2015-0684 - CONFIRMATION of the appointment of GUILLERMO LAMBARRI to Position At-Large 1 of the PUBLIC SAFETY ADVISORY COMMITTEE, for a three-year staggered term ending July 1, 2018

TAGGED by COUNCIL MEMBERS LASTER, GREEN, KUBOSH and STARDIG - RECOMMENDATION from the Mayor’s Office to adopt the Houston Arts and Cultural Plan

TAGGED by COUNCIL MEMBERS GREEN and DAVIS - RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $1,768,700.04 and acceptance of work on contract with RELIANCE CONSTRUCTION SERVICE, L.P. for Water Service Line Replacement - 9.77% under the original contract amount - (WA 10983)

2015-0685 - RECOMMENDATION from Director General Services Department that City Council declare surplus the following properties:

2015-959 - ORDINANCE appropriating $249,976.00 out of Equipment Acquisition Consolidated Fund for Purchase of Two Booster Trucks for the Houston Fire Department

2015-686 - CHASTANG ENTERPRISES, INC d/b/a CHASTANG’S BAYOU CITY FORD for Two Fire Booster Trucks through the Interlocal Agreement for Cooperative Purchasing with the Houston-Galveston Area Council for the Houston Fire Department - $249,976.00 - Equipment Acquisition Consolidated Fund

This item should only be considered after passage of Item 6 above

TAGGED by COUNCIL MEMBERS DAVIS, LASTER, MARTIN and STARDIG - ORDINANCE AMENDING CHAPTER 46 OF CODE OF ORDINANCES, HOUSTON, TEXAS, relating to regulation of Vehicles for Hire; modifying licensee appearance requirements; amending regulations that pertain to physician’s certificates of medical examination; modifying permit installment payment due dates; amending Transportation Network Company Insurance requirements; declaring certain conduct unlawful and providing penalties therefore

TAGGED by COUNCIL MEMBERS DAVIS and STARDIG - ORDINANCE adding a new ARTICLE X TO CHAPTER 46 OF CODE OF ORDINANCES, HOUSTON, TEXAS, relating to Provision of Vehicle for Hire Service to Persons with Disabilities, especially those requiring wheelchairs

TAGGED by COUNCIL MEMBERS LASTER and DAVIS - ORDINANCE relating to the issuance of taxicab permits; addressing the allocation method for 205 permits originally intended to be distributed in 2014-2015; delaying the distribution of 180 permits until 2017; distributing 25 permits pursuant to the taxicab permit issuance process

2015-960 - ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of Chenevert Street, from Capitol Avenue to Texas Avenue, located within the South Side Buffalo Bayou Addition, out of the J.S. Holman Survey, A-323, Houston, Texas; vacating and abandoning said parcel to City of Houston, the abutting owner - DISTRICT I - GALLEGOS

2015-940 - ORDINANCE approving submission of grant application to TEXAS DEPARTMENT OF STATE HEALTH SERVICES for the City’s Women, Infant and Children Program; declaring the City’s eligibility for such grant; authorizing the Director of the Houston Health and Human Services Department to act as the City’s representative in the application process; authorizing the Director to accept the grant and expend the grant funds, as awarded, and to apply for and accept any subsequent awards, if any, pertaining to the grant

2015-961 - ORDINANCE approving and authorizing contract between the City of Houston and DEPARTMENT OF STATE HEALTH SERVICES for Regional and Local Services System / Local Public Health Services (RLSS/LPHS) Grant (DSHS Contract No. 2016-001186-00)

2015-941 - ORDINANCE appropriating $6,900,000.00 out of Airports Improvement Fund; approving and authorizing Purchase and Sale Agreement to acquire an Aerospace Engineering Facility and Land adjacent to Ellington Airport from FIRST BOSTON/TEXAS, L.P. and BOEING BLDG/TEXAS, L.P. - DISTRICT E - MARTIN

TAGGED by COUNCIL MEMBER KUBOSH - ORDINANCE enlarging the boundaries of REINVESTMENT ZONE NUMBER TWO, CITY OF HOUSTON, TEXAS (MIDTOWN ZONE) - DISTRICTS C - COHEN; D - BOYKINS and I - GALLEGOS

TAGGED by COUNCIL MEMBER KUBOSH - ORDINANCE related to REINVESTMENT ZONE NUMBER TWO, CITY OF HOUSTON, TEXAS (MIDTOWN ZONE) approving the sixth amended Project Plan and Reinvestment Zone Financing Plan for the Zone; authorizing the City Secretary to distribute such plans; extending the duration of the Zone to December 31, 2040 - DISTRICTS C - COHEN; D - BOYKINS and I - GALLEGOS

This item should only be considered after passage of Item 15 above

TAGGED by COUNCIL MEMBER KUBOSH - ORDINANCE approving the issuance of bonds by MIDTOWN REDEVELOPMENT AUTHORITY 

This item should only be considered after passage of Items 15 and 16 above

2015-942 - ORDINANCE enlarging boundaries of REINVESTMENT ZONE NUMBER NINE, CITY OF HOUSTON, TEXAS (SOUTH POST OAK ZONE) - DISTRICT K - GREEN

2015-943 - ORDINANCE approving second amended Project Plan and Reinvestment Zone Financing Plan for REINVESTMENT ZONE NUMBER NINE, CITY OF HOUSTON, TEXAS (SOUTH POST OAK ZONE); authorizing the City Secretary to distribute such plans; extending duration of Zone to December 31, 2045 - DISTRICT K - GREEN

This item should only be considered after passage of Item 18 above

Not Received - Not Considered - ORDINANCE approving first amendment to agreement for Professional Services, Contract No. C56949, between the City of Houston and CLARENCE A. WEST, Attorney At Law; providing a maximum contract amount - $80,000.00 - General Fund

TAGGED by COUNCIL MEMBER LASTER - ORDINANCE appropriating $3,000,000.00 out of Dangerous Building Consolidated Fund for demolition of dangerous buildings

PULLED - Not Considered - ORDINANCE appropriating $118,000.00 out of Health Special Revenue Fund as an additional appropriation for Contract No. 4600011886 with GRANICUS INC, Formally known as AMERICAN CADASTRE, LLC for Vital Statistics Imaging and Retrieval Information System (Approved by Ordinance No. 2013-410) for Houston Health Department

THIS ITEM HAS BEEN REMOVED FROM THIS WEEK’S AGENDA

ORDINANCE approving and authorizing amendment to contract between the City of Houston and T2 SYSTEMS CANADA INC (Contract No. 4600011446, originally approved by Ordinance No. 2012-0096) for Parking Products and Associated Software, Licenses, Installation, and Maintenance Services for Administrative and Regulatory Affairs Department; appropriating $160,990.00 out of Parking Management Operating Fund (Fund 8700) as an additional appropriation for Contract No. 4600011446; appropriating $2,000,000.00 out of Fund 1850 (reimbursable) as an additional appropriation for Contract No. 4600011446

ORDINANCE appropriating $2,690,000.00 out of Fire Consolidated Construction Fund and $1,154,230.00 out of Police Consolidated Construction Fund to In-House Renovation Revolving Fund for Renovations for the Houston Fire Department Fire Stations and HVAC Equipment Replacement at the Houston Police Department Training Academy during FY2016 - DISTRICTS B - DAVIS; C - COHEN; G - PENNINGTON and J - LASTER

ORDINANCE appropriating $427,831.00 out of Reimbursements of Equipment/Projects Fund and $15,000.00 out of Parks Consolidated Construction Fund to Task Order Contracting Program for FY2015 Council District Service Budget Projects for Houston Parks and Recreation Department - DISTRICTS B - DAVIS; C - COHEN; E - MARTIN; G - PENNINGTON; H - GONZALEZ; I - GALLEGOS and J - LASTER

ORDINANCE appropriating $240,000.00 out of Police Consolidated Construction Fund for Facility Paving Improvements for Houston Police Department - DISTRICTS A - STARDIG and B - DAVIS

2015-945 - ORDINANCE appropriating $1,000,000.00 out of Parks Consolidated Construction Fund and $147,163.45 out of Parks and Recreation Dedication Fund and $218,000.00 out of Parks Special Fund; awarding construction contract to MILLIS DEVELOPMENT AND CONSTRUCTION, INC for Hermann Park Japanese Garden; setting a deadline for the proposer's execution of the contract and delivery of all bonds, insurance and other required contract documents to the City; holding the proposer in default if it fails to meet the deadlines; providing funding for engineering testing services and contingencies relating to construction of facilities financed by Parks and Recreation Dedication Fund - DISTRICT D - BOYKINS

ORDINANCE approving and authorizing a development agreement between City of Houston and MADISON/FOLEY, LLC for Harris County Municipal Utility District No. 525 - DISTRICT E - MARTIN

ORDINANCE appropriating $5,000.00 out of Street & Traffic Control and Storm Drainage DDSRF and $15,000.00 out of Metro Projects Construction DDSRF; approving and authorizing an Advance Funding Agreement between the City of Houston and TEXAS DEPARTMENT OF TRANSPORTATION to fund the City of Houston Flood Plain Permit Fees for Westerland, Windfern, Hollister and Calhoun Bridges - DISTRICTS A - STARDIG; D - BOYKINS and F - NGUYEN.  

ORDINANCE approving and authorizing agreement for consent to partial assignment of rights to Groundwater Reduction Plan Agreement between the City of Houston and NORTHWOOD MUNICIPAL UTILITY DISTRICT NO. 1 and HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 231 - DISTRICTS B - DAVIS and ETJ

ORDINANCE approving and authorizing settlement agreement, mutual release of claims, and amendment to Sanitary Sewer Service Agreement between the City of Houston and MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 98 (Approved by Ordinance No. 2004-0309)

ORDINANCE approving and authorizing first amendment to contract for construction of and receipt of services in the City of Houston’s Intercontinental Airport Regional Wastewater Treatment Plant between the City of Houston and NORTHWOOD MUNICIPAL UTILITY DISTRICT NO. 1 and INTERCONTINENTAL CROSSING MUNICIPAL UTILITY DISTRICT (Approved by Ordinance No. 1986-1824) - DISTRICT B - DAVIS

ORDINANCE approving and authorizing Groundwater Reduction Plan Participation Agreement between the City of Houston and GENERATION PARK MANAGEMENT DISTRICT - DISTRICTS B - DAVIS and ETJ

ORDINANCE finding and determining public convenience and necessity for the acquisition of real property interests in connection with the Public Improvement Project known as the Clinton Drive Reconstruction Project (from Port of Houston  Gate 8 to IH-610); authorizing the acquisition of fee simple title interest in or easement to seventeen parcels of land required for the project and situated in the John Brown Survey, A-8, in  Harris County, Texas, said parcels of land being out of property located along the northerly and southerly lines of Clinton Road in Houston, Harris County, Texas, by gift, dedication, purchase and the use of eminent domain and further authorizing payment of the costs of such purchases and/or eminent domain proceedings and associated costs for relocation assistance, appraisal fees, title policies/services, recording fees, court costs, and expert witness fees in connection with the acquisition of fee simple title interest in or easement to the seventeen parcels of land required for the project - DISTRICTS B - DAVIS; H - GONZALEZ and I - GALLEGOS

ORDINANCE consenting to addition of 35.096 acres of land into HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 130 for inclusion in its district

ORDINANCE consenting to addition of 17.59 acres of land into SOUTHERN MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT for inclusion in its district

****PULLED****THIS ITEM HAS BEEN REMOVED FROM THIS WEEK’S AGENDA

ORDINANCE appropriating $143,623.00 out of Metro Projects Construction DDSRF as additional appropriation to construction contract between the City of Houston and DANNENBAUM ENGINEERING CORPORATION for T.C. Jester Reconstruction from Washington Avenue to IH-10 (Approved by Ordinance No. 2014-0620); and as additional funding for CIP Cost Recovery relating to construction of facilities financed by Metro Projects Construction DDSRF - DISTRICT C - COHEN

ORDINANCE appropriating $585,000.00 out of Metro Projects Construction DDSRF awarding contract to ISI CONTRACTING, INC for Work Order Bridge Rehabilitation/Replacement Citywide 2016; setting a deadline for bidder’s execution of contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet deadlines; providing funding for engineering and testing, CIP cost recovery and contingencies relating to construction of facilities financed by Metro Projects Construction DDSRF

ORDINANCE appropriating $7,601,376.00 out of Water & Sewer System Consolidated Construction Fund; awarding contract to PM CONSTRUCTION & REHAB, LLC for Sanitary Sewer Rehabilitation by Sliplining, Pipe Bursting and Cured-In-Place Pipe Methods; setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet deadlines; providing funding for engineering and testing, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund

ORDINANCE appropriating $6,132,200.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to CALCO CONTRACTING LTD for Neighborhood Sewer Systems Improvements – Sunset Blvd., University Blvd. and Westheimer Street; setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet deadlines; providing funding for engineering, testing, CIP Cost Recovery, construction management and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICTS C - COHEN and G - PENNINGTON

ORDINANCE calling public hearings at which interested persons will be given the opportunity to be heard on: strategic partnership agreements between the City of Houston and FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 24 and MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 and on proposals for the City of Houston to annex for limited purposes certain territory located within such districts in FORT BEND AND MONTGOMERY COUNTIES; a proposed strategic partnership agreement between the City of Houston and FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 185 and on a proposal to annex for limited purposes territory located within and in the vicinity of such district in FORT BEND COUNTY; proposed amendments to strategic partnership agreements between the City of Houston and FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 133, SPRING CREEK UTILITY DISTRICT, and WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 21 and on proposals for the City of Houston to annex for limited purposes certain territory located within such districts in Fort Bend, Montgomery, and Harris Counties; proposed amendments to strategic partnership agreements between the City of Houston and FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO 142 and HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 36 and on proposals for The City of Houston to annex for limited purposes territory within and in the vicinity of such districts in FORT BEND AND HARRIS COUNTIES; proposals of the City of Houston to impose the City of Houston’s sales and use tax in such territory; providing for the publication of notice of such hearings - DISTRICTS A - STARDIG; B - DAVIS; E – MARTIN; F – NGUYEN; K – GREEN and ETJ

ORDINANCE granting to HOUSTON DUMPSTERS INC, A Georgia Corporation the right, privilege, and franchise to collect, haul, and transport solid waste and industrial waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code of Ordinances, Houston, Texas; providing for related terms and conditions - FIRST READING

ORDINANCE granting to ICM MARTINEZ INTERPRISES, INC, dba BIN THERE DUMP THAT - HUMBLE, A Texas Corporation, the right, privilege, and franchise to collect, haul, and transport solid waste and industrial waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code of Ordinances, Houston, Texas; providing for related terms and conditions - FIRST READING

ORDINANCE granting to KORDIE ENTERPRISES, INC dba BIN THERE DUMP THAT, A Texas Corporation, the right, privilege, and franchise to collect, haul, and transport solid waste and industrial waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code Of Ordinances, Houston, Texas; providing for related terms and conditions - FIRST READING

ORDINANCE No. 2015-919, passed first reading September 30, 2015

ORDINANCE granting to ROBERT H. MILLER, JR., dba MILLER & SONS DUMPSTER SERVICE, A Texas Sole Proprietorship, the right, privilege, and franchise to collect, haul, and transport solid waste and industrial waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code of Ordinances, Houston, Texas providing for related terms and conditions - SECOND READING

ORDINANCE No. 2015-920, passed first reading September 30, 2015 

ORDINANCE granting to SYNAGRO OF TEXAS-CDR, INC., A Texas Corporation, the right, privilege, and franchise to collect, haul, and transport solid waste and industrial waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code of Ordinances, Houston, Texas providing for related terms and conditions - SECOND READING

SET A PUBLIC HEARING DATE relating to the sixth amendment to the Project Plan and Reinvestment Zone Financing Plan for REINVESTMENT ZONE NUMBER FIVE (MEMORIAL HEIGHTS ZONE) - DISTRICTS C - COHEN and H - GONZALEZ SUGGESTED HEARING DATE - WEDNESDAY - 9:00 A.M. - OCTOBER 21, 2015

SET A PUBLIC HEARING DATE relating to the fourth amendment to the Project Plan and Reinvestment Zone Financing Plan for REINVESTMENT ZONE NUMBER NINETEEN (UPPER KIRBY ZONE) - DISTRICTS C - COHEN and G - PENNINGTON SUGGESTED HEARING DATE - WEDNESDAY - 9:00 A.M. - OCTOBER 21, 2015

SET A PUBLIC HEARING DATE relating to the third amendment to the Project Plan and Reinvestment Zone Financing Plan for REINVESTMENT ZONE NUMBER TWENTY (SOUTHWEST ZONE) - DISTRICTS F - NGUYEN and J - LASTER SUGGESTED HEARING DATE - WEDNESDAY - 9:00 A.M. - OCTOBER 21, 2015

RECOMMENDATION from Director Parks & Recreation Department to adopt the Houston Parks & Recreation Department Parks Master Plan Phase II

TAGGED BY COUNCIL MEMBERS GREEN and LASTER

This was Item 7 on Agenda of September 30, 2015

WRITTEN Motion by Council Member Gallegos that Item 53 below be amended to read as follows:

"Sec. 33-253.  Appeal.

 (a)        The Historic Preservation Appeals Board ("HPAB") is hereby created. The HPAB shall consist of 5 members and shall consist of two former members of the planning commission, two former members of the HAHC, and one citizen representative that has not served on either commission and who owns a historic landmark or contributing structure in a designated historic district designated pursuant to this division. Each member shall have extraordinary knowledge and experience in the archaeological, architectural, cultural, social, economic, ethnic or political history of the city, and must have a known and demonstrated interest, competence, or knowledge in historic preservation within the city. Members of the HPAB shall be appointed by the mayor, subject to confirmation by the city council. Each member shall serve for a term of two years and shall hold over until the member's successor is appointed. A member may be appointed to serve consecutive terms. The director, or in his absence or inability to act, a deputy director or assistant director of the department shall serve as a non-voting, ex officio member and as executive secretary to the HPAB. Three members of the HPAB shall constitute a quorum; however, in the event of vacancies on the HPAB, a majority of the members of the HPAB shall constitute a quorum. The HPAB shall elect its own chair and vice-chair. The mayor shall assign a staff member to serve as a liaison between the HPAB and the mayor's office. The HPAB shall adopt rules, procedures, and schedules for meetings as are necessary or convenient to accomplish the purposes of this article, and shall meet as needed when notified by the director of an appeal from a decision of the HAHC.

(b)        An applicant aggrieved by a decision of the HAHC with respect to any certificate of appropriateness may appeal to the HPAB by filing a written notice of appeal, stating the grounds for the appeal, with the director within ten days following the date the HAHC renders its decision, or in the case of an application for a certificate of appropriateness for demolition, the notice of appeal may be filed with the director not earlier than 90 days after the denial of a certificate of appropriateness by the HAHC as provided for in section 33-247(f) of this Code and not later than 120 days after the denial by HAHC. The director shall notify the members of the HPAB of the receipt of a notice of appeal and shall schedule a meeting of the HPAB to consider the appeal.

(c)        The HPAB shall consider the appeal within 45 days after a notice of appeal is filed with the director. The HPAB shall consider the application, the findings of the HAHC, written comments from the public, and any evidence presented at the meeting at which the appeal is considered. The HPAB shall reverse or affirm the decision of the HAHC based upon the criteria applicable to the certificate of appropriateness. If the HPAB does not make a decision on the appeal within 45 days after a notice of appeal is filed with the director, the decision of the HAHC with respect to the application for the certificate of appropriateness shall be deemed affirmed.

 (d)       The director shall provide the applicant with notice of the time and place of the meeting at which each appeal will be considered by mail no less than ten days before the date of the meeting.

           (e)       An applicant aggrieved by a decision of the HPAB may appeal to the city council. The city council shall consider the appeal at its first regularly scheduled meeting for which the required notice can be given. The city council shall consider the appeal under the provisions of Rule 12 of Section 2-2 of this Code. At the conclusion of the city council's review of the matter, the city council shall reverse or affirm the decision of the HPAB. The decision of the city council shall be final and exhaust the applicant's administrative remedies."

TAGGED BY COUNCIL MEMBERS KUBOSH, LASTER, STARDIG and BRADFORD

WRITTEN Motion by Council Member Gallegos that Item 53 below be amended to read as follows:

"Sec. 33-222.1

"(f)       After the deadline for returning response forms mailed in accordance with subsection (e) has passed, the director shall determine if response forms were returned for more than 50 percent of the tracts within the proposed district and also whether 67 percent of tracts for which response forms were returned indicate support the designation of the district in accordance with the following rules:

(1)        If a tract of land is owned by more than one person, only the signature of one owner is required for determining public support by returned response forms in accordance with this section; and

(2)        Tracts of publicly owned land, utility easements, and streets that are included within the boundaries of the proposed district shall not be counted toward determining support for or against the designation of an historic district.

(g)        If the director is able to make the determination required by subsection (f) of this section, the application will be considered final and the boundaries of the proposed district shall be the boundaries of the proposed historic district. If the director is not able to make this determination, then the director shall either:

(1)        Modify the boundaries of the proposed historic district if the modification will result in boundaries of one or more historic districts containing one or more non-contiguous areas in which response forms were returned from owners of at least 50 percent of the tracts within the proposed district, and where response forms for owners representing 67 percent of the tracts for which response forms were returned indicated support for designation of a proposed historic district. If the director modifies the boundaries, the application shall be considered final, the boundaries of the reduced proposed district shall be the boundaries of the proposed historic districts, and any property excluded from the proposed district shall be ineligible for inclusion within a historic district for a period of one year from the date the director modifies the boundaries of the proposed district pursuant to this item; or  

(2)  Determine that the application fails and that no further action will be taken by the HAHC. If an application fails pursuant to this section, the director shall mail notice to the owners of all property within the proposed historic district that the application has failed and that no further action will be taken. Any property within the proposed district is ineligible for inclusion within a historic district for a period of one year from the date of the determination pursuant to this section."

TAGGED BY COUNCIL MEMBERS KUBOSH, LASTER, STARDIG and BRADFORD

ORDINANCE AMENDING CHAPTERS 10, 33, AND 44 OF THE CODE OF ORDINANCES relating to Historic Preservation; making findings and containing other provisions relating to the foregoing subject; containing a savings clause; providing for severability

TAGGED BY COUNCIL MEMBERS KUBOSH, LASTER, STARDIG and BRADFORD

This was Item 16 on Agenda of September 30, 2015 

MOTION to receive nominations for Position I on the PUBLIC SAFETY ADVISORY COMMITTEE, for a three-year staggered term ending July 1, 2018

DELAYED BY MOTION #2015-675, 9/30/2015

This was a portion of Item 57 on Agenda of September 30, 2015