writing from the Planning Department. He said he then made subsequent requests for extensions and on October 5, 1998, and February 24, 1999, requested extensions and received verbal replies from the Director of Planning. He said he wrote requesting another extension in August 1999 and the Director of Planning returned his letter with her comments and on August 26 received a letter from the Director stating that the 270 days had been exceeded and no extensions would be granted. In response to inquiry from Council, Mr. Jerome said that he had not requested many extensions in the past but approvals were always verbal. 991028 -9 Minutes of Regular Session — October 28, 1999 Glen Angel, President of Legna Land Development Mr. Angel asked Council to grant the requested extension so he could move forward with his project. Mayor Alfaro asked if it was customary to file for preliminary plat approval (December 1997) and wait one year before submitting the drainage plan to Harris County Flood Control. Mr. Angel responded that if he had proceeded with the San Jacinto Park project alone, it would have required a retention pond with electric pumps. He said he was not comfortable with a situation where if flooding occurred and the power went out, flooding would occur. He purchased the 400 -acre tract adjacent to the San Jacinto Park project so that instead of an unsightly retention pond, he could build a lake on the adjacent property. Knox Askins, Attorney Mr. Askins asked Council to grant the extension for the San Jacinto Park project in order to provide housing at all economic levels. He stated that he did not believe that any injury to the City occurred. Also, he asked Council to consider amending the ordinance as to the 270 -day time limit. He noted that meeting requirements of the HCFC and other agencies took so much of the developer's time that he did not believe the time limit was realistic. In response to inquiry from Council, Mr. Askins said the time delay was due to the additional land purchase, the decision of Harris County to widen Garth Road, and the necessity of reactivating the water district through the legislature. Jim Hutchison Mr. Hutchison addressed Council regarding the timing of the preliminary plat, which was filed with retention and pumps and noted, that would not have been submitted to HCFC for approval but to the City. He said that when the Garth Road project and the 374 -acre tract came into the picture, the project became more complex because of the amount of drainage involved. He said it would be necessary to dig a ditch across the 374 acres, across North Main, across Wallisville Road, down Wallisville Road to Ellis Branch which required time consuming HEC -1 and HEC -2 studies. Mayor's Comments Council has received calls regarding the developer filing for preliminary plat approval on the day before the ordinance changed when he was not ready to proceed with the project. Minutes of Regular Session - October 28, 1999 Jim Hutchison 991028 -10 Mr. Hutchison said the plan was ready but was affected by later developments, Garth Road and the 374 -acre tract. Glen Angel Mr. Angel said that before he purchased the property for the San Jacinto Park project, he talked to City Manager Bobby Rountree regarding sewer and water service. Mr. Angel said that when the ordinance was going to be changed, Mr. Rountree called him with the information because he knew Mr. Angel had inquired about the current ordinance before he purchased the property. City Manager's Comments The City Manager said that the preliminary plat was filed 22 months ago, well in excess of the 270 -day limit. He said that any actions taken by the City during this period benefited the developer. However, he emphasized that at this point no progress had been made by the developer on this project. He said that the City had two choices: (1) strict interpretation of the ordinance to deny the permit or (2) consider mitigating circumstances and approve the six -month extension. He said that the staff should administer the ordinances with integrity and consistency and recommended the denial of the extension. Council Member Hinds' Comments Council Member Hinds stated that it was not a matter of whether the City would allow Legna to build a project, but a question of under which ordinance. He said the original plat filed December 15, 1997, was for a forty -acre manufactured homes project. Under the 270 days given the plans for that, the project could have gotten under way. However, the developer purchased an additional 374 -acre tract which is a new project of the manufactured home project of 40 acres and the development of the additional 374 acres. Tying the two together created delays with Harris County Flood Control. He stated that since the developer was delaying the manufactured homes project because of the additional 374 acres, the initial plat filed in December 1997 is no longer applicable. Council Member Hinds said the developer should submit a new initial plat covering the whole project. Council Member Almendarez Comments Council Member Almendarez asked if the size of the manufactured home project was going to be the same and if the purchase of the extra 374 acres was to put in more manufactured homes or because of the drainage problem. Minutes of Regular Session — October 28, 1999 Glen Angel 991028 -11 Mr. Angel said the size of the project would increase because of the overall retention. Council Member Hinds' Comments Council .Member Hinds said that if Legna had not purchased the additional 374 acres, the manufactured home park would be under construction by now. He stated that it was the choice of the developer to buy the extra property and delay the project. Mayor Alfaro's Comments Mayor Alfaro asked if a preliminary plat submitted to the City was still valid when additional land was added Glen Angel Mr. Angel stated that the plat for San Jacinto Park was still in effect and would continue as originally filed. He said that the extension requested was for San Jacinto Park and that Spring Meadows would have a preliminary plat when they were ready for the first section. Council Member Godwin's Comments Council Member Godwin quoted from the ordinance, "This section specifies that all final plats be filed within 180 days after their approval and only the Director of Planning is authorized to extend that time by no more than 270 days." He emphasized that the preliminary plat was approved January 1, 1998, expired October 18, 1998, and nothing had been since then. Mayor Alfaro noted that the 270 days ran out in October of 1998. Council Member Almendarez moved to grant a six -month extension to Busch Hutchison & Associates for final plat approval for San Jacinto Park. Council Member Byford seconded the motion. In response to inquiry from the floor, Mayor Alfaro said that he could not speak for the other members of Council and was not prepared to say that another extension could be granted in six months. He commented that he thought the probability was high of being back here in another six months. 991028 -12 Minutes of Regular Session — October 28, 1999 In response to inquiry from Council, Mr. Angel stated that he did not know if the San Jacinto Park project could be 75 percent complete in six months as that would depend on Harris County Flood Control. The vote follows: Ayes: Council Members Almendarez and Byford Nays: Council Members Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Mayor Alfaro announced that the motion failed and the extension was denied. Consider Proposed Ordinance No. 991014 -3, Authorizing the First Amendment to the Foreign Trade Zone Agreement with Exxon Corporation Extending the Period of Time for the Phase Out and Authorizing a Letter of Support On August 16, 1995, the City of Baytown and Exxon Corporation entered into a Foreign Trade Zone Agreement supporting an extension of the U.S. Department of Commerce Grant for the Exxon Corporation's complex as a foreign trade subzone. Specifically, the City agreed to execute a letter of support of the designation of Exxon's Baytown Complex as a foreign trade subzone. In exchange, Exxon agreed to make a supplemental payment to the City to ensure that the City would not be financially impacted by the designation. Such payments were guaranteed for a period of five years. Thereafter, should 51 percent or more of the Texas Gulf Coast Refining Capacity become exempt from payment of any tax or other revenue - enhancing proceeds for area municipalities, Exxon could phase out such payments to the City over a period of three years. Exxon has recently requested another letter from the City supporting Exxon's desired extension of the U.S. Department of Commerce Grant for the Exxon Corporation Baytown Complex as a foreign trade subzone. In exchange, Exxon has agreed to extend the phase out from three to five years. Council Member Almendarez moved to adopt the ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Godwin, and Sheley Nays: None Abstained: Council Member Hinds Mayor Alfaro 991028 -13 Minutes of Regular Session — October 28, 1999 ORDINANCE NO. 8731 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE FOREIGN TRADE ZONE AGREEMENT WITH EXXON CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 991028 -4, Awarding the Trash Removal and Disposal Contract at East District Wastewater Treatment Plant Expansion to USA Waste of Texas Landfills, Inc. Three bids were received. USA Waste of Texas Landfills, Inc., was the lowest responsible bidder in the amount of $146,250. The scope of work includes providing sufficient containers and hauling filled containers to a permitted landfill. The City will provide the crew and equipment necessary to load the containers on site. The engineer's cost estimate was $250,000. The construction duration is sixty calendar days. This will be funded by interest earnings on Water and Sewer Revenue Bonds. Council Member Byford moved to adopt the ordinance. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8732 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH USA WASTE OF TEXAS LANDFILLS, INC., FOR THE TRASH REMOVAL AND DISPOSAL AT EAST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED FORTY -SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($146,250.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1W 991028 -14 Minutes of Regular Session — October 28, 1999 Consider Proposed Ordinance No. 991028 -5, Approving Deduct Change Order No. 4 to Adjust Final Quantities in the amount of $29,857.90 and Final Payment in the amount of $199,365.38 to William H. Gray Construction Co., Inc., and Accepting the 1 -10 Sanitary Sewer Extension Project The contract award amount was $2,395,110.00, and the final contract amount is $2,540,719.33 that represents a 6.08 percent cost growth. The cost growth was largely due to unexpected utility conflicts, associated removal and replacement of drainage culverts, and required lowering of a 24 -inch sanitary sewer line at the Garth Road end of the project. The original contract duration was 180 calendar days. Change Order No. 3 added thirty calendar days, and the contractor completed the work in 210 calendar days with satisfactory workmanship. This work was funded by 1998 Certificates of Obligation. Council Member Hinds moved to adopt the ordinance. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8733 AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 4 WITH WILLIAM H. GRAY CONSTRUCTION COMPANY, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE 1 -10 SANITARY SEWER EXTENSION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED NINETY - NINE THOUSAND THREE HUNDRED SIXTY -FIVE AND 381100 DOLLARS ($199,365.38) TO WILLIAM H. GRAY CONSTRUCTION COMPANY, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 991028 -6, Amending the Architectural Service Contract with Wiginton Hooker Jeffry, P.C., Architects, to Prepare Plans and Specifications for the Municipal Court and Jail The proposed amendment increases the reimbursable budget amount from $20,000 to $35,000. The increased cost is directly due to the overwhelming response by bidders on this project. WHJ anticipated the reproduction of twenty plan sets but seventy plan sets were required. This will be funded by the Crime Control Prevention District. 991028-15 Minutes of Regular Session — October 28, 1999 Council Member Hinds moved to adopt the ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF BAYTOWN AND WIGINTON HOOKER JEFFRY, P.C., FOR THE JAIL AND MUNICIPAL COURT COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 991028 -7, Amending the Engineering Service Contract with 3D /International, Inc. (31311), to implement Texas Natural Resources Conservation Commission (TNRCC) LPST Corrective Action Response for 1200 Lee Drive and 3200 North Main Street Sites This corrective action is part of an on -going project which as it proceeds may require additional funding. This amendment authorizes 313/1 to install an additional monitoring well at 1200 Lee Drive and two wells at 3200 North Main to delineate the groundwater plume. 313/1 will dispose of soil cuttings, purged groundwater, and provide a Field Assessment Report. Texas Natural Resources Conservation Commission (TNRCC) has pre- approved reimbursement up to $13,008. 3D /International has quoted $17,138 to perform this service. The City's portion will come from 1991 Bond Interest funds. Council Member Godwin moved to adopt the ordinance. Council Member Hinds seconded the motion. In response to inquiry from Council, the City Manager said that there were now nine wells and TNRCC asked for four additional wells but settled for three. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 991028 -16 Minutes of Regular Session — October 28, 1999 ORDINANCE NO. 8735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS APPROVING AMENDMENT NO. 3 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND 31) INTERNATIONAL ENVIRONMENTAL GROUP FOR IMPLEMENTATION OF TEXAS NATURAL RESOURCE CONSERVATION COMMISSION'S LEAKING PETROLEUM STORAGE TANK ACTION RESPONSE FOR 1200 LEE DRIVE AND 3200 NORTH MAIN STREET; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SEVENTEEN THOUSAND ONE HUNDRED THIRTY -EIGHT AND NO /100 DOLLARS ($17,138.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 991028 -8, Amends Chapter 58 "Manufactured Homes, Mobile Homes and Parks," Article I "in General," of the Code of Ordinances, by adding Section 58 -6 "Skirting Required" This new section requires skirting around manufactured homes when the homes are originally placed or otherwise moved. Skirting would not be required on a manufactured home placed prior to the adoption of this ordinance unless the home is moved. The skirting must be fire- resistant and installed within sixty days after placement of the manufactured home. Such skirting must be maintained, securely attached, and appropriately sized. The space underneath the skirting cannot be used for storage unless: (a) the storage area has a base of impervious material; (b) the stored items do not interfere with the underneath inspection of the manufactured home; and (c) the stored items are noncombustible and stored in a manner to prevent rodent harborage and insect breeding. Council Member Mundinger moved to adopt the ordinance. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 991028 -17 Minutes of Regular Session — October 28, 1999 ORDINANCE NO. 8736 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 58 "MANUFACTURED HOMES, MOBILE HOMES AND PARKS," ARTICLE I "IN GENERAL" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 58 -6 "SKIRTING REQUIRED;" PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consent Agenda Council considered the consent agenda items "a" through "f" and "h" through "p" removing item "g." a. Proposed Ordinance No. 991028 -9, amends Chapter 18 "Buildings and Building Regulations" Article XI "Landscaping," Section 18 -1201 "General Regulations," subsection (b) (1) (c) of the Code of Ordinances. The proposed ordinance revises the provisions of the landscape ordinance to include that if within a three -year period the impervious surface area of a non - residential development is increased by 25 percent or more or within a three -year period 25 percent or more of the imperious surface area of a non - residential development is reconstructed, the streetscaping provisions would apply. This is to prevent increases to the impervious surface area of less than 25 percent over a period of time to avoid the provisions of the ordinance. The proposed revisions have been reviewed by the Growth Management Commission, and the Long -Range Planning Commission recommended approval. We recommend approval. b. Proposed Ordinance No. 991028 -10, amends Chapter 42 "Health and Sanitation," Article II "Public Health Hazards," Division 1 "Generally," Section 42 -31 "Presumption of knowledge" and Division 2 "Public Health Nuisances," Section 42 -64 "Notice," Section 42 -65 "Abatement," Subsections (a) and (c), and Section 42 -66 "Removal by city" of the Code of Ordinances. This proposed ordinance brings the City's current ordinances into compliance with state law H.B. 1110 that relates to the requirements for notice of violations of certain municipal 991028 -18 Minutes of Regular Session — October 28, 1999 ordinances. State law allows municipalities to abate certain nuisances if owners of property fail to comply with the requirements of municipal ordinances. Prior to the new bill, the City was required to give the property owners ten days to abate any such nuisance; however, with the passage of the new bill, the City is now only required to give the property owners seven days to comply with its ordinances. Furthermore, House Bill 1110: requires notice be given to the owner at the owner's address as recorded in the appraisal district records of the county in which the property is located instead of at the owner's post office address; requires, if personal service cannot be obtained, notice be given only once by publication, instead of twice; ➢ provides that if a notice is returned "refused" or "unclaimed," the notice will be deemed valid and considered delivered; and authorizes the City to inform the owner of property by regular mail and a posting on the property that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the City without further notice may correct the violation at the owner's expense and assess the expense against the property. The proposed ordinance incorporates these changes in state law. We recommend approval. C. Proposed Ordinance No. 991028 -11, authorizes payment to the Texas Natural Resource Conservation Commission (TNRCC) for the Annual Water Quality Assessment Fees. The ordinance authorizes payment in the amount of $17,167.50 for the funding of a state program to assess the quality of the river basins of the state in response to the federal Clean Water Act. Senate Bill 818 requires the TNRCC to recover the reasonable costs of the assessment program from wastewater permit holders and water right holders. We recommend approval. d. Proposed Ordinance No. 991028 -12, authorizes payment to the Texas Natural Resource Conservation Commission (TNRCC) for the Annual Waste Treatment Fees. The ordinance authorizes 991028 -19 Minutes of Regular Session — October 28, 1999 payment in the amount of $42,582. The Wastewater Treatment Fee, assessed annually each October 31, in accordance with 30 TAC, Chapter 305, Subchapter M, is imposed on each permittee holding a permit under the Texas Water Code, Chapter 26. All fees are be deposited in a fund for the purpose of supplementing other funds appropriated by the legislature to pay the expenses of the commission to administer water quality programs consistent with the provisions of the Texas Water Code, Chapter 26, the rules and orders of the commission, and the provisions of the commission permits governing waste discharges and water treatment facilities. Point calculations are based on the daily average flow limits and permitted parameters specified in the permit. This is a 65 percent increase due to TNRCC assumed administration of the National Pollution Discharge Elimination (NPDES) permitting. We recommend approval. e. Proposed Ordinance No. 991028 -13, authorizes renewing a delinquent tax collection agreement with Randall B. Strong. The City of Baytown originally entered into an agreement for the collection of delinquent ad valorem taxes in August of 1993, which agreement was subsequently assigned to Mr. Strong for a term of two years. In August of 1995, the City renewed the contract with an expiration of September 1, 1997. In August 1997 the City renewed the contract for a 25 -month period to coincide with the City's fiscal year. The contract expired September 30, 1999. This will renew the contract from October 1999 through September 2001. We recommend approval. Proposed Resolution No. 991028 -1, requests the sheriff to sell certain property at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the property will be sold at a public auction at the courthouse door of the county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As such, it is believed that this process will provide the City an efficient mechanism for (i) returning deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety and quality of life throughout the City. This resolution authorizes the sale of the following property: 991028 -20 Minutes of Regular Session — October 28, 1999 Property Address: 411 North Jones Legal Description: Block 4, East 70 feet of Lots 7 and 8, Martin, Baytown, Harris County, Texas The right of redemption has expired on the property, and the property contains no improvements. We recommend approval. g. Proposed Ordinance No. 991028 -14, accepts the bid of Durrett Demolition for the demolition of structures 800 Yupon, 1129 Turner, 1108 Stowe, 3316 Illinois, 3408 Illinois, and 3412 Illinois. The Urban Rehabilitation Review Board issued orders to demolish these structures at their August 2, 1999 meeting. Each structure is an abandoned house. Durrett Demolition was the lowest bidder for a total bid of $10,306. Council will consider this item at a future date. h. Proposed Ordinance No. 991028 -15, renews the annual Sludge Disposal contract to Rustin Transportation in the amount of $143,520. This contract is used for the collection, hauling, and disposal of processed sewage sludge at each of the three City Wastewater Treatment Plants. This is the first year renewal for the same unit pricing, terms, and conditions. Due to increased treatment capacity, this year's contract award is an 8.3 percent increase over last year's contract award. We recommend approval. Proposed Ordinance No. 991028 -16, authorizes the purchase of laser printers from dEd- World, Inc., a Qualified Information Systems Vendor (QISV), in the amount of $36,115. Specifications and invitations to submit quotes were sent to three QISV vendors, and two vendors responded. The quote is for ten HP LaserJet 405OTN and seven HP LaserJet 8000 DW printers. All of these printers will be networked. We recommend approval. 991028 -21 Minutes of Regular Session — October 28, 1999 j. Proposed Ordinance No. 991028 -17, authorizes the sole source purchase of Emergency Medical Services Report Writing Software from Sweet Computer Services, Inc., in the amount of $13,970.50. This product is designed to integrate directly with the current EMS billing software. We recommend approval. k. Proposed Ordinance No. 991028 -18, authorizes the sole source purchase of Pen -Link Software System for Harris County Organized Crime /Narcotics Task Force in the amount of $13,500. Pen -Link Software is widely recognized as an industry standard in law enforcement. This is a Pen -Link Version 7.0 network system for three users. The funding is from grant funds. We recommend approval. Proposed Ordinance No. 991028 -19, awards the bid for approximately one - quarter acre (0.2455 acre) located adjacent to the Landing at Cedar Bayou, Section One, Chambers County, Texas, to Norman Dykes in the amount of $7,610. Two invitations to bid were picked up and we received two bids. We recommend approval. M. Proposed Ordinance No. 991028 -20, authorizes an earnest money contract with Lex Hochner, Jr., for the private sale of the following properties in Baytown, Texas: (1) 0.5306 undivided interest in Tract 1 and Tract 12R, Abstract 66 William Scott totaling approximately 19.9970 acres, Abstract 842 Harvey Whiting; (2) 0.4694 undivided interest in Tract 12 totaling approximately 40.43 acres, Abstract 66 William Scott; (3) 0.4694 undivided interest in Tract 1 and Tract 12R, Abstract 66 William Scott, totaling approximately 19.9970 acres, Abstract 842 Harvey Whiting; and (4) 0.5306 undivided interest in Tract 12 totaling 40.43 acres, Abstract 66 William Scott. These properties were previously foreclosed on by the City of Baytown for delinquent ad valorem taxes. Pursuant to the proposed contract, the City will receive a total of $18,861.20 from 991028 -22 Minutes of Regular Session — October 28, 1999 the sale that represents the total amount of the delinquent taxes due and owing to the City. We recommend approval. n. Proposed Ordinance No. 991028 -21, authorizes the purchase of one street sweeper through Houston - Galveston Area Council (H -GAC) in the amount of $109,238.69. The street sweeper will be used by the Streets and Drainage Department. Funds will come from the Replacement Vehicle Fund. We recommend approval. o. Proposed Ordinance No. 991028 -22, authorizes the purchase of three light -duty, extended -cab pickup trucks through Houston - Galveston Area Council (H -GAC) in the amount of $49,414.17. One pickup truck ($15,953.23) will be used in the Neighborhood Protection Division for the additional Code Enforcement Officer authorized in the FY 9912000 budget. Two replacement pickup trucks ($33,460.94) will be used by the Mosquito Control Division to provide local pesticide spraying. The Code Enforcement vehicle will be funded through the Community Development Block Grant Program. We recommend approval. P. Proposed Resolution No. 991028 -2, authorizes transfer of $50,000 to ensure that the budget as a whole is not exceeded in accordance with Section 68 of the City Charter. This is primarily a "housekeeping" function. Unexpected turnover and an employee's market required the Human Resource Department to exceed their advertising budget. Their budgeted funds were based on prior years' experience; however, some specific positions have been difficult to fill. The unused funds for the vacant positions are proposed for reallocation to the Human Resource Department for advertising. We recommend approval. Council Member Byford moved to adopt the consent agenda items "a" through "f' and "h" through "p" removing "g." Council Member Hinds seconded the motion. The vote follows: 991028 -23 Minutes of Regular Session — October 28, 1999 Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8737 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XI "LANDSCAPING," SECTION 18- 1201 "GENERAL REGULATIONS," SUBSECTION (13)(1)(C) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8738 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE II "PUBLIC HEALTH HAZARDS," DIVISION I "GENERALLY," SECTION 42 -31 "PRESUMPTION OF KNOWLEDGE" AND DIVISION 2 "PUBLIC HEALTH NUISANCES," SECTION 42 -64 "NOTICE," SECTION 42 -65 "ABATEMENT," SUBSECTIONS (A) AND (C), AND SECTION 42 -66 "REMOVAL BY CITY" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8739 AN ORDINANCE AUTHORIZING THE PAYMENT OF SEVENTEEN THOUSAND ONE HUNDRED SIXTY -SEVEN AND 501100 DOLLARS ($17,167.50) TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AS THE COST FOR THE ANNUAL WATER QUALITY ASSESSMENT FEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 991028 -24 Minutes of Regular Session — October 28, 1999 ORDINANCE NO. 8740 AN ORDINANCE AUTHORIZING THE PAYMENT OF FORTY - TWO THOUSAND FIVE HUNDRED EIGHTY -TWO AND NO /100 DOLLARS ($42,582.00) TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AS THE COST FOR THE ANNUAL WASTE TREATMENT ASSESSMENT FEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH RANDALL B. STRONG FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF TO SELL A CERTAIN PROPERTY AT A PUBLIC SALE PURSUANT TO SECTION 34.05(©OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8742 AN ORDINANCE RENEWING THE CONTRACT OF RUSTIN TRANSPORTATION FOR THE ANNUAL SLUDGE DISPOSAL CONTRACT —REBID AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FORTY - THREE THOUSAND FIVE HUNDRED TWENTY AND NO /100 DOLLARS ($143,520.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 991028 -25 Minutes of Regular Session — October 28,1999 ORDINANCE NO. 8744 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THIRTEEN THOUSAND NINE HUNDRED SEVENTY AND 501100 DOLLARS ($13,970.50) TO SWEET COMPUTER SERVICES, INC., AS THE SOLE SOURCE FOR EMERGENCY MEDICAL SERVICES (EMS) REPORT WRITING SOFTWARE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8745 AND ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THIRTEEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($13,500.00) TO PEN -LINK, LTD., AS THE SOLE SOURCE FOR PEN -LINK SOFTWARE FOR THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8746 AN ORDINANCE ACCEPTING THE BID OF NORMAN W. DYKES IN THE AMOUNT OF SEVEN THOUSAND SIX HUNDRED TEN AND NO /100 DOLLARS ($7,610.00) FOR THE SALE OF APPROXIMATELY ONE QUARTER (114) ACRE (0.2455) LOCATED ADJACENT TO THE LANDING AT CEDAR BAYOU, SECTION ONE, BAYTOWN, CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8747 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EARNEST MONEY CONTRACT WITH LEX HOCHNER, JR., OR HIS ASSIGNS, FOR THE PRIVATE SALE OF PROPERTY LOCATED IN BAYTOWN, HARRIS COUNTY, TEXAS, PREVIOUSLY FORECLOSED ON BY THE CITY OF BAYTOWN FOR DELINQUENT AD VALOREM TAXES; APPROVING AS AUTHORIZED ALL PREVIOUS ACTIONS TAKEN BY THE CITY OF BAYTOWN CONCERNING THE FORECLOSURE OF THE CITY'S TAX LIEN ON THE PROPERTY AND THE CONVEYANCE OF THE PROPERTY; AUTHORIZING THE MAYOR TO EXECUTE A DEED WITHOUT WARRANTY CONVEYING THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 991028 -26 Minutes of Regular Session — October 28, 1999 ORDINANCE NO. 8748 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINE THOUSAND TWO HUNDRED THIRTY -EIGHT AND 691100 DOLLARS ($109,238.69) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) STREET SWEEPER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8749 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -NINE THOUSAND FOUR HUNDRED FOURTEEN AND 171100 DOLLARS ($49,414.17) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) LIGHT DUTY, EXTENDED CAB PICKUP TRUCKS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS FROM VARIOUS ACCOUNTS WITHIN THE GENERAL FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 991028 -3, Casting the City of Baytown's Ballot for the Election of a Representative to the Board of Directors of the Harris County Appraisal District The City of Baytown, along with other cities in Harris County, except Houston, nominate a representative for the HCAD Board of Directors and each entity then must cast its ballot for the nominee of its choice. Baytown nominated Bill Harry at the regular meeting on October 14, 1999, to serve as representative of the cities other than Houston. The proposed resolution casts Baytown's ballot for Bill Harry's election. Council Member Hinds moved to adopt the resolution. Council Member Almendarez seconded the motion. The vote follows: 991028 -27 Minutes of Regular Session — October 28, 1999 Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None RESOLUTION NO. 1410 A RESOLUTION CASTING THE CITY OF BAYTOWN'S BALLOT FOR THE ELECTION OF A REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT FOR THE YEAR 2000; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointment to Community Development Advisory Board Council will consider this item at a future date. City Manager Report The City Manager had no report at this time. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk