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HomeMy WebLinkAbout1985-04-17 Public Hearing and Regular MeetingI CJ MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTS CITY COUNCIL APRIL 17, 1985 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of Citv Council Present: Mayor Norman Malone, Councilmembers Delbert Walker, John Lloyd, Ed Matuszak, Betty Waters, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton and Linda Westergren Members of Citv Council Absent: None Members of City_Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of Public Works Jerry Hodge, Assistant Director of Public Works Steve Gillett, Chief Building Official David Paulissen, Police • Chief Herb Freeman, Director of Parks and Recreation Stan Sherwood, Director of Community Development John Joerns, Assistant Fire Chief John Dunham, Administrative Assistant Doug de la Morena Others Present: Virginia Cline, Paula Bridges, Doug Latimer, Richard Hare, Pam Smith of the Bayshore Sun, 14 citizens 2. The invocation was given by Mayor Malone. 3. Special presentations were given to~former Mayor Virginia Cline and former Councilperson Paula Bridges. A plaque an a resolution of commendation were presented to each of them. 4. The Mayor proclaimed National Building Safety Week. Chief Building Official David Paulissen accepted the proclamation. Under the emergency addendum, the Mayor read Resolution 85-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS, OPPOSING THE PROPOSED MOBILE HOME LEGISLATION BY THE TEXAS LEGISLATURE Motion was made ~ Council ep rson G~ to adopt Resolution 85-6 as read. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. I .7 Minutes, Public Hearing and Regular Meeting La Porte City Council April 17 ,' 1985, Page 2 Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None The City Manager introduced Richard Hare, who will become Assistant City Manager for La Porte on May 1, and welcomed him to La Porte. 5. The Public Hearing on a Dangerous Building was called to order. Building Inspector Mark Lewis reviewed the dangerous building, located in block 330, lots 1-14, La Porte. The Mayor called for anyone wishing to speak in favor of declaring the building dangerous. C, C Councilpersons Gay and Lloyd spoke in favor of demolishing the building. The Mayor called for anyone wishing to speak in opposition to declaring the building dangerous. No one came forward. The Mayor declared the public hearing closed. 6. Council considered approving the mi~,u.tes of the Special Called Meeting held April 10, 1985. Motion was made by Councilperson Skelton to aPerove the minutes as presented. Second by Councilperson Waters. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Pfeiffer, Gay, Nays: None Abstain: Councilpers 10 meeting) 7. Doug Latimer, Chairman presented an update on Walker, Lloyd, Matuszak, Waters, Skelton and Mayor Malone on Westergren (was not present at April of the Planning and Zoning Commission, the Comprehensive Plan. r~ U • Minutes, Public Hearing La Porte City Council April 17 ,' 1985, Page 3 and Regular Meeting • 8. Council considered an ordinance on a dangerous building. The City Attorney read: ORDINANCE 1439 - AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS 1-14, BLOCK 330, LA PORTS TRACT, TOWN OF I.A PORTS, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT J. L. BOARD C/0 COLIDA B. GRAY IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTS IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN~MEETINGS LAW. Motion was made by Councilperson Gay to adopt Ordinance 1439 as read by the City Attorney. Second by Councilperson Westergren. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None ~- 9. Council considered approving change~„to the Employee Health Care Program. Motion was made by Councilperson Westergren to approve Exhibit B of the proposed plan. (A copy is attached to these minutes.) Second by Councilperson Lloyd. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: Councilperson Gay • 10. Council considered a budget transfer for maintenance of esplanades in Fairmont Park. Mr. Jimmie Ray Spradling addressed Council briefly in support of this item. v ~ • • • Minutes, Public Hearing and Regular Meeting La Porte City Council April 17; 1985, Page 4 Motion was made by Councilperson Westergren to approve a budget transfer in the amount of $18'8,6 87 for the maintenance of Fairmont Park esplanades. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. (Councilperson Gay was away from the Council table.) Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton, Westergren and Mayor Malone Nays: None 11. Council considered declaring an emergency and appropriating funds for repair and replacement of a garbage truck. Assistant Director of Public Works detailed the circumstances for Council. Motion was made by Councilperson Skelton to accept Staf 's • recommendation to declare an emergency and appropriate funds from the Motor Pool Contingency for repair and replacement of a 1984 residential~arbage truck. Second by Councilperson Matuszak. The motion carried, g ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None - 13. The Mayor requested that_.item 13 be,a,ddressed before item 12. Council considered an ordinance changing day for Council meetings. Motion was made by Councilperson Wester ren to hold re ular council meetings on the second and fourth Monday and-hold workshop meetings on the third Monday, as needed,_be~inning the second Monday in May. Second by Councilperson Walker. The motion carried, g ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None • • Minutes, Public Hearin and Re ular Meetin La Porte City Council g g g April 17, 1985, Page 5 12. Item 12 was then addressed: Council considered appointing a Mayor Pro Tem. Councilperson Gay nominated B. Don Skelton to be Mavor Pro Tem for the coming year. Councilperson Lloyd nominated Ed Matuszak to be Mavor Pro Tem Motion was made ~ Councilperson Walker that the nominations cease. Second by Councilperson Westergren. Councilperson Matuszak was elected Mayor Pro Tem by a vote of 5 to 4 by a show of hands. 14. Council considered setting a date for public hearing to hear the request of Glenn Tolar to rezone block 10, lots 165-166, Spenwick Place, from residential to commercial to accommodate development of a day care center. • Motion was made by Councilperson Skelton to set the date for public hearing on Ma~1~, at 6:00 P.M. Second by Councilperson Westergren. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd,-Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 15. John Joerns presented an_.update on ~h,e proposed Highway 225 improvements. 16. Council discussed, under a workshop item,-the recommendation of the capital improvement committee. City Manager Owen apprised Council of certain items recommended by the improvement committee that have project deadlines that must be met in order to be in compliance with EPA regulations and those that need to be met in order to be started before the overpass at Highway 146 and Fairmont Parkway is begun. Each item recommended by the capital improvement committee was discussed in detail by Council. Recommendations as to how to group the items were made. Three items were recommended for removal: the Sylvan Beach project, training facility for the fire department and land for that facility. • • Minutes, Public Hearing and Regular Meeting La Porte City Council April 17, 1985, Page 6 • • ~J 17. Administrative Reports: Mr. Owen requested an executive session on legal matters (contracts on airport.) 18. Council Action: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Skelton and Westergren brought items to Council's attention. Mayor Malone announced there would be a special workshop meeting for April 22 at 6:00 P.M. 19. Council adjourned into executive session at 9:57 P.M. and returned to the Council table at 10:23 P.M. 20. There being no further business to come before the Council, the meeting was duly adjourned at 10:23 P.M. Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 13th day of May, 1985 Orman Malone Mayor _ ,. • ~ • o ~~e of the MAYOR s . ~~ ~~+O~~P~ ~~.~~ CITY OF ~,:., :! LA POR S ~.p ., ~~ ti / ' •... y~f~OUNS~ 1 ~p~*: Gavennan Manfz Glh~.~e, ~,n co n1unc~.ion w.i~h the mode.2 Cade gnoup~ ob the S~a~e, hays dec.~aned .the weeFz ab Apn~..2 14 ~hnough 20, 1985, a~ Na~~,ana.~ 8u~..~d~,ng Sabe~y Gieefz; and UIHEREAS, the ~sabe~y ob our bu~..~d~,ng~ ~i,~ ab pn~.me concern ~o the c~..t~.zen~s ab La Pane; and UIHEREAS, the pub.~~.c need ban pnaZec~.an beam d~.~aa~en due ~a b~.ne, ~s~nuc~tuna.2 ca.~.~ap~se and genena.~ de~en.Lona~~,an unden- ~scone~s the need ban modenn cade~ and ~he,~n adm.Ln~,d~na~~.an; and GIHI=RYAS, the negu.~a~~.an a~ bu~..~d~.ng cade~ can be ~naced ~hnaugh necanded h~,~~any bon oven 4000 yeana; and WHEREAS, modenn . bu~..~d.ing codes a.~.2aw b.~ex~.b~..2~.~y ob de~s~.gn ~a anch~.~ec~~, eng~.neen~, and can~nac~on~ ~a ~ha~ they may ~aFze advantage ab the .~a~e~~ ~echna.~og~,ca~. advance~5 a.ccammada~ed ~,n ~he~e codes w-L~h ne~u2~an~ ~,av~,ng~5 ~a the cu~~omen; NOW, THEREFORE, I, NORMAN MALONE, MAYOR ab the C~,~y ab La Pane, do hereby pnac.2a~.m the pen~,ad bnom Apn~,.2 14, 1985, ~a Apn~.~. 20, 1985, ass NATIONAL BUILIJING SAFETY WEEK ~.n La Pone, and urge a2.~ c~.~~,zen~s ~0 1a.i..n w~.~h ups and the Gavennon ab the S~a~e ab Texans, ~o use ~h~.~s ~~.me ~o .~eann about bu~,.2d.ing codes and haw they he.2p maize aun bu~,~.d~.ng env~.nonmen~~s ~sabe and hea.~~hy ban a.~.2 wha use them. IN WITNESS WHEREOF, I have heneun~a ~se~ my hand and caused the Sea.2 ab the C~,~y ~o be abb~.xed hene~a, ~h~.~s the 1I5h day ob Apn.i2, 19 8 5 . onman a are, cyan • • RESOLUTION NO. 85-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, OPPOSING THE PROPOSED MOBILE HOME LEGISLATION BY THE TEXAS LEGIS- LATURE. WHEREAS, the citizens of the City of La Porte, Texas, a home rule city, chartered pursuant to the Constitution and laws of the State of Texas, have availed themselves of the right of local self government; and WHEREAS, the City Council of the City of La Porte, Texas, has determined that it is in the best interest of the citizens for their general health, safety, welfare, and protection of property values to restrict the location of mobile homes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Porte, Texas: RESOLVED, that the proposed mobile home legislation is not in the best interest of the citizens of Texas because of the threat it poses to the doctrine of local self determination; and BE IT FURTHER RESOLVED, that we oppose any legislation which in any way would abolish or limit the power of any city in the State of Texas, to restrict the location of mobile homes or enact any other restriction they deem necessary; and BE IT FURTHER RESOLVED, that the Legislature of the State of Texas be asked to oppose and defeat any such legislation including but not limited to S.B. 621. DULY RESOLVED this 17th day of April, 1985. Norman Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney • • CITY OF LA PORTS DANGEROUS BUILDING INSPECTION FORM DATE May 5, 1984 STREET ADDRESS 606 N. 4th OWNER J . L . Board %Colida B. Gray OCCUPANT None ADDRESS7422 Homestead Rd. - Houston, Tx 77028- 3014 AGENT SURVEY OR SUBDIVISIOII LP ZONING R FACILITIES AVAILABLE: WATER R ELECTRICAL POWER X NUMBER OF DWELLING UNITS 1 BLOCK 330 LOT 1-14 TYPE OCCUPANCY SANITARY SE~~TER X GAS R VACANT X OCCUPIED AS REQUIRED IN CITY OF LA PORTS ORDINANCE #1145, SECTION 8-118, THE. BOARD OF INSPECTION I•IADE AN INSPECTION OF THE AFOREMENTIONED PROP- ERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR-OPINIOiQ, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTS ORDINANCE #1145, SECTION 8-117). (1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER X REPAIR OR ANY OTHER CAUSE, TT IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE HAZARD; OR (2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY COL- X LAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR (3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY g MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTURE; OR (4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE g OR INJURY TO THE HEALTH OF THE OCCUPANTS OF IT OR NEIGH- BORING STRUCTURES. (SEE INSPECTION CHECKLIST ON REVERSE SIDE WHICH IS A PART OF THIS REPORT.) FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: 1) It is the unanimous opinion of this Inspection Board, after using itv of La Porte Ordinace X61060 (Standard Housing Code, 1976 Edition) as its guide in making the inspection, that this building is in fact dangerous, not repairable, and should be demolished. This building does not provide the basic minimum housing standards deemed essential for safe and healthful living for a residential occupancy and is a threat to Public safety, health, and General welfare of the Citizens of La Porte. INSP ORS• ~ /~ ~ ~ / ~ , ~~ • • CIIECK LIST - v ~ '~ ~ ~ ,~ b f~i •.-r cd Q m a ,~ o z a~ A b o o~ ~~ ,d ~ o m z H REMARKS LA PORTS ORDINANCIr # 1191 (STANDARD HOUSING CODE, 1979 EDITION) 1. Means of Egress x 2. Room Sizes 3. Privacy of Bath x 4. Privacy of Bedrooms x 5. Free of Infestations _ ~ 6. Garbage Storage x _ 7. Ceilinq Eieights - 8. Windo~~ Clearances 9. Window Area 10. Windoca Openable Areas x _ 11. Window Sash x 12. Screens x 13. Window Frames ~~ _ 14. Foundation x _ 15. Piers 16. Floor Framing x _ 17. Flooring x 18. Exterior Walls x 19. Columns 20. Exterior Steps 21. Exterior Stairs 1 22. Roofing 23. Roofing Flashing 24. Roof Rafters 25. Sheathing x 26. Exterior Doors 27. Interior Doors 28. Partitions 29. Interior Stairs _ N/A 30. Ceiling Joists x 31. Hardware x 32. Mechanical Ventila- tion ~__ x 33. Electric Lights x 34. Electric Switches x 35. Electric Gtitlets x 36. Electric Panel x 37. Heating Equipment x 38. Sink x 39. Lavatory x 40. t9ater Closet x 41. Bath Tub 42. Plumbing Drainage 43. Iiot F•~ater 44. Cold Water 45. Water Eteater ~ -- 46. Grass yes 47. Trash yes 48. Appliances no 49. Furniture yes 50. Automobiles no 5].. Secondary Structure no CODE VIOLATION t~' • • ORDINANCE N0. 133 AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOTS ,L2~4, BLOCK 3.~O,LA PORTS TRACT, TOWN OF LA PORTS, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT J. L. Board ~ Colida B. Gray IS THE RECORD OWNER SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING;' ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE BOARD OF INSPECTION TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ,ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID PREMISES BY THE CITY OF LA PORTS IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Sections 8-115 through 8~ Ordinances of the City of La Porte, Inspection to be composed of the Building authorized representative, the Fire Chief representative, and the Fire Marshal representative; and -126 of the Code of creating a Board of Inspector or his duly or his duly authorized or his duly authorized WHEREAS, Section 8-118(a) of said Sections provide that, Whenever it shall come to the attention of the Board of Inspection or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a ~~ u Page 2. Ordinance 1439 • complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, within twenty-four (24) hours of the receipt of said complaint, make a thorough inspection of said alleged dangerous building; and WHEREAS, Section 8-118(c) provides that, after the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall immediately report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board of Inspection that the building located on Lots 1-14; Blk. 3.30, LA PORTE Tract, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a fire hazard, as defined in Section 8-117 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board of Inspection has heretofore made and filed its written report, dated May 5+ 1984, finding said building to be in fact a dangerous building; WHEREAS, City Council receive notice to the record owner of Colida B. Gray, whose address is Texas 77028-3014 that a hearing as Ordinance would be held at 604 ~ such report, and ordered said property, J. L. Board ~ 7422 Homestead Rd. Houston provided in Section 5 of said blest Fairmont Parkway, at the Council °Z' L_I Page 3. Ordinance X34 • Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner, by registered mail, return receipt requested, which return receipt indicates that said owner received said notice on March 28,, 198, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions ofthe Board of Inspection; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on January 7~ 1985 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. This Ordinance contains the findings and orders of the City Council of the City of La Porte, and its conclusions, based upon the evidence presented at said hearing. ~3 • Page 4. Ordinance .1~ • Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board of Inspection, in full, and incorporates such by reference herein as fully as though set out herein. Section ~. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that J. ~a Board ~ Colida B. Gray, who resides at ~~ I~me~te~~d. Houston, Texas 27028_014, is the record owner of the property on which this building is situated, and as such record owner, the said J. L. Board % Colida B. GraX has been duly and legally notified of these proceedings. section 5. The City Council hereby orders the said J. ~.~~ard %_Colida B. Gray to entirely remove or tear down such building, and further orders the said J. L. Board ~ Colida B. Gr~.y to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal or demolition of such building within a reasonable time. ec~on 6. The City Council hereby orders the Board of Inspection of the City of La Porte to cause a notice of the dangerous, insanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or shall not be removed or defaced by any person, under penalty of law. Sec~on 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the ~~ • • Page 5. Ordinance X43.4 record owner of said property, the said J. L1 Board Colida B. Grav, by registered mail, return receipt requested. Section 8. Should the said ~J. L. Board ~ Colida B. Grav not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after service hereof, then the Board of Inspection of the City of La Porte shall enter upon said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said ~. ~. Board ~ Colida ~. Gray record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board of Inspection shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made a lien thereon. Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statuses Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • Page 6. Ordinance ,43.4 ction 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ~ day of April 1985. CITY OF LA PORTE By Mayor ATTEST: City Secretary APPROVED: City Attorney :~ 6 EMPLOYEE BENEFITS REVIEW AND ANALYSIS FOR THE CITY OF LA PORTE D Prepared By: Fred. S. James & Company 350 Glenborough, Suite 100 ' Houston, Texas 77067 Phone: (713) 444-7509 • N .~~ eE~~ ~ • • ' SUMMARY FOR EXECUTIVE REVIEW t This analysis of The City of La Porte Employee Medical Plan is made with the overriding priority in mind that coverage for employees and their dependents remain available at no cost to them. Containing plan costs ' therefore can be achieved through changes in benefit levels and through more efficient claim filing practices. ' The following recommendations have resulted from this study. 1. Modify the medical plan's benefits to effect a more prudent sharing of the cost between employee and the City, and to ' encourage the use of lower cost alternatives procedures. The current benefits provide excellent financial protection but ' have no emphasis on cost containment. By inserting specific incentives and disincentives, employees will be encouraged to seek the most cost effective care without sacrificing quality or physician selection (see Exhibit 6, C, & E). ' ' s Personnel 2. Shift the claim filing responsibility from the City Department to the employees. This is suggested to accomplish ' the following: - Relieve the City of an administrative burden; ' - remove the City from a precarious legal position with regard to the confidentiality of employee medical claims; - avoid an increase in the claims administration fee by reducing the number of claims submissions, i.e. claims currently being filed as incurred would be filed only after ' the deductible is met. (See Exhibit D). If implemented, these changes would preserve the non-contributory status now enjoyed by City employees and will allow the fund contributions to ' remain at 1984/85 levels through March 31, 1986. i~ r 1 ~~ eE~~ • • i EXHIBIT A 1984/85 Plan Year Analysis 10 Months Experience (April -January) Paid Claims $276,413. Projected Annualized Claims 331,695. Expenses (Annualized) Aggregate Stop Loss Premium 7,500. Individual Stop Loss Premium 13,624. Administration & Consulting (4.5% of annualized claims) 14,926. Miscellaneous (printing, accounting, 1,000. etc.) Projected Annualized Cash Flow 365,745. *Increase in Reserve Requirement 2,339. Total Contributions Needed for 84/85 368,084. Current Monthly Contribution Level $ 40,879. Annualized $490,548. Plan Loss Ratio 75% Anticipated Surplus for 84/85 $122,464. *Reserves for Incurred but Unreported Claims Estimated Reserve needed as of 3/31/85 - $66,339. Estimated Reserve needed as of 3/31/84 - $64,000. Increase in reserve $ 2,339. .~I'T1E.5 BEr1EF~5 i • • EXHIBIT B Recommended Medical Plan Changes Coverage Current Plan Proposed Plan Reduction o~CTa ms Benefits Levels: Deductible $100 *($200 family) $200 *($400 family) 7.5% Coinsurance Limit $2,000 $3,000 Individual Out-of- Pocket Limit $500 $800 3.0% Cost Containment Features• Outpatient Pre- Admission Testing 80% after deductible 100%, no deductible Outpatient Surgery 80% after deductible 100%, no deductible Mandatory focused 100% after deduct. 100% no deduct. Second Surgical 50% coverage of all Opinion** related expenses when no second opinion is rendered 24-hour Birthing Alternative Hospice Care 80% after deduct. Not covered 100% no deduct. 100% first 60 days, 80% thereafter Employee Hospital Review Incentive No incentive Employee receives 50% of corrected errors up to $250 per confinement 1.2% 1.2% 2.5% .24% Unknown .24% 15.9% *Currently stated as two deductibles per family, if family deductible is $400, then savings are reduced to 6.5%. **This focus will be placed on a stated list of procedures which, in some cases, are performed without medical justification (see Exhibit E). .~1'T1F5 BE~lEf~S • i EXHIBIT C 1985/86 Plan Year Projections Current Benefits Proposed Benefits Paid Claims (1984/85) $331,695. Trend for Inflation + 17% 388,083. *$326,378. Expenses Aggregate Stop Loss Premium $ 7,500. $ 7,500. Individual Stop Loss Premium $ 28,524. $ 28,524. Administration & Consulting $ 17,464. $ 14,678. Miscellaneous $ 1,000. $ 1,000. Cash Flow $442,571. $378,080. **Increase in Reserve Requirement $ 22,175. $ 9,277. Total Contribution Needed $464,746. $387,357. Contributions at Current Level $490,548. $490,548. Plan Loss Ratio 95% 79% Surplus for 85/86 $ 25,802. $103,191. *This total represents a 15.9% reduction in expected claims for plan design changes. (see Exhi bit B). **Reserves for Incurred but unreported claims. Current Proposed Benefits Benefits Estimated reserve needed as of 3/31/86 - 88,514 75,616 Estimated reserve needed as of 3/31/85 - $66,339 $66,339 $22,175 $ 9,277 ~IT1E5 BEr1E'f~5 • • EXHIBIT D Claims Submissions Overview 10 Months Experience (April - Jai Paid Claims No. of Paid Claims *Average Claim Payment National Average Claim James Benefits Clients Claims Payment wary) $276,413. 1,648. $167.72 Payment $250.00 Average $231.00 *The unusually low average claim payment results from: - Low deductible. - Overly frequent filings. Forty-nine percent (49%) of filings were for prescription drugs and doctors office visits, yet these accounted for only 10.5 of paid claims. ~IT1E5 BEr1Ef~S ~ • • ' EXHIBIT E COST CONTAINMENT FEATURES ' A. Mandatory Focused Second Surgical 0 ip'nion When surgery is unnecessary, patients are unwisely subjecting themselves to substantial physical risk and expense. A Mandatory ' Focused Second Surgical Opinion Program will assist the patient in determining when surgery is necessary and if it is necessary, whether it can be performed on an outpatient basis. ' Proposed Changes• ' James Benefits proposes that the City r~egui~re its employees and their l dependents to receive a second surgica opinion for those elective procedures listed below, and if the second opinion conflicts with the first opinion, provide an option for the employee or their dependent to receive a third o inion p . 1. Bunionectomy (removal of bunions) ' 2. Removal of Cataract 3. Cholecystectomy (removal of gall bladder) 4. Coronary bypass 5. Dilation and curretage ' 6. Hemorrhoidectomy (removal of hemorrhoids) 7. Hysterectomy (removal of uterus) ' 8. Inguinal herniorrhapy (repair of inguinal hernia) 9. Knee arthroscopy and surgery 10. Laminectomy (removal of part of vertebrae) 11. Ligation and stripping of varicose veins ' 12. Mastectomy and other breast surgery 13. Prostatectomy (removal of part or all of prostrate gland) 14. Submucosus resection (repair of deviated septum) 15. Temporomandibular Joint Surgery ' 16. Tonsillectomy and/or adenoidectomy (removal of tonsils and/or adenoids) ' Continuing the current practice, eligible expenses for the second and if necessary, the third opinion should be covered 100%. However, if employees or their dependents receive any surgery listed above without first receiving a second surgical opinion, it is recommended ' that all charges associated with the surgery be subject to the deductible and be paid at 50%; thereby requiring a 50% copayment of ' the patient. Also this 50% patient copayment should not contribute to out-of- ocket limits for thi l n p . s p a 1 ~ eE~~ • • Estimated Net Savings: ' James Benefits projects an estimated net savings of 2.5% of total paid claims. for 85/86 projected claims, this would result in a dollar savings of: ( 2.5% x 388 ,083 = $9 ,702. ) B. Hospice Care Alternative Unfortunately, a lingering, terminal illness can affect the young and ' old alike. When employers provide an appropriate hospice care alter- native to inpatient confinement for terminal illness, both the employees, his family and the City benefit greatly. Hospice care is for the terminally ill and medical attention is generally limited to relief from paid. In August 1982, the Congressional Budget Office estimated that hospices served 50,000 ' people - 10% of the potential users. On the average, all but 5% of hospice patients are suffering from terminal cancer. In December 1982 the Joint Commission on Accreditation of Hospitals estimated ' that there were 790 hospice programs either operational or under development across the United States. Numerous federal and private studies have documented that hospice ' care costs approximately 30%-50% less than inpatient hospital care of the terminally ill. In addition to the cost savings of hospice care other hospice goals include: 1. Helping patients and their families to live as fully and comfort- ably as they choose. ' 2. Maintaining dying patients at home as long as possible when de- sirable and feasible. ' 3. Supplement, not duplicate, existing health and social services. 4. Develop a bereavement program for the patient and surviving ' family. 5. Manage distressing physical and psychological symptoms of dying patients. i eE~~ • • Proposed Changes: James Benefits encourages the City to include a hospice care benefit as an alternative to inpatient hospital care for the terminally ill. This should be provided as an alternative to the initial hospital admission and as an alternative to continued hospital care if hospital confinement is initially required. The benefit should require no out-of-pocket copayment. In addition, the City should consider a limit for this financial incentive to be 60 days. (Note: In December 1982 a Washington, D.C. research group estimated the average length of hospice care to be 50 days.) Any hospice care exceeding 60 days should be paid at the usual 80% of eligible expenses. Estimated Net Savings: James Benefits is unable to estimate the percent of that the City could save with the hospice care above. This estimate is not available because national data indicating the incidence of hospice individuals per year. As such statistics become a Benefits underwriter can project net savings for benefits. total paid claims benefit proposed of insufficient care per 1,000 vailable, a James a hospice care C. 24 Hour Birthing Alternative Inhospital maternity care represented a significant portion of the health care service provided to the City's employees and their families. Current health care competition enables employees and their families to choose from at least two types of birthing alterna- ti ves . In addition to licensed free-standing birthing centers which provide maternity care that averages 12-18 hours length of stay, hospitals are competing with these birthing centers by offering 24-48 hour flat maternity programs. Many such programs also include a rebate to the patient when the length of stay does not exceed 24 hours (after delivery occurs). ' Proposed Changes: ' James Benefits suggests that the City provide a 24 hour birthing alternative to its employees and their covered spouses. This benefit should include both 24 hour maternity care that occurs in a hospital or in a licensed free-standing birthing center. As an incentive for ' this cost effective benefit, eligible expenses should be paid at 100% and these expenses should not be subject to the individual deductible. 1 ~~ eE~~ • Estimated Net Savings: James Benefits projects an estimated net savings of at least .24% of total paid claims. This results in a dollar savings of (.24% x 388,083 = $931.) D. Employee Hospital Bill Review Incentive It is not uncommon for hospital billing errors to occur. Unfortu- nately the dollar amount represented by a hospital billing error can be much greater than those occurring on routine grocery bills or automobile repair bills. n u ii Hospital billing errors cost both the City and the patient unnecees- sary expense. With the proper incentive, patients can be motivated to review their hospital bills and correct any identified errors. When patients review their hospital bill prior to discharge or imme- diately thereafter, there is a high likelihood that they will discover obvious hospital billing errors. Proposed Changes: James Benefits encourages the City to include an Employee Hospital Bill Review incentive to encourage employees to review their hospital bill and correct any identified errors. It is suggested that employees be reimbursed 50% of the corrected overcharged hospital billing amount up to a maximum of $250 per confinement. Estimated Net Savings: James Benefits projects an estimated net savings of 0.24% of total paid claims. This results in a dollar savings of (.24% x 388,083 = $931.) E. Pre-Admission Testing and Outpatient Surgery When in-patient surgery is required, a successful method of reducing the number of hospital days is to have the required diagnostic testing performed on an out-patient or re-admission basis. The plan should require that testing be complete wit in ive days of the con- finement to assure that it will be medically valid. Additionally, many surgeries can now be safely performed on an out- patient basis. The cost advantages of avoiding a hospital admission are obvious. .~1'T1ES BEI'lEfttS ~ n `-' Proposed Changes: James recommends that the City encourage the use of preadmission ~-' testing and outpatient surgery by providing a direct financial incen- tive for the employee. It is suggested that the Plan reimburse 100 ~' of eligible expenses. In addition, the expense should not be subject to the deductible. Estimated Net Savings: '~ `-' James Benefits projects an estimated net savings for each of these measures of at least 1.2~ of total paid claims. This results in a dollar savings of: v (2.4X x 388,083 = $9,314.) ~1' S BEr1Ef~5 • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM APRIL 4, 1985 TO: Jack Owen, City Manager FROM: Stan Sherwood, Director Parks & Recreation~• SUBJECT: Fairmont Esplanades As per your request, here is the cost estimate for maintenance of Fairmont esplanades for the fiscal year 1984-85. Account # 001-800-800-101 Two part time workers, working twenty (20) hours a ' week for two (2) months (May & October) at $4.25/hr. for forty (40) hours per week: $ 1,360.00 In the summer these two (2) part time workers would work forty (40) hours a week for four (4) months (June, July, August, September) at $4.25/hr. for eighty (80) hours per week: 5 440.00 Additional funds for overtime to compensate for unforeseen emergencies which may arise due to increased work load: Snn nn TOTAL: 7,300.00 Fica: 514.65 workmans Comp: 302.22 SUB TOTAL: $ 8,116.87 Equipment: 1 - 18 H. Tractor with Belly Mower 9,295.00 1 - Power Trimmer 775.00 1 - Lawnmower ~Sn nn $10,720.00 GRAND TOTAL: $18,836.87 /ms ~~ • CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 7, 1984 TO: Jack Owen, City Manager • FROM: Stan Sherwood, Director Parks & Recreation SUBJECT: Fairmont Park Homes Subdivision The following is a list of right-of-ways and medians mowed by the Fairmont Park Homes Association. At present they have one (1) full time person, two (2) tractors, several lawn mowers and edgers. To take over this job, the Parks Department would need one (1) additional man and one (1) medium size tractor. Entrance at Fairmont and Farrington plus both sides of roadway on Fairmont. Entrance at Farrington and Spencer plus both sides of roadway on Spencer and thirteen (13) medians on Farrington. Entrance on Valley Brook and Spencer both sides plus two (2) medians on Valley Brook. Entrance on Myrtle Creek and Spencer and two (2) medians. Entrance on Stonemount and Underwood. 16 hours on median - 1 small tractor 2 hours picking up trash 6 hours weed eater 6 hours edging 30 Total man hours TOTAL: 213,989 sq.ft. 4.9 acres Right-of-way on Old Hickory: 249,750 sq.ft. 5.73 acres 16 hours large bush hog 8 hours weed eater 4 hours edging 2 hours picking up trash 30 Total man hours 60 TOTAL MAN HOURS If there is any further information needed, please advise. SS/ms • airmont Park Homes Association, Inc. POST OFFICE BOX 1192 • LA PORT E. TEXAS 77371 February 3, 1985 City of La Porte P.O. Box 1115 La Porte, Texas 77571 Attention: Mr. Jack Owen City Manager Gentlemen: Since annexation by the City of La Porte, Fairmont Park Homes Association has maintained care and mowing of the vacant lots, entrances and esplanades in Fairmont Park at no expense to the City. As long as adequate funds were available the Homes Association was agreeable to this. With the fixed tax situation and higher operating costs each year the Homes Association is no longer able to operate the swimming pool, police deed restrictions, and mow and maintain the esplanades and entrances. Consequently, as of March 1, 1985, the Fairmont Park Homes Association will no longer be handling all these duties and requests that the City of La Porte assume the responsibility for mowing and maintaining the following esplanades and entrances in Fairmont Park: Farrington Boulevard Entrance at Stonemont Valley Brook Easement on east side of Myrtle Creek Old Hickory We will continue mowing vacant lots within our jurisdiction. We would expect these areas to be maintained in the same manner as those on Fairmont Parkway near City Hall. If you have any questions, or if we can give you any assistance, please give me a call. Very truly yours, FAIRMONT PARK HOMES ASSOCIATION - ~ ~ - Jimmie R. Spradling Vice President and Manager • ' • T0: CITY MANAGER FROM: DATE: . .. Jelvcy L. Had e App 10 1985 ...9 .. REQUEST FOR CITY COUNCIL AGENDA ITEM 2. ~ Report 1. Agenda Date Requested: A}~hc.e 17, 19&5 Resolution Ordinance 3. Project. Summary: Reque!s~ emergency bund~5 ~a ne~.2ace cam~ac~an body and ne~a.ilc. ca.b and cha~s~s.i~s on 1984 ne~~.derrt%a,2 garbage ~cucfz. 4. Action Required: ~ec,2ane an emergency and appnaryc,%a~e ~und~s ~otc. ne~a,vr. and nep.2a.cemev~t 5.. Alternative: Go ac.Lt ~yatr. b~.d fan nep.eacemev-~ any ~a.cfzeh. bady and ne~a.ilc ob ~Jtu.cf2. . 6. Recommendation Dec.P~cuce an emergency and apryca~tcicrte ~uncLs {yon ne~a,uc and ne}aea.cemev~t. A~ ~h-c%s ~%me a~ year., the va.~ume ab gatcbag e ~.nch.ea~5 ens ~~.gvr,%~~.can~y. Glcthau.t ~immed.ia to ne- }~.~a.cemev-,t a~ the ~acFzer, bady and hepaiJc o~ the ~trucFz, ~her.e ~ a chance ~ha~ garbage may nab be 1a~i.efzed up on ~. zdre ~chedc.,,eed dale. 7. Exhibits: Ca~s~ dada. w.%~. be ava,%2a.b.~e ~atr. A~n,%~ 17 Cauna%,e mee~%.ng. 8. Availability of Funds: General Fund Water/Wastewater Capital Improvmt. General Revenue Sharing ~_Other Genefcae Fund ~Can~%ngency Account Number: Funds Available: Yes No este~y 9. Approved for City Council Agenda City P~Ianager Date • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: FROM: SUBJECT: ack en Manager DATE: April 10, 1985 ,,?rector of Public Works ti~/G~rbage Truck On April 8, 1985, at 4:00 P.M., a 1984 residential garbage truck was involved in a one-vehicle accident. The truck was traveling on FM 1405 in Chambers County, returning from Hazelwood Landfill. The driver, who was by himself, lost control of the vehicle on a curve and overturned the truck. He was cut slightly on the hand. .. - The vehicle was towed to the Service Center and evaluated the following day by representatives of the chassis and body manufacturers. Although the actual cost to repair is not complete, the chassis appears to be repairable. The body, which was empty at the time of the accident, was severely distorted, and has been determined to be a total loss. Repair costs for the chassis, and replacement cost for the body will be completed by next Wednesday, in time for the Council meeting. If you should have any questions, please advise. JLH/lw _„ CITY OF LA PORTE TO: Jack Owen, City Manager INTER-OFFICE MEMORANDUP4 DATE: April 15, 1985 FROM: Ste lett, Public Works Assistant Director SUBJECT: Garbage Truck Repair On April 8, 1985, a residential garbage truck overturned on Spur 1405, returning from the landfill, sustaining extensive damage. The truck was inspected by the manufacturer's representatives of both the body and chassis the next day. The chassis sustained damage to the cab, various mechanical parts, and the drivetrain. The transmission case is cracked, and cannot be repaired. In addition, it is unknown if the frame is damaged. This will be checked by machine when repairs are begun. The body was severely distorted, and is not repairable. A quote was given by the body distributor for a new body, less a trade in on the old one. The quote was figured using a 1985 bid proposal to the City of La Porte, less the cost of the cab and chassis. In summary, the following cost estimates reflect the cost to repair the truck. Repair and inspect various mechanical components, including .engine Recore radiator, buy rebuilt transmission, including core change Straighten frame, if needed, and align front end Repair cab (Equipment Services Division) New body, including installation (Less trade-in on damaged body) TOTAL ESTIMATED COST OF REPAIR $ 1,508.87 2,966.44 1,017.50 1,761.45 28,711.00 (5,800.00) $ 30,165.26 -- • i Jack Owen, City Manager Garbage Truck Repair April 15, 1985 Page Two Some costs, such as frame straightening, could be less, or possibly eliminated, after closer inspection. In addition, possible hidden damage could increase the cost to repair certain items. I recommend that the City Council declare an emergency, and appropriate the necessary funds to make repairs, and purchase a new body, for this unit. If you should have any questions, please advise. SG/lw • ~~ 4 n MEMORANDUM CITY OF LA PORTS T0: Mayor Malone and Councilpersons FROM: Planning and Zoning Commission SUBJECT: Request of Glen Tolar to Rezone Block 10, Lots 165 and 166, Spenwick Place, from Residential to Commercial DATE: April 5, 1985 Mr. Glen Tolar met with the Planning and Zoning Commission in Public Hearing on April 4, 1985, and requested that a tract of land namely, Block 10, Lots 165 and 166, Spenwick Place, be rezoned from "Residential" to "Commercial" to accommodate the development of a daycare facility. The Planning and Zoning Commission respectfully requests that City Council set a date for a public hearing to consider Mr. Tolar's request. Respectfully submitted: Dou~ Luatimer Chairman g ~ Planning & Zoning Commission /llh attachments • ~• • NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hearing will be held at 7:00 P.M. on April 4, 1985, by the La Porte Planning and Zoning Commission to consider rezoning Block 10, Lots 165 and 166, Spenwick Place, from residential to commercial to accommodate the development of a daycare facility. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P. 0. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. CITY OF LA PORTS G Cherie Black City Secretary • .. • ••: BOX 423 SEER PARK, TEXAS 77536 ~ ~~ 713 / 479-9791 February 12, 1985 Ms. Black City Secretary La Porte, Texas Dear Ms. Black: I am requesting rezoning of Lots 165 and 166, Block 10 of SPENWICK PLACE, SECTION TLJO (2) from residential to commercial. The purpose of this rezoning is to allow a day care center to be constructed on this site. The lots are located two hundred (200) feet west of Underwood Road on Spencer Highway. Thank you for your cooperation. Sincerely yours, ~ -~~ C ~L Glenn Tolar ja Enclosures • (`• v 005-71-0586 V a3~ Prepared by the State Bar of Texas for use by lawyers only. Reviewed ~~~~ 1-1-76. Revised to include grantees address (art. 6626, RCS) 1-t-82. WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS ~' That I, DELBERT BROD, of t}ic County of Harr i s and State of Texas for and in consideration of the sum of TEN AND NO/100 ($10.00)---------------------------- ---------------------------------------------------------------DOLLARS and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of v<~hich is hereby acknowlcdaed, and the further consideration of the execution and delivery by J Grantee of his promissory note of even date herewith in the principal sum of $60,000.00, payable to the order of ALLIED DEER PARK BANK, at the office in Deer Park, Harris County, Texas, as therein specified, and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees, Ln ~ ~ ,< :~ ~~ 6 ~.s ~, ! ~) . b~ U ~ _ _ T ~~-11~ ~ r-, _ V ' ~ ~ ' ;r \:~1 '~ ~! .~ ~'- ~ ' J ~ .. the payment of ~~•hich note is sccurcd by the vendor's lien herein retained, and is additionally sccurcd by a decd of trust of even date hereH•ith to ri • ~ • uulil,nz - 1 rustcc, l have GRANTED, SOLD Al~'D CONVEYED, and by these pnscnts do GRANT. SELL AND CONVEX' unto J ;` GLENN TOLAR ~/ cif the County of Harris and State ~f Texas .all ~f the follow•in` described rral pn~pcrty in Harris County, Texas, tc~-~~•it: Lots 165 and 166, Block 10, of SPENWICK PLACE, SECTION TWO (2), an ad i in arris County, Texas, according to the map cr plat thereof .- recorded in Volume 48, Page 11, of the Map Records of Harris County, Texas. r1 ~ ~ -71-0586 ~t~-'~+~ 3~V Prepared by the State Bar of Tcxas for use by lawyers only. Reviewed oU~ I 1 J 1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-I-82. WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS ~~ That I, DELBERT BROD, of the County of Harris consideration of the sum of and State of Texas for and in TEN AND NO/100 ($10.00)---------------------------- ---------------------------------------------------------------DOLLARS and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and deliverx by Grantee of his promissory note of even date herewith in the principal sum of $60,000.00, payable to the order of ALLIED DEER PARK BANK, at the office in Deer Park, Harris County, Texas, as therein specified, and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees, v ~ c ~ >~ - ~ ~' ': r _~ r ^-~ V Y ``f~ to ' ~c 1 ~. .I \ Cam! ~ ~ ~~f i- c ~ =-~ ~1 . the payment of ~+•hich note is secured by the vendor's lien herein retained, and is additionall}' secured by a decd of trust of even date herewith to n. r.. LVLL~.1 , 1 rustcc, t have GRAI~'TED. SOLD AND CONVEYED, and by these presents du GRAi~'T, SELL Ai1'D CONVEX' unto 1/~, ; GLENN TOLAR '" of the County of Harris and State of Texas .all of the follrn~•ing described real property in Harris County, Tcxas, to-~~•it: Lots 165 and 166, Block 10, of SPENWICK PLACE, SECTION TWO (2), an addition in arras County, Texas, according to the map or plat thereof :. recorded in Volume 48, Page 11, of the Map Records of Harris County, Texas. • ~.: • 1 .o wO. , 0 I iJ~°. ;~ l.aP ~n ~g~' ~7--r° __ _~n s B Bmw.+. I ~-- " en ~ Vic,... 1 S i ~- q -~ ~1 -"'° ~^n+Co~ F, .. > ~ ~'~ ~ ~ C o ~T~~i ~ ~,,c~~F n~_•.r ~~" n •~. I ~ 1 I I n"' S'. § 1 ~ ' r ~w:~ tm N c Y x'°,,,n e °G~r - ~~H` ~ '`wR o :1 s ,~'..~.~_+~ ~ ~ ~ . 1 ' F 1 ~ 1 . ~ a ~ ~ ° f 3 °r.rr ..~o~o~t~ I ~~ - °'I! ~ ~ ~ J .~ i' .o ~ .-.R` ~ a' D ~' ,• w.~.. ~ ~ ~ i SMon ~T ~1 + `r` _ III s i 1• "~ ~ c t `44 _ / ~ I ~ay„n1~ ~ I ~~ _ '' 11 o i ~~~: s ' s ~ • ,: • ''`- CITY OF LA PORTS INTER-OFFICE MEMO T0: BOB SPEAE:E FROM: D ~LISSEN DATE: 2/25/85 SUBJECT: RE-ZOP]ING BLOCK 10, LOTS 165 & 166, SPENWICK PLACE The City has received and reviewed a request dated 2/12/85 for are-zoning from Mr. Glen Tolar on the above described property REQUEST Mr. Glen Tolar of the Glen Tolar Company has requested a re-zoning of Block 10, Lots 165 & 166, Spenwick Place. The request is to re-zone the tract from its temporary "R-1" residential zoning classification to "C" commercial to allow the construction of a day care center. This use is allowable in a "C" zone under the terms of the. Zoning Ordinance. ANALYSIS As you know, this property is in the newly annexed area of Spenwick. It still maintains its temporary "R-1" zoning classification due to the annexation and is recommended to be "R-1" single family in the proposed master plan. The property lies along the North side of West Main (Spencer Hwy.) about 200 feet West of Underwood Road. It is adjoined on the West side by an existing retail strip center that was built by Mr. Tolar just prior to annexation: It is adjoined on the East side by a small restaurant. This site is directly across West Main from the large Safeway shopping center and is surrounded on both sides by existing commercial, uses. The use is compatible with existing uses in the area. RECOMMENDATION This request is in keeping with the Planning and Zoning Commissions policy for the annexed area in that there is a specific use indicated on the request. The described use is compatible with the area and would not have a negative impact on the community. Based on these facts the staff would recommend the granting of is this request to re-zone the above described property from temporary "R-1" to "C" commercial to allow the construction of a day care. • •- • !""' • ~ REPORT OF THE CITIZEN'S ADVISORY COMMITTEE OF THE CITY OF LA PORTE, TEXAS TO CITY COUNCIL AND STAFF January 14, 1985 C~ - Z • !"'---- CONTENTS I. Introduction II. Recommendation III. Commentary IV. Attachments: Program Descriptions Debt Service Schedules Tax Rate Calculations - 2 - Page 3 Page 6 Page 9 Page 14 • •- • I. INTRODUCTION On behalf of the Citizen's Advisory Committee, I am pleased to have been given the opportunity tonight to present the final report of the Citizen's Advisory Committee, which you appointed September 12, 1984. This Committee's purpose was two-fold, one being to review the work done by the Comprehensive Plan Steering Committee, and the other being to advise a suitable bond issue to implement the first phase of the Plan. This 35+ member committee worked many weeks to educate themselves on the items contained in the Plan, to provide their ideas as to the worth of each individual item, and to determine each item's affordability. These people, whose names are listed below, are to be commended for both the amount of this volunteer effort, as well as the quality of the work they brought forward. A task of this nature is difficult, both for those who plan and dream, and those who fund and enjoy. All participants in this project are La Porte taxpayers who realized going into this task that there are truly "no free lunches," and that the ideas presented in the Turner, Collie & Braden issue of the Comprehensive Plan would not come cheap if fully implemented. The designation of the Plan by some as the "wish list" was evidence that not all items in the Plan would likely be passed in a bond issue. Care was taken throughout the whittling process to make sure that the final product would stand the test of affordability, and include the best possible mix of service- and esthetics- - 3 - ~3 • • !'~----~ oriented projects. It is the belief of the Committee that the recommendation given addresses all of those areas of concern,. The final arbiter of any issues raised by the Plan, as well as approver of any future course of action, is, of course, the citizenry. Thus, it is the further recommendation of the Citizen's Committee that the separate issues be put up for election essentially as presented. It is felt that should one issue fail to pass the election, other issues would not be unnecessarily penalized, as could be the case if the entire program were presented as a single issue. Finally, the Committee gratefully acknowledges the assistance and support of the City Staff in preparing these recommendations. Specifically, thanks are given to Laura Hall, Karen Goza, Tina Anger, Jack Owen, Bob Herrera, John Joerns, Bob Speake, Luther Maxey, Stan Sherwood, Debra Cole, Buddy Jacobs, Steve Gillett, John Dunham, Paul Hickenbottom, and Herb Freeman. For the Committee, Respectfully submitted, ~~ L J John R. Lloyd Chairman MEMBERS OF THE CITIZEN'S ADVISORY CObIMITTEE Gary Aldrich Martha Balusek James Bedford Edra Blackwell, Chair, sub-committee on Recreation & Open Space (continued) - 4 - • •- !" '--~'~ MEMBERS OF THE CITIZEN'S ADVISORY COMMITTEE (continued) Liz Brandt Barbara Brechtel Robert Glowers - D~~~ _- '~~-;~~,~-...`~ --_ ,--.,..~::.'>_..,:1 Evelyn Craig Mike Cox Stanley Davenport Wade Davis Lawrence Farias La Rue Grant Fred Hanzelka Dana Harris Robert Head, Chair, sub-committee on Finance Tim Hootman Hal Lawler Lou Lawler, Chair, sub-committee on Community Facilities John Liddell John Lloyd Darl Messenger Jerry Nutting, Chair, sub-committee on Utilities Norma Repman Terry Robbins Linda Speedy v Robert Swanagan - ,~ ~ 1. ;J '; ,~ ~ "'~'~°p ° l~ _~ David Turner Rosalie Weir Mike Westergren Andy Wilson, Chair, sub-committee on Thoroughfares and Stormwater Lonnie Wisdom Ronald Woolcock Zelda Wright Charlie Young - 5 - .,,~ :~. 5 •~ • ~- -'~ II. RECOMMENDATION The Committee urges Council to cause to have prepared six (6) separate bond issues covering the areas summarized below: 1. Utilities Projects: $8.2 million in Revenue Bonds, for expenditure within 12 months of passage, including: Water Supply & Distribution $ 104,000 Main Plant Plase I Expansion 3,614,000 Fairmont Parkway Interceptor 4,434,000 Water Tower and Lines 1,076,000 East La Porte/Bayshore Sewer Relief 1,380,000 Big Island Slough/Other Sewer Projects 1,455,000 Contingency 37,000 Sub-total _ $ 12,100,000 less: College View Bond Sale Proceeds < 3,400,000> Total $ 8,700,000 2. Thoroughfare and Stormwater Projects: $5.5 million in General Obligation Bonds, for expenditure within 12 months of passage, including: Project F101-00-00, Channel Diversions from northwest areas of La Porte to Big Island Slough to B106-00-00 $ 901,000 Project B106-00-00 Channel lining of portion of Big Island Slough to acomodate growth and additional flow s 675,000 Curb and Gutter and widen to 4 lanes Broadway from Ave. "G" to Fairmont 749,000 Curb, gutter, Stormwater improvements to East "E" from San Jacinto to Park 1,742,000 Project F216-00-00 Little Cedar Bayou upstream improvements from Barbours Cut to "H" or "L" Street in Lomax 1,424,000 Contingency 9,000 Total $ 5,500,000 3. Landfill Site: $ 4.0 million in General Oblig ation Bonds for purchase and construction of a municipal landfill for expenditure within 12 months of passage (which cost is to be off-set through user fees). Total $ 4,000,000 - 6 - • • 4. Open Space and Pedestrian Projects: (a) $3.5 million in General Obligation Bonds, within 12 months of passage, including: Regional Park Recreational Facilities, including basketball, tennis, volleyball, football/soccer, softball, and contingency Sub-total (b) $0.9 million in General Obligation Bonds, within 36 months of passage, including: Community Park Contingency 6~ Inflation Factor Sub-total Total for expenditure $ 1,522,000 78, 000 $ 1, 600, 000 for expenditure $ 815,000 35,000 50, 000 $ 900,000 $ 2,500,000 5. Recreation Project: $1.5 million in General Obligation Bonds, for expenditure within 12 months of passage for the construction of one 8,000 square foot gymnasium and support pavilions. Total 6. Community Facilities Projects: (a) $1.3 million in General Obligation Bonds, within 12 months of passage, including: Renovation of Sylvan Beach Pavilion Relocation of Fire Station II Purchase of Land for Fire Department Training Facility Contingency Sub-total (b) $l.l million in General Obligation Bonds, within 36 months of passage, including: Construction of Fire Department Training Facility Building Contingency Sub-total Total - 7 - $ 1,500,000 for expenditure $ 216,000 500,000 500,000 84,000 $ 1,300,000 for expenditure $ 1,000,000 100,000 $ 1,100,000 $ 2,400,000 • • r- -- REVENUE TO BE RAISED THROUGH BOND ISSUES Revenue Bonds, Year 1 $ 8,700,000 General Obligation Bonds Year 1 $ 13, 900, 000 User fee off-set < 4,000,000> Sub-total 9,900,000 Year 3 2,000,000 Total Capital Needed $ 20,600,000 Total of Bond Issues $ 24,600,000 - 8 - V • .: r- -'~ III. COh1MENTARY Presented as attachments are program descriptions for-each of the areas addressed in the recommendations. The comments given in this section are general for these areas, and are not meant to be all-inclusive. The Committee and/or City Staff stand ready to more fully amplify on any of these, should such amplification be desired. Additional information is also attached to this report, or appears in the final issue of the Comprehensive Plan, Volume I. REVENUE BONDS The $8.7 million revenue bond issue for utilities would fund the much-needed Fairmont Parkway interceptor to relieve sewage 'load in this area, provide for a 12 inch main along Spencer connecting the main plant with the College View system, and provide for expansion of the main treatment plant. Additionally, similarly needed sewer relief projects in East La Porte and in the Bayshore area would be accomplished. Also, an elevated water storage facility to serve College View and adjacent areas would be constructed. The need for these projects is deemed critical. The Fairmont Parkway line was undersized as soon as the treatment plant in that area was dismantled. Raw sewage was observed coming out of a man-hole during a heavy rain at this site after dismantling of the old plant. Connection with the College View system is needed to treat waste in the La Porte plant. Expansion of the treatment plant is critical, as the City has been placed unde r a compliance schedule by the Texas Department of Water - 9 - 1 9 • .. • r- ~~ Resources. East La Porte sewer problems have long needed attention; the sewer relief projects would address this need. La Porte has been deficient in water storage; the addition of College View and Spenwick have added to this deficit. The water storage project would adequately address this shortage. GENERAL OBLIGATION BONDS The first recommended general obligation bond, $5.5 million for thoroughfare and stormwater projects, has 4 components. The first of these is $901,000 for drainage of the Lomax area via Big Island Slough. Relief of this area is most necessary after heavy rains, as well as for future development. Second is $675,000 for the lining of a portion of Big Slough to accommodate the additional drainage from the first project. Third is widening of Broadway to four lanes from "G" Street to Fairmont Parkway. This project was not addressed in the Comprehensive Plan; City Sr_aff is encouraged to seek State or Federal funding for this project ($749,000). Widening of this major street is seen as of key importance, as this is a major commercial corridor, both presently and in the future. Fourth are improvements to East "E" Street from San Jacinto to Park St. These also were not included in the Comprehensive Plan, and are felt to be important as replacement facilities to outdated and undersized equipment that will serve to enhance area drainage ($1,742,000). $ 2.5 million dollars in general obligation bonds for park facilities in two sections~of La Porte has been recommended. One - 10 - ~U • •- • ~'-- v r' of the highest priorities of the citizens completing questionaires at the outset of the Comprehensive Plan process was for additional recreational facilities. Further, impressions from first-time visitors and new residents alike have frequently been, "Where are the parks?" La Porte has long been deficit in this area. This bond issue would equip Little Cedar Bayou Park with several ammenities to raise its status to that of a major attraction for the City, including a pool, baseball, football/soccer, & tennis facilities, picnic sites, and several other features. The second park would be in the Lomax area, a 23 acre park including a pool and other sports facilities. This park would be built 36 months following passage of the bond issue. A separate issue is included to build ~an 8000 square foot gymnasium with support pavilions at the Lir_tle Cedar Bayou location for approximately $1.5 million. Another of the recommended general obligation bond issues is $2.4 million for cor~ununity facilities. These include a civic center and a Fire Department Training facility. A government services center, as addressed in the Comprehensive Plan, was felt to be too much, too soon, as compared with other needs of the City. The concept of a Cultural Center (or Civic Center large enough to serve 100,000 population), originally a $1.9 million project, was trimmed to $216,000 by working with Harris County on an arrangement to lease and refurbish Sylvan Beach Pavilion. Such an economical and common-sense approach to community facilities is to be highly commended. Another component of this bond issue is relocation of Fire Star_ion II, in response to the rapid growth of - 11 - L ~/ • •~ r~-~ '~ the western half of the City. Land has already been purchased for this relocation. The third part of this issue is purchase of land including utilities and roadways for use as a fire department training facility. Such a training ground is needed due to the lack of such a facility in La Porte. Current practice of the department is restricted to parking lots, which do not afford realistic conditions for practice of firefighting techniques; additionally, training outside the City limits would pull equipment from the City that could be needed to fight an actual fire. Finally, funds are included for the construction of facilities on the fire training grounds. With the approved completion of such facilities, a savings would be realized by the 'citizens on their fire casualty insurance of $0.02 per $100, a premium that has been placed on us by the State Board of Insurance. The last of the five recommended general obligation bonds is to fund the~40 acre municipal landfill on Bay Area Blvd. While a bond issue of $4 million is needed for this, the savings on a long term basis that will be generated by not having to transport waste outside City limits will more than re-compensate the City. Further, this debt can be financed through user fees, so that no ,tax revenue need be raised to fund this project. The issue of financing has not yet been addressed for the bond issues in this report, except in the case or the landfill. lluring the project review stage, the portion of the Committee studying finance determined tine limitations on futlding the City mighr_ face, - 12 - ~~ • ~ ~"_-- `~ based on current tax revenues. While very few citizens enjoy tax rate increases, recent bond issues in Texas indicate that people are willing to finance well-thoughtout and appropriate projects. Additionally, La Porte has the enviable position of having a sizable industrial base within its jurisdiction, from which in-lieu-of payments underwrite a significant part of City government. The finance committee felt that a 7 to 8 cent tax increase would be a good first estimate, which (depending on valuations and industrial contracts) could raise in excess of $15 million. Again, the tax load people are willing to pay for City services and ammenities will determine sucess or failure of the bond issues. The Committee showed restraint in recommending bond issues, for the emphasis was placed on preparing a "most-needed" bond package for Council's consideration. In summary, the recommended bond issues will create a sufficiently serviced community, with ammenities that will attract desirable development as La Porte reaches toward build-out. This can be accomplished in such a way that no extraordinary burden is placed on either present or future residents. Home values will be maintained and enhanced. The quality of life in this City will improve. These are the issues that we have been instructed to address through surveys and interviews conducr_ed throughout this process. It is incumbent upon each of us that we should work to see that these goals are met. - 13 - ~ l~ :7 CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack OwP ,~ City ~Mar~ger DATE: April 18, 1985 FROM: Jer~v L,,,F~IHO3Rfe%X},~r~~r of Public Works SUBJECT: Air~So~t` ItCt"paEo~.+ei6C~Xlts ~/r ~ . The Federacl/ Aviation Administration has authorized the issue of a grant to make several improvements at the La Porte Municipal Airport. Plans and specifications have been completed and approved by the FAA. Representatives from Turner Collie & Braden will attend the April 24 workshop meeting of the La Porte City Council to fully explain all proposed improvements. With the approval of plans and specifications by the FAA, and progress on lease negotiations with Bayport Aviation, I recommend that the project go out for bid as soon as possible. If you should have any questions, please advise. JLH/lw TurnerCollie~Braden Inc. April 18, 1985 Mr. Jerry Hodge, P.E. Director of Public Works City of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Mr. Hodge: • CONSULTING ENGINEERS PO BOX 13089 HOUSTON, TEXAS 77219 5757 WOODWAY 713 780-4100 TELEX 774185 TCB HOU The Plans, Specifications and Engineering Report for "La Porte Municipal Airport" have been completed. Final review comments from FAA (see Larry Plummer's letter of April 3, 1985) have been incorporated, and the documents are ready to be advertised for bid. Mr. Gillett telephoned and requested that on April 24, 1985, Turner Collie & Braden Inc. make a presentation to the City Council members outlining the proposed improvements contained in this contract. Paul Rushing and I will be there, but would like to come early and discuss the progress made on the lease negotiations. The negotiation of the leases will not hold up advertisement for bid, but should be resolved as soon as possi- ble so La Porte can be moved onto the FAA Compliance List. Should you have any questions, please feel free to call. Very truly yours, ~~ Larr ~ L. Gaines Senior Technical Coordinator LLG/dr cc: Larry Plummer (FAA) Arch McNeill (TCB) CONSULTING ENGINEERS • TEXAS AUSTIN/DALLAS/EL PASO/HOUSTON/PORT ARTHUR COLORADO DENVER/GRAND JUNCTION