1999 12 09 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 9, 1999 The City Council of the City of Baytown, Texas, met in regular session on December 9, 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 E. Frank Hinds, Jr. 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 The meeting was opened with a quorum present, and Council Member Mundinger 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 November 23, 1999 Council Member Godwin moved to approve the minutes. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Byford, Godwin, and Sheley Mayor Alfaro Nays: None Abstained: Council Members Almendarez, Mundinger, and Hinds. 991209 -2 Minutes of Regular Session — December 9, 1999 Consider Approval of Minutes for the Special Meeting held on December 6, 1999 Council Member Byford moved to approve the minutes. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Byford, Mundinger, Godwin, and Sheley Nays: None Abstained: Council Members Almendarez and Hinds Mayor Alfaro Consider Authorization to Solicit Requests for Proposals for DevelopmentJOperation of a Hotel /Convention Center at Bayland Park At its meeting on November 30, 1999, the Hotel- Convention Center Committee determined to request that Council seek proposals through local notification. The Committee felt that proposals could be solicited locally with little administrative effort. The proposal will include a clause for specific performance dates to be met to maintain the land lease. The timeline provides for receipt of proposals on January 7, 2000, with award of a contract on February 10, 2000. Council Member Almendarez moved to authorize soliciting requests for proposals for development/operation of a hotel /convention center at Bayland Park. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Proposed Ordinance No. 990912 -1, Setting the Time, Date, and Place for a Public Hearing to Adopt and Amend Rules Governing Plats and Subdivisions of Land within the City and the Extra - Territorial Jurisdiction of the City for 6:35 p.m. on January 13, 2000 This public hearing is required by Section 212.002 of the Texas Local Government Code and must occur prior to council adopting or amending rules governing plats and subdivisions of land. The proposed changes to the City's current subdivision ordinance pertain to redefining a "subdivision." Currently, subdivision is defined as when a property is divided into six or more parts. The 991209 -3 Minutes of Regular Session — December 9, 1999 proposed change defines subdivision as when a property is divided into two or more parts. Another change will establish a procedure for approval of minor plats, which are those subdivisions that include four or fewer lots and both of the following conditions are satisfied: each lot of the subdivision shall have frontage on an existing public street, and shall not necessitate the creation of any new street, or the extension of any existing street; and the subdivision shall be served by existing municipal utilities of adequate capacity, and shall not necessitate the extension of any municipal utilities, except for the installation of service lines to the individual lot(s) from existing mains of adequate capacity. The proposed ordinance also establishes an administrative procedure for considering and approving amending plats. Amending plats are plat amendments, which are needed to correct an error contained in the preceding plat including, but not limited to, an error in a real property description, an omission of a distance, and scrivener's errors. These proposed changes are designed to promote the health, safety, and general welfare of the city and the safe, orderly, and healthful development of the city. The Growth Management and Development Advisory Commission will review the staff recommendations at its December 15 meeting and make a recommendation to the City Council. The hearing is being scheduled in order to hold the public hearing and implement any recommendations from Growth Management at the January 13 Council Meeting. Council Member Mundinger moved to adopt the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8781 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE RULES GOVERNING PLATS AND SUBDIVISIONS OF LAND WITHIN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 991209 -4 Minutes of Regular Session — December 9, 1999 Hold Public Hearing on Request to Operate Board of Pardons and Parole Office at 1307 South Highway 146 (Old Pelly Junction Site) at 6:35 p.m. Mayor Alfaro called to order the public hearing concerning the request to operate a Board of Pardons and Paroles Office at 1307 State Highway 146, Baytown, Harris County, Texas. He asked that everyone desiring to speak at the hearing sign the list in the foyer as that list would provide the speaking order for the hearing. He stated that the hearing was to allow the citizens of Baytown to speak regarding the proposed location of a Board of Pardons and Paroles Office at 1307 State Highway 146, Baytown, Harris County, Texas. He said 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 said that was not an adversarial -type proceeding, but an opportunity for all interested persons to be heard. The City Manager said that the location at 1307 State Highway 146 was within 1,000 feet of a residential area requiring local notice be given and a public hearing held. GR Properties has been commissioned by the General Services Commission to locate a facility in Baytown. This particular site was selected because people who utilize this site will probably utilize the other two state agency sites across the street. If this location were not within 1,000 feet of a residential area, a primary or secondary school, or property designated as a park or public recreation area, no consent would be needed. The building is to be refurbished with a stucco finish. It will house seven officers and two to three clerical staff. There will be an average of twenty -five parolees per day at this location. The Board of Pardons and Parole has selected Baytown because of the population of parolees already residing in Baytown or the surrounding area. Wayne Webb, 713 East Republic Mr. Webb asked Council take more time to review this location as it was close to a residential area, the Grand Parkway, and a public school. Since no one else had registered to speak, Mayor Alfaro closed the public hearing. Hold Public Hearings on the Proposed Annexation of an Approximate Eighteen -Acre Tract at the Southwest Corner of Garth Road at Lynchburg - Cedar Bayou Road at 6:40 p.m. Mayor Alfaro called to order the public hearing concerning the proposed annexation of an approximate eighteen -acre tract at the southwest corner of Garth Road at West Lynchburg Cedar Bayou Road. He asked all persons desiring to speak to sign the list in the back of the foyer as the list would provide the speaking order for the hearings. 991209 -5 Minutes of Regular Session — December 9, 1999 The City of Baytown has received a request to annex the property and plans to annex the adjoining roadway at this location. In accordance with state law, two public hearings must be held on the proposed annexation. The owners of the property, Jerilyn Novosad, Lula Fay Benes, and Luther Glenn Yarbrough have requested annexation of the tract. Plans are to construct a Home Depot at this site. 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 hearing. Said publication was made on November 26, 1999 in The Baytown Sun. Since no one had registered to speak, Mayor Alfaro closed the public hearing. Consider Proposed Resolution No. 991209 -2, Denying Local Consent to the Operation of a Board of Pardons and Paroles Office at 1307 State Highway 146 On or about November 15, 1999, the City received notice from a representative of the Texas Board of Pardons and Paroles regarding the use of the facility located at 1307 State Highway 146 as a parole office. Because the proposed location is within 1,000 feet of a residential area, the City Council has the opportunity to determine whether the operation of a correctional or rehabilitation facility at the proposed location is in the best interest of the City. However, if the proposed location was not within 1,000 feet of a residential area, a primary or secondary school, or property designated as a park or public recreation area by the state or political subdivision of the state, or a church, synagogue or other place of worship, the City's consent to the proposed location would not be necessary. According to the representative, this site was selected because people who will utilize the pardons and paroles office also will probably utilize the other two state agency sites across the State Highway 146. The administration recommended denial. Council Member Mundinger moved to adopt the resolution denying local consent. Council Member Almendarez seconded the motion. In response to inquiry from Council, the City Manager said that in a commercial area, local consent would not be required. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 991209 -6 Minutes of Regular Session — December 9, 1999 RESOLUTION NO. 1418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING CONSENT TO THE OPERATION OF A BOARD OF PARDONS AND PAROLES OFFICE AT 1307 STATE HIGHWAY 146; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Hold Public Hearings on the Proposed Annexation of an Approximate Eighteen -Acre Tract at the Southwest Corner of Garth Road at Lynchburg - Cedar Bayou Road at 6:45 p.m. Mayor Alfaro called to order the public hearing concerning the proposed annexation of an approximate eighteen -acre tract at the southwest corner of Garth Road at West Lynchburg Cedar Bayou Road. He asked all persons desiring to speak to sign the list in the back of the foyer as the list would provide the speaking order for the hearings. The City of Baytown has received a request to annex the property and plans to annex the adjoining roadway at this location. In accordance with state law, two public hearings must be held on the proposed annexation. The owners of the property, Jerilyn Novosad, Lula Fay Benes, and Luther Glenn Yarbrough have requested annexation of the tract. Plans are to construct a Home Depot at this site. 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 hearing. Said publication was made on November 26, 1999 in The Baytown Sun. Since no one had registered to speak, Mayor Alfaro closed the public hearing. Consider Proposed Ordinance No. 990912 -2, Adopting an Annexation Plan Pursuant to Section 43.052 of the Texas Local Government Code that Specifically Identifies Annexations that may Occur Beginning on the Third Anniversary Date the Annexation Plan is Adopted At this time, the City of Baytown plans to annex only those areas that are exempt from inclusion in a municipal annexation plan, which annexations may include: ➢ areas containing fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; 991209 -7 Minutes of Regular Session — December 9, 1999 ➢ areas to be annexed by petition of more than fifty percent of the real property owners in the area proposed for annexation or by vote or petition of the qualified voters or real property owners; ➢ areas which are, or were, the subject of: ➢ an industrial district contract or ➢ a strategic partnership agreement; areas located in a colonia; ➢ areas less than 1,000 feet in width that are annexed pursuant to agreements with adjacent municipalities; ➢ areas located completely within the boundaries of a closed military installation; ➢ areas that the municipality determines are necessary to protect the area proposed for annexation or the municipality from: ➢ imminent destruction of property or injury to persons; a condition or use that constitutes a public or private nuisance as defined by background principles of nuisance and property law of this state; or ➢ areas that may hereinafter become exempt from inclusion in a municipal annexation plan. Therefore, at this time, there are no areas to be included in the City of Baytown's annexation plan. Council Member Mundinger moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8782 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING AN ANNEXATION PLAN PURSUANT TO SECTION 43.052 OF THE TEXAS LOCAL GOVERNMENT CODE THAT SPECIFICALLY IDENTIFIES ANNEXATIONS THAT MAY OCCUR BEGINNING ON THE THIRD ANNIVERSARY DATE HEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 991209 -8 Minutes of Regular Session — December 9, 1999 Consider Proposed Ordinance No. 991209 -3, Authorizing a Release and Contract of Settlement with Busch, Hutchinson & Associates (BHA) Concerning San Jacinto Place Municipal Utility District Nos. 1, 2, 3, and 4 (collectively the MUD) The proposed ordinance authorizes payment in the amount of $30,971.15. BHA entered into agreements with the MUD on or about October 18, 1983, to perform engineering services. On August 26, 1999, the City of Baytown annexed all of the area in the MUD and, therefore, on such date, assumed all of the assets and obligations of the MUD pursuant to Chapter 43 of the Texas Local Government Code. Since the annexation, the City has settled all of the outstanding claims against the MUD except for BHA's claim. BHA's claim has been analyzed and calculated by the City's consultant in accordance with Generally Accepted Accounting Principles and the rules promulgated by the Texas Natural Resources Conservation Commission. The following chart details BHA's original claim and the recommended payment amount for each MUD: BHA Submitted Recommended Difference MUD 1 $ 45,097.25 $ 23,735.86 $ 21,361.39 MUD 2 35,156.00 1,831.72 33,324.28 MUD 3 48,838.00 2,839.16 45,998.84 MUD 4 51,083.00 2,564.41 48,518.59 Total $180,174.25 $ 30,971.15 $ 149,203.10 The proposed ordinance authorizes the execution of a release and settlement agreement with BHA and authorizes payment in the amount of $30,971.15. Council Member Almendarez 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 991209 -9 Minutes of Regular Session — December 9, 1999 ORDINANCE NO. 8783 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A RELEASE AND CONTRACT OF SETTLEMENT WITH BUSCH, HUTCHINSON & ASSOCIATES CONCERNING SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NOS. 1, 2, 3, AND 4 AND AUTHORIZING PAYMENT IN THE AMOUNT OF THIRTY THOUSAND NINE HUNDRED SEVENTY -ONE AND 15/100 DOLLARS ($30,971.15) ASSOCIATED THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 991209 -4, Authorizing the Purchase of Three Tracts of Land Located along Goose Creek Stream Greenbelt ISTEA Trail Project In 1994, the City was awarded a grant for acquisition and development of Goose Creek Phase III in the amount of $1,123,600. The City's twenty- percent share was $280,900 making the total acquisition and development cost $1,404,500. TxDOT, administrators of the grant, permitted the City to divide the overall project into two phases (Phases II and III). The original Goose Creek Stream project between Texas Avenue and Decker Drive was Phase I (completed in 1994). Phase II (Bayland /Britton Park area) was completed in May 1998. Plans for Phase III are eighty percent complete and construction is planned by TxDOT in July 2000. Modifications to the route have been made in preparing detailed plans for the primary trail during the last couple of years. Some delay in both acquisition and construction resulted from staff changes at TxDOT. Earlier this fall, TxDOT authorized proceeding with the planned acquisition for Phase III. Two of the three parcels are a 29.978 -acre tract and a 9.693/5.242 -acre tract located in the heavily wooded area bounded by Market Street, J B LeFevre Street, Highway 146 (Loop 201), and Goose Creek. The third tract is 2.018 acres of the original 3.73 -acre tract formerly known as Baytown Rentals, 2101 Market Street. The proposed ordinance authorizes the purchase of the three tracts (46.931 acres) from the Communities Foundation of Texas for $299,774.17. The remainder of the Baytown Rentals' property, including the building, will remain in the Communities Foundation of Texas for future use. 29.978 Acres $158,196.99 09.693/5.242 Acres 36,886.96 02.018 Acres 104.690.22 46.931 Acres $299.774.17 991209 -10 Minutes of Regular Session — December 9,1999 This land was purchased by the Communities Foundation of Texas for the Goose Creek Stream Development Committee. Because the Intermodal Surface Transportation Efficiency Act (ISTEA) Enhancement Program cannot provide matching funds for property already owned by municipalities, the land was purchased and held by the Foundation until the grant and right -of -way corridor for the trail was approved. With the route approved, the City may now acquire the property from the Foundation and complete plans for the project. The ISTEA Enhancement program is an 80/20 matching grant. Funds will come from 1991 bonds and an 80120 grant from the ISTEA Program. The City portion will be twenty percent or $59,954.83 and will be reimbursed eighty percent or $239,819.34 from the Texas Department of Transportation. The Goose Creek Stream Development Committee has reviewed the project and recommends approval. Council Member Byford moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF PROPERTIES FROM COMMUNITIES FOUNDATION OF TEXAS FOR THE DEVELOPMENT OF THE GOOSE CREEK STREAM; DIRECTING THE CITY CLERK TO FILE SAID DEEDS WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF THE SUM OF TWO HUNDRED NINETY -NINE THOUSAND SEVEN HUNDRED SEVENTY -FOUR AND 171100 DOLLARS ($299,774.17) FOR THE PURCHASE OF THE PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 991209 -5, Amending the Engineering Service Contract with Busch, Hutchison & Associates, Inc., to Prepare Plans and Specifications for the 1998 Municipal Street Rehabilitation Program The amendment would change the basis of compensation for basic engineering services from five percent to six percent of the construction cost for the remaining streets to be designed (i.e., Oklahoma, Market, and West Main Street). Phases I and II would not be changed. This adjustment of the engineering fee is justifiable because of the misunderstanding that the scope of 991209 -11 Minutes of Regular Session — December 9, 1999 work included design of street drainage. The adjusted percentage of six percent is still below the normal percentage of compensation of 7.2 percent. The adjustment will add approximately $12,000 to the engineering service cost and will be funded by 1997 Certificates of Obligation. Council Member Almendarez 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. 8786 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDMENT TO THE AMENDMENT OF THE ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND BUSCH, HUTCHISON & ASSOCIATES, INC., FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 1998 MUNICIPAL STREET REHABILITATION PROGRAM; AUTHORIZING PAYMENT IN THE AMOUNT OF TWELVE THOUSAND AND NO /100 DOLLARS ($12,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda Council considered the consent agenda items "a" through "f." a. Proposed Ordinance No. 991209 -6, designates the intersection of Riceland Road and Garth Road as a signal controlled intersection. This is a unanimous recommendation of the Growth Management and Development Advisory Commission. This designation will allow the expansion of the Garth Road /Baytown Central Boulevard signal control to include Riceland Road. This will provide for signal - protected turns onto and out of Riceland Road onto Garth Road without increasing the number of stop locations along Garth Road. We recommend approval. b. Proposed Ordinance No. 990912 -7, awards the annual janitorial services contract to AMKO Building Maintenance, Inc. in the 991209 -12 Minutes of Regular Session — December 9, 1999 amount of $59,686.08. The renewal amount is a 21- percent increase due to additional sites, i.e. Utility Billing/Tax Building and Animal Control. This is the first renewal period of this contract. We recommend approval. c. Proposed Ordinance No. 990912 -8, awards the uniform rental and miscellaneous services rental contract to Best Uniform Supply in the amount of $28,215.20. This year's renewal contract is a 25- percent increase due to additional employees in uniforms. This is the second one -year renewal period of this contract. This contract is used by all departments for rental services. We recommend approval. d. Proposed Ordinance No. 990912 -9, awards the annual water meter contract Section I (small water meters) and Section II (turbine meters) to ABB Water Meters, Inc., in the amount of $48,590.90; and Section III (compound meters) to Hughes Supply in the amount of $54,968.26, for a total of $103,559.16. Invitations to bid were mailed to six suppliers and we received four bids and two no -bids. This contract is for displacement -type small water meters, turbine - type and compound -type large water meters to be installed by the Utilities Division. We recommend approval. e. Proposed Ordinance No. 990912 -10, rejects the bid received November 1, 1999, for the annual frozen dinner contract and awards the rebid to HEB Pantry Store No. 283 in the amount of $45,302.40. Invitations to bid were mailed to five suppliers and we received one bid. This is a first -time annual contract to distribute three meals per day to prisoners detained in the Baytown Jail Facility. The original contract was opened on November 1, 1999, and HEB, the only bidder, took exception to the insurance requirements. This contract was rebid to allow self - insured companies to bid. HEB is self - insured. This contract requires delivery of dinners on a weekly basis. We recommend approval. f. Proposed Ordinance No. 990912 -11, approves a five -year lease for a color copier for the Library in the amount of $16,498.92. As departments within the City increase their expertise to produce color, camera -ready copy, the demand for color duplication from the Library print shop has increased. Currently, departments 991209 -13 Minutes of Regular Session — December 9, 1999 outsource color duplication or print multiple copies from color ink jet computer printers, both of which are more costly than what can be offered by this lease and in -house services. Outsource costs range from $0.99 to $1.25 per copy. This process will allow us to produce copies for $0.25 per copy. We recommend approval. Council Member Sheley moved to adopt the consent agenda items "a" through "f." 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. 8786 AN ORDINANCE DESIGNATING A SIGNALIZED INTERSECTION AT RICELAND ROAD AND GARTH ROAD; AUTHORIZING THE INSTALLATION OF PROPER TRAFFIC CONTROL SIGNALS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO1100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 8787 AN ORDINANCE RENEWING THE CONTRACT OF AMKO BUILDING MAINTENANCE, INC., FOR THE ANNUAL JANITORIAL AND CLEANING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY -NINE THOUSAND SIX HUNDRED EIGHTY -SIX AND 081100 DOLLARS ($59,686.08); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 991209 -14 Minutes of Regular Session — December 9, 1999 ORDINANCE NO. 8788 AN ORDINANCE RENEWING THE CONTRACT OF BEST UNIFORM SUPPLY FOR THE ANNUAL UNIFORM RENTAL AND MISCELLANEOUS RENTAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -EIGHT THOUSAND TWO HUNDRED FIFTEEN AND 201100 DOLLARS ($28,215.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8789 AN ORDINANCE ACCEPTING THE BIDS OF ABB WATER METERS, INC., AND HUGHES SUPPLY FOR THE ANNUAL WATER METER CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THOUSAND FIVE HUNDRED FIFTY -NINE AND 161100 DOLLARS ($103,559.16); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8790 AN ORDINANCE ACCEPTING THE BID OF HEB PANTRY STORE NO. 283 FOR THE ANNUAL FROZEN DINNERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -FIVE THOUSAND THREE HUNDRED TWO AND 401100 DOLLARS ($45,302.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8791 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTEEN THOUSAND FOUR HUNDRED NINETY -EIGHT AND 921100 DOLLARS ($16,498.92) TO XEROX CORPORATION FOR YEAR ONE OF A FIVE -YEAR LEASE OF A COLOR COPIER FOR STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 991209 -15 Minutes of Regular Session — December 9, 1999 Consider Appointments to the Community Development Advisory Board Council will consider this item at a future date. Consider Appointments to the Baytown Industrial Development Corporation Board Council Member Hinds moved to appoint Scott Sheley, Victor Almendarez, Mike Wilson, Coleman Godwin, and Calvin Mundinger to the Baytown Industrial Development Corporation Board. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Appointments to the Emergency Medical Services Advisory Board Council Member Almendarez moved to appoint Al Weatherall and Randy Kimmey to the Emergency Medical Services Advisory Board. Council Member Byford seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Appointments to the Growth Management and Development Commission Council Member Hinds moved to appoint Donald C. Murray and Wayne Smith to the Growth Management and Development Commission. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 991209 -16 Minutes of Regular Session — December 9, 1999 Consider Appointments to the Long -Range Planning Committee Council Member Byford moved to appoint Aline Reinke, Martha Mayo, Jim Entringer, Mark Bevers, Mike Wilson, Dennis Topper, and David Havel to the Long -Range Planning Committee. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger Hinds, Godwin, and Sheley Mayor Alfaro Nays: None City Manager's Report Browing Ferris Industries Collections With the work Herb Thomas and his staff have done, hopefully we have been able to address some of the issues that have come up. Radio Interview on Baytown Sunday morning at 6:00 a.m. at 106.9 on the radio dial or at 8.30 at 11:10 a.m. Hold Appeal Hearing on the Urban Rehabilitation Standards Review Board (URSRB) Order to Demolish a Structure Located at 154 Wood Street Mayor Alfaro called to order the appeal hearing of the decision of the Urban Rehabilitation Standards review Board of the City of Baytown to demolish the barn structure located at 154 Wood Street, Baytown, Texas. He said the appeal was being held at the request of Robert Hicks, the owner of the property, who wished to pursue the appeal. He stated that as with all hearings before the Council, the rules of evidence would be informal; however, he asked both parties to refrain from using irrelevant or redundant testimony. Mayor Alfaro swore in all witnesses. Mayor asked for opening statements of three minutes each beginning with Mr. Hicks. Minutes of Regular Session — December 9,1999 Robert Hicks 991209 -17 Mr. Hicks said he had title to the property at 154 Wood Street, but that Mr. Rodriguez had a contract for deed to the property. He said he sold the property about six weeks before he received the first notice to do something about the building. At that time, Mr. Rodriguez said he would get a permit to make repairs. He still desires to refurbish the building. Debbie Barnes Ms. Barnes stated that on November 1, 1999, the URSRB issued an order to demolish the barn at 154 Wood Street located off Bayway Drive in Wooster Heights. She said the initial investigation began March 15, 1999, at the request of neighbors who were concerned about the accessibility of the structure and the fact that it was in a deteriorating state. The staff upholds the recommendation of the Board to demolish. Mr. Rodriguez Mr. Rodriguez said that he was behind on repairing the building because of financial problems; however, he had worked out a schedule which he passed out to Council. He said that he would appreciate more time to finish repairing the building. Debbie Barnes Ms. Barnes said it appeared that the structure was used as an apartment at one time. She said there was termite damage, dry rot, holes in the wall exposing the studs, and unsupported floor joints which jeopardizes the second story. The roof is non - functional. On April 22, 1999, a notice was posted and mailed for the owners to attend the May 3 UBSRB meeting. At this meeting, the Rodriguez' were given thirty days to board the structure and an additional sixty days to get a building permit and to report back to the Board. On September 3, the Rodriguez' were notified to attend September 13 UBSRB meeting. At that time, Mr. Hicks attended the meeting and informed us that the property had reverted to him. He requested sixty days to repair the structure. At the November 1 meeting, Mr. Hicks reported that the Rodriguez' had bought the property back, and the Board issued an order to demolish. In response to inquiry from Council, Ms. Barnes said that without plumbing, electrical, or foundation work, $6,500 would be required to repair the structure. Demolition would take at least another thirty days. Mr. Rodriguez did not wish to make a closing statement. 991209 -18 Minutes of Regular Session — December 9, 1999 Ms. Barnes said that the staff upholds the order of the Board to demolish the structure. Mayor Alfaro closed the appeal hearing. Consider Affirming, Reversing, or Modifying the Decision of the Urban Rehabilitation Standards Review Board to Demolish a Structure Located at 154 Wood Street Council Member Godwin moved to affirm the decision of the Urban Rehabilitation Standards Review Board. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Mundinger, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Adjourn As there was no further business to be transacted, the meeting was adjourned. 9'e' � / 2 X.Z�- Eileen P. Hall, City Clerk