AGENDA
CITY OF HOUSTON . CITY COUNCIL
OCTOBER 14, 2014



MAYOR
ANNISE D. PARKER
CONTROLLER
RONALD C. GREEN

DISTRICT COUNCIL MEMBERS

Brenda Stardig
District A

Jerry Davis
District B

Ellen R. Cohen
District C

Dwight A. Boykins
District D

Dave Martin
District E
Richard Nguyen
District F

Oliver Pennington
District G

Edward Gonzalez
District H

Robert Gallegos
District I

Mike Laster
District J

Larry V. Green
District K

AT-LARGE COUNCIL MEMBERS

Stephen C. Costello
Position 1

David W. Robinson
Position 2
Michael Kubosh
Position 3

C.O. "Brad" Bradford
Position 4

Jack Christie D.C.
Position 5
Marta Crinejo
Director - City Council Agenda
Anna Russell
City Secretary

In accordance with the Texas Open Meetings Act the agenda is posted for public information, at all times, for at least 72 hours preceding the scheduled time of the meeting on the bulletin board located on the exterior wall of the City Hall building at 901 Bagby.

Copies of the agenda are available at no charge in the Office of the City Secretary in the City Hall Annex, Public Level. To receive the agenda by mail send check or money order for $52.00 for a one year subscription, made payable to the City of Houston to the attention of the City Secretary, P.O. Box 1562, Houston, Texas 77251. The agenda may also be accessed via the internet at http://www.houstontx.gov.

To reserve time to appear before Council call 832-393-1100 or come to the Office of the City Secretary, City Hall Annex, Public Level at least 30 minutes prior to the scheduled public session shown on the agenda.
NOTE: If a translator is required, please advise when reserving time to speak

AGENDA - COUNCIL MEETING Tuesday, October 14, 2014 - 1:30 PM
CITY HALL CHAMBER

INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Davis
1:30 PM - ROLL CALL
ADOPT MINUTES OF PREVIOUS MEETING
PUBLIC SPEAKERS - Pursuant to City Council Rule 8, City Council will hear from members of the public; the names and subject matters of persons who had requested to speak at the time of posting this Agenda are attached; the names and subject matters of persons who subsequently request to speak may be obtained in the City Secretary's Office.
NOTE: If a translator is required, please advise when reserving time to speak
Speakers List 101414
RECESS
RECONVENE
Wednesday - October 15, 2014 - 9:00 A. M.
DESCRIPTIONS OR CAPTIONS OF AGENDA ITEMS WILL BE READ BY THE
CITY SECRETARY PRIOR TO COMMENCEMENT
MAYOR'S REPORT
CONSENT AGENDA NUMBERS 1 through 35
1.

REQUEST from Mayor for confirmation of the reappointment of the following to the HARRIS COUNTY-HOUSTON SPORTS AUTHORITY BOARD OF DIRECTORS, for terms to expire August 31, 2016:

    Position One     -  PHILAMENA BAIRD

    Position Two     -  CHAU NGUYEN TODD

    Position Three  -  PAMELA J. GARDNER

2.

REQUEST from Mayor for confirmation of the appointment or reappointment of the following individuals to the HOUSTON COMMISSION ON DISABILITIES:

     Position Two      -  LOUIS J. MAHER, reappointment, for a term to expire 7/26/2016

     Position Three    -  MATTHEW P. DICKENS, appointment, for an unexpired term ending 7/26/2015

     Position Four      -  BETHANNE ROLLINS FRANCO, appointment, for a term to expire 7/26/2016

     Position Six        -  CORNELIUS K. BOOKER, reappointment, for a term to expire 7/26/16, and to serve as Chair

     Position Eight     -  CHARLES H. A. LADAY, reappointment, for a term to expire 7/26/2016

     Position Ten       -  MONTE C. OSBURN, reappointment, for a term to expire 7/26/2016

     Position Twelve -  TAMIRA ANTWIONETTE COLE, appointment, for a term to expire 7/26/2016

     Alternate Position One    -  FRANKIE B. SIMS, appointment, for an unexpired term ending 7/26/2015

     Alternate Position Two    -  SHELLEY A. TOWNSEND, appointment, for a term to expire 7/26/2016

     Alternate Position Three  -  KAREN MAYER CUNNINGHAM, appointment, for an unexpired term ending 7/26/2015

ACCEPT WORK
3.

RECOMMENDATION from Director General Services Department for approval of final contract amount of $109,945.00 and acceptance of work on contract with PROGRESSIVE COMMERCIAL AQUATICS, INC for Pool Plaster at Cloverland, Eastwood, and Mason Parks - DISTRICTS D - BOYKINS; H - GONZALEZ and I - GALLEGOS

PROPERTY
4.

RECOMMENDATION from Director General Services Department that City Council declare surplus and authorize the sealed bid sale of the following properties:

    Parcel S97-028                 8002 Westpark, Dr. 77063           DISTRICT F - NGUYEN

    Parcel SY14-137              12800 Fuqua, St. 77034               DISTRICT E - MARTIN

    I59-002 and I59-003         7420 Park Place, Blvd. 77087      DISTRICT I - GALLEGOS

5.

RECOMMENDATION from Director Department of Public Works & Engineering, reviewed and approved by the Joint Referral Committee, on request from Carlos Gutierrez, CFS Consulting, LP, on behalf of Valero Houston Refinery, (Chip Gross, P.E., Director of Regional Public Affairs), for abandonment and sale of: 1) East Avenue Q, from Central Avenue to 95th Street; 2) East Avenue P, from Central Avenue to 96th Street; 3) East Avenue O, from 95th Street to 96th Street; 4) East Avenue N, from 95th Street to 96th Street; 5) 95th Street, from East Avenue Q to East Avenue O; 6) 96th Street, from East Avenue P to Manchester Avenue; and 7) four 10-foot-wide prescriptive sanitary sewer easements, all located within Manchester Subdivision Plat, out of the Callahan and Vince Surveys, Parcels SY14-59A through K - DISTRICT I - GALLEGOS

6.

RECOMMENDATION from Director Department of Public Works & Engineering, reviewed and approved by the Joint Referral Committee, on request from Gerald W. Grissom, Brown & Gay Engineers, Inc., on behalf of Kirby Court Corporation (W. T. Dickey, President), Walaby Realty Partners, Ltd. (W. T. Dickey, President), and Austin Trust Company (Dell Boykin, CEO), for abandonment and sale of a 10-foot-wide utility easement and a 10-foot-wide sanitary sewer easement, within Lots 19 and 19A, Block 29, in exchange for conveyance of a 20-foot-wide sanitary sewer easement within Blocks 29 and 30, all located in the Woodland Heights Annex, out of the John Austin 2 League Grant Survey, Parcels SY15-017A, SY15-017B, SY15-030, SY15-031 and DY15-003 - DISTRICT C - COHEN

7.

RECOMMENDATION from Director Department of Public Works & Engineering, reviewed and approved by the Joint Referral Committee, on request from Bernardo Rios, on behalf of Chris Evans, for abandonment and sale of a 10-foot-wide utility easement, in exchange for conveyance to the City of a 10-foot-wide sanitary sewer easement, both located within Lot 136 of the Ridgewood Addition, Parcels SY14-024 and DY14-007 - DISTRICT A - STARDIG

PURCHASING AND TABULATION OF BIDS
8.

ORDINANCE appropriating $2,500,000.00 out of Water & Sewer System Consolidated Construction Fund for Emergency Sanitary Sewer Line Repairs for the Public Works and Engineering Department

9.

BRH-GARVER CONSTRUCTION, L.P. for Emergency Sanitary Sewer Line Repairs for Department of Public Works & Engineering - Funding provided in Item 8 above

This item should only be considered after passage of Item 8 above

ORDINANCES
10.

ORDINANCE amending City of Houston Ordinance No. 2014-754, relating to membership of the Houston Transportation Accessibility Task Force

11.

ORDINANCE approving and authorizing grant application to the U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare and Medicaid Services for the support of navigators in federally-facilitated marketplaces in connection with the Houston expansion of ACA Participation Project (the “Grant”); declaring the City’s eligibility for such grant; authorizing the Director of the Houston Health & Human Services Department to act as the City’s representative in the application process; authorizing the Director of Houston Health & Human Services Department to accept the grant and expend the grant funds, as awarded, and to apply for and accept all subsequent awards, if any, pertaining to the grant


12.

ORDINANCE approving and authorizing the acceptance of grant awards from the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES for grant assistance from the Centers for Disease Control and Prevention for the Houston Childhood Lead Poisoning Prevention Program; declaring the City’s eligibility for such grant; authorizing the Director of the Houston Department of Health & Human Services or his designee to act as the City’s representative to accept and expend the grant funds, as awarded, and to accept all subsequent grant awards pertaining to the program

13.

ORDINANCE amending Ordinance Number 2011-998 to increase the maximum contract amount for a contract between the City and MUNISERVICES, LLC for Sales/Use Tax Audit and Sales/Use Tax Analysis and Reporting Services - $1,500,000.00 - General Fund

14.

ORDINANCE awarding contract to LONE STAR UNIFORMS, INC for Apparel, Uniforms for the Houston Fire Department; providing a maximum contract amount - 3 Years with two one-year options - $6,815,567.27 - General Fund

15.

ORDINANCE approving and authorizing third amendment to Contract No. C56086 between the City of Houston and AMERICAN BOTTLING COMPANY OF TEXAS to extend the contract term (Approved by Ordinance No. 2004-754)

16.

ORDINANCE approving and authorizing third amendment to Contract No. C56087 between the City of Houston and FRESH BREW GROUP USA, LP to extend the contract term (Approved by Ordinance No. 2004-754)

17.

ORDINANCE appropriating $503,000.00 out of Equipment Acquisition Consolidated Fund for Design/Build Contract between the City of Houston and TIMES CONSTRUCTION, INC for the City Hall Annex  Elevator Modernization (Approved by Ordinance No. 2014-0433) - DISTRICT I - GALLEGOS

18.

ORDINANCE approving and authorizing first  amendment to Design/Build Contract between the City of Houston and BARTLETT COCKE GENERAL CONTRACTORS, LLC for Fire Station No. 67 Expansion and Renovation (Approved by Ordinance 2013-0784) - DISTRICT B - DAVIS

19.

ORDINANCE relating to the Fiscal Affairs of LELAND WOODS REDEVELOPMENT AUTHORITY on behalf of Reinvestment Zone Number Twenty-Two, City of Houston, Texas (Leland Woods Zone); approving the Fiscal Year 2015 Operating Budget for the Zone - DISTRICT B - DAVIS

20.

MUNICIPAL Setting Designation Ordinance prohibiting the use of designated groundwater beneath a tract of land containing 8.1858 acres commonly known as 600 through 720 West 6th Street, Houston, Harris County, Texas; and supporting issuance of a Municipal Setting Designation by the Texas Commission on Environmental Quality - DISTRICT C - COHEN

21.

ORDINANCE approving and authorizing Purchase and Sale Agreement, a Special Warranty Deed and a Development Agreement between the City of Houston, Texas, Seller, and SEARCH HOMELESS SERVICES, Buyer, to sell 0.2328 acres of land, being Lots 9 and 10, Block 187, S.S.B.B., located at 205 Chartres Street, Houston, Harris County, Texas; for a purchase price of $270,000.00, and other consideration to the City - DISTRICT I - GALLEGOS

22.

ORDINANCE consenting to the addition of 10.4433 acres of land to HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 390, for inclusion in its district - DISTRICT D - BOYKINS

23.

ORDINANCE appropriating $114,013.85 out of Metro Projects Construction DDSRF; approving and authorizing an Advance Funding Agreement between the City of Houston and the TEXAS DEPARTMENT OF TRANSPORTATION for Memorial Drive Paving and Drainage from North Kirkwood Road to North Eldridge Parkway - DISTRICT G - PENNINGTON

24.

ORDINANCE appropriating $5,500,000.00 out of Water & Sewer System Consolidated Construction Fund as the third additional appropriation to a Professional Engineering Services Contract between the City of Houston and CAROLLO ENGINEERS, INC for Project Advisor/Technical Consultant for the City’s future expansion of the Northeast Water Purification Plant (Approved by Ordinance No. 2012-0121); providing funding for CIP Cost Recovery relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICT E - MARTIN

25.

ORDINANCE awarding contract to ISI CONTRACTING, INC for Concrete and Asphalt Restoration; 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 the deadlines; providing funding for engineering testing services and contingencies relating to the construction of facilities - 2 Years with 1 one-year options - $2,846,543.50 - Enterprise Fund

26.

ORDINANCE appropriating $1,621,000.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to PEPPER-LAWSON WATERWORKS, LLC for 69th Street Wastewater Treatment Plant - Eddy Current Clutch Drives and Screw Conveyor Replacement; 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 the deadlines; providing funding for engineering, testing, CIP Cost Recovery, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICT H - GONZALEZ

27.

ORDINANCE No. 2014-0909, passed first reading October 8, 2014

ORDINANCE granting to FCC ENVIRONMENTAL SERVICES, LLC, A Delaware Limited Liability Company, 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

28.

ORDINANCE No. 2014-0910, passed first reading October 8, 2014

ORDINANCE granting to BIG R TRUCKING, LLC, A Texas Limited Liability Company, 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

29.

ORDINANCE No. 2014-0911, passed first reading October 8, 2014

ORDINANCE granting to ENVIRONMENTAL INDUSTRIAL SERVICES GROUP, 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

30.

ORDINANCE No. 2014-0912, passed first reading October 8, 2014

ORDINANCE granting to ANDERSON POLLUTION CONTROL, 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

31.

ORDINANCE No. 2014-0886, passed second reading October 8, 2014

ORDINANCE granting to CHING LO dba A. URANUS 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

THIRD AND FINAL READING

32.

ORDINANCE No. 2014-0887, passed second reading October 8, 2014

ORDINANCE granting to PROGRESSIVE WASTE SOLUTIONS OF TX, 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

THIRD AND FINAL READING

33.

ORDINANCE No. 2014-0888, passed second reading October 8, 2014

ORDINANCE granting to ARROW SERVICES 123, 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

THIRD AND FINAL READING

34.

ORDINANCE No. 2014-0889, passed second reading October 8, 2014

ORDINANCE granting to MIGGINS INTERESTS, LLC dba HYDRO TECH UTILITIES, A Texas Limited Liability Company, 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

THIRD AND FINAL READING

35.

ORDINANCE No. 2014-0890, passed second reading October 8, 2014

ORDINANCE granting to MOUSER CONTAINER SERVICE, 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

THIRD AND FINAL READING

END OF CONSENT AGENDA
CONSIDERATION OF MATTERS REMOVED FROM CONSENT AGENDA
NON CONSENT AGENDA
NON CONSENT AGENDA - NUMBER 36
NON-CONSENT - MISCELLANEOUS
36.

SELECT and confirm the appointment of either GERALD WOMACK or DIANA UNTERMEYER to Position B13 of the HOUSTON FIRST CORPORATION BOARD OF DIRECTORS, for a two year term ending December 31, 2015

MATTERS HELD
37.

REVIEW on the record and make determination relative to the appeal from the decision of the Automotive Board, filed by Paul Kubosh and Associates, Attorney at Law, on behalf of Eid’s Car Care, 9650 South Kirkwood Drive,77099, regarding the revocation of license

TAGGED BY COUNCIL MEMBERS NGUYEN and PENNINGTON

This was Item 43 on Agenda of October 8, 2014

38.

MOTION by Council Member Stardig/Seconded by Council Member Green to AMEND MOTION #2011-0029, 1/12/11, TO APPOINT John Fox and David Dominy as independent appraisers to determine the fair market value for the portion of right-of-way on the north side of Wheeler Avenue, ±400 feet from the intersection of Wheeler Avenue and Calhoun Street, to ±368 feet from the intersection of Wheeler Avenue and Cullen Boulevard in exchange for fee-owned land from the University of Houston for the construction of Wheeler Street, from Scott Street east to Calhoun Road, out of the Luke Moore Survey, A-51, Parcels SY10-074, AY10-331, AY10-332A through AY10-332D, QY10-007 and VY10-039 - DISTRICT D - BOYKINS

TAGGED BY COUNCIL MEMBER MARTIN

This was Item 45 on Agenda of October 8, 2014

MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Nguyen first
ALL ORDINANCES ARE TO BE CONSIDERED ON AN EMERGENCY BASIS AND TO BE PASSED ON ONE READING UNLESS OTHERWISE NOTED, ARTICLE VII, SECTION 7, CITY CHARTER
NOTE -

WHENEVER ANY AGENDA ITEM, WHETHER OR NOT ON THE CONSENT AGENDA, IS NOT READY FOR COUNCIL ACTION AT THE TIME IT IS REACHED ON THE AGENDA, THAT ITEM SHALL BE PLACED AT THE END OF THE AGENDA FOR ACTION BY COUNCIL WHEN ALL OTHER AGENDA ITEMS HAVE BEEN CONSIDERED.

CITY COUNCIL RESERVES THE RIGHT TO TAKE UP AGENDA ITEMS OUT OF THE ORDER IN WHICH THEY ARE POSITIONED IN THIS AGENDA.  ALSO, AN ITEM THAT HAS BEEN TAGGED UNDER CITY COUNCIL RULE (HOUSTON CITY CODE 2-2) OR DELAYED TO ANOTHER DAY MAY BE NEVERTHELESS CONSIDERED LATER AT THE SAME CITY COUNCIL MEETING.