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1999 02 25 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 25, 1999 The City Council of the City of Baytown, Texas, met in regular session on February 25, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following in attendance: Victor Almendarez Council Member Manuel Escontrias 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 Absent: David Byford Council Member The meeting was opened with a quorum present, and Council Member Sheley 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 February 11, 1999 Council Member Escontrias moved to approve the minutes. Council Member Hinds seconded the motion. The vote follows: Ayes: Council Members Almendarez, Escontrias, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 990225 -2 Minutes of the Regular Session — February 25, 1999 Proposed Ordinance No. 990225 -1, Amending the Code of Ordinances, Chapter 42, "Health and Sanitation," Article III, "Smoking" by Adopting one of the Following Options: a. All public places are non - smoking; however, a smoking area may be provided by including a physical barrier with separate air ventilation system. Amends the existing ordinance to provide that all public places are non - smoking; however, a smoking area may be provided by including a physical barrier with separate air ventilation system. In addition to the separate air ventilation system and negative pressure, the HVAC system shall utilize an amount of outside "mixing" air in accordance with industry codes and standards and an amount of the return air shall be exhausted to the outside of the building. This requirement is a design function and would be determined by the engineers at the time of retrofit or construction. The Health Department of the City will be responsible for testing of negative pressure. Since negative pressure must be maintained, the establishment will not be required to enclose the smoking area with a door. The requirement for a door created problems with serving distance, safety issues, and ADA requirements. Anytime a negative pressure is not present in the smoking area, the whole facility becomes non - smoking. Each business would determine the area to be designated as non - smoking and the amount of area to be designated as smoking. Both sides of that issue were discussed and all agreed this is a business decision. b. All public places may be designated completely non - smoking, completely smoking, or a combination thereof by including a physical barrier with separate air ventilation system. Amends the existing ordinance to provide that all public places are non - smoking; however, an establishment may designate the building completely non - smoking or completely smoking by placement of signs at the entrances, or may designate the building as a combination thereof by meeting the requirements delineated in Option a. Council has held one public hearing and several work sessions to receive input from the community. In an effort to provide options to Council that would satisfy the concerns expressed by various segments of the community, the staff met with representatives of the American Cancer Society, the American Heart Association, and business owners to provide options. Mayor Alfaro recognized the following persons in accordance with Council procedures. 990225 -3 Minutes of the Regular Session — February 25, 1999 Dave Pickrell, Post Office Box 5472, Katy Mr. Pickrell represents "Smokers Against Discrimination." He opposed a more restrictive ordinance on smoking as too much control by government. Robert Hollis, 4704 Memory Lane Mr. Hollis opposed the ordinance questioning the accuracy of studies on second -hand smoke. Larry Forehand, 1135 Edgebrook, Houston Mr. Forehand, represents the Restaurant Association. He said the association had no objection to the ordinance. Bill Harrison, 400 West Texas Avenue Mr. Harrison said he agreed with Mr. Forehand. Joyce Barber, 4829 Highway 146 Ms. Barber agreed with Mr. Forehand. Luther Haddick, 520 Harding Street Mr. Haddick said he was opposed to smoking in public areas but that he was concerned about the cost to businesses of separate facilities. Bob Mahan, 2800 Jeanetta No. 411, Houston Mr. Mahan is Executive Director of the Smoking and Tobacco Education Campaign. He spoke in favor of option 1 a and the dangers of second -hand smoke. He requested that if Council did compromise on the ordinance that they allow no more than thirty percent of a restaurant to be smoking and that a time limit be set on when restaurants must be totally non smoking. He suggested that restaurants with less than sixty seats should not be permitted a separate smoking section. Council Member Almendarez moved to adopt ordinance la with the addendum that the designated smoking area should not exceed fifty percent of the seating. Council Member Escontrias seconded the motion. Council Member Almendarez stated that the issue was a health issue and a nuisance issue. He said that that Council had been considering this issue for over two years. Council Member Escontrias said he thought that people contacted council members they believed agreed with them. He said that there were already about 130 smoke -free businesses in the Baytown area. 990225 -4 Minutes of the Regular Session — February 25, 1999 Council Member Godwin expressed the hope that the issue would not cause division in the city. Mayor Alfaro said that he was a nonsmoker and a believer in limited government. He stated that while he felt it was necessary to protect the nonsmoker, he wanted to offer choices. He said that since this ordinance applied to all public buildings not just restaurants, the owner should be able to designate the property smoking or nonsmoking and post signs to that effect. He noted that since 70 to 80 percent of the population are nonsmoking, economics would require that most places be nonsmoking. He stressed that he wanted to protect the health of the community and did not want to mix smoking and nonsmoking, however, he felt it was fundamental to our society for adults to be able to make choices. The vote follows: Ayes: Council Members Almendarez, Escontrias, Hinds, and Godwin Nays: Council Member Sheley Mayor Alfaro ORDINANCE NO. 8518 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III "SMOKING," SECTIONS 42 -96 "DEFINITIONS" TO ADD A DEFINITION OF "PRIVATE CLUB," AND "AIR VENTILATION SYSTEM," TO EXPAND THE DEFINITION OF "PUBLIC PLACE" AND TO ADD VARIOUS DEFINITIONS FOR CLARIFICATION; SECTION 42 -98 "AUTHORITY FOR MORE RESTRICTIVE REQUIREMENTS" TO ENFORCE THAT THIS ARTICLE DOES NOT EXCUSE NONCOMPLIANCE WITH OTHER MEASURES; SECTION 42 -99 "OFFENSE" TO DESIGNATE CERTAIN CONDUCT AS VIOLATIONS OF ARTICLE III "SMOKING," SECTION 42 -101 "DESIGNATION OF DESIGNATED SMOKING AREAS" TO ENUMERATE CRITERIA FOR SMOKING AREAS TO BE DESIGNATED IN PUBLIC PLACES; SECTION 42 -102 "SIGNS" TO SPECIFY THE CONTENT AND PLACEMENT OF THE REQUISITE SIGNS; AND SECTION 42 -103 "EFFORT TO PREVENT SMOKING$% AND ADDING SECTION 42 -105 "NO COMMINGLING OF AIR SANITATION," ARTICLE III "SMOKING," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PROVIDING FOR A PENALTY NOT EXCEEDING TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 990225 -5 Minutes of the Regular Session — February 25, 1999 Proposed Ordinance No. 990225 -2, Awarding a Contract for Archeological Consulting Services for the Baytown Nature Center The ordinance awards the contract to Moore Archeological Consulting, Inc., in the amount of $18,375. The city was awarded a grant for the development of the Baytown Nature Center on January 21, 1999. The project will consist of land acquisition, construction of bicycle /pedestrian trail, picnic facilities, fishing facilities, birding observations, a freshwater lake, and a butterfly garden. The $402,200 matching grant requires a Cultural Resources Survey and clearance from the Texas Historical Commission before the grant contract can be signed. The scope of the survey will include the entire Baytown Nature Center project (over 400 acres). Moore Archeological has completed several other cultural resource surveys for the City of Baytown in the past including the French Limited Project and the San Jacinto Point area in the Nature Center. Funds will come from a $2,200 grant from Texas Parks and Wildlife and $16,175 from city bond funds. Council Member Escontrias moved to adopt the ordinance. Council Member Almendarez seconded the motion. In response to inquiry from Council, the City Manager stated that the expenditure from city funds was in the budget. The vote follows: Ayes: Council Members Almendarez, Escontrias, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8519 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH MOORE ARCHEOLOGICAL CONSULTING, INC., FOR ARCHEOLOGICAL CONSULTING SERVICES FOR THE BAYTOWN NATURE CENTER AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF UP TO EIGHTEEN THOUSAND THREE HUNDRED SEVENTY - FIVE AND NO /100 DOLLARS ($18,375.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 990225 -3, Accepting a Proposal and Approving a Contract for a Contract Labor NT System Administrator for the Harris County Organized Crime Narcotics Task Force (HCOCNTF) The ordinance approves a contract with CompUSA Integration Services in the amount of $35,460. CompUSA was chosen due to extensive experience with 990225 -6 Minutes of the Regular Session — February 25, 1999 Windows NT, exchange system administration, Internet, and Internet web design. This will directly benefit the NTF and the City. The duration of the contract is through May 31, 1999, with an option for an additional year. Council Member Godwin moved to adopt the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Escontrias, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None ORDINANCE NO. 8520 AN ORDINANCE ACCEPTING THE PROPOSAL OF COMPUSA INTEGRATION SERVICES FOR THE CONTRACT LABOR NT SYSTEM ADMINISTRATOR FOR HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FIVE THOUSAND FOUR HUNDRED SIXTY AND NO /100 DOLLARS ($35,460.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 990225 -4, Repealing Authorization to an Agreement with Geotest Engineering, Inc., and Awarding the Geotechnical Contract to Fugro - McClelland (Southwest), Inc. The ordinance awards the contract to Fugro - McClelland in the amount of $15,200. This repeal is caused by Geotest Engineering's refusal to accept the City's supplementary conditions for insurance, liability, indemnification, and responsibility for damages caused by their neglect. The previous recommendation to approve the agreement was premature because of an oversight to verify receipt of acceptance of the supplementary conditions. Fugro- McClelland (Southwest) has agreed to the contract terms and will perform the same geotechnical work on a time and material basis contract. Funds will come from 1991 bonds. Council Member Hinds moved to adopt the ordinance. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Escontrias, Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 990225 -7 Minutes of the Regular Session — February 25, 1999 ORDINANCE NO. 8521 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 8422 PASSED ON OCTOBER 8, 1998, WHICH AUTHORIZED AN AGREEMENT WITH GEOTEST ENGINEERING, INC., TO PROVIDE GEOTECHNICAL DATA FOR THE REPAIR AND REPLACEMENT OF CHANNEL MARKERS AT BAYLAND PARK MARINA; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH FUGRO - MCCLELLAND (SOUTHWEST), INC., TO PROVIDE SUCH SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTEEN THOUSAND TWO HUNDRED AND NO /100 DOLLARS ($15,200.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Resolution No. 990225 -1, Approving Amended Guidelines and Standard Form of Agreement for the Senior /Disabled Citizens Taxi Program The resolution approves the agreement in the amount of $123,000. The Senior /Disabled Citizens Taxi Program currently provides eight free one -way rides per month to eligible senior and disabled citizens. During the budget process of the Community Development Advisory Board, the Board emphasized that the budget for this program should not be increased. However, ridership has increased due to improvements in service and favorable weather conditions; therefore, without any adjustment to the program, the budget will be over expended by approximately $31,000. The option proposed will revise the contract to reduce the benefit to eight one -way rides per month not to exceed $6.00 per ride. For fares that exceed $6.00, the rider will pay the balance. The average fare is $8.54. The new program will become effective April 1, 1999. The Community Development Advisory Committee concurs with this change. Council Member Escontrias moved to adopt the resolution. Council Member Hinds seconded the motion. In response to Council inquiry, Barbara Wooster, Community Development Planner, explained that if this adjustment were not made, the Community Development Budget would need to be adjusted in other areas of public service such as Love, Inc. or the literacy program. Council did not elect to make adjustments to those programs. The vote follows: Ayes: Council Members Almendarez, Byford, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None 990225 -8 Minutes of the Regular Session — February 25, 1999 RESOLUTION NO. 1383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AMENDED SENIOR/DISABLED CITIZEN TAXICAB PROGRAM GUIDELINES AND SENIOR/DISABLED CITIZEN TAXI PROGRAM AGREEMENT; ESTABLISHING THE COMMENCEMENT DATE FOR THE GUIDELINES AND THE USE OF THE AGREEMENT; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda Council considered the consent agenda items "a" through 'T" a. Proposed Resolution No. 990225 -2, authorizes the City Manager to make application for the Juvenile Accountability Incentive Block Grant Program. The City of Baytown has been invited to apply for grant funds to aid in the reduction of juvenile crime. The City is eligible for $33,459 with a ten- percent cash match of $3,718 for a total project budget of $37,376. These funds would provide Municipal Court with alternative sentencing for juveniles. A Juvenile Crime Enforcement Coalition (JCEC) must be appointed as provided in Item 9 to recommend a program for expenditure of the funds. The proposal to the JCEC will require juveniles to complete a six -hour program divided into two three -hour sessions. One session would require the juvenile and parent or guardian to attend a three -hour session in the Municipal Court on a Saturday morning. This session could utilize speakers, videos on juvenile crime, and require testing on material that was presented. Juveniles could be required to write short essays on the consequences of their actions. The other three -hour session would require the juveniles to dress in an orange - colored vest and pick up trash, paint over graffiti, clean vacant lots, etc. All activities would be closely supervised. All funds must be expended by August 1, 2000. We recommend approval. b. Proposed Ordinance No. 990225 -5, approves deduct Change Order No. 1 in the amount of $3,811.92 to adjust final quantities and approves final payment in the amount of $45,439.36 to Reliance Construction, Inc., for the Wynnewood and Raintree Sanitary Sewer Rehabilitation Project. Significant underruns include long side service connections, installation of manhole rings, 990225 -9 Minutes of the Regular Session — February 25, 1999 and removing and replacing asphaltic or concrete pavement and base. The contract award amount was $912,599.20 and this change order represents a 0.4 percent cost reduction. The contract duration was revised to add thirteen days during the Christmas holidays for a total of 193 calendar days and the contractor completed the project in 193 calendar days. We recommend approval. C. Proposed Ordinance No. 990225 -6, approves deduct Change Order No. 6 in the amount of $1,845 and final payment in the amount of $47,292.10 to Horizon Constructors, Inc., for the Animal Control and Adoption Center. The contract award amount was $487,159 and the final contract amount is $507,094 representing a 4.1 percent cost growth. The cost growth was largely due to the addition of a firewall, an added front porch, and a back flow preventer, and the revision of the lift station electrical panel. The contract original duration was 180 calendar days and the work was completed in 282 calendar days. Funds were from 1991 bonds. We recommend approval. d Proposed Ordinance No. 990225 -7, authorizes settlement of Case No. 97- 50165 -H4 -7; In Re: Fine Organics, Inc., Debtor, in the United States Bankruptcy Court for the Southern District of Texas, Houston Division. On October 6, 1997, Fine Organics filed for Chapter 7 bankruptcy. Since the initiation of its bankruptcy proceeding, Fine Organics sold substantially all of its assets to West Bay Organics, L.C., for a total purchase price of $1,475,000. Thereafter, the bankruptcy trustee filed a motion requesting the court, in essence, to determine the value of the property for ad valorem purposes and to disallow the City's claim. This ordinance authorizes the City to accept $21,742.38 to fully compromise and settle all amounts owed by Fine Organics Corporation to the City of Baytown. We recommend approval. e. Consider Ordinance No. 990225 -8, authorizes the Mayor to execute a Quitclaim Deed conveying Lot 1, Block 10, Lakewood Subdivision, Section B, to Elizabeth Helen Armstrong Wade, Lucretia Annette Armstrong Gregory, and Christie Colleen Armstrong. In 1989 the City filed an ad valorem tax suit against (i) Lot 7, Block L, Wooster B & I and (ii) Lot 1, Block 10, Lakewood Section 1 (which is the above - referenced lot) against Linda J. Wilson. The lawsuit was amended to include the correct owner, W. 990225 -10 Minutes of the Regular Session — February 25,1999 D. Armstrong, and a judgment was taken May 17, 1990, against Mr. Armstrong on both lots. An order of sale was eventually issued on both lots, even though the taxes on Lot 1, Block 10, Lakewood Section 1 were paid in full on April 22, 1993, before the foreclosure sale. Mr. Armstrong is deceased and this Quitclaim Deed is necessary in order to convey Lot 1, Block 10, Lakewood Section 1 to his heirs, being Elizabeth Helen Armstrong Wade, Lucretia Annette Armstrong Gregory, and Christie Colleen Armstrong. We recommend approval. f. Proposed Ordinance No. 990225 -9, awards the annual Police and Animal Control Uniform contract to Tyler Uniform in the amount of $31,193.98. Invitations to bid were mailed to four suppliers and we received two bids and one no -bid. We recommend approval. g. Proposed Ordinance No. 990225 -10, awards the annual mosquito control chemical contract for Item #1 and #2 to Van Waters & Rogers, Inc. in the amount of $9,016.70, and Item #3 and #4 to Public Health Equipment & Supply in the amount of $12,623, for a total of $21,639.70. Invitations to bid were mailed to four suppliers and we received three bids. We recommend approval. h. Proposed Ordinance No. 990225 -11, awards the annual forty -yard roll -off containers contract to Waste Management in the amount of $86,800. Invitations to bid were mailed to four suppliers and we received four bids. This contract is used to deliver, furnish, haul, and dispose of the contents of forty -yard roll -off containers. These containers shall be used at the drop -off center for collection of junk, heavy trash, and building materials. We recommend approval. i. Proposed Ordinance No. 990225 -12, awards the annual concrete work contract to Bluebonnet Stroder Company in the amount of One Hundred Sixty -Five Thousand Four Hundred Ninety and no /100 Dollars ($165,490.00). We recommend approval. 990225 -11 Minutes of the Regular Session — February 25, 1999 Council Member Escontrias moved to adopt the consent agenda items 'a through 'T" Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Almendarez, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None For bid tabulations, see Attachment "A" through "C." RESOLUTION NO. 1384 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO APPLY FOR A GRANT WITH THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM; AUTHORIZING THE CITY MANAGER TO APPOINT A JUVENILE CRIME ENFORCEMENT COALITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8522 AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH RELIANCE CONSTRUCTION, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE WYNNEWOOD AND RAINTREE SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -FIVE THOUSAND FOUR HUNDRED THIRTY -NINE AND 361100 DOLLARS ($45,439.36) TO RELIANCE CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8523 AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO. 6 WITH HORIZON CONSTRUCTORS, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE ANIMAL CONTROL AND ADOPTION CENTER; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -SEVEN THOUSAND TWO HUNDRED NINETY -TWO AND 101100 DOLLARS ($47,292.10) TO HORIZON CONSTRUCTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990225 -12 Minutes of the Regular Session — February 25, 1999 ORDINANCE NO. 8524 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO EXECUTE AN AGREED ORDER SETTLING CASE NO. 97- 50165 -H4 -7; IN RE: FINE ORGANICS, INC., DEBTOR, IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8525 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING LOT 1, BLOCK 10, LAKEWOOD SUBDIVISION, SECTION B, TO ELIZABETH HELEN ARMSTRONG WADE, LUCRETIA ANNETTE ARMSTRONG GREGORY, AND CHRISTIE COLLEEN ARMSTRONG; DIRECTING THE CITY CLERK TO FILE SAID QUITCLAIM DEED WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8526 AN ORDINANCE ACCEPTING THE BID OF TYLER UNIFORM FOR THE ANNUAL POLICE AND ANIMAL CONTROL UNIFORM CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -ONE THOUSAND ONE HUNDRED NINETY -THREE AND 981100 DOLLARS ($31,193.98); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8527 AN ORDINANCE ACCEPTING THE BID OF VAN WATERS & ROGERS, INC., AND PUBLIC HEALTH EQUIPMENT & SUPPLY CO., INC., FOR THE ANNUAL MOSQUITO CONTROL CHEMICALS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -ONE THOUSAND SIX HUNDRED THIRTY -NINE AND 701100 DOLLARS ($21,639.70); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 990225 -13 Minutes of the Regular Session — February 25, 1999 ORDINANCE NO. 8528 AN ORDINANCE ACCEPTING THE BID OF WASTE MANAGEMENT FOR THE ANNUAL FORTY -YARD ROLL -OFF CONTAINERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY -SIX THOUSAND EIGHT HUNDRED AND NO1100 DOLLARS ($86,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 8529 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH BLUEBONNET STRODER COMPANY FOR THE ANNUAL CONCRETE WORK CONTRACT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED SIXTY -FIVE THOUSAND FOUR HUNDRED NINETY AND NO /100 DOLLARS ($165,490.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointment to Growth Management & Development Advisory Committee Council Member Sheley moved to appoint Carmen Torres to the committee. Council Member Almendarez seconded the motion. The vote follows: Ayes: Council Members Almendarez, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None Consider Appointments to Juvenile Crime Enforcement Coalition (JCEC) The Juvenile Accountability Incentive Block Grant Program requires the appointment of a Juvenile Crime Enforcement Coalition. This group is charged with creating a Coordinated Enforcement Plan for reducing juvenile crime. Council Member Almendarez moved to confirm the City Manager's recommended appointments. Council Member Escontrias seconded the motion. Minutes of the Regular Session — February 25, 1999 Police Bailiff Constable Prosecutor Local Probation Juvenile Court Schools Business Non - Profit The vote follows: 990225 -14 Randy Rhodes Rodney Evans The Constable or his designee Julie Escalante, City Prosecutor Sherry Burton, Harris Co. Juvenile Probation Lynda Kilgore, Municipal Court Lisa Keyes Vaughn, GCCISD Truancy Mona Lisa Scott, Mall Security Manager Amando Sauceda, Captain of Mall Security Mike Wilson, Communities in Schools Ayes: Council Members Almendarez, Escontrias Hinds, Godwin, and Sheley Mayor Alfaro Nays: None City Manager's Report Petition Regarding Truck Traffic The petition was filed with the city clerk on February 19, 1999. The administration is working on revisions to Chapter 94 Traffic Vehicles of the Code of Ordinances of the City of Baytown. These revisions do address many of the issues in the petition such as truck routes and overnight parking. The Police Department has officers trained in the TxDOT program. They are currently unable to work on safety standards because of personnel constraints, but in early April there will be adequate staff to begin pursuing the program. The proposed revisions are being reviewed by staff for presentation to the Growth Management Development Advisory Commission in March to present to Council in April. Baytown 2020 Comprehensive Plan The public forum will be on March 15, 1999, at the Civic Center. The Plan Process will be a twelve -month process. Landscaping Ordinance The landscaping ordinance was passed in July of 1998. We are considering the possibility of removing the grandfather clause. Legal council considers that "a taking" and advises not to pursue at this time. Minutes of the Regular Session — February 25, 1999 Adjourn 994225 -15 As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk 990225rgr a TITLE: ' 13ID #: � DATE: e� Q CITY OF BAYTOWN BID TABULATION ANNUAL POLICE AND ANIMAL CONTROL UNIFORM CONTRACT 032 -99 JANUARY 19, 1999 2:00 P.M. NO. QTY. UNIT DESCRIPTION SKAGGS PUBLIC &SAFETY UNIFORAIS Tl'LER UNIFORAt COA1PANl', INC. UNIT PRICE EaT. PRICE UNIT PRICE E \T I. POLICE DEPARTMENT 1 145 each Shirts, Long Sleeve 32.99 4,783.55 29.59 2 210 each Shirts, Short Sleeve 30.99 6,507.90 27.89 3 300 each Pants 33.99 10,197.00 30.68 4 20 each Jackets 120.00 2,400.00 119.98 5 15 each Caps 28.49 427.35 28.90 6 15 each Reversible Windbreakers 117.49 1,762.35 117.25 7 60 each Raincoats 92.99 5,579.40 96.49 SECTION I TOTAL: 31,657.55 II. ANIMAL CONTROL 8 16 each Shirts, Long Sleeve 32.99 527.84 29.33 9 16 each Shirts, Short Sleeve 30.99 495.84 29.1 l 10 16 each Pants 30.99 495.84 32.89 SECTION II TOTAL: 1,519.52 LAST YEAR'S BID: . PRICE UA'1T PRICE % inc. /dec. T}'LER compared U��7FOR1f ro lasl}•ear. 4,290.55 29.36 I 5,856.90 27.58 1 9,204.00 30.94 -1 2,399.60 13 -l.9S -11 433.50 27.90 d% 1,758.75 11.1.25 3% 5,789.40 96.53 0% 29,732.70 469.28 29.11 1 465.76 27.33 7% 526.24 31.91 3 % 1,461.28 GRAND TOTALS:I 33,177.07 I 31,193.98 LOCATION: HOUSTON, TX TYLER, TEXAS DELIVERY: 30 DAYS ARO 30 DAYS ARO Mailed four bids and received two bids. Adams &Industries did not have approved equals that could meet specifications and submitted a no -bid. Last year's bid was with Tyler Uniforms for $13,319.63. The increase in awarded cost is due to additional new hires for the Police Department. slh/ 9 TABULATION ANNUAL POLICE ANIMAL CONTROL UNIFORM CONTRACT Page t of 2 2/ 1:31 PM LAST YEAR'S BID: NO. QTY. UNIT DESCRIPTION TYLER UNIFORM COMPANY UNIT PRICE EaT. PRICE I. POLICE DEPARTMENT 1 70 each Shirts, Long Sleeve 29.36 2,055.20 2 70 each Shirts, Short Sleeve 27.58 1,930.60 3 70 each Pants 30.94 2, l 65.80 4 15 each Jackets 134.95 2,024.25 5 10 each Caps 27.90 279.00 Sa 10 each Caps -- adjustable 28.90 289.00 6 15 each Reversible Windbreakers 114.25 1,713.75 7 15 each Raincoats 96.53 1,447.95 SECTION I TOTAL: 1 1,905.55 II. ANIMAL CONTROL 8 l d each S11irts, Long Sleeve 29.11 465.76 �9 16 each Shirts, Short Sleeve 27.33 437.28 ] 0 16 each Pants 31.94 511.04 SECTION II TOTAL: 1,414.08 GRAND TOTALS: 13,319.63 This year's contract is a 134% increase compared to last year's contract due to increased quantities. Increased quantities are due to the number of ne�v hires. Adjustable caps ha��c been dcictcd from this rears contract per dcpartmcnt's request. slh/ 9 TABULATION ANNUAL POLICE ANIMAL CONTROL UNIFORM CONTRACT Page 2 of 2 2J 1:31 PM as sr o� Q CITY OF BAYTOWN BID TABULATION TITLE: ANNUAL MOSQUITO CONTROL CONTRACT BID #: 029 -99 DATE: FEBRUARY 9, 1999 2:00 P.M. CDMPARISON OF LAST YEAR'S BID: GKUUY 1-l�U 1t�AL #1 d% 1'il: GROUP II -ITEMS #3 & #4: 9,265.30 I,U89A0 Y,U10. /U Y.16�.J0 -J "/a Item # I & 192 3 16 gallon Pyrethroid with Synergist B & G CHEMICALS &EQUIP. PUBLIC HEALTH 8: EQUIPME VAN WATERS & ROGERS, INC. NO. QTY. UN[T DESCRIPTION UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE UNIT PRICE Ea'T. PRICE U1�7T PRICE �lT. PRICE %increase/ GROUP I -Items #1 & #Z: decrease 1 b drum Malathion 1,434.95 8,609.70 0.00 no -bid 1,401.95 8,411.70 1,�13�1.93 8.609.70 -1% sly 19 TABULATION ANNUAL MOSQUITO CONTROL CONTRACT Page 1 of 1 Permethrin/20 %Buttoned. Fyfanon ULV Cheminova Fyfanon 20 gallon Pyrethroid with Synergist 0.00 no -bid 307.95 6,159.00 405.00 8,100.00 285.00 3,700.00 8% B R G Chemicals 2 4 drum Carrying Oil for Pyrethroid Mix 163.90 655.60 272.25 1,089.00 151.25 605.00 16j.90 6.15.60 -8% Butoxide) Dcatcr 50 -50 BVA Spray 13 Quality Unlimited Products Sun Oil Sunpar 107 Parr li'a/ers &Rogers GKUUY 1-l�U 1t�AL #1 d% 1'il: GROUP II -ITEMS #3 & #4: 9,265.30 I,U89A0 Y,U10. /U Y.16�.J0 -J "/a Item # I & 192 3 16 gallon Pyrethroid with Synergist 0.00 no -bid 404.00 6,464.00 163.62 2,617.92 307.35 �, 917.60 J 1 l0 DAYS ARO 10 DAYS ARO (31 % Petmethrin/66% Pcperonyl Biomist 31/66 Agrevo Aqua- Reslin B R G Chemicals RECOMMENDED TOTAL AWARD: $ 21,639.70 compared to fast years contract. 19,882.90 Butoxide) Mailed 4 bids and received 3 bids. Does not meet specs. Bid 20% Quantities remained the same this year as last year. sly 19 TABULATION ANNUAL MOSQUITO CONTROL CONTRACT Page 1 of 1 Permethrin/20 %Buttoned. 2/ 1:31 PM 4 20 gallon Pyrethroid with Synergist 0.00 no -bid 307.95 6,159.00 405.00 8,100.00 285.00 3,700.00 8% (30% Permethrin/30% Pcperonyl Biomist 30130 Donide Mosquito Pr,blic Health Egrripmertr Butoxide) Dcatcr 50 -50 GROUP II TOTAL #3 dtc #4: 0.00 1Z,6Z3.UU 10,717.92 10,617.60 19% SUPPLY POINT: 1- iOUSTON, TEXAS SAN ANTONIO, TEXAS HOUSTON, TEXAS DELIVERY: 10 DAYS ARO l0 DAYS ARO 10 DAYS ARO Last Years Contract a +vardcd amount: 990 award increase this year RECOMMENDED TOTAL AWARD: $ 21,639.70 compared to fast years contract. 19,882.90 Mailed 4 bids and received 3 bids. Quantities remained the same this year as last year. sly 19 TABULATION ANNUAL MOSQUITO CONTROL CONTRACT Page 1 of 1 2/ 1:31 PM CITY OF BAYTOWN BID TABULATION TITLE: ANNUAL FORTY -YARD ROLL -OFF CONTAINERS SERVICES CONTRACT BID #: 028 -99 DATE: FEBRUARY 9,1999 2:00 P.M. NO. QTY. UNIT DESCRIPTION WASTE MANAGEMENT OPI REPUBLIC 1VASTE SERVICES I�OTCEIl:ISS DISPOSAL UNIT PRICE EXT. PR[CE UNIT PRICE EXT. PRICE UN[T PRICE EXT. PRICE UNIT PRICE EaT. PR[CE 1 10 cach Delivery fee per 40 yard container 0.00 0.00 0.00 0.00 50.00 500.00 85.00 850.00 2 60 each Monthly rental per container 35.00 2,100.00 0.00 0.00 0.00 0.00 75.00 4,500.00 3 350 cach Transportation &disposal per haul 242.00 84,700.00 290.00 101,500.00 262.00 91,700.00 308.00 107,800.00 GRAND TOTALS: � 8G,8OO.00 101,500.00 SUPPLY POINT: DELIVERY: Mailed 4 bids and received 4 bids. LAST YEAR'S BID: ` HOUSTON, TEXAS }IOUSTON, TEXAS AS REQUESTED AS REQUESTED NO. QTY. UNIT DESCRIPTION 8FI UNIT PRICE E,tT. PRICE 4 each Delivery jee per 40 yard container 0.00 0.00 2 48 each Monthly rental per container 0.00 0.00 3 96 each Transportation & disposa! per haul 290.00 27,840.00 92,200.00 113, l 50.00 HOUSTON, TEXAS BAYT011'N, TL•XAS AS REQUESTED AS REQUESTED Increased cost this year compared to last year's contract is due to additions! Saturdays being added to the 'junk" drop -off operation and plans for operating on Tuesdays and Wednesdays at the old dog pound location. slh/ �9 TABULATION ANNUAL FORTY -YARD ROLL -OFF CONTAINERS CONTRACT Page 1 of 1 2/ .. 1:32 PM