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1998 12 10 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 10, 1998 The City Council of the City of Baytown, Texas, met in regular session on December 10, 1998, 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 Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Coleman Godwin Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk The meeting was opened with a quorum present, and Council Member Byford led the pledge of allegiance and offered the invocation, after which the following business was conducted: Hold Public Hearing Regarding Proposed Amendments to the Code of Ordinances, Chapter 42, "Health and Sanitation," Article III, "Smoking" at 6:00 p.m. Mayor Alfaro called to order the public hearing concerning the adoption of a proposed ordinance amending Chapter 42 "Health and Sanitation," Article II "Smoking," of the Code Of Ordinances of the City of Baytown. He asked that everyone who desired to speak at this hearing sign the list in the foyer as that list would provide the speaking order for the hearing. He said that everyone who wished to speak at this hearing would be given ample opportunity to do so; however, he did encourage each speaker to be brief and to the point. He stated that this is not an adversarial -type proceeding but an opportunity for all interested persons to be heard on the proposed ordinance. He said that any 981210 -2 Minutes of the Regular Session — December 10, 1998 questions should be directed to him, and with the aid of city staff, he would attempt to respond. He asked the City Manager to summarize the subject of this hearing. The ordinance amends the Code of Ordinances to expand the definition of public place and add various definitions for clarification to enforce that this article does not excuse noncompliance with other measures, to specify offenses and add exceptions and to enumerate criteria for smoking areas to be designated in public places. Notice of this hearing was published in The Baytown Sun on December 2 and December 9, 1998. Charles A. Clemens, 5007 Somerset Drive, spoke in opposition to the proposed amendments. He felt the amendments represent over regulation. Fred Miccio, 4216 Decker Drive, owner of Baytown Bingo, spoke in opposition to the proposed amendments because of the negative impact on his business. He also felt that adoption of the proposed amendments would be over regulation. Yvonne Saice, 5900 Memorial, Executive Director of the Greater Houston Restaurant Association, spoke on behalf of members who own restaurants in Baytown. They support the establishment of a uniform state standard which allows smokers and non - smokers to enjoy public facilities without requiring significant structural and organizational changes. Smokers represent 25% to 30% of a restaurant's customer base. Ms. Saice urged Council to consider the business owners who are also their constituents and let the market place dictate what happens, not someone's social agenda. Russell Ybarra, 5123 Turnberry Court, owner of Gringo's Mexican Kitchen in LaPorte, and a board member of the Houston Restaurant Association, spoke in opposition due to economic consequences. He felt the smoking ban would result in lost revenues to the city. Rick Elmore, 1401 Coyote, spoke in favor of the proposed change, because he felt that smoking was inappropriate in an eatery. Manuel O. Elizondo, 7808 Ware Road, felt that adoption of the proposed changes would be over regulation. Bette Efferson, 202 South Main, a small business owner in Baytown, presented a petition with eighty signatures against the proposed changes. She felt that business owners should continue to have the right to decide whether to allow smoking. 981210 -3 Minutes of Regular Session — December 10, 1998 Tom L. Kincaid, 4035 Wright, felt adoption would mean further erosion of citizens' rights and liberties. Marquerite "Terri" Mouton, 1201 Parkway, a new restaurant owner in Baytown, felt that the decision should be left to the business owner and their customers. Keith Kilcrease, 104 Queens Court, felt that adoption of the proposed amendments would eliminate the freedom of choice. Sharon M. Newberry, Post Office Box 1744, spoke in opposition to the proposed changes. She felt business owners should have the right to decide. Becky McCandless, 4115 Mohawk Street, presented a petition in opposition to the proposed changes. She felt that the proposed ordinance would take away her choice and noted that just about every eating establishment allows smoking and non - smoking. Steve Lusk, 4006 Massey- Tompkins, a restaurant owner, performed a survey with 84 people against the ban and eight people for it. His customers are primarily smokers who frequent his establishment to relax. He felt the choice should be that of the proprietor. Dr. James Bernick, 800 Post Oak, spoke in favor of the proposed amendments due to health concerns involving passive smoking. Shannon Sheppard, American Cancer Society, spoke in favor of the proposed amendments. She felt that Council's responsibility is to protect the health of the community. John J. Isaacks, owner of Bay Vending, felt the proposed ordinance to be unrealistic and would affect his business adversely. Joyce Barker, 4829 Highway 146, restaurant owner, presented a petition in opposition to the proposed ordinance. Mayor Alfaro recessed the public hearing on the smoking ordinance to call to order the pubic hearing scheduled for 6:35 p.m. 981210-4 Minutes of Regular Session — December 10, 1998 Hold Public Hearing on the Request of Jill Benbow, Vice President of Norwood Homes, to Amend the Official Zoning Map of the City of Baytown to Rezone Property Legally Described as Tract 4B, Abstract 69, out of the Christian Smith Survey (Bayou Oaks Estate), from Mixed Use to Neighborhood Conservation at 6:35 p.m. Mayor Alfaro called to order the public hearing concerning the adoption of a proposed ordinance amending the Official Zoning Map affecting property described as Tract 4B, A -69, Bayou Oaks Estate. He asked that everyone who desired to speak at this hearing sign the list in the foyer as that list would provide the speaking order for the hearing. He said that everyone who wished to speak at this hearing would be given ample opportunity to do so; however, he did encourage each speaker to be brief and to the point. He stated that this is not an adversarial -type proceeding but an opportunity for all interested persons to be heard on the proposed ordinance. He said that any questions should be directed to him, and with the aid of city staff, he would attempt to respond. He asked the City Manager to summarize the subject of this hearing. This property was recently annexed into the City and received an automatic designation of Mixed Use (MU). Norwood Homes plans to construct seventy -five single - family dwellings at this location, and the Baytown Zoning Commission recommends the reclassification based on staff analysis that the request meets the six amendment criteria established in the Zoning Ordinance. 1 ; . • • 1 Mr. Huff stated that all the drainage from his property and the other property south of Tract 4B drains across that tract because it is lower maybe by ten feet. He said that rather than his property draining to Raccoon Drive and Cary's Bayou, it runs across Tract 4B. He said that he wanted to be certain that this drainage was not going to be blocked. He said that there are two natural ravines that run across that tract for drainage to Cary's Bayou. He wants to be certain that something is done. There being no one else registered to speak, Mayor Alfaro closed the public hearing. 981210 -5 Minutes of Regular Session — December 10, 1998 Consider Proposed Ordinance No. 981210 -1, Amending the Official Zoning Map of the City of Baytown by Changing the Zoning District of the Property Described as Tract 413, Abstract 69, out of the Christian Smith Survey (Bayou Oaks Estate) from Mixed Use to Neighborhood Conservation District The Zoning Commission has held one public hearing regarding this matter and has prepared a report along with a recommendation for approval. Council Member Sheley moved to adopt the ordinance. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING PROPERTY DESCRIBED AS TRACT 4B, ABSTRACT 69, OUT OF THE CHRISTIAN SMITH SURVEY, BAYTOWN, TEXAS, TO RECLASSIFY SUCH PROPERTY FROM A MIXED USE DISTRICT TO A NEIGHBORHOOD CONSERVATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resume Public Hearing Regarding Proposed Amendments to the Code of Ordinances, Chapter 42, "Health and Sanitation," Article III, "Smoking" which began at 6:00 p.m. and recessed at 6:35 p.m. Mayor Alfaro resumed the public hearing regarding the proposed ordinance amending the code on smoking. Julie DeTorre, representing the American Cancer Society, Baytown Unit, encouraged Council to adopt the proposed amendments. She emphasized that tobacco is directly responsible for more than twenty -five thousand deaths each year in Texas. During the recent state lawsuits against the tobacco companies, evidence has come to light confirming that the tobacco industry has manipulated and lied to the public about the harmful effects of tobacco. Second -hand smoke has been classified by the EPA as a group "A" carcinogen putting it in the same category as asbestos, arsenic, and benzene. 981210 -b Minutes of Regular Session — December 10, 1998 Laurie Terry, Director at a local health care facility and member of the American Cancer Society, spoke in favor of strengthening the existing ordinance to protect the public health. She felt this was a matter of health not personal rights. Teressa Rodrigues, President of the American Heart Association, and a nurse by profession, spoke on behalf of those who would like to have a choice when they frequent a public facility- -the choice of a smoke free environment. Regina Quinn, representing the American Heart Association, encouraged adoption of the proposed amendments to reduce disability and death from cardiovascular disease and stroke. Dr. Pamela Medellin, an oncologist, spoke of the numbers exposed to and affected by second -hand smoke. Dr. Hugh Williston, 4201 Garth Road, a physician, emphasized that this country is all about individual choice and individual freedom. The choice needs to come from the individual, not from the Government. Sean Gonzales, representing Tortuga's Cantina, stated that his business is 50% smoking and 50% non - smoking. Therefore, he fears that many of his customers will begin to frequent establishments outside of Baytown if the proposed Ordinance is adopted. Steve Wiley, General Manager of Red Lobster in Baytown, expressed his concern about the possible loss of the 25% of his customers who smoke. Joan Heaner spoke in favor of the proposed changes on behalf of those who cannot tolerate smoke due to asthma or allergies. Jannie Foreman stated both smokers and non - smokers frequent the bowling alley and felt the choice should be left to the customers. Maria Islas, 8 Ashleyville Road, expressed that adoption of the proposed ordinance would affect her livelihood since she is a bartender. Jim White, 5104 Glen Haven, inquired why he as a free individual should have to suffer the ill effects of someone else's bad habits? Dave Pickrell, President and founder of Smokers Fighting Discrimination in Katy, spoke to the loss of customers and jobs in other cities where smoking was banned. 981210 -7 Minutes of Regular Session — December 10, 1998 Tracey Wheeler, Chamber of Commerce, urged Council to carefully consider whether there is a need for further regulation of this type. Maria Zoss, Executive Chef, Veranda Cafe, expressed concern that adoption of the proposed ordinance would affect her business adversely. Sheri White, 106 West Baker Road, business owner, felt proprietors should have the choice of what takes place in their own business. Ramiro Ruiz, 1007 North Main Street, expressed the fear that he would lose 50% of his business if the ordinance were adopted. Rick Anderson, Outback Restaurant, stated it is not an issue of smokers or non - smokers but an issue of being pro- business and pro- restaurant which Baytown should be right now. There being no one else registered to speak, Mayor Alfaro closed the public hearing. Consider Approval of Minutes for the Regular Meeting held on November 24, 1998 Council Member Almendarez moved to approve the minutes. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Approval of Minutes for the Special Meeting held on December 2, 1998 Council Member Byford moved to approve the minutes. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 981210 -8 Minutes of Regular Session — December 10, 1998 Consider Proposed Ordinance No. 981210 -2, Setting the Date, Time and Location for a Public Hearing for Willie Herrington, Owner of Spray Pump, Inc., to Amend the Official Zoning Map to Rezone Property Legally Described as Lots 7 and 8, Block 1, Bennie Gray Subdivision, from Urban Neighborhood (UN) to Mixed Use (MU) The Baytown Zoning Commission recommended approval of the request for the zoning district reclassification. The property is currently zoned Urban Neighborhood (UN). The applicant is proposing to expand his business (Spray Pump, Inc.) onto the adjacent property. The proposed use is not permitted within the UN zoning district. The ordinance sets the public hearing for January 4, 1999, at 6:35 p.m. in the Council Chamber of the City Hall. Council Member Escontrias moved to adopt the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8469 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR THE PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN, RECLASSIFYING PROPERTY DESCRIBED AS LOTS 7 AND 8, BLOCK 1, BENNIE GRAY SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AND URBAN NEIGHBORHOOD DISTRICT TO A MIXED USE DISTRICT; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 981210 -3, First Reading on the Proposed Franchise with Metricom, Inc. to Encroach upon and use the Public ways of the City of Baytown for the Purpose of a Wireless, Microcellular Digital Radio Communications Network Council will consider this at a future time. 981210 -9 Minutes of Regular Session — December 10, 1998 Consider Proposed Ordinance No. 981210 -4, Accepting Proposal for Baytown 2020 Plan (Update of the Comprehensive Plan) Proposals were mailed to eleven firms and five proposals were received. Two firms were interviewed by the Architectural /Engineering Selection Committee, the staff, and the Chairpersons of the Long -Range Planning Commission and the Growth Management Commission. The recommendation is for the selection of Wilber Smith Associates. Council Member Almendarez moved to adopt the ordinance. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PROPOSAL OF WILBER SMITH ASSOCIATES FOR THE DEVELOPMENT OF BAYTOWN 2020 PLAN (UPDATE OF THE COMPREHENSIVE PLAN); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 981210 -5, Authorizing Approval of four Earnest Money Contracts for Acquisition of Property for Development of a Park In the Lincoln Cedar Subdivision. Owner Property Price Laura Broussard Lots 9 & 11, Block 1 $10,200 Lincoln Cedar (Section 1 } Jenial Lockett Lots 10, Block 1 5,100 Lincoln Cedar (Section 1) Cleophus Barnett Lots 12, Block 1 5,100 Lincoln Cedar (Section 1) Dora Smith, Individually A 1.7475 -acre tract out of and as Independent Abstract 22 of the Christian 16,000 Executrix of the Estate of Smith League, Chambers Waunice Bell County, Texas W 981210 -10 Minutes of Regular Session — December 10, 1998 The amount to be paid represents the appraised values of the properties as determined by an appraisal performed by Joe Mueller. The closing date is scheduled for December 31, 1998. The Parks and Recreation Advisory Board reviewed this proposal and recommends approval. Funds will come from a Community Development Block Grant. Council Member Sheley moved to adopt the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING SEPARATE EARNEST MONEY CONTRACTS EXECUTED BY ITS ATTORNEY -IN -FACT FOR THE PURCHASE OF PROPERTY FOR THE DEVELOPMENT OF A PART IN THE LINCOLN CEDARS SUBDIVISION FROM LAURA BROUSSARD, JENIAL LOCKETT, CLEOPHUS BARNETT, AND DORA SMITH, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF WAUNICE BELL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 981210 -1, Granting Consent to the Creation of Spring Meadows Municipal Utility District, Containing Approximately 421.927 Acres of Land Situated in the George Ellis League, Abstract Number 21, Harris County, Texas, Bounded by Interstate 10 to the South, Garth Road to the West, Wallisville Road to the North, and Main Street to the East Council will consider this item at a future time. Consent Agenda Council considered the consent agenda items "a" through "j." a. Proposed Resolution No. 981210 -2, authorizes City Manager to accept a grant award from the United State Department of Justice 981210 -11 Minutes of Regular Session — December 10, 1998 in the amount of $99,418 from the Local Law Enforcement Block Grant Program to assist the City in reducing crime and improving public safety. The funds may be spent for personnel, overtime, and equipment but may not supplant budgeted items. This grant is identical to the two previous grants awarded in 1996 and 1997. The City must appoint an advisory board to hold a public hearing and make recommendations for the expenditure of funds. The City must spend all funds on or before September 30, 2000. Funds for the City's match of $11,046 will come from the General Fund. We recommend approval. b. Proposed Resolution No. 981210 -3, authorizes the City Manager to accept additional appropriation for a federal grant from the Federal Office of National Drug Control Policy (ONDCP) for Cooperative agreement in conjunction with the Houston High Density Drug Trafficking Area Grant Program in the amount of $85,874. The additional appropriation increases the grant from $531,955 to $617,829. There are no City funds appropriated for this grant. We recommend approval. C. Council will consider this item at a future time. d. Proposed Ordinance No. 981210 -7, designates the south intersection of Ferry Road at North Alexander Drive northbound roadway a yield intersection, controlling northbound Ferry Road. Ferry Road is a two -way, two -lane collector roadway connecting North Alexander and Cedar Bayou Road. Based on the high degree of visibility, the resultant high approach speed, and the lack of reported accident experience, the Growth Management and Advisory Commission recommended replacing the existing stop control with a yield control. We recommend approval. e. Proposed Ordinance No. 981210 -8, authorizes the purchase of one heavy duty telescoping boom mobile hydraulic excavator from Hi- Way Equipment Company, Inc., in the amount of $225,858. Invitations to bid were mailed to eight suppliers and we received two bids and five no -bids. This equipment will be used by the Streets and Drainage Division of Public Works. We recommend approval. 981210 -12 Minutes of Regular Session — December 10, 1998 f. Proposed Ordinance No. 981210 -9, authorizes the purchase of one pesticide sprayer and computer system from CIBOLO Manufacturing, Inc. in the amount of $48,916. Invitations to bid were mailed to two suppliers and we received one bid and one no- bid. This equipment will attach to a truck purchased earlier and will be used by the Parks and Recreation Department for application of herbicides /pesticides along rights -of -way. This is the sprayer discussed with Council during budget work sessions. We recommend approval. g. Proposed Ordinance No. 981210 -10, rejects the bid for the annual sludge disposal contract with GM and Associates in the amount of $138,144, and awards the rebid to Rustin Transportation in the amount of $132,480. Invitations to bid were mailed to eight suppliers and we received five bids. The original bids were rejected because they were over the budgeted amount of $14.05 per cubic yard. The Rustin Transportation bid is based on $13.80 per cubic yard. This contract is used for the collection, hauling, and disposal of processed sewage sludge at each of the wastewater treatment plants. We recommend approval. h. Consider approval of street light installation. On October 21, 1998, the Growth Management and Development Advisory Commission recommended the installation of twenty -seven street lights at the following locations based on the approved criteria for installation of street lights. 108 Crow Road 127 Redbud Lane 108 Caldwell 117 Lazy Lane Landing @ Cedar Bayou 1100 Tenth Street West Republic Street (2) Town Circle 800 Block Stimson 402 Redbud Lane 118 Caldwell Lazy Lane @ Holly Road 4211 N. Main Street West Texas Avenue @ Doris Street Lincoln Cedars Subdivision (3) We recommend approval. 115 Redbud Lane 100 Caldwell 107 Lazy Lane 220 Lakewood Drive 2500 Clyde Drive 1300 Miriam Drive Northwood Subdivision (3) 981210 -13 Minutes of Regular Session — December 10, 1998 i. Consider rejection of bid for sale of city -owned property (Lot 25 of Bayou Acres) for the amount of $10.00. Invitations to bid were mailed to five bidders and we received one bid and one no -bid. We recommend approval. j. Proposed Ordinance No. 981210 -11, repeals Chapter 66 "Offenses," Section 66 -29 "Carrying firearms" in its entirety. On December 14, 1995, the City Council passed Ordinance No. 7578, in response to the Legislature's passage SB 60, the "Right to carry" law allowing licensees to carry concealed handguns. The Legislature has revisited the concealed handgun issue and has enacted a statute, which obviates the need for the City's ordinance. Under the new state law, a concealed handgun licensee commits an offense if he carries a handgun on property of another without consent of the owner and has received notice that such act is forbidden. We recommend approval. Council Member Almendarez moved to accept the consent agenda items "a" and "b" and "d" through "j." Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None RESOLUTION NO. 1374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD IN THE AMOUNT OF NINETY -NINE THOUSAND FOUR HUNDRED EIGHTEEN AND NO /100 DOLLARS ($99,418.00) FROM THE UNITED STATES DEPARTMENT OF JUSTICE; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING CREATION OF AN ADVISORY BOARD; PROVIDING FOR A PUBLIC HEARING; AUTHORIZING A CASH MATCH OF ELEVEN THOUSAND FORTY -SIX AND NO /100 DOLLARS ($11,046.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 981210 -14 Minutes of Regular Session — December 10, 1998 RESOLUTION NO. 1375 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ACCEPT ADDITIONAL FUNDING UNDER A FEDERAL GRANT FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR THE COOPERATIVE AGREEMENT PERTAINING TO THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8472 AN ORDINANCE DESIGNATING A CERTAIN INTERSECTION AS A YIELD INTERSECTION; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ORDINANCE NO. 8473 AN ORDINANCE ACCEPTING THE BID OF HI -WAY EQUIPMENT FOR THE PURCHASE OF A HEAVY DUTY TELESCOPING BOOM MOBILE HYDRAULIC EXCAVATOR AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWENTY -FIVE THOUSAND EIGHT HUNDRED FIFTY -EIGHT AND NO /100 DOLLARS ($225,858.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8474 AN ORDINANCE ACCEPTING THE BID OF CIBOLO MANUFACTURING, INC., FOR THE PURCHASE OF ONE PESTICIDE SPRAYER AND COMPUTER CONTROLLED SYSTEM AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -EIGHT THOUSAND NINE HUNDRED SIXTEEN AND NO /100 DOLLARS ($48,916.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 981210 -15 Minutes of Regular Session – December 10, 1998 ORDINANCE NO. 8475 AN ORDINANCE REJECTING THE BID OF GM AND ASSOCIATES FOR THE ANNUAL SLUDGE DISPOSAL CONTRACT IN THE AMOUNT OF ONE HUNDRED THIRTY - EIGHT THOUSAND ONE HUNDRED FORTY -FOUR AND NO/100 DOLLARS ($138,144.00); AWARDING THE ANNUAL SLUDGE DISPOSAL CONTRACT —REBID TO RUSTIN TRANSPORTATION AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THIRTY - TWO THOUSAND FOUR HUNDRED EIGHTY AND N01100 DOLLARS ($132,480.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8476 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 77 "OFFENSES," ARTICLE II "WEAPONS," SECTION 66 -29 "CARRYING FIREARMS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. For bid tabulation, see Attachment "A" through "D." Consider Appointment of Local Law Enforcement Block Grant Advisory Board Council Member Sheley moved to appoint: Religious - Hiawatha (Hi) Jackson; Civic group – Jerry Bliss; School - Al Weatherall; Prosecutor's Office - Ignacio Ramirez; Police Department - Captain Mike Mihalik; and Judge Bailey will replace Judge Johnson. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 981210 -16 Minutes of Regular Session — December 10, 1998 Consider Appointments to Emergency Medical Service Committee Council Member Escontrias moved to appoint Ernie Whitener and Barbara Thomas. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None City Manager's Report =- t 1156-M 1. ll -- 1• A special meeting of the Council will be held at 3:30 p.m. on December 11, 1998. _.•N7 1 u-_ The Exxon Christmas Party is being held tonight at the Country Club. Adjourn As there was no further business to be transacted, the meeting was adjourned. 'g � ,o Eileen P. Hall, City Clerk a a� .� u CITY OF BAYTOWN BID TABULATION T[TLE: HEAVY DUTY TELESCOPING BOOM MOBILE HYDRAULIC EXCAVATOR BID #: 9911 -OS HATE: November 20. 1998 2:00 P.M. NO QTY. UNIT DESCRIPTION HI -WAY EQUIPMENT CONTINENTAL EQUIPMENT NO -BIDS UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE 1 1 each EXCAVATOR 225,858.00 225$5$.00 229,895.00 229,895.00 SIERRA MACHINERY PRIME EQUIPMENT CARUTH- DOGGETT MUSTANG TRACTOR PRECO MACHINERY LOCATION: HOUSTON, TEXAS DALLAS, TEXAS DELIVERY: 14 DAYS ARO 90 -120 DAYS ARO Mailed 8 bids and received 2 bids and 5 no -bids. Sierra Machinery could not be competitwe w�tn the other a�strmucors of this equipmen�. The other no -bids were unable to meet specifications. The manufacturer of Gradall equipment bid through its distributors. Pag.�2 12/2/98 Attachment "B" CITY OF BAYTOWN BID TABULATION TITLE: PESTICIDE SPRAYER AND COMPUTER CONTROLLED SYSTEM BID #: 9911 -06 DATE: November 30, 1998 2:00 P.M. NO QTY. UNIT DESCRIPTION CIBOLO MANUFACTURING WYLIE MANUFACTURING UNIT PRICE EXT. PRICE UNIT PRICE I EXT. PRICE l 1 each PESTICIDE SPRAYER 61,265.00 61,265.00 NO BID Less deduction for mosquito (12,349.00) 48,916.00 larvacide system LOCATION: JOURDANTON, TEXAS EL CAMPO, TEXAS DELIVERY: 60 -90 DAYS ARO Mailed 2 bids and received 1 bids and 1 no -bids. Wylie Manufacturing could not met specs. Page 1 of 1 12/2198 U q v «a a+ d CITY OF BAYTOWN BID TABULATION TITLE: ANNUAL SLUDGE DISPOSAL CONTRACT -REBID B1D �: 012 -99 nnTT:• OCTOBER 14. 1998 2:00 P_M_ NO. QTY. UNIT DESCRIPTION RUSTIN TRANSPORTATION GULF COAST WASTE GM 8 ASSOCIATES CDR ENVIRONMENTAL BFI UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE 1. 9,1100 cubic yard Sludge Disposal 13.80 132,480.00 14.47 138,912.00 14.49 139,104.00 14.80 142,080.00 IG.40 157,440.00 SUPPLY POINT: HOUSTON, TEXAS HOUSTON, TEXAS HOCKLEY, TEXAS HOUSTON, TEXAS HOUSTON, TEXAS DELIVERY: AS REQUESTED AS REQUESTED AS REQUESTED A5 REQUESTED AS REOUESTED Mailed 8 bids and received S bids for the rchid of this contract. The current annual contract is with RustinTransportation for 513.80 per cubic yard. Quantities and price per cubic }�ard remain the same as last year's contract. This contract was previously bid in November. GM and Associates bid $14.39 per cubic yard which was Duct budget. Recommendation is to reject Bid !1012 -99 and award Bid !!012 -99 -REBID to Rustin Transportation for $13.80 per cubic yard. sIh/09 rettid - TABULATION ANNUAL SLUDGE dISPOSAL CONTRACTxIa Pego 1 12!4/98 i Attachment "D" CITY OF BAYTOWN BID TABULATION TITLE: SALE OF LOT 25 OF BAYOU ACRES - REBID BID #: 9911 -03 DATE: November 30, 1998 2:00 P.M. NO QTY. UNIT DESCRIPTION JIM SANDERS VICTOR WOOTTON UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE 1 1 each LOT 25 OF BAYOU ACRES 10.00 10.00 NO BID x LOCATION: BAYTOWN, TEXAS BAYTOWN, TEXAS Mailed 5 bids and received 1 bids and 1 no -bids. Victor Wootton is no longer interested in the property. Page 1 of 1 1212/96