Loading...
HomeMy WebLinkAbout1988-02-22 Public Hearing and Regular Meeting e e MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING LA PORTE CITY COUNCIL FEBRUARY 22, 1988 1. The meeting was called to order by Mayor Pro Tern John Lloyd at 6:01 P.M. Members of City Council Present: Mayor Pro Tern Lloyd, Counci1persons Betty Waters, Ed Matuszak, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: Mayor Norman Malone Members of Citv Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Administrative Assistant to the City Manager Janie Luna, Police Chief Charles Smith, Director of Parks and Recreation Stan Sherwood, Finance Director Jeff Litchfield, Director of Public Works Steve Gillett, Director of Community Development Joel Albrecht, Fire Chief Joe Sease, Assistant Fire Chief John Dunham, CIP Manager Ross Cox, Purchasing Manager Louis Rigby Others Present: Gerald Schlott; Bruce Miku1in; Barbara Nesvadba; nine residents of Bayshore Municipal Utility District; Sharon Hensley; Nazir Nomin, Port Auto Truck Stop; Tommy Stoneman, Texas Underground; Roy Payton, Black & Veatch; Janet Graves, Planning and Zoning Commission; Ever1ena Thornton; Melissa Doyle, Bayshore Sun; 17 citizens 2. The invocation was given by Counci1person Skelton. 3. Mayor Pro Tern Lloyd opened Public Hearing A - Request of Gerald R. Schlott for a special conditional use permit to allow for construction of a secondary dwelling on property zoned as R-1 low density residential at 9401 Belfast, Spenwick Section #2. Mr. Schlott addressed Council to apprise them of his request and the reasons he wished to have the permit granted. Joel Albrecht, Director of Community Development, reviewed the request and gave the Planning and Zoning Commission's e e Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 2 recommendation, which was a split decision: 3 for and 3 against, with one member absent. Staff recommendation is to grant the permit. Members of Council then questioned staff regarding this request. The Mayor Pro Tem asked for public input regarding this request. There being none, Public Hearing A was closed. Mayor Pro Tem Lloyd called Public Hearing B to order - Request of Bruce Mikulin for a special conditional use permit to allow for construction of a secondary dwelling on property zoned as R-1 low density residential at 615 South Idaho, Bayfront Addition. Mr. Miku1in addressed Council regarding his request and stating the difficulties he was having due to an apparent misunderstanding with staff regarding his permits. Joel Albrecht, Director of Community Development, reviewed the request and noted that indeed, some requirements had been overlooked when Mr. Miku1in applied for his permit. He gave Planning and Zoning Commission's recommendation, which was a split decision: 3 for and 3 against, with one member absent. After questions from Council members had been answered, the Assistant City Manager addressed Council regarding terms and definitions used in the Zoning Ordinance and the Development Ordinance, and that steps have been taken to make the two consistent with each other. The City Manager recapped the issue under discussion, and asked what staff's recommendation is. Mr. Albrecht stated that staff's recommendation is to deny the permit. The Mayor Pro Tem asked for public input. One person had signed up to speak, but declared that her questions had been answered. There was no more public input, and the Mayor Pro Tem declared the public hearing closed. e e Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 7 4. Council considered approving the minutes of the public hearing, citizen participation meeting and regular meeting of Council held February 8, 1988. Motion was made bv Counci1Derson Skelton to approve the minutes of February 8 as presented. Second by Counci1person Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Pro Tem Lloyd Nays: None 5. Mrs. Barbard Nesvadba addressed Council regarding Community Development Block Grant proposals. She supports a new facility and a specially-equipped van for the S.P.C.R.T. program. Mr. Nazir Momen, representing Port Auto Truck Stop, addressed Council to request that he be allowed to replace a sign at his place of business that was destroyed during Hurricane Alicia. He had been denied a sign permit because of the existing moratorium on issuing sign permits. Mr. Momen was asked to visit with the City Manager regarding this matter. Mr. Tommy Stoneman, president of Texas Underground, addressed Council taking issue with the bids for a hydraulic sewer cleaner. The City Manager asked permission of Council to remove the item regarding bids for a hydraulic sewer cleaner from the consent agenda when that item was addressed, and allow staff the opportunity to present its findings and what actually occurred. Mrs. Ever1ena Thornton addressed Council regarding the proposed demolition of buildings located on her property and asked that Council reconsider their vote and let her keep her houses. The City Manager apprised Council that there was an agenda item under administrative reports that could address this e e Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 4 issue and that staff would have a recommendation at that time. 6. Council considered approving a special conditional use permit for Gerald Schlott for construction of secondary dwelling on property zoned as R-1 low density residential. Motion was made by Counci1person ShiDD to aDprove the special conditional use permit for Mr. Schlott. Second by Counci1person Gay. The motion carried, 6 ayes and 2 nays. Ayes: Councilpersons Waters, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: Counci1persons Matuszak and Porter 7. Council considered approving a special conditional use permit for Bruce Miku1in for construction of secondary dwelling on property zoned as R-1 low density residential. Motion was made bv Counci1person Gay to approve the special conditional use permit for Mr. Miku1in. Second by Counci1person Skelton. The motion carried, 5 ayes and 3 nays. Ayes: Councilpersons Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: Counci1persons Waters, Matuszak and Porter 8. Council received a presentation on the fire training facility master plan, and considered approving the plan. Motion was made by Councilperson ShiDP to aDprove the fire training facility master plan. Second by Counci1person Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: None 9. Council considered approving an inter1oca1 agreement with the Harris County Flood Control District regarding improvements to the Unit F101-00-00 watershed. e e Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 5 Motion was made by Counci1oerson Skelton to aoprove the inter1oca1 agreement with Harris Countv Flood Control District regarding improvements to the Unit F101-00-00 watershed. Second by Counci1person Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: None 10. Council considered approving SWA professional fee revision regarding Little Cedar Bayou Park. Motion was made by Counci1person Waters to approve an increase of $17,~OO to the SWA contract and to convert the contract to a fixed fee with reimbursable expenses billed at actual cost. Second by Counci1person Shipp. The motion carried, 8 ayes and 0 nays. Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: None 11. Council considered annexation policy of Bayshore Municipal Utility District. The City Manager reported that the City of La Porte has received an official request from BayMUD to consider annexing them pending an affirmative vote on May 7, 1988. He also reported that tests on samples taken at the request of BayMUD on the abandoned oxidation ponds show that they have an acceptable criteria of the eight heavy materials sampled. Further testing would be done by the City if the annexation vote is passed, before annexing BayMUD. BayMUD is virtually debt free, and the infrastructure appears to be sound. Staff recommends that we continue to study annexation of BayMUD and that the City Council direct the City Manager to notify BayMUD, in writing, that the City is seriously looking at annexation. Motion was made by Counci1person Waters to authorize the City Manager to inform the Bayshore Municipal Utility District, in writing, that the City of La Porte is seriously considering the annexation Question and will e e Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 6 continue to do so. Second by Counci1person Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Counci1persons Waters, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd. Nays: None 12. Council considered awarding an engineering services contract for lift station #5. Motion was made by Counilperson Skelton to award the engineering services contract for list station #5 to Manning Engineering in an amount not to exceed $8,000 without written approval. Second by Counci1person Waters. The motion carried, 7 ayes and 0 nays. (Councilperson Porter had left the meeting at 7:30 P.M.) Ayes: Counci1persons Waters, Matuszak, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: None 13. Council considered approving a revised contract with Concessions Management Services. Motion was made by Counci1person Matuszak to approve the revised contract with Concessions Management Services. Second by Counci1person Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Counci1persons Waters, Matuszak, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: None 14. Council considered approving a consent agenda as follows: A. Consider awarding bid for Blazer/Bronco style truck B. Consider awarding bid for 4-wheel drive pick-up truck C. Consider awarding bid for water and sewer supplies D. Consider awarding bid for chemical, insecticides, and janitorial supplies E. Consider awarding bid for cold aerosol generator F. Consider awarding bid for hydraulic cleaning and vacuum unit At the request of the City Manager, item F was removed from the consent agenda. e e Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 7 Motion was made bv Counci1person Waters to aoprove consent agenda items A through E. Second by Counci1person Matuszak. The motion carried, 7 ayes and 0 nays. Ayes: Counci1persons Waters, Matuszak, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: None After review of item F, motion was made by Counci1person Skelton to reject all bids for that item and rebid. Second by Counci1person Shipp. The motion carried, 7 ayes and 0 nays. Ayes: Counci1persons Waters, Matuszak, Shipp, Gay, Skelton, Clarke and Mayor Pro Tern Lloyd Nays: None 15. Administrative Reports A. Community Development Block Grant Proposals: Assistant City Manager John Joerns reported that the prioritized items to be presented as CDBG proposals are (1) construction of a S.P.O.R.T. facility behind the existing Evelyn Kennedy Civic Center, (2) a van for the S.P.O.R.T. program and (3) street repair, curbing repair, and wheelchair ramps for Main Street. Items (1) and (2) will be submitted as one proposal. B. Presentation from City Attorney on Eagle's Lodge rezoning request: Knox Askins reviewed the rezoning request of the Eagle's Lodge in order that they might be able to put a parking lot on their adjacent property. He reported that section 10-201 of the Zoning Ordinance could be used to apply for a parking lot, without having to rezone the property. This would entail the Eagle's Lodge applying for a special conditional use permit, with the understanding that staff could impose some very stringent requirements. Staff will contact the Eagle's Lodge to inform them what avenues are open to them. Mr. Dick McDuff, representative of the Eagle's Lodge, was in the audience, and stated that they do want to e e Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 8 proceed with applying for a special conditional use permit. C. Staff report on dangerous building owned by Mrs. Ever1ena Thornton: the City Manager stated that staff had talked further with Mrs. Thornton regarding the repairs she had made to the property. He pointed out that the first time the buildings had been brought to Council's attention was in 1985. They were reinspected in 1987. In staff's opinion, the buildings are still not up to code. He asked that Council make a decision whether or not to extend the grace period, and if so, to place an ordinance on the agenda to eliminate this property from the CnBG program, so that staff can move forward. In addition, he would ask that Mrs. Thornton give the City a "hold harmless" agreement whereby she would not hold the City of La Porte responsible if anything were to occur on her property. Council's consensus was that the item should not be put on agenda for further action. 16. Council Action: Counci1persons Matuszak, Skelton, Clarke and Mayor Pro Tern Lloyd brought items to Council's attention. Counci1person Skelton requested staff look into costs of electricians tests given by the City, and also asked that something be done about smoking during the board meetings. Mayor Pro Tern Lloyd asked that the City Manager bring a report back to Council under Administrative Reports at the next meeting of changes and procedures to prevent things of the type that occurred in the public hearings tonight from happening. 17. Council adjourned into executive session at 8:31 P.M. to receive a report by the City Manager and the City Manager regarding landfill appraisal. Council returned to the table at 8:50 P.M. 18. There being no further business to come before the Council, the meeting was duly adjourned at 8:50 P.M. Respectfully submitted: .~~ Cherie Black City Secretary Minutes, Public Hearings and Regular Meeting La Porte City Council February 22, 1988, Page 9 Passed & Approved this the 14th day of March, 1988 ~~~6- e . REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 22.1988 Requested By: Ervin J. Griffith Department: Code Enforcement Comm. Development / x Report Resolution x Ordinance Exhibits: 1. 2. Staff's background report and exhibits Transmittal memo from Planning & Zoning Chairman to Council Special Conditional Use Permit 3. SUMMARY & RECOMMENDATION Mr. Schlott has requested a Special Conditional Use Permit to allow the conversion of an existing accessory building to a secondary dwelling. Staff has found that all conditions which are prerequisites to the granting of this request have been met. (See Staff's background report) The Planning & Zoning Commission considered this request during their January 28, 1988 Public Hearing & Regular Meeting. After reviewing Staff's report and receiving public input, the Commission split on their recommendation vote. This request has therefore been forwarded with a split recommendation. Three Commissioners favoring approval of this conditional use permit and three opposing it. Action Required by Council: 1. Hold public hearing to take public input regarding this request. 2. At the close of public hearing, vote to approve or deny this Special Conditional Use Permit. Availability of Funds: N/A Account Number: Water/Wastewater r.pnpr~l Revenue Sharing Funds Available: __ YES __ NO General Fund ~__.:...._, T__"".....^"o"'01"\~ Approved for Citv Council Agenda QJ~ T. ~ Robert T. Herrera City Manager ~ - \<6 -'64.1 DATE e e STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF MEETING ~ In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 22nd day of February, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider the request of Gerald R. Schlott for a Special Conditional Use Permit to allow for construction of a secondary dwelling on property zoned as R-1 Low Density Residential at 9401 Belfast, Lot 4, Block 13, Spenwick Section #2. Citizens wishing to address this issue may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary / / e e Person Making Request: Gerald R. Schlott 9401 Belfast La Porte, Texas 77571 Type of Reauest: Special Conditional Use Permit Permit Requested For: 9401 Belfast Legal Description: Lots 199; Block 13; Spenwick Place Section II Zoning: R-1, Low Density Residential Background: Mr. Schlott is requesting a Special Conditional Use Permit to allow him to convert an existing accessory dwelling located on his property to a secondary dwell ing. As noted above, Mr. Sc hlot t 's home, located at 9401 Belfast, is in an existing R-1 neighborhood. Section 5-600 (residential) of the secondary dwellings in R-1 zones as subject to the following conditions: City's zoning ordinance lists a cond it ionally permitted use e e Special Conditional Use Permit - Schlott Page 2 Item C - Compatibi1itv With Surrounding Area The architectural appearance and functional plan of the building(s) and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the development. The proposed development is to be compatible with the existing and planned use of the area and conflicts are not to be created between the proposed use and existing and intended future use of the surrounding area. Item E - Compatible Alterations and Adequate Parking Adequate parking as required by Section 10-600 must be provided on the lot and not within any required front yard. Any exterior alterations must be compatible with the existing structure and the surrounding neighborhood. Additional items of consideration are as follows. 1. Site area per dwelling: A minimum of 6000 sq. ft. of lot area per dwelling unit is required by section 5-700 table B. Maximum lot coverage: The maximum allowable building coverage for any lot of record is 40%. (section 5-700 table B.) 3. Accessory building setbacks: Secondary dwellings under the zoning ordinance are considered as accessory buildings. Accessory building setbacks are listed as 3ft. from any property line. In addition accessory buildings must be setback at least 6ft. from any other structure located on the same piece of property. (section 10-302) 4. Maximum height: The maximum allowable accessory bu ild ings is 15ft. The allowable detached garages is 20ft. (section 10-302) height maximum for for e e Special Conditional Use Permit - Schlott Page 3 Analvsis: In reviewing this application, staff first verified compliance with setback and lot coverage requirements. Actual lot coverage is approximately 25%. This is 15% under the required minimum. The building lies within all accessory building setback lines (See Exhibit A) and with a total lot area of 12,855 sq. ft. There is over 6000 sq. ft. per dwelling unit as required by ordinance. The next factors to be considered are the specific conditions the zoning ordinance places on this type of property use. Compat ib il it Y With Surround ing Area: Sta ff surveyed the ne ighborhood surrounding Mr. Schlott's property (See Exhibit B). For the purpose of this survey, the boundaries of the Spenwick subdivision were considered to be neighborhood boundaries. The survey results are as follows: There are 21 homesite with more than one dwelling unit per site. The most common type of secondary dwelling being mobile homes (13). There are 2 small mobile home parks included in this total. Also included in this total are 6 garage or attached apartments and 2 duplexes. Al though the mobile homes referenced above are non-conforming uses, staff is looking at the use of specific lots for more than one dwelling and not at the type of secondary dwelling located there. Compatible Alterations and Adequate Parking: The Zoning Ordinance requires 2 off street parking spaces (Section 10-600) not located in a required front yard. Mr. Schlott is to provide staff with his proposed parking layout prior to the Commision's public hearing. Staff's final recommendat ion w ill be cont ingent on the su i tab il i ty of Mr. Schlott's parking plan. Conclusion: Mr. Schlott's building meets setback and lot coverage requirements. A conversion of this building to a dwelling unit appears to be compatible with the ordinance's requirements as they impact this neighborhood. If Mr. Schlott's park ing prov is ions meet ord inance requ irement s, a 11 the prerequisites for a Special Conditional Use Permit will be met. Recommendation: Subject to adequate parking provlslons, this request should be considered by the Planning and Zoning Commission. , , "~::i ~~f$::~~, 1It.'<""-.,.,. e e . . / / . . ., -~:~. <) ot ~ , of " 0 of. . (, . o ~ \ \b .<) .. t." t. __ ,.~,.~ --:-:-- -- ., - -.... ". "'. I. o , .?.?.? ~ ~ < - .., r 5'0. J' .1"- .. '0 '.... '/ '/. . I," ., 'if~. 1:. r. /s- . <.., +~ .r" .. """" ~ ~ Purchaser: Property Address: 940 8"Io.f (LtlP"," r , . " . J Lon, LeQol Description: L D f Pltlc, P{1. II , 199, 81DCk I~, Df 5p,nwick 5,cfiDn rWD, R,cDrd,d In VDI.48, H. C. M. R. TO ALL PARTIES INTERESTED IN TITLE TO PREMISES SURVEYED: &. 1. the undersigned, a Registered Public Surveyor of the State of Texas do hereby certify that this plat correctly represents a survey made on the ground this day under my supervision, of the property legally described hereon, and that there were no encroachments other than those shown hereon, and that all improvements lie wholly within the property lines according to the information furnished to me, and that this property has access to and from a dedicated roadway. CIVil CONCEPTS. INC. ...FlOOO STATEMENT 4117 Vista Road. Sui teB ~o~~':;;~~';'! O~~Of_'''o04 ":'::~.:o.;d:r: ':"~. ,c;:';':t::..':,,,:~ Pasadena. Texas 77504 d.to...I..d thU th. troct h...by '.rY.yod IIn wlthl. 1_ 'C' (713) 947 6606 ' ~ or.. .... of oln'''' f1ood'.9, - ~~~I}:..((~:.C"~ ::~:~, ~:t:~t:~::n:.:;r::;:: :p~ca~~~: ~::.~:::: ,:' .:':: ,,>., '(."\t~ ....~\ ultd to dtl....'''. flood h"'f"'ftC. rat.. onl,. 1M ..t ,.t..... .~.:~......~.~.....::.~. tD Id."tHy .,.etf, ,pecl"e nOo4ll"t c.".ltl..,. ,~:~~:'.~~.~.~~~~~~RJ' ~ jI 1--'- ~ <l', 4136 :'9: ,,{~~ (,'..( ,~,'O ~~{,:"'l..,.~-I: 1(; 'S'i)~-.j ~ . Dote: 9-/7-87 Richard W. Cansler R.P.S. Reg. Pub. Surv. - tex. #4136 Scole' I" I ~O' GF No N/A , LA POR TEe I T Y LIMIT S _... ......... ....... ... ... _ ... ... ...... .. ... ....... ... ... ... ... ... ... _ _ _ ... ... ... -. ... ... ... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... .... ... ... ... ... ... ... .... ... .. ...... ... ... .... ... ... ... ... ... ... ... ... ... ... ... .. .. ... .: ~~~...~~..............._~......................................._..... SPENCE" HIGHWAY e JT " 0.- 2 MONTGOMERY LANE o .. o .. MONTGOMERY LANE , v~ q-Y v~ 3 #- ~~ 4- 8 ~ ZONE A4' !<... 0\ ~~ ~ 3 -J::~ 4 ~(:) ~<J:.. ~v ~<<; ~ x I '/-9--- BELFAS T LANE .. '" .. '" .. '" '" .. '" '" .. .. 0 '" .. '" z ~ .. '" .. .. .. 5 CATLET LANE . ~ 13 14 )( )( LANE )eX o .. o '" BELFAST e 15 16 LANE CARLOW LANE 7X 18 -- - - - -..-~-...........- --- -....... - ~ ~--.~ f)(hibit B ;",-- , * = Mr Sc.hlott;' horne. X::: /-/ om e 51"/e. ~ w itl. mol' e fhC\..h or>e.. dw{ 1/,;" J { . . e e INTER-OFFICE MEMORANDUM To: Mayor and City Council From: Doug Latimer, Chairman of Planning & Zoning Commission Subject: Gerald R. Schlott's request for a Special Conditional Use Permit for 9401 Belfast Date: February 9, 1988 Mr. Schlott has requested a Special Conditional Use Permit to allow the conversion of an existing accessory building, located at his home, to a secondary dwelling. Mr. Schlott's property is located within an R-1 zone. This use is conditionally permitted by section 5-600 of the City's zoning ordinance. After recelvlng citizen imput during public hearing and reviewing Staff's background report, the Commission split on the recommendation vote. Three Commissioners favor approval of this request while three favor denial. The seventh Commissioner was absent from this meeting. DL/nd e CITY OF LA PORTE e SPECIAL CONDITIONAL USE PERMIT Ordinance #1501 Permit No. CLP Job No. 87-007 This permit issued to: Gerald R. Schlott Owner or Agent 9401 Belfast La Porte, Texas Address For Development of: Secondary Dwelling Development Name Q401 Belfast Address Lot 4, Block 1~, Spenwick Section #2 Legal Description Zoning: R-1 PERMIT CONDITIONS Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contem- plated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions Validation Date: Zoning Administrator City Secretary AMEND-9/'87 e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 22, 1q88 Requested By: Ervin J. Griffith Department: Code Enforcement/ Comm. Deve100ment x Report Resolution x Ordinance Exhibits: 1. Staff's background report and exhibits 2. Transmittal memo from Chairman of Planning & Zoning to Council 3. Special Conditional Use Permit SUMMARY & RECOMMENDATION Mr. Bruce Miku1in is requesting a Special Conditional Use Permit to allow construction of a secondary dwelling at his home. (615 South Idaho) This is listed as a conditional use in Section 5-600 of the City's Zoning Ordinance (No. 1501). This request has been considered during the Planning & Zoning Commission's Public Hearing and Regular Meeting of January 21, 1988. During this meeting, Staff recommended against granting this request based on inadequate building site area. (See back up report) After reviewing Staff's report and taking public input, the Commission split on the recommendation vote. This request has therefore been forwarded with a split recommendation. Three Commissioners favoring approval of this condition use permit and three opposing it. Action Required by Council: 1. Hold public hearing regarding this special conditional use permit request. 2. At the close of public hearing, call for vote to approve or deny the Special Conditional Use Permit. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ADDroved for City Council A~enda G?~-\ T. ~ Robert T. Herrera City Manager A - \X) --B\1 DATE e e STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF MEETING ~.. ~ ~ -l- In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given. that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 22nd day of February, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider the request of Bruce Mikulin for a Special Conditional Use Permit to allow for construction of a secondary dwelling on property zoned as R-1 Low Density Residential at 615 South Idaho, Lots 11-12, Block 7, Bayfront. Citizens wishing to address this issue may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary ,. / e e Person Making Reauest: Bruce Mikulin 615 South Idaho La Porte, Texas 77571 Tvpe of Request: Special Conditional Use Permit Permit Requested For: 615 South Idaho Legal Description: South 17ft. of Lot 10; All of lot 11; North 10ft. of Lot 12; Block 7; Bayfront' Zoning: R-1 Low Density Residential Background: Mr. Miku1in is requesting this special conditional use permit so that he may build a garage apartment behind his home. As noted above, this house, 615 South Idaho, is located in an existing R-1 neighborhood. Sec t ion 5-600 (res ident ial use table) of the City's zon ing ord inance lists secondary dwellings in R-1 zones as conditionally permitted subject to the following conditions: Item C - Compatibility With Surrounding Area The architectural appearance and functional plan of the building(s) and site shall reflect the building character of the area and shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the development. The proposed development is to be compatible with the existing and planned use of the area and conflicts are not to be created between the proposed use and existing and intended future use of the surrounding area. e e Special Conditional Use Permit - Mikulin Page 2 Item E - Compatible Alterations and Adeauate Parking Adequate parking as required by Section 10-600 must be provided on the lot and not within any required front yard. Any exterior alterations must be compatible with the existing structure and the surrounding neighborhood. Additional items of consideration are as follows. 1. Site area per dwelling unit: A minimum of 6000 sq. ft. of lot area per dwelling unit is required by section 5-700 table B. 2. Maximum lot coverage: The maximum allowable building coverage for any lot of record is 40%. (Section 5-700 table B.) 3. Accessory building setbacks: Secondary dwellings under the zoning ordinance are considered as accessory bu i1d ing s. Accessory bu ild ing setback s are 1 isted as 3ft. from any property line. In addition accessory buildings must be setback at least 6ft. from any other structure located on the same piece of property. (section 10-302) 4. Maximum height: The maximum allowable height for accessory buildings is 15ft. The allowable maximum for detached garages is 20ft. (section 10-302 ) 5. Rear yard coverage: Detached accessory buildings located in rear yards may not occupy more than 25% of that yard.(section 10-302) Analysis: In reviewing this application, staff has found two requirements Mr. Miku1in is unable to meet on his property. Specifically they are mlnlmum site area per dwelling and maximum allowable height for a detached accessory building. Conclusion: As this request does not meet all the requirements set out for a secondary dwelling, staff recommends denial of this special conditional use permit. Recommendation: Denial of this request. .' ..- ." x , ,:", ,;': .'-' f:,', \* ...~,.. , _._'" J.. .'. ':"'l'I , )~~.-/L .....;f .,..;,j; > ::~;tiJ:::~ ;,.',,<-,' ;"'),.., ,~'.<.,'.." p ~k~$ :i'-fk'?!+-'A"t:t$.~~, .(:~~ .- . ,.' . . I"'.... '.I"/lI\.tJ,""Jw'''''4IfW":Iffftf!~.''''''''''lIWo'' ,"" PlAT O.t:61s" .foeJrp JM.!<IO .iT. .;oc;.t! .e. 0, ,(,IfIK/JUN, "'rIN~ Jour).! 17/t!'cT Lor /~ 4tl Lor II,; NO-e7',tI 7S-;&"e~-r ~or /?, I3't/)CK 7 L3'.Ay.;o,.eoNT AOLJ# J2;J TdwA/ a~- . ., , ~~(L~R:>~'-tl ..I~A/J'ON' #(;INTE~ &t!"A6Ut:' I.r, , "'~~ "_' .' ._.... . ';I,-'Jr.1';iIAI(.etJc}CO(/NT~ n-I"AJ, i!'" ~ .~.~! .; ~ ~"~'.: ' , _ l' r.e4"~) r~~~~(,1;{~~;:.p'",;)~" .~". ,~""., Iifr!"i~~~,:+,.",l .',' ~~.'. "" ',' . v,.~.~ ~,._,_ , ,/ ~ \ "~~%'1 '-~ \; -0.... ..- \ \e \ \, \ , '\ ) \\ r--. " ~.......... '" ..... ~ , "' ~.. \'\ ~.. ...., "~ ~". \~ ..:.:.... \. ~ ~. ..~ t" \, "':t:o -, \ \ <:.. ~\ ~ \ G' \ , c.'. ~\ ':, , 'to, ..' e , \ ..." .",r, \, , \ \. ,Z.; ;/"..' \. , 'r ./" f""'" ....-....... -. -" ..,.a. ':;~~~:~'S, ">. \~ ;\ /" ~.~ ""- LO l' /. '''' /., " '" ~<iY .' ~of I~ \ " , ,4- ...... r.';/"",: /' .!...~ ", ~ \ \ \ /' " . .../ /" \ '. , ",' ...... '\ .......,.. ,../ oJ> '. .' -~:~~.\, ,~ -..... \ /0.- \. \, ,,,,' ......../ ~<;;~f 80 r , \ \ \ '''' , .' El(hibitA ..f'T4"v .t).4RLJ ~.4/V~' ..fcAeVi!?,V . ;// ............/ ".// ...... MoIV'I?;19,F7 . .. '" w GC ~ CJT a.\'ll. 2 " . ~-l , AIlS \.M , "..--d- '<--6- . ..:~: ...,~'"' ~" ...',..,:~:. ". , . T. n. I. 0 ST. ~ ..: .. .. o ~ .. .. ~ c ,. o .. o. ~ GC I II 1IZ5 1124 1123 Ii 1151 1151 R-I + ./ --L j R-2 * =/11 i k ,I U() PrDfC?.rty )(.:; H0fY1t:sif~5 wttJ, more. ft,c.../I1 on e. dU/e /I ;n, / Exhibit B e e INTER-OFFICE MEMORANDUM Subject: Mayor and City Council II Doug Latimer, Chairman of Planning & Zoning commissionl).-d~~ Bruce Miku1in's request for a Special Conditional Use Permit for 615 South Idaho February 9, 1988 To: From: Date: Mr. Miku1in has made this request so that he may build a garage apartment behind his home at 615 South Idaho. This house is located within an R-1 zone. Al though secondary dwell ings are a 1 isted R-1 conditional use, Mr. Mikulin's request does not appear to meet all requirements that are prerequisites for approval. With there being no citizen input during the public hearing and reviewing Staff's background report, the Commission split on the recommendation vote. Three Commissioners favor approval of this request while three favor denial. The seventh Commissioner was absent from this meeting. DL/nd e e THE CITY OF LA PORTE INTER-OFFICE MEMORANDUM FEBRUARY 17, 1988 TO: THRU: FROM: SUBJECT: City Manager John Asst. City Manager Joel recht, Director of Community Development ~ Bruce Mikulin's Request for a Conditional Use Permit Last December, Mr. Mikul in came to the Code Enforcement office to discuss the possibility of placing a garage apartment in his back yard for his mother. As the staff rev iewed his request with him they discussed the number of ex ist ing similar uses in the area, access to the property, parking, lot coverage, setbacks, height of buildings and rear yard coverage. They did not discuss the site area per dwelling requirement. Mr. Miku1in was told to discuss the requirements for enter ing his property from the 16 foot alley located in the rear of his lot, with the Public Works Department. He then returned at a later date and told the Code Enforcement personnel that he needed to build the garage anyway. He asked for a permit for this construction and was given a "foundation only" permit. Mr. Miku1in did complete his foundation and also put up the studs for the walls as well. The staff has had several meetings with Mr. Mikulin and has explained to him that we don't know how the Planning and Zoning Commission or the City Council would vote on his request. The staff also told Mr. Mikulin that we would be recommending in opposition to his request due to the requ irement of 6,000 square feet per dwell ing un it. H is lot does not meet this requirement, since it is 125' deep x 57' wide and and has only 7125 square feet total. JHA/nb e CITY OF LA PORTE . SPECIAL CONDITIONAL USE PERMIT Ordinance 111501 Permit No. CLP Job No. 87-006 This permit issued to: Bruce Miku1in Owner or Agent 611) South Idaho Address For Development of: Secondary Dwelling Development Name 615 South Idaho Address South 17ft. of Lot 10; All of Lot 11; North 10ft. of Lot 12; Blk 7;Bayfront Legal Description Zoning: R-1 PERMIT CONDITIONS Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contem- plated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions Validation Date: Zoning Administrator City Secretary e . SUBJECT ON WHICH I WISH TO SPEAK: STar cur :_.J'! '1 Jl ? t/Y'm f'i ......... NAME: poR7 /JU7o 7RI/( I, ADDRESS: 90L/ LV, fl/J-/?t]ouR--1' DATE: OY,/r2-2,/ f'V e . t;JpveMAcJ ADDRESS: .J fVlJ\i:.J SUBJECT ON WHICH I WISH TO SPEAK: ff~d~V~t~ ~~eIL- C!~/Vvb AD DATE: -:2- "22- -to' e NAME: .4~ r9!e.-r<" tJ ADDRESS: ?/;;< LJ ~,~t., ( SUBJECT ON WHICH I WISH TO SPEAK: ~~. t~-I'17[~#/,-!~ e /2f<<'/ ~ I tAtnu/ DATE: e-/z 2- /~g/ / / e . !),~rfi:ft.~4? ~S--V NAME: .~ b( /YjfJ M.P:t,,/'J-f. ADDRESS. I TO SPEAK: ~ I WISH CT ON WHICH SUBJE ~ ~_~f5-lq ~, DATE: ~~ ' -!!t .--" ~~ ~q ~MI~b7 .' ih ~ r;&1 ~A N j/YYl~')G~ I)~ ~ ~~~, . - REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 22,1Q88 Requested By: Ross Cox X Report Department: CIP Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION Council awarded the design of The Fire Training Facility to Black & Veatch Architects in November, 1987. Staff has been working with Black & Veatch to develop the site master plan. The project includes a multi-storied burn building and a small house burn building to simulate commercial and residential fire fighting techniques. The facility also provides classrooms, paved parking, storage areas, a drafting pit, and a pistol range for police training. Action Required by Council: Approval of Master Plan Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for Citv Council Agenda ~Tf~ Robert T. Herrera City Manager '2 - \ X)"-'6 CO DATE REOUE~ FOR ~ITY COUB~IL AGENDt ~ Agenda Date Requested: Februarv 22,1g88 Requested By: Ross Cox X Report Department: CIP Resolution Ordinance Exhibits: Draft Inter10cal Agreement SUMMARY & RECOMMENDATION Series 1985 General Obligation Bonds were sold in the amount of $1,000,000 to provide funds with which to pay the cost of acquiring rights-of-way, constructing new drainage ditches and improving existing drainage ditches in the Northwest quadrant of the City. The Harris County Flood Control District (HCFCD) has completed and the City has approved a Master Drainage Plan for watershed F101-00-00 which encampasses the Northwest quadrant of the City. The cost estimated to complete the improvements are approximately $6,000,000. It is of mutual benefit to the City and the HCFCD to enter into an Inter1oca1 Agreement whereby the City will contribute its $1,000,000 to the project and the HCFCD will contribute all the remaining funds required in addition to managing the project. In order to ensure expending the City's funds prior to October 31, 1988, the agreement specifies that the City's Funds are to be spent on certain, early portions of the project. The agreement has preliminary approval of the HCFCD but must be ratified by the Harris County Commissioner's Court. Staff is recommending council approve the Inter1oca1 Agreement and expenditure of $900,000 for the improvements contingent upon approval by the Harris County Commissioner's Court and execution by HCFCD. Action Required by Council: Contingent approval of Interlocal Agreement Availability of Funds: X General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 011-700-70g-S00 Funds Available: 1- YES NO ADproved for City Council Aienda G~T:~ Robert T. Herrera City Manager Z-l &-,,~ DATE e e I N T E R L 0 C A LAG R E E MEN T THE STATE OF TEXAS COUNTY OF HARRIS THIS AGREEMENT, is made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation under the laws of the State of Texas, hereinafter designated "City" and the HARRIS COUNTY FLOOD CONTROL DISTRICT, a bOdy corporate and politic under the laws of the State of Texas, hereinafter designated "District". WIT N E SSE T H: WHEREAS, the City has appropriated funds from the sale of certain general obligation bonds for improvements for the Unit F101-00-00 watershed; and WHEREAS, the City is otherwise obligated to expend said funds for such improvements prior to October 31, 1988; and ,~ ~~ WHEREAS, the District has completed and the City has approved the Master Drainage Plan for Unit F101-00-00, hereinafter designated as "Drainage Plan"; and WHEREAS, the District and the City desire to cooperate in improvements of Unit F101-00-00, in concurrence with Alternative I of the Drainage Plan, hereinafter referred to as the "Project"; and WHEREAS, the City agrees to reimburse the District $900,000 for the City's share of the aforesaid Project; and WHEREAS, the District and the City have determined it would be to the mutual benefit of the City and the District to cooperate in the Project and to share the costs of the project which accomplishes their mutual desires, separate undertakings being more costly and less efficient; and WHEREAS, the District is willing to furnish all funds for the Project not provided by the City and to diligently obtain all right-of-way, let contracts for and administer the design and construction of the Project, if and only if, the City will contribute those funds referred to herein; and WHEREAS, the City is willing to adjust all City owned utilities at its own expense; e e NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties herein, it is agreed as follows: I. Within thirty (30) days of obtaining necessary right-of-way, the District shall give notice in writing of the same as to the cost of said right-of-way as provided herein. II. Within thirty (30) days of the receipt of the aforesaid notice, the City shall pay to the District the cost of acquiring said right-of-way, subject to provisions under Section XII of this Agreement. III. j :-1 Within thirty (30) days of completion and approval of the construction plans and specifications therefor, the District shall give notice, in writing of the same along with its intent to bid and award construction of specific portions of the Project in a manner similar to the manner used by the District for other like and similar projects, and award the contract in accordance with applicable law. IV. Within thirty (30) days of verifying and accepting a legal bid for the specific portion of the Project, the District shall notify the City in writing as to the cost of such portion of the Project. V. Within thirty (30) days of receipt of the aforesaid notice, the City shall pay to the District the cost of such portions of the Project, sUbject to the provisions under Section XII of this Agreement. e VI. e The District shall administer right-of-way acquisition, construction, construction bidding, and perform construction inspection, materials testing, and surveying for the Project. District will be the owner of all property acquired pursuant to Project, and maintenance of the drainage facilities resulting therefrom shall be the responsibility of the District. The the VII. The City agrees to relocate, as affected by the plans and specifications referred to above, any and all City owned utilities at the City's sole expense and without any offset to the amounts referred to herein. VIII. If an acceptable bidder does not respond to the advertisement or fails to execute the construction contract, or fails to provide the bonds required by law; either party may rescind this agreement by giving thirty (30) days written notice to the other party. ~ IX. The District shall have the right to make any changes in the plans and specifications as its Engineer may deem necessary or desirable during the construction of the Project within scope of the Drainage Plan without notice to the City. However, the City shall not be obligated to expend any funds in excess of those hereinbefore specifically allocated by the City for the Project as a result of any change in said plans or specifications. X. To the extent of the City's funds provided for herein and to the extent such action is feasible, the District will pursue the completion of the following portions of the Project including related engineering, acquisition of right-of-way, construction and construction services by October 31, 1988. Watershed Study for Unit F101-00-00 Right of Way acquisition Replacement of Sens Road Bridge Replacement of Valley View Drive Bridge Channel improvements from State Highway 146 extending approximately 2000 feet down stream e e XI. Upon final completion of each specific portion of the Project in accordance with the plans and specifications therefor, the District will deliver to the City a written certification of the fact of such completion, and an itemized statement setting forth the total actual cost of said specific portion of the Project. If the total actual cost of the Project is less than the amount previously paid to the District by the City, then, and in that event only, shall the District make any refund to the City. XII. The City is not obligated to expend any funds on the Project exceeding a total of $900,000. The District share shall be any and all expenditures over $900,000 to complete the Project. XIII. .~ No party hereto shall make, in whole or in part, any assignment of this Agreement or any obligation contained herein without the prior written consent of all parties hereto. XIV. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered, to the following address: City Manager City of LaPorte P.O. Box 1115 LaPorte, Texas 77571 Attention: Assistant City Manager All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway, Suite 220 Houston, Texas 77092 Attention: District Director. e e xv. This instrument contains the entire agreement between the parties herein named relating to the rights herein granted and the obligations herein assumed and may only be amended by written instrument of like dignity executed by all parties hereto. In witness whereof, this instrument in multiple counterparts, each having the force and effect of any original, has been executed by the parties on the day of , 19___. ATTEST: CITY OF LaPORTE, TEXAS City Secretary Mayor City Controller City Manager City of LaPorte, Texas ~i ~~ APPROVED AS TO FORM; City Attorney Attorney City of LaPorte, Texas APPROVED AS TO FORM: HARRIS COUNTY FLOOD CONTROL DIST. By County Judge, Harris County,Texas Assistant County Attorney AUDITOR'S CERTIFICATE I hereby certify that funds are. available in the amount of ________________ to accomplish and pay the obligation of the Harris County Flood Control District under this contract. County Auditor e e ORDER AUTHORIZING-EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LaPORTE THE STATE OF TEXAS * COUNTY OF HARRIS * On this, the day of , 198___, the Commissioners Court of Harris County, Texas, sitting as the governing body of the Harris County Flood Control District, upon the motion of Commissioner , seconded by Commissioner duly put and carried, IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to execute for and on behalf of the Harris County Flood Control District an Agreement between the Harris County Flood Control District and the City of LaPorte, Texas for sharing the cost of flood control improvements to Harris County Flood Control District Unit F101-00-00 for a maximum fee of , said Agreement being incorporated herein be reference for all purposes as though fully set forth herein word for word. ~J ~ ~T FOR CITY COUNCIL AGENDA~ Agenda Date Requested: Februarv 22,1g88 Requested By: Ross Cox Department: CIP X Report Resolution Ordinance Exhibits: Letter to SWA Group Dated February 17, 1988 Exhibit A - Construction Administration Manhour Matrix SUMMARY & RECOMMENDATION The Little Cedar Bayou Park project was originally considered to be constructed by a single general contractor who would coordinate and manage the work of all subcontractors and form a single point of contact for the construction administration to be performed by the Architect. The construction was bid in accordance with this original plan and proved to be significantly over budget. When the project construction was divided into six separate packages, the amount of interface work required for construction administration increased. Requirements include increased contractor invoice checking, added work scheduling and interfacing of work to produce a cohesive construction plan resulting in minimum time and cost to the City. To accomplish these results, the construction administration portion of the project requires added work scope resulting in added fees for that work. Staff recognizes the budget limitations on the project and has taken steps to minimize further increases in cost. Toward this end, SWA Group has agreed to convert their present hourly rate contract to a fixed price contract incorporating the added fees for the extra work. The nature of this fixed price contract with SWA Group will then mean that SWA Group will perform the construction administration tasks cited in Exhibit A, as a minimum, and no further increases in fees will be programmed unless the actual scope of the project is either increased or decreased for reasons not currently anticipated. In addition, all of SWA Groups' consultants will be billed only as needed and then only through reimbursable expenses. The reimbursable expenses for the current contract allow a 10% markup to be added. However, by this revision to the contract, the 10% markup will be waived by SWA Group and all reimbursable expenses will be billed at actual cost. The fixed fee portion of the contract will be increased from the current $ 143,930. to $ 161,430., an increase of $ 17,500. which will be budgeted out of the contingency of $ 50,000 established at the time construction bids were awarded leaving a contingency of $32,500. Action Required by Council: Staff recommends Council approve an increase of $ 17,500. to SWA Group contract, conversion of that contract to a fixed fee with reimbursable expenses billed at actual cost. Availability of Funds: General Fund X Capital Improvement Other Account Number: 011-800-801-S08 Funds Available: -X- YES NO Water/Wastewater General Revenue Sharing Approved for City Council Agenda ~'~~ Robert T. Herrera City Manager ? _-- \ 8-'6 C() DATE e e CITY OF LA PORTE PHONE(713)471.5020 . P,O,BoX1115 . LAPORTE,TEXAS77571 February 17, 1988 The SWA Group 1245 West 18th Street Houston Texas 7J008 Attention: John Cutler Subject: Little Cedar Bayou Park Professional Services Agreement Gentlemen: Reference is made to the following documents: Professional Services Agreement, November 3, 1986 Trench Law fee Adjustment, October 30, 1987 Reimbursable Expenses Adjustment, November 24, 1987 In summary, our current agreement totals approved for expenditures of : Professional Services Reimbursable Expenses $143,930 $ 29,743 As stated in your letter of February 2, 1988, a fee adjustment is necessary for the construction administration of the project due to having six contractors to work with instead of only one. Based on our vereba1 discussion on the subject the City of La Porte is agreeable to the followIng adjustments: 1. Increase the Professional services fee from $143,930 to $161,430 2. Convert the professional services agreement to a fixed price agreement where SWA will provide all construction administration required (as outlined in your February 2 letter as a minimum) for the duration of the construction work. e - Little Cedar Bayou Park Page 2 of 2 February 12, 1988 3. Make all future billings from SWAts consultants as reimbursable expenses and minimize such expenses as much as possible without compromising the technical integrity of the project. 4. Eliminate the 10% markups on future reimbursable expenses Please indicate SWAts agreement below and return both copies of this letter to me right away. I will have the City execute the change upon approval by the City Council. Very truly yours, CITY OF LA PORTE W. Ross Cox, PhD CIP Project Director Accepted by SWA Group Approved by City of La Porte By: By: Title: Title: Date: Date: e - LITTLE CEDAR BAYOU PARK CITY OF LAPORTE, TEXAS ------------------------------------ ------------------------------------ CONSTRUCTION OBSERVATION MANHOUR PROJECTIONS FEBRUARY 1, 1988 (Disk 10, LAP654M) PACKAGE ONE THROUGH SIX -------- -------- Proj . Month Mgr. Site Shop Change/ Site Meetings Drawings Clarif. Visits Punch Prof. Lists Office Clerical -------------------------------------------------------------------------------- TP : WM TP : WM TP l WM TP : WM -------------------------------------------------------------------------------- Feb. 4 3 2 . 64 6 18 12 32 6 21 -------------------------------------------------------------------------------- Mar. 4 5 2 64 6 30 12 40 10 23 -------------------------------------------------------------------------------- April 4 4 2 24 12 32 8 21 -------------------------------------------------------------------------------- May 4 5 2 30 12 40 10 21 -------------------------------------------------------------------------------- June 4 4 2 24 12 32 8 22 -------------------------------------------------------------------------------- July 4 4 2 24 12 32 8 20 -------------------------------------------------------------------------------- Total 24 25 12 128 12 72 150 72 72 208 50 128 -------------------------------------------------------------------------------- EXPLANATION OF PROJECTIONS -------------------------- PROJECT MANAGER: 4 hours each month. SITE MEETINGS: Tim Peterson 1 hour each week. Wilson McClain 1 hour, alternating weeks. SHOP DRAWINGS: 3 major shop drawings, 28 major submittal catagories. CHANGE ORDERS, CLARIFICATIONS: 1 each every month for all jobs. SITE VISITS: Tim Peterson on site one time each week for 6 hours. Wilson McClain on site alternate weeks for six hours. PUNCH LISTS: Preliminary punch for each job will be done at regular site visits. Punch lists and final inspections are included PROFFESIONAL OFFICE: Tim Peterson 2 hours per day, 4 days per week. Wilson McClain 2 hours per week. CLERICAL: 1 hour per day, five days each week. REOUEST FO~ITY COUNCIL AGENDA ITEM ~ Agenda Date Requested: February 22, 1988 Requested By: Robert T. Herrera Department: Admini!'ltr:tt"inn x Report Resolution Ordinance Exhibits: Letter from Clark Morris, President BayMUD Board of Supervisors Resolution 242 SUMMARY & RECOMMENDATION Enclosed please find a letter from the President of the BayMUD Board of Supervisors along with an executed Resolution by the Board requesting the City of La Porte to indicate that they will annex BayMUD should they receive a majority vote during the May 7th election in their territory. Action Required by Council: Establish policy position on annexation Bayshore Municipal Utility District and authorize the City Manager to write BayMUD that the City of La Porte will seriously pursue annexation of that area if the Bayshore Municipal Utility District has a successful election on May 7, 1988. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda QMT.~ Robert T. Herrera City Manager a~ \~-~ DATE (' e /,37 ( e SA YSHORE MUNICIPAL UTiliTY DISTRICT 707 SHADY RIVER ROAD LA PORTE, TEXAS 77571 February 11, 1988 Mayor Norman 'Malone City of La Porte Ci ty Hall.. La Porte, Texas 77571 Dear Mayor Malone: The Bayshore Municipal Utility District passed a resolution at its regular meeting, February 10, 1988, to hold an election on Saturday, May 7, 1988, to allow the registered voters in the District and in the City of Shoreacres to decide whether or not the City of La Porte be allowed to annex the unincorporated area. This election will be held in accordance with Senate Bill 1~6 passed by the 67th Texas Legislature and signed into law by the Governor in 1981 (Vernon's Annotated Civil Statutes, Art. 970A, Sec. 12). The Utility District requests that the City of La Porte reply to this letter indicating that La Porte will annex Bayshore MUD should the question receive an affirmative vote by the majority of the voters in the May 7th election. Sincerely yours, rU!lJt~ R. C. Morris, President BayMUD Board of Supervisors Att.: BayMUD Resolution No. 242 cc: Mr. Robert Herrera, City Manager City of La Porte ... Mayor Billy James City of Shoreacres Mr. Dick Gregg, Attorney BayMUD Board of Supervisors " " e e BAYSHORE MUNICIPAL UTILITY DISTRICT 707 Shady River Road La Porte, Texas 77571 RESOLUT I Ol'~ 242 A RESOLUTION OF THE BAYSHORE MUNICIPAL UTILITY DISTRICT ORDERING AN ELECTION TO BE HELD IN THE BAYSHORE MUNICIPAL UTILITY DISTRICT AND THE CITY OF SHOREACRES, TEXAS, ON THE 7TH DAY OF MAY, 1988, FOR THE PURPOSE OF VOTING FOR OR AGAINST AUTHORIZING THE CITY OF LA PORTE, TEXAS TO ANNEX THE UNINCORPORATED TERRITORV OF THE BAYSHOR~ MUNICIPRL UTILITY DISTRICT; DESIGNRTING ThE DATE OF THE ELECTION RND THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFORE; PROVIDING T~AT ALL QUALIFIED ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING A FORM OF THE BALLOT; PROVIDING A NOTICE OF ELECTION AND CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION. WHEREAS, Article 970a, Section 12, Vernon's Annotated Civil Statutes provides that the Board of Directors of a municipal utility district may order an election on the issue of authorizing annexation of the unincorporated territory of of the district on the first authorized uniform election date that falls on or after the 30th day after the date of the order, at such place as the Board of Directors may direct; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Bayshore Municipal Utility District, State of Texas: Section 1. That an election shall be held in and throughout the Bayshore Municipal Utility District and the City of Shoreacres, Texas, on the 7th day of May, 1988, from 7~00 a.m. to 7:00 p.m. at which election the qualified resident voters of said District and said City shall be able to vote for or against a proposition authorizing the City of La Porte, Texas to annex the unincorporated territory of the Bayshore Municipal Utility District. Sectic'Y'12. That thel""e shall be c'T,e (1) electiclY"1 preciY'lct and said election shall be held at one (1) polling place for all qualified voters of the District and the City and the polling place and presiding officers for said election shall be, te'-wit: Poll irq;! Pla(::,e: Bayshore Elementary, La PCI\.~te, Te>(as Bay Oaks, " Presiding Judge: Irene Hardy Alternating Presiding Judge: Suzanne Richardson The Presiding Judge shall appoint as many clerks as are deemed necessary for the proper conduct of the election, provided that such number of clerkS shall be at least two (2). Section 3: That pacer ballots shall be used to conduct said election and that said election shall be held in accordance with the Constitution and laws of the State of Texas, and all duly qualified resident electors of the baysnore Municipal Utility e - District and the City of Shoreacres, Texas, shall be qualified tel velte. Section 4: That the election shall be held and the returns thereof shall be made and canvassed in the same manner as would be the case in an election for members of the Board of Directors of the District if the District included the entire territory in which the election is held and in accordance with the requirements of the Electipn Code of the State of Texas, as amended, and in the event that the majority of the votes cast in said election are for annexation ~he Board of Directors shall declare that the City of La Porte, Texas is authorized to annex the unincoroorated territory of Bayshore Municical Utility District. Sectic.."., 5~ The bedlc:,'!; s,hall permit votiy,g fClr clr against the prc.pc.sitic'YI: "AuthQI"izil"lg tj"H~ Ci'~y of La POl.~te, Texas tc. ay,nex the uY,iY,cc.t~porated 'l';en"itCtt~y elf Bayshc.re MuYdcipal U'l:;ility District", and shall conform to the requirements Qf the Election Code of State of Texas, as amended. Section 6~ Voting at the polls and absentee balloting, shall be by paper ballot. Absentee voting shall be conducted at the Office of Bay.hore Municipal Utility District, 707 Shady River Road, La Porte, Texas. Ann Lewis is hereby appointed as Absentee Voting Clerk. Absentee balloting shall begin on the 20th day preceding the date of the election and shall continue through the fourth day preceding the election, Saturdays and Sundays excluded. A voter who is eligible to vote May do so by making his personal appearance before the Absentee Voting Clerk or her Deputy at the address set forth above during the regular office hours of the Bayshore Municipal Utility District, Mondays through Fridays during the period pr$scribed herein for absentee balloting. Applications for paper ballots to be voted by mail submitted by those qualified to do so may be received by the Absentee Voting Clerk no later than the fourth day preceding the election day. A marked ballot Must be mailed back to the Absentee Clerk in an envelope postmarked not later than midnight on the day preceding the election and must be received by the Absentee Votinq Clerk before 7~00 P.M. on electic,.,., day. Section 7~ That the votes cast in said election shall be canvassed as provided in the-Election Code of the State of Texas, as amended. All election officials named herein shall be com~en- sC:\te<:i as fCtllClws: " Presiding Judge= $5.00/hour + $25.00 Alternate Presiding Judge: $5. liJ0/hclllr Clet~k: $5. 00/hc'ul^ Absentee Voting Clerk: $5. 00/hclln~ Section 8: That the election officials are hereby directed to comply with Article 6.06 of the Election Code of the State of TaMas, as amended, whiCh orovides that the failure of a voter to e e make nis ballot in strict conformity with the cirections on the ballot shall not invalidate the ballot~ and the ballot shall be counted if the intention of the voter is clearly ascertainable, except where the law expressly prOhibits the counting of the Ballot. It is soecifically Cirecteb that the election officer shall not refuse to count a ballot because of a voter having marked his ballot by scratchin~ out tne proposition for wnich he does not wish to vote. Section 9: That notice of the elections hereby ordered and called shall be given: a. ~y posting notice thereof at the offices of Bayshore Municipal Utility District at 707 Shady River, La Porte, Texas, and at the offices of the City of Shoreacres, 519 Shoreacres Blvd., Shoreacres, Texas, at least thirty (30) days and not more than forty-five (45) days before the election. Both locations for posting are hereby declared to be public places within the District of the City. b. Stat1.ltes, By publication under Article 293, Vernon's Texas Civil which notice shall state the nature and date of the election the hours during which the polls will be open, and the location of the polling place in the District where the notice is posted. Said publication notice shall be pUblished in at least one newspaper of general circulation in the County where the District and City are located not more that thirty (30) days nor less than ten (10) days before said election. The Board of Directors hereby finds that the official newspaper of the District, Bayshore Sun, is a newspaper of gQneral circulation in the County where the District and the City are lo~ated. In order to comely with both Articvle 2ge, Vernon's Texas Civil Statutes, and Article 4.05 of the Election Code, one of which must be complied with, the said notice Shall be published between the 25th day prior to the election through the 11th day prior to the elect iO)'"I. Section 10: If any provision, section, subsection, sentence, clause, or phase of this Resolution is for any reason held to be unconstitutional Void or invalid or for any reason unenforceable, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of tne Board of Directors of Bayshore Municipal Utility District in adopti~g this Resolution that no portion hereof or provision contained herei~ shall become inoper- ative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation; and to this end all provisions of the Resolution are declared to be severable. READ AND APPROVED th~s 10~h Gay of Fecruary, 1988. e ~ e To. L T 'TV D1 STRICT U .l ..., v __ ~c ~ ~.~ -~~---S---;;~i;~; _~~":l':::-___'-'~~ up ", ... . e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Mayor Norman Malone & Members of City Council DATE: February 22, 1988 FROM: Robert T. Herrera, City Ma~~~ SUBJECT: BayMUD Annexation Policy Statement Addendum to BayMUD Annexation Report Delivered 2/8/88 Tonight the Council is asked to develop a policy statement on the potential annexation of BayMUD. Per your instruc t ion, I have v is i ted with BayMUD representat i v es and expressed to them your wishes for an official written request for annexation. Further, I pursued with BayMUD personnel our concerns about the status of the oxidation ponds located at their abandoned wastewater treatment facility located west of new State Highway 146. On February 11, 1988, a letter written to Mayor Malone was delivered to my office from Mr. R. C. Morris, President of the BayMUD Board of Superv isors. The letter requests La Porte to annex the Bayshore Municipal Utility District upon receiving an affirmative vote. The letter was later followed by a fully executed resolution calling for an election to be held by BayMUD on Saturday, May 7, 1988. In exploring the status of the oxidation ponds with BayMUD representatives, I was pleased to discover that they self in it ia ted sample test ing of the ponds. One sample was submitted to a laboratory and tested for presence of eight heavy materials. The results reflect levels which are acceptable. BayMUD understands that if the election is successful, staff will coordinate with the district to develop guidelines for a thorough analysis of the oxidation ponds, acceptable disposal methods, and estimated costs for disDosa1. BayMUD is also aware that results of this analysis may effect the City's decision on certain matters relating to proposed annexation (i.e., timing, obligations before and after annexation, etc.) p e e BayMUD Annexation Policy Statement Addendum to BayMUD Annexation Reported Delivered 2/8/88 Page 2 of 2 In conclusion, staff's recommendation remains the same. The annexation of BayMUD would not have a negative impact" upon the City of La Porte. As our preliminary study indicated, the level of services we currently provide should not be adversely impacted. Our stable financial condition will not be weakened as the Ba yshore Mun ic ipa1 Ut i1 i ty D istr ic t is v irtual1 y debt free and their infrastructure appears to be in satisfactory condition with the exception of preparing to go on surface water. Our auditors completed their review and their findings I'm proud to report were the same as those of staff. I ask for your direction and permission to respond to Bayshore Municipal Utility District's request for annexation. RTH/jb ~ c=- ~ ~. (~,.~ ~ . , Minutes, Public Hearing and Regular Meeting La Porte City Council, April 20, 1983, Page 4 .. Ayes: Councilpersons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None 9. Council considered awarding bids for two tractors with two mowers. for the Parks and Recreation Department. These were budgeted items and low bid was Jim Ball International. Motion was made b Counci1person Westergren to accept the low bid by Jim Ball International in the amount of 11,320.34 for two diesel tractors and two mowers. Second by Counci1person Skelton. The motion carried, 7 ayes and 2 nays. .J Ayes: Counci1persons Malone, Longley, Matuszak, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: Councilpersons Graves and Gay 10. Council considered Change Order #1 - Lomax Street and Drainage Project, adding construction of Monument Road and subgrade preparation for Deaf Smith and Santa Anna Lane to McKey Con- struction Project, a total of $74,300.00. Motion was made by Counci1person Matuszak to approve Change Order #1 - Lomax Street and Drainage Project. Second by Counci1person Westergren. The motion carried, 8 ayes, 0 nays, and 1 abstain. Ayes: Counci1persons Malone, Longley, Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None Abstain: Counci1person Gay 11. Council considered annexation policies. Motion was made by Counci1person Westergren that the Committee and staff studying annexation have approval of City Council to proceed with the various studies and research needed and to authorize the City Manager to send a letter to BayMUD, since they will need to hold an election August 2, informing them that we are seriously looking into the annexation of that area. Second by Counci1person Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Counci1persons Malone, Longley, Matuszak, Graves, Pfeiffer, Gay, Skelton, Westergren and Mayor Cline Nays: None e e CITY OF LA PORTE PHONE(713)471.5020 . P.O,8oX1115 . LAPORTE. TEXAS 77571 February 23, 1988 Mr. Clark Morris, President Bayshore Municipal Utility District 707 Shady River Road La Porte, Texas 77571 DRAFT Dear Hr. Morris: At the regular meeting held on February 22, 1988, the City Council passed a Minute Order expressing an interest in annexing the Bayshore Municipal Utility District providing that an election is called under the appropriate State Statutes and the vote is favorable. The Council would be considering completing the annexation before December 31, 1988. Pending the election by BayMUD, the City of La Porte will continue its in-house annexation study. Should your District be interested in proceeding, the election should probably be called for the earliest legal date, which I understand to be May 7, 1988. Prior to such election, I shall be happy to meet with your District to discuss matters of importance to both bodies. Sincerely, Robert T. Herrera City Manager RTH/jb cc: Mayor Norman Malone & Members of City Council Knox Askins, City Attorney ,mmPeat ~rwick e Certified Public Accountants Peat Marwick Main & Co. 1 Corporate Plaza 2525 Bay Area Boulevard Houston. TX 77058 Telephone 713 280 0460 February 19, 1988 Mr. Robert T. Herrerra City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Bob: We have applied certain agreed-upon procedures, as discussed below, to assist you in connection with the proposed annexation of Bayshore Municipal Utility District (Bay MUD). It is understood that this report is solely for your information and is not to be referred to or distributed for any purpose to anyone who is not a member of management or of the City Council of the City of La Porte. Our procedures and findings are as follows: a. We reviewed the audited financial statements of Bay MUD as of September 30, 1987. During our review, we noted that Bay MUD was operating at a cash loss as of September 30, 1987. We also noted that at September 30, 1987, the District did not have insurance covering the water system which is not in compliance with the Bond Order. b. We reviewed the audit supporting work papers for the year ended September 30, 1987 provided to us by Bay MUD's independent auditor, Mr. Eugene Hovey, for the following areas: o contingent liabilities o long-term debt o search for unrecorded liabilities c. We inquired of Mr. Hovey as to the collectibility of the tax revenues. He stated that the historical collection rate has always been outstanding. Additionally, the tax base has remained stable. It is composed of numerous single family homeowners and small businesses. No single taxpayer accounts for a significant portion of the tax revenues. rlI~:. I"'" I' PI ,'f. f':'~"" Member Firm of L ;.. ..'. ,'i', Klynveld Peat Marwick Goerdelef . e - ~ ;(ft7w~Peat Marwick Mr. Robert T. Herrerra City of La Porte February 19, 1988 2 d. We inquired of Mr. Hovey as to the age of the fixed assets. He stated that the assets average an age of 25 years with the last major addition being in 1986 funded by the issuance of the Waterworks and Sanitary Sewer System Combination Revenue and Unlimited Tax Bonds Series 1962. d. We contacted Mr. Clark Morris, a member of the Board of Supervisors for Bay HUD. He stated that as of this date, Bay MUD had debt outstanding for the bonds and $90,000 to a private investor. Bay MUD plans to pay the $90,000 off during this fiscal year. He was not aware of any other liabilities than those incurred in the normal course of business. He also stated that Bay MUD had no outstanding or pending litigation. Additionally, Mr. Morris stated that Bay MUD has an agreement to contribute $5,000 per quarter to the Shoreacres Volunteer Fire Department. Because the above procedures do not constitute an examination made in accord- ance with generally accepted auditing standards, we do not express an opinion on any of the accounts or items referred to above. In connection with the procedures referred to above, no matters came to our attention that would require adjustment to the September 30, 1987 financial statements of Bayshore Municipal Utility District. Had we performed additional procedures or had we made an examination of the financial statements in accordance with generally accepted auditing standards, matters might have come to our attention that would have been reported to you. f d ~~J -r--~ ~C\a " ~':1- ," '~'h' ..' , STORAGE BUILDING i [ , Ii I: \ I . ...........-1- i 6' ~ ;~! ~~~. to :""\.,. :....~~. ; -":.'~. ..~ ..':;:. MULTI-STORY BURN BUICDING FI'RE TRAINJNG FACILITY MASTER PLAN I. f DETENTION POllO ~ " ~, I. ,..' 1;1 .. "'.1 I' 111"1', ";. .1 ,'! ~. t 1 . I: .11 J t ~ ! , 1 1 I" . . EIED , ';,i . 'I:~.lt:~ . ~. "t-.-, " !. ,( - , 1 I I. . t , . j \ . " " I , ' fit ' . H' IfH- '1:1 'u . , .. Z III ::& ... '" c ... I I I I I I ) I I I i I I I E I ~ III I : I >- I : I .~ I ~ I ~ I ~ I ii: c I c5 I ~, I ~ I 1/ r I !I~-' I -I . i ! I ! I I II ~ '. I I I l --f I I I / lit I ~ I I I I I I I I r' I I I I I I I I I I ~ I I I I II ~ I I: I ~ I I I ! I ~ i II I I ~ I I I I I; I II I I ~ I I I I I ~ I I, I I ~ I I 1 ~ I I I I 1: I I I I I; I I I I I ~ I I I I I I' I I I ! I I I ! I j I ~! r -, J J., / t. I I I I' ! Ii" I I l I I I ! I I I I I I '_-L CITY OF LA PORTE" TeXAS c( ~ I I I \, ... 'NO'RTH SCALe: I" . 30' I I ,'/.r' . \1 /' ~ I I I i I I I I I I 'i I, ... z ... ,::& III '" . ... ! II: I i I I l' I . , j. I a: III ~ o Go. Q Z C Cl Z .. x <:I ... It 'l ' , z o .. III ~ o :J: l I .' r I 1,\ : I . , r."1ISIiICk & ~ ~~. , ' ...... , ' e e REQUEST FOR CITY COUNCIL AGENDA ITEM 22, 1988 Agenda Date Requested: Requested By: Steve X Report epartment: Public Works Resolution Ordinance Exhibits: 1. Engineering services proposal submitted by Manning Engineering Corporation. 2. Map of service area of Lift Station No.5. SUMMARY & RECOMMENDATION Manning Engineering Corporation proposes to provide the following Engineering services for the Bayside Area served by Lift Station No.5: PHASE I - Investigation of existing conditions, Development of alternative solutions and recommendation of necessary action. PHASE II - Detailed design and technical specifications of selected alternative along with construction support as directed by the City. Phase I and Phase II services provided are to be compensated on a time and material basis as per the rate schedule provided in the proposal. Proposed Engineering services not to exceed $9,000.00 without written approval. Staff recommends acceptance of the Engineering Services Proposal submitted by Manning Engineering Corporation in an amount not to exceed $9,000.00 without written approval. Adequate funds were budgeted in the fiscal year 1987-88 Operating Budget Capital Improvement Fund to perform this study. Action Required by Council: Authorize City Manager to execute contract with Manning Engineering Corporation for performance of Engineering Services as stated in attached Proposal in an amount not to exceed $9,000.00 without written approval. Availability of Funds: General Fund Capital Improvement Other X Water/Wastewater Capital Improve- General Revenue Sharing ments Account Number: 003-804-804-887 Funds Available: X YES NO Approved for City Council Agenda G6,.W T, ~- Robert T. Herrera City Manager '2.- ,~-~CO DATE l\..~'; . ; .e 1425 26TH STREET LA PORTE, TEXAS 77571 , 713/471-7590 . ........M.=~IIIII_ '. '. .mnull."EERllSIu" ~~,..I.~ February 8, 1-988 CITY OF LA PORTE P.O. Box 1115 LaPorte, Texas 77571 ~TTN: Buddy Jacobs Assistant Director of Public Works .RE: Technical Services Proposal/Agreement City of LaPorte LIft Station No. 5 Sewage Collection Service Area Back-Ups/Overflows LaPorte, Texas Dear Mr. Jacobs, . This letter is Manning Engineering CorporationPs technical services proposal and if approved by signature it shall become.our Technical Services Agreement. Manning Engineering Corporation agrees to perform the various services as outlined in Attachment A, Scope of Services, and in consideration for those services the City of LaPorte shall pay Manning Engineering Corporation according to Attachment B, Payment Schedule and Attachemtn C, Schedule of Charges. Work authorized outside of the initial Scope of Services shall be paid on a negotiated basis. This constitutes the proposal. If acceptable, please sign as indicated below and return one copy for my file. :dr Attachments dd'~. <:: William T. Mann~~ President ' :. I i<l . {~. , SIGNATURE: i.. NAME: Date . TITLE: e '..;....'.,',...:.:.:.-,.',',.;.;,.,.',",','.'.........'..,'.'.",-,.,....,.........-....'.,'.'_....'.....'...-....'...:...'.'.....,.......'.....,.....'...'.. ""11]..<","',.""".',:'.:.:."".:,"",:.':."....I:....N.. '. 'Ii". " ',".:' ",' '," ...... . ... .... . /:: ":;", ::::}:', >;;:::; "', '<: }: -;. ,,":::\ :} ;-, - :::: :::>:.-.:::;: ::} :. ;:: \::" .:<;> .\: :::<" :} ~::\, :} :;;;: :;;:;:. ::,.>::: }" ',...,". tliltt;t.t~jiffitt,R>1 Xti8 ::::\IlI:l:~::UI:r,.:~:J1f ' -::: ::l)I(:U:::':. ::;'>."._'-"...',-.':';".':':'.",',-:'.'.".':'.';';':,'>.",'.......,-.'.'.':.;.:":-:..:......:..,-,.-.-,.,_...'.,-;.;.:,. \1., .'I~IRPIRj\l;l(J)INi h), 'I, ~~,,,;11," ~'.~~::-~~~'W-<'f4,;;-.;i.IJ~.~"R.\,o)"'" ATTACHMENT A CITY OF LA PORTE LIFT STATION NO. 3 SEWAGE COLLECTION SERVICE AREA BACK-UPS/OVERFLOWS 1. PHASE I - Investigation Of Existing Conditions, Development Of Alternative Solutions, and Recommendations. A. Review all existing files, reports, data, and drawings an the project area. B. Estimate the hydraulic capacity of the system during sur- charged conditions with only Lift Station No.5 operating. C. Determine the impact on conditions in item B when Lift Station No. 4 pumps into the system. D. Compare hydraulic conditions in items Band C to projected peak system loading to determine negative flow balance. E. Develope preliminary short term alternatives to eliminate negative flow balance through flaw reduction or mediation and gravity or pumping relief by increasing transfer capacity. F. Provide Alternative Recommendations and Preliminary Cost Estimates for Engineering and Construction. 2. PHASE II - Detailed Design. " . ,-,i-" " .., '~~ . \. ",if '~ ;~~i " :'", .f:~ , .~~ ,,:;;If (~. G. Review the proposed long term or permanent solutions to the service area problems. H. Provide a summary report on items A through G. Esti>>ated Ti>>e To Co>>plete Ph as, 1 Nork Is 45 D.ys. . .A ~r~ r ,\'\ A. Prepare detailed Plans and Technical Specifications of the selected alternative. B. Provide support during the Contractor selection process and construction as directed by the authorized City Representa- tive for the project. ... : ~ < .e ,) , ~.- ~L'w . ~ , ~ .. * J ATTACMENT B CITY OF LA PORTE LIFT STATION NO. ~ SEWAGE COLLECION AREA BACK-UPS/OVERFLOWS '....~ 1. Phase I and Phase II work are to be paid , on a time and material basis according to Attachment C, Schedule of Charges for 1988, but shall not exceed $9,000.00 without written authorization. 2. PAYMENT BASIS MONTHLY NET 10 DAYS }~~: '-., !' . ~ .- '.'." '-.t..'. . ;".;,. . . . .\.. , .s~_~,.:-,-" , ." ..~-~ .J 1'//1 ..,....'.., JilR". t'tJ,;JI~;JJ.lf->Nj. ~\J \ . "..j\..\ .t.,' ~..~A;,;,....~.........~rja".v;...;:-.~..~~IUO"., ATTACMENT C SCHEDULE OF CHARGES FOR 1988 (Revised for First Quarter) CLASSIFICATION* Principal Principal/Senior Engineer Senior Engineer Junior Engineer Designer Senior Engineering Technician Junior Engineering Technician Senior Draftsman Junior Draftsman Clerical Automobile Truck Other Travel, Lodging, Meals ~ Reproduction, etc. e CHARGES $100/Hour $ 75/Hour $ 55/Hour $ 40/Hour $ 45/Hour $ 35/Hour $ 25/Hour $ 35/Hour $ 22/Hour $ 22/Hour $.35/Mile $.50/Mile Cost plus 107. *Unclassified labor charges are calculated at 2.2 times base payroll cost. .. , '" - '0 Ii 9~4 I~' .. .. ;, ., ~ '" '\ G;) ~ @ I 2.79 ~-..------ ~ )1 66" ti5o' p~ ~ b. 60.' @.... ~. ~~r~~~~'.~\ ~!j g ~ qg . If\: ( :.' .1.Z'~"1i _"~),( ~_ , '. ~ A I :M:'~.J- ....l~- ~ ~ : '-- . ) .." '=';''':' ~ - ~ . :. OJ: -"-' '- . . ~ "., .. 567 \ #~ "'" ..,( i.... ~.( ~/.. ~ I I I I II #4 , c~' .;q~; \,-Q! I ~ ! ',I. 6 I ',r .. "",0< ~ i ,'I i<i -I L..... ~'\ 2 ri +:~\ : ~'~.., / \'l ~ :~~". \ ..__,. . 4"r", \ n(lN" I.... ( '.':~ ..... OoOo~ ....,. .". ~\ (;:-q~ :.. _,,? l' , . "'\ \ . ....~-~ ,---., \' i"'n 0 \ " I , .. . \ ' J I I \ ,I I I \~/ U .. \ .. : 4,98 " @ r .. t',,,-~ f ~j~ ~ 15 \ \ , .....i:.. .. ......... - I \ 1\ \ ~i 2 ., f@, I ,," "'" ,,- 0.00 , .... II nO'" ...... II 11.01 ) @) @ \ I t '. :Il'.. ~4~. .....~:.. _'I 2'48~l:.f,@, 60" I ~. .,... , ~l ,t I L_..-..J' .:" -"lL-~~tl'" , 1 ti .. '. i ttc: -----------....t' ---..-..-----....r:-;, ; I \ \ ' I ..' \ \ \ il \\ '\ ____-t '\ \\ " \\ .. ~ ,~ Q \ , , '\ , \ .. ~- ~.~ . ~'- ~...i~;.';41 I .:# 7 : t( 10 l~' :, . , Gi03 ," "i' ,i' -\ " U.~ \'- 0'. ~ ~ ( \:, @": 1.33 .: OJ: ~ 5.98 "Q): - - n: \"-' '"7 !:\\''''/: l.' ! 1 \: ") < \ \: / ;' \ l-l: Lj. ....:, o 840 :@ ~: ~ ~. , , !I\ / ~ ~\ ~\ -~ .6~- ., ~,lI\ \ 'C>\ ,,", .' ..... 17 ~, .\~ J " '.. " ~ ..' -. ":, \ . .' .-." ,'" '6 ',', . . ...~' . , ! " ~ I , I ~J ~lJl"~ N _ .,' I ~ ,~ I -.- I . I , I > ..I .1 - I "Y' ~dl . - . " , - - ..I ". , ~- ~ . .... ."" .... .".," ..... ,. . .... " " ,~ . .1\~ I . i . I ;\,'\~) . \12 .B~ . , l\ , .... ~- ~ ~ ~ .> ~~~~ .. ".. ., ..... r- . ~ ~ ~ '. -%: I ... : I 1- ... ., ~ "'. ....... ',. '. ;" ~::.'l: ; .. ~.-~, \ t I Z 7 " 'b '-I' I , / . o I ZOO; . Jf T / ~ '" I I I 9, I ~./1 : zr . 46 '., 0 z"r> ...~, .., "", l~~ 30 S.P~ ON .~ 7-- 'Oo,',!@\ill-J-r" J 36" "" ^~..\ j<, )( ,. /~. ~!7 .... l ~~(,.... 10~ It- .' ~i .. '", ,....,. ',</1 00; 'c... i:b , "'3.:. '. ". Lift St'ation # 5 """"9'0 1l,_.:J Service Area :1 St~~1 A' ; U"~ U I , J " , .-1- - , I : , 5~ '!J ~! :.n: -. :@4-'..-"'~ ~9~ ",.- e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22, 1988 Requested By: stan Sherwood Department: Parks & Recreation x Report Resolution Ordinance Exhibits: See Attached Letter SUMMARY & RECOMMENDATION Attached is copy of revised contract with Concessions Management Services that will allow mixed drinks to be served at Sylvan Beach for functions covered under 31.03 of the TABC Code. This will allow non-profit organizations to serve mixed drinks when requested by these organizations. Action Required by Council: Council Approval Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda OOW \, ~~ Robert T. Herrera City Manager '( - I ~- 8~ DATE :. i~)~Jiir.e _. ,~rPti ~~;-II- 9iL:-~ GO,..CESSIONS MANAGEMENT SERVICE, INC)<;~ y:t~.I, ::Mfitt~ ""';~~"""~ ';~'~f~':: ~~J': ~ .'f' " y-' /;..-. :};,)$~~. ::;,,1 0 191}' '" '.;.:~- .!. ,,-';";~kt':-. "~-.; !~;.~ ' :-.....':....;::!. 1 .-:;: '. ",.,';1-?j.,.. ,,L ~" ': ~~'i:.'.':l.~~':-..;.. ~~Mr'~" ol)ert T. He:rrera \cfty'tflanager ,[c', '~.CITY4bF", LA PORTE:" .~ p ~f" ,~~R' -'~,' 111 5 .' ,..,~', ' " :"t." ox .'tl.,;'k;. :tf~~' ': ,.tt'~, Texat{fr7571 ;~~~JL, .,it;' , .:Dea:'f;;~.Mr. Herrera: . "1" i ,..,~..:~~.,> ,"'-,"- ., .~:},;W}~~~):~,-,~3iJr "Or!t~iY~~21, 1987 the City of La Porte, as Owner, and 'Con;c.E:tr3sions Management Servi ces, Inc., as Supplier, entered :.In:~(,';r~<food, b.ev~rages and concession agreement, relating to Sy~~n1'Beach C9nvention Center, pursuant to approval of our firms' bid response to City's Request for Proposal No. 0016, ,p~:::;city. Council, on May 11, 1981. . . ~ ':! - . , the agreement, our firm obtained a beer and wine per~; from the Texas Alcoholic Beverage As.y.ou.know, a very small percentage of the leases at Sylvan Beach~Convention Center are to charitable and non-profit :,;'orgilniz'ations';~':.s1ich as chambers of commerce, which wish to !~'~;~~.*i~~t:~~f~i' ~~i~~ ~~~~e::s ~~: ~~l~e;~e t~~~~d dr'lnks ,to{::tiieir gu.ests.~~' The TABC has ruled that any event to which ,ticket~ are sold, and at which alcoholic bever~ges are ser.ved~"consti tutes a sale, which must have a permit. Under ':S43ction31.03 of. the TABC Code, a daily temporary mixed :,;'.tb~y;pr~~ge permit'.'may be issued to a political party or" ::ip.(5'l:i;~l~al assoc,!:ation, a civic organization, a fraternal <,'or'ga#~~ation in :existancecfor over five years wi th regular 'membership, or to a religious organization, provided that the,'(T~BC shall not issue more than two temporary mixed beverage permits in each calendar year to a group who does not,hc)ld' a mixed beverage pe rmi t. ' ',However, the T,ABC cannot is~~ue a daily temporary mixed :bave'rage permi1(at Sylvan Beach Convention..Qenter, so long aS9ur. firm hol(ia a permanent beer and wine permit on the , saine;,:premises. .- 'II' .;.:-'.".",' :" : ~ ~:I~? ~t::}:~..:.. . .. i . .. .::..~' .' ,j~~l~pn Q^V I:;~R , .... Dr...., 'nv"C 771:;71 71 ~I.dA7-A"~7 e e -2- As you have notified me, the City of La Porte would like to be able to accomodate civic and Cflqritable organizations for their banquets and, to do so, the City of La Porte requests that we agree to amend the Agreement behreen (jilt' :fi rm and the City of La Porte. We propose to amend the Agreement in the following particulars only, all other provisions of the contract to be unchanged, and to remain in full force and effect. 1. Our firm will withdraw its permanent beer an<l~l i ne on premises permit with the TABC, and instead, take out a temporary permit under Section 72 of the 'J'A!3C Code, for each event which we serve at Sylvan Beach Convention Center. We will deduc.t from our gross receipts payable to the Ci ty of La Porte for each such event, the State fee for a temporary license, which is presently $30.00. The city ~ill provide notary service at no charge. 2. Our firm will continue to be the exclusive provider for beer, wine and set ups, as provided in our present agreement with the City of La Porte. Patrons must not be allowed to bring any of the above items into the building. This is the responsibility of the City of La Porte and MUST be enforced by them. 3. Only political, charitable, CIVIC fr~terna1 and religious organizations which meet the definition of Section 30.03, TABC Code, will be allowed to obtain the daily mixed beverage permit for their functions. They can only obtain a mixed beverage permit in conjunction with a banquet. Our firm must be notified of all groups wishing to obtain a mixed beverage permit. Our firm will be given the exclusive right to handle any cash sales of alcoholic beverages as defined by the TABC. We will be responsible for reembursing the 1easee for the cost of the temporary mixed beverage permit. The present fee is $50.00 per day. We will be responsible for the purchase of all product, paying of servers and the state taxes. We will pay the city 26.5% of all alcoholic beverages whether sold for cash or billed to the lessee; instead of the present 10% caterine ch~rBe. The price for 1.25 ounces of call liquor will be ;~2.50. The present price for wine and bee r s h~ill rema in i.lnch::lnged. 4. The agreement between our firm and the City of La Porte will be extended four (4) years from the date of the approval of this agreement by the city. Of course, these changes will not affect our fir"!)'.:; .3tatus as an approved food caterer, on the City's approved caterer list for the Sylvan Beach Convention Center. e e -3- We appreciate your consideration of this request. If this amendment is agreeable to the City, please note your agreement by signing and returning to our firm, the attached cop.y of this letter, keeping the original signed copy as your copy of our amended agreement. Sincerely yours, CONCESSIONS MGT. SERVICES, INC. BY: ~~~ \....- ACC~PTED AND AGREED: CITY OF LA PORTE BY: Robert T. Herrera City Manager Date: cc: Mr. Stan Sherwood Director of Parks & Recreation City of La Porte e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM FEBRUARY 17, 1988 FROM: John Joerns, Assistant City Manager ~ Stan Sherwood, Director Parks & Recreatio~ TO: SUBJECT: Mixed Drink Percentages The following is a list of convention centers in the area, and the percentages they charge on mixed drinks. George Brown Convention Center - Service America 853-8000 25% of mixed drink sales to City of Houston Moody Foundation of Galveston Convention Center (409) 762-9608 12% of mixed drink sales to Moody Foundation Pasadena Convention Center 487-4331 6% of mixed drink sales to City of Pasadena If any additional information is needed, please advise. SS/ms Existing Contract: C.M.S. ha~clusive contract at Sylvan Beach for b~, wine, set-ups and snacks. C.M.S. was required to obtain beer and wine licenses as per contract. e C,II,S. IXCLUSIVE COHrI\ACT FOil IIEEII, IIINlC, SET-l1PS , COHC:ZSSIOHS C.II.S. OPERATIONS SUSPEM'DI!:D . II.EOUUT TYPE OF FUHCTION ADKISSlOH PllACTla:S C.II,S. OPEIlATlHG or LESSU 1. Privata Par~y MO AdIl1..iona a..e , Win. (aold by C.M.I.) a..e , Wine (Invitation only) Mo Donationa (a) rn. Y ~ . (It eaah aar Y . Mixed Drinka JU:n4 Dd.. (al me, (8) i'ne G) It eaa" lu Cu" au 't . a.'t.o.l. T . 2. peivata 'aety Adaiaaion Char98 ...e . Wine (sold by C.X.I.) S.ac I Wine Donation .equineS (a) Fr.. Y N (al Fn. Y II eaa" su Y (b) eaall IU' Y lI1Jl.d Drinka lI1Jl.d Drinka (.1 me Y ~ It eaall au 't a.l.o... II J. Public Danc. Adai..ion CIIar'l. ..ac I wine (sold by C.M.S.) a..e , Wine Dona~ion .equir.d (a) Fr.. (a) rn. Y, Cu" IU Y (bl Cuh aar Nix.d Drinka lIixed Drinka (a) rn. b Caa" Bar aae a.Y.o.s. 4, Priv&u B&nqu.~ No Acllaiaa10na ...r I Win. (aold by C.M.S.I a..r , Wine No Dona~ion. (a) rr.. <!> (a) rn. @ " (bl eaa" Bar N (b) ea." IU Y X1x.d Drinka Mixed Drinka (a) Fr.. G> " b eaall Bar Y " a.Y.o.I. Y II S. Private Banquet Admi..ion Char'le I..r , Wine (.old by C,M.S.I leer , lIine Donation lIequired (.1 rr.. Y W) (al rr.. Y (bl ea." lar Y M (bl Ca.h lar Y Mixed Drink. Mixed Drink. (a) rn. (b ea." lar lar I.Y.O.I. 6, Non-Profit Banquet Ho AdnUuion. I..e . Win. (.old by C.M.S.I leer , 1I1n. No Donation. (a) rn. y <E> (al Free @ II (b) ea." lar Y H lbl Cuh aar y Mix.d Drink. Mixed Drinks (al Free N (al rr.. ~ b ea." Bar bl eaall aar I.Y.O.I. Y . 7, Mon-Profi~ aanqu.~ Adai..ion Charve leU . .1M (so14 by C.X.I.) "'r I wine Dona~ion ..quir.d (al me . Y @ (a) Fr.. Y " 0> ea.h liar' " (bl eaa" aar y lI1Jl.d Drinka X1x.d Drinka (a' Fr.. b eaall Bar I.Y.O.I. proposed Contract: C,M.S. haJlllclusive contract at Sylvan Beach for beer, wine, set-ups and snacks. C.M.S. has exclusive rights to obtain daily mixed beverage permit when requested by Lessee as per section 30.03 TABC code. e C.M.S, IXCWSIVE co~ FOR dEER. IIINE, SET-UPS 6 COHCZSSIOlIS C.M.S. OP&IlATIOl1S SUSPIMtlED . llEQuzsr TYPI or FUNCTION ADKISSIOK PRACTICES C.M.S. OPEIlATING or tzSsu 1- Pdvate Party No AdaJ...ion. leer 6 lIine (.014 by C.M.S.I I..r 6 lIine (Invitation onlyl 110 DoMtion. (al rree T ~ II b c..h lar T Mbe4 Dr1nlt.. (al Pr.. II ~ II (10 c..h Bar I.T.O.I. II 2, Privat. Party Adai.a1on Charg. "'r I Wine (11014 by C.M.S.I I.ar , Win. Donation Raqu1re4 Cal Pr.. T Cal Praa T I c. ah Bar T lbl c..h lar T MineS Ddnlt.. Mixe4 Dr1nlt.a C., Pue CIt c.ah au ..T.O... 1. public Dance Acla1..10n Charge "er I wine CII01eS by C.M.S.I I.er , lIin. DoMtion RequireeS C., rr.. @ (al rraa T 101 c.ah Bar N (101 Cuh au T MbeeS Ddnlt.a Mbed Ddnlt.. (a, rre. T ~ (al rree (10 Caah lar T 10 c..h lar I.T.O... N I.T.O... 4, Private Banquet No Admiuions ..er , Wine (aoleS by C.M.S.I I..r , wine No Donation. Cal rre. T ~ (al rre. G> II bl c.ab lar (bl Cuh Bar T Mix.eS Dr inka M1x.4 Drinlt.. Cal rr.. N (al rr.. &> N c.ab Bar (b c.aIIlar r I.T.O... II 5, private Banquet Admis.ion Charge aeer , Wine (soleS by C,M.S,I aeer , Wine Donation RequireeS Cal rre. <F> (al rra. T (bl c.ah au II (101 Cuh au T MbeeS DrLnlt.a "beeS Ddnlt.s Cal rre. T ~ 10 c.ah aar T I.T,O... T II 6. Non-Profit Banquat No AdaJ...iona I..r I Wine (aold by C.M.S.I .e.r , Win. Ito DoM tiona (al rr.. G (al rr.. (i) II lb c.ah au y It (101 Cuh au T MineS Drinlt.. MineS Ddnlt.. Ca, Pr.. II (J II b c..1t Bar T II 1.".0... T II ,. lion-Profit .anqu.t AdaJ...ion CharC]& leU . 111M (8014 by C.II...1 Donation R.quir.eS Cal me . '.;, (j) lb Cub Bar lIix.eS Drink. Cel Pre. Cb Ca ah Bar ..T.O.I. REOUEST F~CITY COUNCIL AGENDA ITEM ~taze~/B~oneo ., 0228 r Agenda Date Requested: Feb~ua~y 22, 1988 Requested By: J. L. S ea-6 e Department: Fi~e x Report Resolution Ordinance Exhibits: BIV TABULATION, MEMO FROM PURCHASING, MEMO TO FIRE CHIEF SUMMARY & RECOMMENDATION Seated bid-6 numbe~ 0228 we~e opened on Feb~ua~y 9, 1988 nO~ a Btaze~/B~oneo type vehiete nO~ the Fi~e ~epa~tment. Thi-6 i-6 a ~eptaeement vehiete nO~ a unit that wa-6 auetioned onn in the ta-6t City auetion. Fund-6 we~e budgeted nO~ in the Moto~ Poot Reptaeement Fund. The Fi~e Vepa~tment Stann ~eeommend-6 Couneit awa~d the tow bid On $16,980.37 -6ubmitted by RU-6-6ett & Smith Fo~d, whieh i-6 betow the budgete~. amount. Action Required by Council: Awa~d bid to ~eeommended bidde~ Rejeet att bid-6 and ~e-bid Availability of Funds: General Fund Water/Wastewater X g~h~;aho1~~r~~~~e~~ptaeemen.:c /-un~enera1 Revenue Sharing Account Number: 009-500-501-856 Funds Available: ~ YES NO Approved for City Council Agenda ~J~t T- ~~ Robert T. Herrera City Manager '(.- \~ -w DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM SUBJECT: Joe Sease, Fire Chief Louis Rigby, Purchasing Manage~ 1 Sealed Bid #0228 - Truck - Blazer, Bronco Style TO: FROM: DATE: February 16, 1988 Advertised sealed bids #0228 for a Blazer or Bronco style truck were opened February 9, 1988. Bid requests were mailed to six area dealers with the following five returning bids: 1) Chuck Miller Ford, 2) Knapp Chevrolet, 3) Joe Camp, Inc., 4) Russell & Smith Ford, and 5) Les Marks Chevrolet. Low bid was submitted by Russell & Smith Ford for $16,980.37. Assistant Chief John Dunham reveiwed the bids for compliance to specifications. Please submit your recommendation along with an agenda request form by the prescribed time before the next regular Council meeting. If there is a need to delay bringing this bid to Council, please notify me. Attachment: Bid Tabulations e e \ \ \ SEALED BID 110228 Chuck Knapp Joe Camp Russell & Les Marks Miller Chevrolet Ford Smith Fore Chevrolet Truck - Blazer, Bronco Ford Style 1. Truck l7, 851. 40 16,992.00 l7,360.95 16,980.37 l7,532.00 2. Deliverv in Davs 60+ 60 75 4')-60 ')0 1?() l U1 I 1 I I 1 L I I T I 'L__ I . . . HU___ - INTER-OFFICE MEMORANVU~ e VATE: Febnuany 16, 1988 TO: F~ne Ch~en J.L. Sea~e FROM: John C. Vunham-A~~~~tant F~ne Ch~en SUBJECT: REVIEW OF 4WV PICKUP BIVS We have neee~ved the b~d~ neee~ved on Tue~day, Febnuany 9, 1988 non the BtazenlBnoneo type veh~ete. The tow b~dden appean~ to meet the C~ty On La Ponte'~ Spee~n~eat~on~ a~ wn~tten. Thenenone, we neeommend the b~d be awanded to KNAPP CHEVROLET, ~n the amount On $13,454.00. ]O~nhOm-A^^t. Fi~e Chie REQUEST FdltcITY COUNCIL AGENDA ITEM 4It 4WV P/U 0229 , Agenda Date Requested: Requested By: J.t. Se.a-6e. X Report Fe.bJwany 22, 7988 Department: F,[ne. Resolution Ordinance Exhibits: B'[d tabulat,[on, Me.mo 6nom Pun~ha-6,[ng, Me.mo to F,[ne. Ch,[e.6 SUMMARY & RECOMMENDATION Se.ale.d b'[d-6 numbe.n 0229 we.ne. ope.ne.d on Fe.bnuany 9, 7988 60n a 4WV p'[~kup 60n the. F,[ne. Ve.pantme.nt. Th,[-6 ve.h'[~le. ,[-6 a ne.pla~e.me.nt ve.h'[~le. 60n a 7978 Che.vnole.t p'[~kup. Fund-6 we.~e. budge.te.d 60n ,[n the. Moton Pool Ve.h'[~le. Re.pla~e.me.nt Fund to ne.pla~e. th,[-6 un,[t w,[th a tnu~k e.qu,[ppe.d w,[th the. ne.~e.-6-6any lange.n e.ng,[ne. and a~~e.-6-6on,[e.-6 to -6e.nve. mone. 6un~t,[on~ than the. pne.~e.nt un,[t ~an a~~ommodate.. The.~e. 6un~t,[on~ ,[n~lude. but ane. not l,[m,[te.d to: 7. 066 noad 6,[ne. and ne.~~ue. 2. Pull,[ng the. Haz/Mat tna'[le.n 3. Pull,[ng the. Foam tna'[le.n 4. Haul,[ng 6,[ne. ho~e. ,[n 6nom 6,[ne. ~~e.ne.~ 5. H,[gh wate.n ~apab'[l'[t'[e.~ dun,[ng 6lood ~ond'[t,[on~ The. F,[ne. Ve.pantme.nt ~ta66 ne.~omme.nd~ Coun~'[l awand the. low b'[d 06 $73,454.00 6nom Knapp Che.vnole.t,wh'[~h ,[~ be.low the. budge.te.d amount. Action Required by Council: Awand b'[d to ne.~omme.nde.d b'[dde.n. Re.je.~t all b'[d~ and ne.-b'[d. Availability of Funds: ;( General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Moton Pool Re.pla~e.me.nt Fund Number: 009-500-507-855 Funds Available: ~ YES NO Account Approved for City Council Agenda @~~ ~ ~~ Robert T. Herrera City Manager ~- t ~ - e,~ DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Joe Sease, Fire Chief Manager~~ FROM: Louis Rigby, Purchasing SUBJECT: Sealed Bid #0229 - Four Wheel Drive Pick Up Truck DATE: February 16, 1988 Advertised sealed bids #0229 for a 4WD Pick Up Truck were opened and read on February 9, 1988. Bid requests were mailed to six area dealers with the following five returning bids: 1) Russell & Smith Ford, 2) Chuck Miller Ford, 3) Joe Camp, Inc., 4) Les Marks Chevrolet, and 5) Knapp Chevrolet. Low bid was submitted by Knapp Chevrolet at $13,454.00. Assistant Chief John Dunham reviewed the bids for compliance to specifications. Please submit your recommendation, along with an agenda request form, by the prescribed time before the next regular Council meeting. If there is a need to delay bringing this bid to Council, please n~tify me. Attachment: Bid Tabulation e e \ \ \ - \ SEALED BID 110229 Russell & Chuck Joe Camp, Les Marks Knapp Smith Ford Miller Inc. Chevrolet Chevrolet FOUR WHEEL DRIVE Plu Ford \ \ TRUCK \ 1. Pickup Truck (4WD) 15.568.83 11; Q71 n lfi 'lR'l RO 1 ':t R ':to () 1 1':l /. r::/. nr 2. Deliverv in Davs 50 fiO+ 4'l-fiO 120 fiO -- n INTER-OFFICE MEMORANVUM tt e Vate.: Fe.bnuany 16, 1988 To: Fine. Chie.n J.L. Se.a~e. FROM: John C. Vunham-A~~i~tant Fine. Chie.n SUBJECT: REVIEW OF 4WV PieQup Bid~ We. have. ne.ee.ive.d the. bid~ ne.ee.ive.d on Tue.~day, Fe.bnuany 9, 1988 non the. 4 WV PieQup. The. low bidde.n appe.an~ to me.e.t the. City On La Ponte.'~ Spe.einieation~ a~ wnitte.n. The.ne.none., we. ne.eomme.nd the. bid be. awande.d to RUSSEL & SMITH FORV ~n the. amount On $16,980.37. ~e-~- / Joh~~V~nham-A~~t. Fine. Chie.n e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: ~ 22. 1988 Requested By: L. RIGB Department: Report Resolution PURCHASING Ordinance Ex hi bit s: LETTER OF RECOMMENDATION BID TABULATION SUMMARY & RECOMMENDATION The yearly contract for water and sewer supplies is due for renewal. These are items that are kept in warehouse inventory for use on an as needed basis. Sealed bids were received for these supplies. Staff recommends one year contracts be awarded as follows: Section A - Brass and Bronze - Utility Supply - $29,951.24 Section B - Tapping Saddles - Golden Triangle - $ 4,751.56 Section C - Clamps, Couplings, Pipe, and Pipe Products - Golden Triangle - $ll,017.53 Section D - Rubber Adpators, Misc. Supplies - Golden Triangle _ $5,196.82 Section E - PVC and Polyethylene Products - Aqua Utility Supply _ $12,970.00 Action Required by Council: Approve awarding one year contracts to low bidders. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Various Funds Available: x YES NO Approved for City Council Agenda ~T; ~~ Robert T. Herrera City Manager '6- \<6 -~~ DATE . - CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: SUBJECT: File ID ~ Louis Rigby, Purchasing ManagegtJ-\., \ Sealed Bid #0226 - Water and Sewer Supplies FROM: DATE: February l6, 1988 Advertised, sealed bids #0226 for water and sewer supplies were opened and read on February 8, 1988. Bid requests were mailed to seven area suppliers with the following five returning bids: 1) Utility Supply, 2) Janco Pipe and Fabricating, 3) Aqua Utility Supply, 4) Golden Triangle, and 5) The Rohan Company. Supplies were separated into five sections by type. Following is a list, by section, of low bid meeting specifications: Section A - Brass and Bronze - Utility Supply - $29,951.24 Section B - Tapping Saddles - Golden Triangle - $ 4,75l.56 Section C - Clamps, Couplings, Pipe, and Pipe Products - Golden Triangle - $l1,017.53 Section D - Rubber Adaptors, Miscellaneous Supplies - Golden Triangle - $5,l96.82 Section E - PVC and Polyethylene Products - Aqua Utility Supply- $12,970.00 Purchasing recommends awarding bid, by section, to low bidder. Attachment: Bid Tabulation . . \ \ - \ SEALED BID #0226 WATER and SEWER SUPPLIES UTILITY JANCO AQUA UTILITY GOLDEN ROHAN COMPo SUPPLY PIPE and SUPPLY TRIANGLE FABRICATING \ ". Se~Tion A - Brass & Bronze 29,951.24 NB 3l,152.77 33,892.90 30,203.90 Sel"H nn B - Tannino- Saddles 4.797.80 8,575.48 7,402.14 4,751.56 4,770.l0 Section C - Clamus. Couulin2:s. Piue and Pipe Reuair Products. 11,328.68 11,524.83 12,373.58 11,017.53 11,261.67 Section D - Rubber Adautors MiA~ Sllnnl;",,,, 6 89'1 63 NB 6.115.74 5.196.82 5.636.25 Section E - PVC & Polvethy- lene Products 13,121.48 NB 12,970.00 13,384.20 13,812.40 TOTAL 66,094.83 70,014.23 68,243.01 65,684.32 e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: 22 1988 L. RIGB Department: PURCHASING Report Resolution Ordinance Ex h i bit s : LETTER RECOMMENDATION BID TABULATION SUMMARY & RECOMMENDATION The yearly contract for chemical, insecticides, and janitorial supplies is due for renewal. These are items that are kept in warehouse inventory for use on an as needed basis. Sealed bids were received for these supplies. Staff recommends one year contracts be awarded as follows: Morse Wholesale - Items l, 2, 3, 4, 5, 6, 7, 8, 9, 12, 14, l7, 20, 23, 25, 26, 27, 28, - $4,938.57. Maltz Paper & Chemical - Items 11, 13, 15, 16, 18, 19, 21, 22, 24 - $2,355.79. Act ion Required by Council: Approve awarding one year contracts to low bidders. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Various Funds Available: x YES NO Approved for City Council Agenda G2~ T, ~ Robert T. Herrera City Manager 'l-l Q -~'6 DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: SUBJECT: File Louis Rigby, Purchasing Manage~~ Sealed Bid #0225 - Chemical, Insecti~ide~, and Janitorial Supplies FROM: DATE: February 16, 1988 Advertised, sealed bids #0225 for chemical, insecticides, and janitorial supplies were opened and read February 8, 1988. Bid requests were mailed to six area suppliers with the following four returning bids: 1) Morse Wholesale, 2) Allstates Chemical, 3) Maltz Paper and Chemical, 4) Zep Manufacturing. Low bid meeting specifications was split between Morse Wholesale and Maltz Paper and Chemical. Purchasing recommends awarding bid as follows: Morse Wholesale - Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 14, 17, 20, 23, 25, 26, 27, 28. Maltz Paper & Chemical - Items ll, l3, 15, 16, l8, 19, 21, 22. 24. Attachment: Bid Tabulation (EXTENDED PRICES) I e ( , Sealed Bid 11225 A Allstates Chemical, Insecticides Morse Maltz Pape Zep and Janitorial Supplies Wholesale & Chemical Chemical 1. Bleach, Liquid Chlorine - 1 Gallon bottle, Minimum strength 5.25% Chlorine 180 Bottles 132.84 l58.40 NB NB 2. Cleanser Chlorinated - 21 oz. Can Comet or equal 48 Bottles ?!" 00 24.00 NB 9"17 . 92 3. Degreaser. Industrial Strength 55 Gal Drum - 55 Gallons A. Butyl Based 98.45 109.45 165.00 238.15 B. Concentration minimum 10-1 4. Degreaser, Gallon Bottle A. PH Concentrate 12 min. 13.9 max. B. Shall be noncaustic C. Shall have excellent wetting abilities and emulsification qualities . 24 Gallons !,,? at:. 59.76 151. 20 129.12 5. Deter2ent. General, Gallon Bottles A. Detergent shall be liquid C. Shall leave no film I 1--- - I I I l j I I t~_ L_ L n_ B. Water Soluble D. Shall be harmless to surfaces ~ - -- I l I -.-- e - : ( i Sealed Bid 11225 i .. I Chemical, Insecticides Morse altz Pape Allstates Zep I and Janitorial Supplies Wholesale & Chemical Chemical I I I 5. Detergent - Continued i ! I E. Dilution rate 1-40 , I F. PH Concentrate 8.5 min. - 10 max I G. Nonvolatile Solids - .10 min. I Technical Data Sheet must accompany bid I I 180 Gallons 349.20 520.20 77 4. 00 959.40 6. Dishwashing Liauid - Quart Bottles Lemon Joy or equal 36 Quarts 57.60 NB NB 66.78 7. Disinfectant Cleaner - Gallon Bottles A. Free Flowing liquid B. Water Soluble , ! C. Nonirritating to normal skin D. Dilution Rate 1-64, i E. Color to be green F. Must kill S~aphlvoccoccus Aureus G. Ammomium Chloride Content 3% H. PH 9.7 min. - l2.4 max. I. Nonvolatile Solids - 11% min. J. Phenol Coefficient S. Typhosa S. Aureus 144 Bottles 324.00 792.00 864.00 1 , 044. 01 " j~ } " ' c, e ( - Sealed Bid # 225 4 Chemical, Insecticides Morse altz Paper Allstates Zep and Janitorial Supplies Wholesale & Chemical hemical 8 Glass Cleaner - Gallon bottle T.Jin~..v or e(]ual - Must nrovide trigger sprayer 48 Gallons 86.40 90.72 NB 382.08 I Q T.i nl1i iI H::lnil Soan - Gallon Bottle ! i , 36 Bottles 86.40 122.40 180.00 215.64 I i 10. ton Renellant - 14 oz. ! . - " DEEP WOODS OFF" brand only NB NB NB 2.50 I I I i 11 Odor C" ......ractant - OT. Bottle , Zen Connner or Eaual 96 Ots. NB l29.60 278.40 443.52 i 12. Powdered Truck Wash - 400 lb drum. , Truck wash to be highest grade available i I w/lO% filler max. Truck wash that clo2s spray I ! wands will be returned to supplier. ! ; Tech Data Sheet must acCompany bid 1600lbs. 784.00 1,240.00 1,312.00 1,4l7.28 . 13. Trash Bags - 15" x 9" x 23" A. 1 mil thick 72 cases 1,123.20 894.24 NB NB B. Complete with ties. C. 1000 per case - flat boxed ; '. i e ( Sealed Bid 1/ 225 4 MORSE MALTZ PAP Allstates Chemical, Insecticides Zep and Janitorial Supplies WHOLESALE & CHEMICAL Chemical 14. Trash Bags 16" x 14" x 36" A. 1 mil thick 36 cases 323.28 571. 68 NB NB B. Complete with ties C 500 oer case - Flat Boxed 15. Trash Bags 22" x 14" 58" A. 1 mil thick 24 cases 407.52 372 . 00 NB NB B. Comnlete with ties C. 200 oer case - Flat Boxed 16. Wasn and Hornet Spray - 16 oz. Aerosol Zeo or Equal 48 Cans 108.00 107.60 230.40 201.12 17. Weedkiller - Semi Soil Sterilent 315.00 345.00 437.50 423.50 35 Gallon Drum A. Bromocil 2.3% B Penta-Chlorophenol : 5%,cmin. C Petroleum Base Drums will be delivered w/plastic pump or SOilwt for disoensing weed killer Technical Data Sheet and label must accomnanv bid. - - -- e (e Sealed Bid 1225 4 Chemical, Insecticides Morse Maltz Pape Allstates Zep and Janitorial Supplies Wholesale Chemical Chemical U. Commode Brushes 12 ea. 21.60 12.75 NB 26.76 19. Deodorant Blocks 120 ea. 43.20 32.00 NB 85.20 ?II Mnn H~<IIrl lh n'7 T ,<II" li'1 <II to n... ~ntu, 1 4R ~,q 85.44 86.40 NB NB 21. Moo Head 24 oz. Lav Flat or eaual 36 ea 92.l6 90.00 NB NB 22. Urinal Screens 24 ea 34.32 33.60 NB 38.40 23. Ft. Howard Flat Toilet TisRue 8 CaseR 319.60 384.00 NB NB 24. 2 PLv Toilet Tissue 24 cases 694.80 684.00 NB NB 96 l.'ol1'sner case 25. #202 Trumo Paoer Towels 539.28 752.40 NB NB 36 Cases (30 oer case) . 26. 11209 Trumo Paoer Towels 159.80 ??n nn NR NR 10 Cases 00 oer case) 27. 2 Plv Kit:c.h~n Roll Paoer Towels 815.04 892.80 NB NB 48 CaseR (10 oer case) 28. Kle~nex 16 " (10 hx n~,. ",qQ",) 395.28 495.00 NB NR BID TOTAL 7,463.37 9,220.00 4,392.50 5,771.37 - -----.- -.-- e e REQUEST FOR CITY COUNCIL AGENDA ITEM 1( Report rtment:pub1ic Works Ordinance Agenda Date Requested: Requested By: Steve Gillett Exhibits: 1. Sealed bid recap # 0227. SUMMARY & RECOMMENDATION Advertised sealed bids # 0227 for a cold aerosol generator were opened on February 8, 1988. Two (2) manufacturer repesentatives were mailed bid requests. ~fter research by the purchasing Department, these were only manufacturer found for this equipment. One (1) bidder, Adapco, Inc. returned bids for a Leco machine in the amount of $ 3,900. Staff recommends award of bid to Adapco, Inc. in the amount of $ ),900. Adequate funds were budgeted in the Motor Pool Replacement Fund in the Fiscal Year 1987-88 Operating budget. Action Required by Council: Award bid to Adapco, Inc, to the amount of $ 3,900. for purchase of a Cold aerosol generator. Availability of Funds: General Fund Capital Improvement Other Vehicle Replacement Water/Wastewater General Revenue Sharing Fund x Account Number: 009-700-701-861Funds Available: ~ YES NO Approved for City Council Agenda ~T/~ Robert T. Herrera City Manager 'L- ~ ~ -~~ DATE e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: rtment:public Works Requested By: Steve Gillett x Report Exhibits: Ordinance 1. Sealed bid recap # 0227. SUMMARY & RECOMMENDATION Advertised sealed bids # 0227 for a cold aerosol generator were opened on February 8, 1988. Two (2) manufacturer repesentatives were mailed bid requests. ~fter research by the Purchasing Department, these were only manufacturer found for this equipment. One (1) bidder, Adapco, Inc. returned bids for a Leco machine in the amount of $ 3,900. Staff recommends award of bid to Adapco, Inc. in the amount of $ ),900. Adequate funds were budgeted in the Motor Pool Replacement Fund in the Fiscal Year 1987-88 Operating budget. Action Required by Council: Award bid to Adapco, Inc, to the amount of $ 3,900. for purchase of a Cold aerosol generator. Availability of Funds: General Fund Capital Improvement Other Vehicle Replacement Water/Wastewater General Revenue Sharing Fund x Account Number: 009-700-701-861Funds Available: ~ YES NO Approved for City Council Agenda Robert T. Herrera City Manager DATE e . CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Steve Gillett, Director SUBJECT: Sealed Bid #0227 - Cold of Public Works Manage~~ Aerosol Generator FROM: Louis Rigby, Purchasing DATE: February 16, 1988 Advertised sealed bids #0227 for a cold aerosol generator were opened and read on February 8, 1988. After researching the Thomas Register, the Industrial Product Guide, and the Yellow Pages, and making numerous calls to generator dealers, I was able to find only two manufacturers of this type generator. Bid requests were mailed to each of these manufacturer representatives with only one returning a'bid. ,Adapco, Inc., bid a Leco machine for $3,900.00. I called the other representative to find out why he had not bid and was told they never got the bid package. It has not been returned to this department by the postal service so it was apparently lost in the mail. I discussed the specifications with him and the machine his company would have bid costs in excess of $5,400.00. Please submit your recommendation, along with an agenda request form, by the prescribed time before the next Council meeting. If there is a need to delay bringing this bid to Council, please notify me. XC: Orville Burgess, Street Superintendant e e REQUEST FOR CITY COUNCIL AGENDA ITEM Report Public Works Agenda Date Requested: Requested By: Steve x Resolution Ordinance Exhibits: 1. Bid recap for Sealed Bid # 0221. 2. Recommendation memo from Steve Gillett SUMMARY & RECOMMENDATION Sealed bids #0221 were opened and read on Janauary 25, 1988 for a hydraulic cleaning and vacuum unit. Bid specifications were mailed to six (6) manufacturer representatives with five (5) returning bids. Staff recommends allowing Industrial Disposal Supply's optional bid of a 60 gpm water pump for the reasons outlined in the attached recommendation. Low bidder, Gulf States Crane and Equipment Company, fails to meet specifications. Staff recommends award of bid to the low bidder meeting specifications, Industrial Disposal Supply in the amount of $105,860.00. Funds for this equipment were budgeted in Fiscal Year 1987-88 Vehicle Replacement Fund. Action Required by Council: Award bid to low bidder meeting specifications, Industrial Disposal Supply in the amount of $105,860.00. Availability of Funds: General Fund Capital Improvement Other Vehicle Replacement Fund Water/Wastewater General Revenue Sharing x Account Number: 009-806-806-856 Funds Available: ~ YES NO Approved for City Council Agenda ~ T, ~-- Robert T. Herrera City Manager a-l~-~~ DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM FROM: RO~ ~ra, City Manager DATE: February 16, 1988 Ste~illett, Public Works Director TO: SUBJECT: Hydraulic Sewer Cleaning and Vacuum Unit, Bid Recommendation Advertised, sealed bids for a hydraulic cleaning and vacuum unit were opened on January 25, 1988. Bid specifications were mailed to six (6) manufacturer representatives with five (5) returning bids. The low bid received was in the amount of $94,786.00 submitted by Gulf State Crane and Equipment Company. The unit submitted in this bid failed to meet most of the the required specifications in either the vacuum/sewer cleaner or the vehicle portion. The Scavenger I unit had no auxiliary engine as specified nor was the hose reel front mounted. A positive displacement blower was bid instead of the centrifugal vacuum compressor as specified. The cab and chassis bid did not meet specifications in numerous areas. The Gross Vehicle Weight was lower than that specified. The transmission was not a heavy duty transmission that we feel will be needed for use at the landfill. We feel that this unit failed to meet the published specifications and should be dropped from consideration of award. The water pump specified in the bid documents was rated at 72 gallons per minute. The only bidder able to meet this requirement was Industrial Disposal Supply with an 80 gallon per minute pump. This bidder included an option of a 60 gallon per minute pump. Texas Underground, Inc. bid a 72 gallon per minute pump; however, the supplied pump curve and engine horsepower failed to support their claim. Mr. John Stoneman of Texas Underground, Inc. stated in the cover letter transmitting the pump curve that his unit could not provide a continuous 72 gallon per minute rate. None of the bidders, other than Industrial Disposal Supply, can meet the specified pumping rate. In the interest of providing a competitive bidding environment, we feel that the deduct of $3,840.00 offered by Industrial Disposal, Inc. should be allowed. This would place all bidders on an equal basis of offering a 60 gallon per minute pump. Page Two ~ February 16, 1988 Hydraulic Sewer Cleaning and Vacuum Unit Bid Recommendation e By accepting the offered deduct from Industrial Disposal, Inc., the following is a recap of the bids offered: Gulf States Crane and Equipment Co. Industrial Disposal Supply Montgomery Municipal Supply, Inc. Texas Underground, Inc. Naylor Supply Company $ 94,786.00 105,860.00 106,249.00 107,492.00 110,553.00 It is the recommendation of Public Works that the low bid of $94,786.00 by Gulf States Crane and Equipment Co. be disallowed for failure to meet specifications and award the bid to Industrial Disposal Supply in the amount of $105,860.00. This amount includes the deduct offered for the 60 gallon per minute water pump. Funds in the amount of $120,000.00 were budgeted in the FY 1987/88 Motor Pool Replacement Fund for this purchase. SG/ xc: Buddy Jacobs, Assistant Public Works Director e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Steve Gillett, Director of Public Works FROM: Louis Rigby, Purchasing Manage~~~ SUBJECT: Sealed Bid #0221 - Hydraulic Cleaning and Vacuum Unit DATE: January 26, 1988 Advertised, sealed bids #0221 for a hydraulic cleaning and vacuum unit were opened and read on January 25, 1988. Bid specifications were mailed to six manufacturer representatives with the following five returning bids: 1) Gulf State Crane and Equipment Company, 2) Naylor Supply Company, 3) Montgomery Municipal Supply, Inc. 4) Industrial Disposal Supply, and 5) Texas Underground, Inc.. Due to the complexity of the specifications, I will furnish you with copies of the specifications and exceptions submitted by each representative so that you are able to make your recommendations. Please submit this recommendation along with an agenda request form by the prescribed time before the next regular Council meeting. If there is a need to delay bringing this bid to Council, please notify me. Attachment: Bid Tabulation -- - SEALED BID #0221 GULF STATE NAYLOR MONTGOMERY INDUSTRIAL TEXAS . RANE AND SUPPLY NICIPAL DISPOSAL UNDERGROUND HYDRAULIC CLEANING AND EQUIPMENT COMP ANY SUPPLY, SUPPLY INC. VACUUM UNIT OMPANY INC. 1 TYPE UNIT SCAVENGER CAMEL AOUATECH VACTOR VAC-CON 2. TYPE TRUCK GMC UNK. FORD FORD GMC ~ TnTAT. r:O!=;T $q4 7R6 00 $110 553.00 :$106 249.0( $109.700.00 $107,492.0( 4. Deliverv in Davs 10-40 n.<lV~ 120 D.<Iv~ IfiO-90 Davs 120-150 Dav~ 120-180DaYf Optional Pricing (submitted with bid) .- 60 GPM Rodder Pump (in lieu of 80 ($3,840.00) Price with Options $105,860.00 . . " . e . CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Mayor and Council FROM: Robert T. Herrera, City Manager DATE: February 17, 1988 SUBJECT: NO SURPRISES On the February 22, 1988 City Council Agenda, under the Consent Agenda, is a recommended bid award for a hydraulic cleaning vacuum unit. The water pump specified in the bid documents was rated at 72 gallons per minute. The only bidder able to meet this requirement was Industrial Disposal Supply with an 80 gallon per minute pump. This bidder included an option of a 60 gallon per minute pump. Texas Underground, Inc. bid a 72 gallon per minute pump; however, the supplied pump curve and engine horsepower failed to support their claim. Mr. John Stoneman of Texas Underground, Inc. stated in the cover letter (attached) transmitting the pump curve that his unit could not provide a continuous 72 gallon per minute rate. The five year warranty referred to in the letter is also offered by Industrial Disposal Supply. None of the bidders, other than Industrial Disposal Supply, can meet the specified pumping rate. In the interest of providing a competitive bidding environment, staff feels that the deduct of $3,840.00 offered by Industrial Disposal, Inc. shouJ_d be allowed. This would place all bidders on an equal basis of offering a 60 gallon per minute pump. Staff has visited with Texas Underground Inc. by phone and in person to discuss this situation, and has informed Texas Underground Inc. of their recommendation. It is possible that an aggressive salesman from Texas Underground will be at the February 22, 1988 City Council meeting to attempt to influence the Council to reconsider staff's recommendation. Staff feels that the best interest of the City would be served by allowing Industrial Disposal Supply to deduct $3,840.00 from the base bid, as outlined in their bid proposal. If I can answer any questions, please give me a call. RTH/gs ".;.! e e ~'"' Texas Underground, Inc. February 8, 1988 City of La Porte P.O. Box 1115 La Porte, Tx 77571 Attn: Steve Gillett, Director of Public Works Subject: Horse Power & Water Pump Curves Sir Please find enclosed Horse Power and Water Pump Curves. Steve, since 72 gallons per minute are not required on all applications in the City, and running time only on rare occasions exceeds 20 minutes, our horse power is adequate. To . help the City. of La Portes'decision in this matter, Vac-Con has included a 5 year standard Cummins warranty on the auxilliary engine. (4BT3.9-P Cummins) A letter faxed from Vac-Con stating this in enclosed. If there is further questions, please advise. Than you Sr. 1323 N. Main Street. Pearland, Texas 77581 . (713) 485~9900 ~ . e Honarable Mayor and Council City of La Porte 604 W. Fairmont pwy La Porte, TX SUBJECT: Fair and Equal Bidding Practices Reference: "Sealed Bid #2201" CC:Mayor Norman Malone Mayor Pro Temp John Loyd Councilmember Edward G. Clarke Councilmember Deotis Gay Councilmember Edward Matuszak Councilmember Alton Porter Councilmember Michael Shipp Councilmember B. Don Skelton, Sr. Councilmember Betty Waters e e VAC-CON, INC. Vac-Con is the fastest growing manufacturer of combination units in the world today. Vac-Con, Inc. personnel have marketing and manufacturing. Underground, Inc. have combined sewer cleaner market. over 52 years experience in Vac-Con, Inc. and Texas over 100 years experience in the Vac-Con is a subsidiary of International Metal, and Machines, Inc. which is a subsidiary of CRL Corporation, in Des Plaines, Illinois. CRL Corporation is an approximately 400 Million dollar per year corporation. . .. STATEMENT ~ ~ ~ m ~ ~ ~ Bid #2201 was let January 25, 1988. The award of this bid is scheduled on your agenda this council meeting February 22, 1988. This bid was sent out with a detailed set of specifications included a 72 gallons per minute pump. All vendors bid on criteria outlined in the published bid. Texas Underground, is the low bidder meeting those specifications. (Please see Tabulation.) that the Inc. Bid After the bids had been opened we were informed that the Department had made a mistake, and the specifications were being changed, from a 72 gallon per minute pump to a 60 gallon per minute pump. At this time, we would have expected that all vendors would have the opportunity to offer a deduct for the change in the pump. This is not the case. Only one vendor is being elected to include a Department now considers specifications. allowed the deduct. Because one vendor deduct in their original packet, the that vendor to be the low bidder meeting A change of specifications after the opening of bids, though unusual, would be acceptable, if all vendors concerned were given the opportunity to adjust their bids accordingly. To decide to change specifications after bid opening, and allow only one vendor to bid the changed specifications, is not normal bidding practice. We believe that it is in the best interest of the taxpayers of the City of La Porte to give each vendor a fair and equal opportunity to bid on equipment. (See Pricing) We ask that specifiacations specifications. the City of La Porte honor the and award to the low original bidder set of meeting (" r .,,- J ~' . ~ . - .- - ., . SEALED BID #0221 GULF STATE NAYLOR MONTGOMERY INDUSTRIAL TEXAS . RANE AND SUPPLY ICIPAL DISPOSAL DERGROUND HYDRAULIC CLEANING AND EQUIPMENT COMP ANY SUPPLY, SUPPLY INC. VACUUM UNIT OMP ANY INC. 1 TYPE TTNTT SCAVENGER CAMEL AOUATECH VACTOR VAC CON 2. TYPE TRUCK GMC UNK. FORD FORD GMC . ~ TnTAT r.nC::T $94 786 00 Isuo 553.00 1$106.249.0( $109.700.00 1$107,492.( .- 4. Deliverv in Davs 10-t.O n..vc::: 1?0 Davs 60-90 Davs 120-150 Dav! 12Q-,IBODav OPtional Pricing (submitted with bid) . -- 60 GPM Rodder Pump (in lieu of 80 ($3,840.00) Price with Options $105,860.00 \ - . . -- .. , - - . e Another issue that needs to be addressed is pricing. Please find below bid tabulations received by other Texas Cities in the last 30-45 days for comparable equipment. BID PRICING COMPARISON VAC-CON VACTOR City of La Porte Bid Date: 1-25-88 Bid Prices $107,492.00 $109,700.00 City of Greenville Bid Date: 11-4-88 Bid Prices $110,700.00 $102,365.00 Additional Cost Items not included in City of La Porte Specifications Estimated Add'l Cost Dual Fans - 200" Negative Water in lieu of 107" 240 HP Diesel in lieu of 210 HP Continious Water Fill System 800' Hose Reel in lieu of 600' 6BT Cummins in lieu of 4BT Cummins Deduct for 60gpm in lieu of 80gpm 6,000.00 2,000.00 800.00 1,000.00 3,000.00 (3,000.00) 11,000.00 Should be $11,000.00 higher than La Porte Vactor Bid City of Austin Bid Date 2-11-88 Bid Prices $125,050.00 $110,779.00 $116,539.00 Additional Cost Items not included in the City of La Porte Specifications Estimated Add'l Cost 240 HP in lieu of 210 HP 14 Yard useable Debris tank in lieu of 9 yard 1300 Gallons in lieu of 1000 gallons 62,000 GVW Chassis in lieu of 39,000 Deduct for 60 gpm in lieu of 80 gpm 2,000.00 3,000.00 3,000.00 10,000.00 (3,800.00) 14,200.00 Should be $14,200.00 higher than the La Porte Bid City of Arlington Bid Date: 2-16-88 114,821.00 Estimated Add'l Cost 111,880.00 Dual Fans-200" Negative Water in liew of 107" 240 HP in lieu of 210 HP Tool Box behind Cab Air Purge System Winter Recirculating System Extra 600' Reel of Hose Deduct 60gpm in lieu of 80 gmp 8,000.00 2,000.00 500.00 1,200.00 1,200.00 1,200.00 (3,800.00) 10,300.00 Should be $10,500.00 over the City of La Porte Bid e . e e ~ .. KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W. F"AIRMONT PARKWAY P. O. BOX 121B .JOHN D. ARMSTRONG. .J.D. ASSOC lATE LA PORTE, TEXAS 77571-1218 TELEPHONE 713 471-1886 February 8, 1988 Mr. John Joerns Asst. City Manager City of La Porte Post Office Box 1115 La Porte, Texas 77571 RE: Request of Bayshore Aerie No. 2753 Eagles' Lodge, La Porte, Texas, to re-zone lots 17 through 32, Block 149, City of La Porte, from residential to accommodate a parking lot Dear Mr. Joerns: City Council of the City of La Porte requested the City Attorney to provde them with an opinion concerning the above-referenced re-zoning application. As I understand the facts, the City Council of the City of La Porte has tabled a vote on the re-zoning application pending further investigation of the matter by the office of the City Attorney. As I further understand it, the Planning and Zoning Commission of the City of La Porte recommended to the City Council of the City of La Porte denial of the Eagles re-zoning request subsequent to the Planning & Zoning Commission's public hearing in consideration of said request on November 5, 1987. The Eagles requested the re-zoning in order to accommodate a parking lot that they desire to be constructed in order to provide additional parking for the Eagles lodge located adjacent to Lots 17 through 32, Block 149, Town of La Porte. The lodge is currently zoned General Commercial and Lots 17 through 32, Block 149, Town of La Porte are currently zoned R-l Residential. Section 5-600 Table A Residential of Ordinance No. 1501, the Zoning Ordinance of the City of La Porte, provides that off-street parking is an accessory use in R-l residen- tially zoned property. A parking lot is not a "stand alone" residen- tial use. Section 3-100 of Ordinance No. 1501 defines Accessory Use or Building as "...a use or building which is clearly incidental and secondary to a permitted use which does not change the character thereof...". Thus, a parking lot currently may not be constructed in a residentially zoned piece of property to be accessory to a commercial use. Further, a parking lot may not currently be constructed on residentially zoned property as a primary use. If Lots 17 through 32, Block 149, Town of La Porte were zoned GC General Commercial, the lodge and the adjoining commercially zoned e e P":::_ft Page 2 February 8, 1988 Mr. John Joerns property might be considered as a unified development, with the parking in Lots 17 through 32, Block 149, Town of La Porte being developed as a parking lot accessory to the lodge. Based upon the above cited facts, the Planning & zoning Commission, as noted, recommended denial of the re-zoning and forwarded the request to City Council for consideration. The implication of General Commercial zoning for the tract would be that if the property subsequently is redeveloped for any reason, the property could be developed consistent with any General Commercial use. The narrow question this letter addresses is then: Is there a vehicle consistent with State Law and the City of La Porte Zoning Ordinance that would allow Lots 17 through 32, Block l49, Town of La Porte, to be utilized as a parking lot while limiting the use of that property to a parking lot, and without a change in the zoning classification to General Commercial? If the City Council were to pass a re-zoning ordinance for Lots 17 through 32, Block 149, Town of La Porte that limited the use of the property to "General Commercial-parking lot only", there would be a clear legal problem. First, no such zone has been contemplated in the comprehensive plan passed and adopted by the City Council of the City of La Porte based on recommendation of the Planning & Zoning Commis- sion. Any re-zoning that occurs not in relationship to the com- prehensive plan is void on its face. Second, the practice of granting a specific re-zoning conditioned upon a promise by a developer of a piece of property to build a specific project or to refrain from certain types of building is called "Contract Zoning", and constitutes a bargaining away or a selling of the benefits of legislative power that rest in the City Council of the City of La Porte to private parties. Such contracts are illegal and void on their face. However, a method does exist in Ordinance No. 1501 that is approved by State Law, which would enable the City Council of the City of La Porte, based upon recommendation of the Planning & Zoning Commission of the City of La Porte to permit Lots 17 through 32, Block 149 to remain residentially zoned and be utilized as a parking lot in support of the adjoining commercial use. Section 10-201 of Ordinance No. 1501 provides that a Special Conditional Use Permit may be granted by the City Council for the construction of a building and/or the establish- ment of a use as described in this or any other section (of the Zoning Ordinance), on a tract of land in single ownership or under unified control. The purpose of the Special Conditional Use Permit procedure, as contemplated in Section 10-201 of the Zoning Ordinance is two-fold: e . ~_.. Page 3 February 8, 1988 Mr. John Joerns 1. To provide an approval procedure for all uses listed as "C" in any particular use district in which they are located; 2. To provide a general procedure which enables the Planning & Zoning Commission and the City Council to resolve matters in which a particular SIC use classification number does not appear in the zoning tables, or in which no listed regula- tions exist (or can be inferred) in the Zoning ordinance. In essence, Section 10-201 provides a conditional zoning procedure in the event of ambiguity or omission from the zoning text. Conditional zoning is legal, as opposed to contract zoning, discussed above, which is not legal. Conditional zoning is countenanced by the comprehensive plan, and is contained in Ordinance No. 1501. Texas Supreme Court cases uphold the concept of conditional zoning. The critical distinc- tion between conditional zoning and contract zoning is that contract zoning is not consistent with or pursuant to the comprehensive plan as adopted by the City of La Porte and constitutes an active and on-going effort between the legislative body and the applicant to proceed with a particular development project. Conditional zoning, on the other hand, is carried out pursuant to the existing Zoning Ordinance, and pursuant to the already existing procedures as established in the ordinance. Basic parameters are contained in section 10-201 and 10-202 of Or- dinance No. 1501, the most basic of which is that the conditional use permit, when granted, not be contrary to the comprehensive plan. In addition, 10-202 requires that the specific use as permitted be compatible with and not injurious to the use and enjoyment of surround- ing property, nor significantly diminish or impair property values within the immediate vicinity. Therefore, the Eagles may apply for, and, upon a favorable considera- tion by the Planning & Zoning Commission and the City Council, would be able to receive a Conditional Use Permit on Lots 17 through 32, Block l49, Town of La Porte, allowing the construction of a parking lot, while maintaining the current residential zoning on the property. By following this procedure if the parking lot conditional use permit is granted, the property would continue to be residentially zoned, and the use of the property could only change to be residential in character in the future. If the Planning & Zoning Commission and City Council so require, special conditions could be attached to the property regarding fencing, buffering, ingress and egress, and the like. This opinion does not address the question of whether or not the Eagles lodge would be able to construct the parking lot in question if the Conditional Use Permit is obtained. For example, I am advised that an alley exists and contains active utility lines between Lots 17 through e . ~_ft Page 4 February 8, 1988 Mr. John Joerns 32, Block 149 and the existing lodge, which might indicate that the two tracts cannot be considered as "unified". Also, problems regarding access points to the parking lot might arise. Even if the Conditional Use Permit is granted, all other applicable City of La Porte regulations concerning parking lots would apply, such as the Development Ordinance, Building Code, and applicable Zoning Ordinance regulations. If you have any further questions or comments, please do not hesitate to advise. JDA: rad cc: Mr. Robert Herrera City Manager City of La Porte Mr. Knox W. Askins City Attorney City of La Porte - e THE CITY OF LA PORTE MEMORANDUM FEBRUARY 17, 1988 TO: Mayor Malone and City Council THRU: Robert T. H~r era, City Manager John Joern . sst. City Manager Joel H. Albr cht, Director of Community THRU: SUBJECT: Everlina Thorton's Condemned Building Developmen~ FROM: On January 11, 1988, the City Council approved Ordinance 1573, which officially condemned the two buildings owned by Mrs. Thorton and located at 201 North 5th Street. Since the passage of Ordinance 1573, Mrs. Thorton has come to the City Council meetings wanting to have her structures removed from the demolition list and has told the Council that she has spent considerable money improving the property. Mark Lewis of our Code Enforcement D iv ision met aga in with Mrs. Thorton and expla ined to her the problems with the struc tures. Mr. Lewis did find several small (two foot square or less) pieces of plywood nailed over the walls, floor and ceiling. These pieces were nailed directly over the rotten studs and joists. The plywood was water stained, buckling and pulling free from the ceiling in the front duplex. Mr. Lewis does feel these buildings are dangerous and should be removed. These same two buildings were part of the twelve building package presented to the City Council on December 16, 1985. A few days prior to the Council meeting Mrs. Thorton placed an occupant in the front duplex which removed the structure from the list. Mrs. Thorton then requested permission from the Counc il to be allowed to have time to repair the other building and bring it up to code. The City Council did grant Mrs. Thorton's request and remove the structures from the demolition list. Since December 16, 1985, Mrs. Thorton has not brought the property up to standards and again both structures have been brought to the City Council's attention for demolition. At our last City Council meeting a question was raised concerning the poss ib il i ty of giving Mr s. Thorton a few months time to repa ir the structures. e e Everlina Thorton February 17, 1988 Page 2 As staff responds to these concerns we feel the City Council needs to be aware that the requested extension of time would not be possible without Council action to remove the structures from the demolition list again. We would then notify the Harris County Community Development Agency who would remove the structures from their program and also deduct the grant money scheduled to be used for the demolition of the subject structures. We would not be able to substitute another building in place of the ones we have asked to be removed because of time problems and procedural requirements. Staff does feel that if the Council places Mrs. Thorton's request on the next Council agenda and considers the possibility of removing the property from the condemned bu ild ings 1 ist we should get a release from Mrs. Thorton relieving the City of any liability that might arise from any future lawsuit involving these structures. JHA/nb Attachments e e CITY OF LA PORTE DANGEROUS DUILDING INSPECTION FORM . - DATE October 16, 1985 200 Block of N. 5th St. (Polk & 5th N.W. corner of intersectio STREET ADDRESS ADDRESS P. O. Box 171 La Porte OCCUPANT O\VNER Everlena Thorton NONE NONE AGENT SURVEY OR SUBDIVISION ZONING La Porte BLOCK 66 LOT 17-20 R TYPE OCCUPANCY Duplex x SANITARY SEI'lER x FACILITIES AVAILABLE: WATER ELECTRICAL POWER x x GAS 2 2 OCCUPIED NUMBER OF DWELLING UNITS VACANT AS REQUIRED IN CITY OF LA PORTE ORDINANCE #l145, SECTION 8-ll8, THE. BOARD OF INSPECTION ~ffiDE AN INSPECTION OF THE AFOREMENTIONED PROp. ERTY, AND DETE&~INED THE BUILDING LOCATED THEREON, IN THEIR. OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: (AS OUTLINED IN CITY OF LA PORTE ORDINANCE #ll45, SECTION 8-l17) . EJ (l) ~.. " . .., '\~~f~.:,", ~~-_. 0 (2) 0 (3 ) EJ (4 ) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER -REPAIR OR ANY OTHER CAUSE, ~T IS ESPECIALLY LIABLE TO FIRE AND CONSTITUTES A FIRE aAZARDi OR BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAU~E, IT IS LIABLE TO CAUSE INJURY OR D~1AGE BY COLLAPSING OR BY COL- LAPSE OR FALL OF ANY PART OF SAID STRUCTUREi OR BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF .SECURED DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL OCCUPANTS OF SAID STRUCTUREi OR BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH AND ~ffiY CAUSE OR AID IN THE SPREAD OF DISEASE 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: It is the unanimous opinion of this Inspection Board, after using City of La Porte Ordinance # 1355 (Standard Building Code, 1982 Edition) as its guide in making the inspection, that this building is in fact dangerous, as per Chapter 3, Section 309.1 (a) (b) of the Standard Housing Code. This building does not t:> provide basic minimum housing standards deemed essential and is a threat to public safety, health and the general welfare of the citizens of La Porte. ~':-'1....<""'_' '~- I~NSD,,,,rl"~ny, /. 4~ ~.. J _~ ~~ //}ff\rI/."J!".f,/M~ / ' ~ e e ~ .~,....- ~ QJ ..-i QJ +J 10 .Q'O 10 0. QJ REH^RKS ::l QJ o~ 0' 0:: +J~ .' QJ 10 L^ PORTE ORDIN^NCE = 1355 '0 '0 'O+J 10 QJ QJ Ul (ST^NDARD HOUSING CODE, s:: QJ QJ s:: H Z ZH 1982 EDITION) 1. Mcans of Eg ress X 2. Room Sizes * 3. Privacy of Bath * 4. Privacy of Bedrooms -;'( - , 5. Free of Infestations NO 6. Garb<1ge Storage N/A -- 7. Ceiling Heights .-- -J~ 8 . tHndmv Clearances X 9. \vindow Area - X lOa W indmv Openable ,- Areas X 11. \Hndow Sash X l2. Screens X l3. Windmv Frames X l4. Foundation -- X l5. Piers X l6. Floor Framing 1( l7. Flooring * l6. Exterior \valls X 19. Columns N/A 20. Exterior Steps X 2l. Exterior Stairs N/A 22. Roofing X 23. Roofing Flashing X 24. Roof Rafters X 25. Sheathing X 26. Exterior Doors X 27. Interior Doors * 28. Partitions ~t: 29, Interior Stairs N/A 30. Ceiling Joists * 3l. Hard,'lare * 32. Mechanical Ventila- tion * 33. Electric Lights X 34. Electric Switches X 35. Electric Outlets X 36. Electric Panel X 37. Heating Equipment * " 38. Sink * 39. Lavatory -;': 40. t"1a ter Closet * 41. Bath Tub * 42. Plumbing Drainuge l'( 43. Hot \'/a ter l'( 44. Cold \"1a tcr 1; 45. Watcr Heater - * 46. Grass * 47. '!'rash - * 48. Appllances * 49. Furniture * 50. Automobilc5 * 5J.. Second.J.ry Structure * CHECK LIST , ~ CODE VIOIATION * Exterior inspection only Ga1.1DlTS · CITY OF LAepORTE PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571 July 16, 1986 Everlena Thorton P. O. Box 171 La Porte, Tx. 77571 Re: Block 66) Lots 17-20; La Porte ~ Dear Mrs.Thorton: The Ci ty of La Porte has received a block grant from the Federal Government. The funds from this grant are to be used for the demolition of substandard housing in low and moderate income neighborhoods. This demolition will be free of charge to the property owners. At this time the City is seeking out owners of qualified properties who want their buildings demolished. The City's tax roll lists you as the owner of the building located at 209 North 5th Street. If you are interested in taking advantage of this program, please complete the enclosed consent to demolish form, have it notarized and return it to the City along with a photo copy of the property deed. Aga in pI ease note, this program is free to the owner. There is approximately $11,900.00 left in this program's funding. Funding will not be renewed when the current moneys run out. Buildings will be scheduled for demolition strictly on a first come first serve basis until the money runs out. Submitting a voluntary consent to demolish form does not obligate the City to demolish any building free of charge. Any consent forms submitted to the City after available funds have been committed will be voided and returned to the person who submitted them. If you no longer own this property or if we have contacted error, please notify the City's Inspection Department so continue to look for the proper owner. you in we can If you would like more information regarding this program please feel free to contact me at 471-5020 Ext. 254. JW~ Building Inspector MSL/kaa Enclosure ), , ,:'.,i..... ., e e ~ INTER-OFFICE MEMORANDUM ~('"' ~.,.o \ Cvf"\ ~ . ~ GO~ f ~ . RJ .. (l;1C;8) To: Joel Albrecht, Director of Community Development ~ ~/ Mark S. Lewis, Inspect~ Ervin J. Griffith, BUi~ding Official/ ~,}{ Zoning Administrator . ~~ Everlina Thornton's Condemned Buildings 200 Block of North 5th Street From: Through: Subject: Date: February 3, 1988 I met with Mrs. Thornton on the morning of February 2, 1988 for the second time since her buildings were condemned. She and I went through both of her buildings. I inspected the repairs she had made in 1986. I also pointed out and explained to her the various problems with each of these buildings. Regarding the repairs, I found the following: 1. The repairs, which were made without the City knowledge, are: a. Very limited - one room only in each of the buildings. b. Inadequate - These repairs consist of plywood, in some cases the pieces are no larger than 2 feet square, nailed directly over the existing walls, floor and ceiling. This overlayment in no way compensates for the deteriorated structure underneath. (Examples of deteriorated structure, ie., rotten studs, sills and jousts ar~ readily visible from the exterior of these buildings. ) c. Deteriorating - The plywood in both buildings is showing signs of weathering, especially in the front duplex. The plywood placed on the ceiling in the kitchen of this building is water stained, buckling and pulling free of the ceiling. / " / In short, I found nothing to indicate either of these structures i~ anything except a dangerous, condemnable building as defined by thE City's Dangerous Building Ordinance Hrs. Thornton does not deny the condition of her buildings, but simply seems to feel that as property o\-mer, she has the ultimate sa~ in determin ing wha t should be done with them. Her reply to ever~ problem I pointed out was "I'm going to fix that up." She has acquirec ,-.; , e e some building materials (primarily 2x4's) and has them stored in one of the buildings. I suggest the City take the following course of action: 1. Continue with plans to demolish these buildings 2. Just prior to demolition; a. Acquire an administrative search warrant to allow entry to these buildings. b. Closely video tape and photo every detail of each of these buildings. c. Remove building materials and items of furniture (two beds, chest of drawers) from the buildings and place them behind Mrs. Thornton's house (or other location on the property if she prefers) and cover them for weather protection. d. Have a City representative on site to photo and/or video tape the demolition. , , / ".'...~.."'.'-::-.'.."....'......... . ,c_, ,'. ..'~...'.. . ',"'" ~.~,: . c ," '" ." ...,\;~t -- e . -=- ~ e....;;:: --