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HomeMy WebLinkAbout1989-12-11 Public Hearing, Citizens Participation Meeting, and Regular Meeting e -- MINUTES OF THE PUBLIC HEARING, CITIZENS PARTICIPATION MEETING AND REGULAR MEETING OF LA PORTE CITY COUNCIL DECEMBER 11, 1989 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak ( arrived at 6:23 P.M.), Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of ci tv Staff Present: ci ty Manager Bob Herrera, City Attorn~y Knox Askins, City Secretary Cherie Black, Assistant city Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Public Works Steve Gillett, Director of Community Development Joel Albrecht, Director of Parks and Recreation Stan Sherwood, Finance Director Jeff Litchfield, Human Resources Manager/Purchasing Manager Louis Rigby, Fire Chief Joe Sease Others Present: Charles Dippel; Brent Ryan; Mr. Cayton, LPISD; 24 citizens 2. The invocation was given by Councilperson Clarke. 3. Council considered approving the minutes of the regular meeting of Council held November 13, 1989. Motion was made bv Councilperson November 13 minutes as presented. Cooper. The motion carried, 8 ayes Matuszak had not yet arrived). Skel ton to approve the Second by Councilperson and 0 nays (Councilperson Nays: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 4. Council considered approving the minutes of the special called meeting and workshop meeting held November 20, 1989. Motion was made bv councilperson Clarke to November 20 minutes as presented. Second by McLaughlin. The motion carried, 8 ayes (Councilperson Matuszak had not yet arrived). approve the Councilperson and 0 nays Nays: councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: e e Minutes, Public Hearing, Citizens Participation Meeting and Regular Meeting, La Porte City Council December 11, 1989, Page 2 5. The Mayor proclaimed January 1990 as Volunteer Blood Donor Month and read a proclamation supporting the location of a POV Processing Center in La Porte. 6. Reverend Joe Lewis addressed Council regarding the old Post Office building site. His church wishes to purchase the building to use as a shelter for the homeless and they have an earnest money contract on the property. His concern was that the city was still interested in purchasing the property for use as a senior citizens center. Reverend Lewis was assured that the City has no interest in purchasing the building at this time and would not have any in the future. 7. The Mayor called the Public Hearing to order. This hearing was to hear the request of the La Porte Independent School District for Special Exceptions to allow expansion of three schools (Rizzuto Elementary, Bayshore Elementary and Lomax Elementary) located in R-1 Low Density Residential zones. Director of Community Development Joel Albrecht reviewed the request for council, and outlined the special conditions recommended by the Planning and zoning Commission. The Mayor asked for public input. There was none, and the Mayor declared the public hearing closed. 8. The Mayor called the citizens Participation meeting to order. This meeting was held to receive publ ic input regarding Community Development Block Grant proposals. Director of Community Development Joel Albrecht reviewed last year's proposals. He then gave the recommended proposals of the Planning and Zoning commission, which were (1) a senior citizens center; and (2) sidewalk and curb repair and putting wheelchair ramps on Main Street. Council comments and recommendations were: Councilperson Skelton recommended that a senior citizens center be our first priori ty . Al ton Porter commented that we got mired in looking for a building; we need to look at land to purchase, then worry about a building. Councilperson Cooper inquired if we have a list of structures we have been looking at. The answer to that question was that we have one in mind but don't know if the owner is interested in selling. Councilperson Gay suggested a public address system and a piano for the Jennie Riley community Center. Betty Waters suggested additional e e Minutes, Public Hearing, citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 3 funds for expansion of the S.P.O.R.T. building to 5,000 feet. Councilperson McLaughlin suggested a van fully equipped for the handicapped, for use by senior citizens to get back and forth to the senior citizens center. Mayor Malone asked for public input for proposals. There was none. Council then prioritized the proposals received from Council, as follows: (1) purchase raw land for senior citizen center; (2) funds to expand the S.P.O.R.T. center; (3) a handicap-equipped vehicle for use at the present senior citizens center and the S.P.O.R.T. center; and (4) renovation of street curbs and wheelchair ramps on Main street. Council made a policy decision to put the public address system and piano for the Jennie Riley Community Center as budget items for FY1990-91. 9. Council considered approving Special Conditional Use Permits for Rizzuto Elementary, Bayshore Elementary and Lomax Elementary. Motion was made by Counciloerson Skelton to aoorove the Special Conditional Use Permits. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: At this time, Council adjourned into executive session at 7:08 P.M. to discuss the following items: (1) Meet with special counsel regarding Southern Ionics, Inc./Houston Chemical Services, Inc.; (2) Meet with attorney regarding Elizabeth Lane right-of-way acquisition; and (3) continue annual review of City Manager. Council returned to the table at 7:50 P.M., having discussed the first two items. 10. Council considered an ordinance revoking tax exemption created by Constitutional amendment to Article VIII, section 1-j. The City Attorney read: ORDINANCE 1670 - AN ORDINANCE PURSUANT TO ARTICLE VIII, TEXAS CONSTITUTION, SECTION 1-j, ELECTING TO TAX GOODS, WARES, MERCHANDISE, OTHER TANGIBLE PERSONAL PROPERTY, AND ORES, OTHER THAN OIL, NATURAL GAS, AND OTHER PETROLEUM PRODUCTS, OTHERWISE EXEMPT, EFFECTIVE FOR TAX YEAR 1990, AND SUBSEQUENT TAX YEARS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e Minutes, Public Hearing, citizens Participation Meeting, and Regular Meeting, La Porte city council December 11, 1989, Page 4 Motion was made bY Councilperson Matuszak to adopt Ordinance 1670 as read bY the city Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 11. Council considered an ordinance amending Chapter 26, Article II, "Water, Sewers and Sewage Disposal," of the Code of Ordinances of the city of La Porte; Establishing a new rate and fee structure. Finance Director Jeff Litchfield reviewed this ordinance. The City Attorney read: ORDINANCE 1671 - AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS AND SEWAGE DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adoDt Ordinance 1671 as read bY the City Attorney. Second by Councilperson Matuszak. The motion carried, 5 ayes and 4 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin and Mayor Malone Councilpersons Porter, Gay, Skelton and Clarke Ayes: 12. Council considered a resolution authorizing acquisition of right-of-way on Elizabeth Lane to Lomax Elementary school. Motion was made by Councilperson McLauqhlin to adoDt the resolution authorizinq acquisition of riqht-of-way on Elizabeth Lane to Lomax Elementary school. Second by Councilperson Cooper. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: councilperson Waters 13. Council considered approving renewal of contract with Hugh L. Landrum & Associates, Inc., for appraisal of industrial plants. e e Minutes, Public Hearing, citizens Participation Meeting, and Regular Meeting, La Porte City council December 11, 1989, Page 5 Motion was made bv Counciloerson Gay to approve renewal of the contract with Huqh L. Landrum & Associates. Inc. Second by Councilperson Clarke. Motion was made bv Counciloerson Porter to table this item until a workshoo with Mr. Landrum in attendance could be held. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays (Councilperson Matuszak was away from the table). Nays: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 14. Council considered granting a permit to Harbeson Geophysical for geophysical seismograph testing. The City Attorney reviewed this item. He recommended waiving of the $1,000 per mile provision and the "no dynamite" provision. Motion was made bv Counciloerson Waters to aporove the oermit for Harbeson Geoohvsical and waive the $1.000 oer mile and no dynamite provisions. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 15. Council considered granting a permit to Digicon corporation for geophysical seismograph testing. Motion was made bv Counciloerson Waters to aoorove the oermit for Diqicon COrDoration. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 16. Council considered authorizing a contract for design and construction phase services for 1990 water system improvements. Motion was made bY Counciloerson Coooer to contract with EspeY Huston & Associates for 1990 imorovements. Second by councilperson Waters. carried, 7 ayes, 0 nays, 2 abstain. authorize a water system The motion e e Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 6 Ayes: Councilpersons Waters, Cooper, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilpersons Matuszak and McLaughlin 17. Council considered authorizing volunteer drug testing for Council members and staff members. Motion was made by Councilperson Waters to table this item for a workshoo meetina. Second by councilperson Matuszak. The motion was defeated, 3 ayes and 6 nays. Ayes: Nays: Councilpersons Waters, Cooper and Matuszak councilpersons McLaughl in, Porter, Gay, Skelton, Clarke and Mayor Malone Motion was made bY Counciloerson Skelton to authorize volunteer drug testina for Council members and staff members. Second by Councilperson McLaughlin. Counciloerson Porter moved to amend the motion to include any emoloyee who wishes to volunteer. The motion to amend died for lack of a second. The vote was taken and the original motion carried, 9 ayes and o nays. Nays: councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 18. Council considered approving inclusion of a Charter amendment for the election to be held May 5, 1990. Motion was made by Councilgerson McLauahlin to include a Charter amendment in the election to be held May 5. 1990. reaarding an increase in the limit of expenditures without benefit of a sealed bid. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 19. Council considered rejecting bid for defibrillator monitor and authorizing rebidding the item. e e Minutes, Public Hearing, citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 7 Motion was made by Counciloerson Clarke to rei ect the bid received for a defibrillator monitor and authorize rebidding. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None 20. Council considered approving the purchase of radios from H- GAC. Motion was made by Counciloerson Gay to aoorove ourchase of radios throuah H-GAC. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None 21. Council considered awarding a bid for trash trucks. Motion was made by Counciloerson Skelton to award a bid to White GMC for the ourchase of one standard trash truck and one trash truck with attached oicker unit. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None 22. Council considered a consent agenda, as follows: (A) Consider awarding contract for laboratory testing; (B) Consider awarding bid for cardiopulmonary resuscitation equipment; and (C) Consider awarding a bid for folding tables. Motion was made by Counciloerson Waters to aoorove the consent agenda as oresented. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None 23. Administrative Reports: It was reported that the utility billing is now on schedule. e e Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 8 24. Council Action: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 25. The executive session had been held previously. Item C on the executive session was not addressed and will be put on the next Council agenda. 26. There being no further business to be brought before the Council, the meeting was duly adjourned at 10:10 P.M. R~:&:2ed: Cherie Black, City Secretary Passed & Approved this the 8th day of January, 1990 Jt~?1/(~-- Norman L. Malone, Mayor e . 3 , "' e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL NOVEMBER 13, 1989 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of ci tv Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of city Council Absent: Councilperson Ed Matuszak Members of city Staff Present: City Manager Bob Herrera, City Attorney Knox ASkins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Parks and Recreation Stan Sherwood, Director of Public Works Steve Gillett, Human Resources Manager/Purchasing Manager Louis Higby, Fire Chief Joe Sease, Police Chief Charles Smith, H(~creation Superintendent Tim O'Connor, Aging Services Superintendent Karen Beerman, Parks Maintenance Superintendent Bert Clark, Golf Course Manager Alex Osmond Others Present: Representatives from Bayshore Home Health Services; Linda Snyder; Dale Conger; Charles Dippel; representative from Hickham Industries; approximately 25 citizens 2. The invocation was given by Councilperson Skelton. 3. Council considered approving the minutes of the regular meeting of Council held October 23, 1989. Motion was made by Councilperson Coo?er to approve the October 23 minutes as presented. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: 4. The Mayor proclaimed the week of November 26 through December 2 as La Porte Home Care Week, and proclaimed support of the efforts of the ta Porte ISD and La Porte Counseling Center regarding forums on Parent-Teen Relationships. 5. The following citizens addressed Council. Chester Pool, 1710 Alvy - Reopen issue of Elizabeth Street access for school children e e Minutes, Regular Meeting, La Porte City Council November 13, 1989, Page 2 Gene Kamp, 10801 Elizabeth - Reopen issue of Elizabeth street access for school children Kim Kamp, 10801 Elizabeth - Reopen issue of Elizabeth street access for school children Robin Pool, 1710 Alvy - Reopen issue of Elizabeth street access for school children Dorothy Pool, 2538 Violet street, Pasadena - Reopen issue of Elizabeth street access for school children Melton Wolters, 10703 North H - Reopen issue of Elizabeth street access for school children Deotis Gay, Councilperson, speaking on behalf of Robert Swanagan - Asking that new Jenny Riley Addition be named in honor of Charles Walker 6. Council received a report regarding a joint venture between the City and Hickham Industries to pave Old La Porte Road. Mr. Don Babbs was present to receive the City's thanks and appreciation of the major part Hickham Industries had in this project. 7. Council considered an ordinance amending Chapter 25, Article 2, Section 25-23 of the Code of Ordinances of the City of La Porte, for the purpose of designating a twenty mile per hour maximum speed limit on a portion of Myrtle Creek Drive. The City Attorney read: ORDINANCE 1466-B - AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SEC'rION 25-23 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING A TWENTY (20) MILE PER HOUR MAXIMUM SPEED LIMIT ON MYRTLE CREEK DRIVE, FROM CANYON SPRINGS DRIVE '1'0 WILLOW CREEK DRIVE WITHIN THE CITY OF LA PORTE; PHOVIDING THAT ANY PERSON VIOLATING THE TERMS OF nIIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALT, Dr: FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PHOVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH 'l'llE OPEN HEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilper;;on Cooper to aclQpt. Ordinance 1466-B as read bv the City AttorIlgy. Second by Councilperson Gay. The motion carried, 8 ayes nnd 0 nays. Nays: Councilpersons Waters, Cooper, NcLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: At this time, Council adjourned into executive session at 6:30 P.M. to address item C on the executive session agenda: Meet with Attorney to discuss law suit with Southern Tonics, Inc. (HCS). Council returned to the Council table at 7:08 P.M. e e Minutes, Regular Meeting, La Porte City Council November 13, 1989, Page 3 Councilperson Cooper left at 6:42 P.M. during the executive session due to another commitment, and did not return to the Council table. Votes on the subsequent agenda items will reflect his absence. 8. Council considered a resolution casting a ballot for election of a member to the Harris County Appraisal District Board of Directors. Motion was made by Councilperson Skelton to cast the city's ballot for Lee Tipton. Second by councilperson Porter. The motion carried, 7 ayes and 0 nays, and Mr. Tipton's name will be placed as the City's vote in Resolution 89-17. Ayes: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: 9. Council considered approving a contract with Stiver Engineering Services for professional engineering services related to wave pool warranty items. Motion was made by Councilperson Skelton to approve the contract with Stiver Enqineering Services in an amount not to exceed $7.500.00 without further written authorization. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: 10. Council considered a resolution regarding Little Cedar Bayou Park. This resolution, 89-18, sets out a proposed plan for the completion of the Little Cedar Bayou Park wave pool contract and warranty items, and authorizes staff to move forward with the implementation of the plan. Motion was made by Councilperson Waters to approve Resolution 89-18. Second by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: It e Minutes, Regular Meeting, La Porte City council November 13, 1989, Page 4 11. council considered a resolution approving a reinvestment zone for ICN. The City Attorney read: RESOLu'rION 89-19 - A HESOLUTION ESTABLISHING GUIDELINES AND CRITERIA GOVEm~ING 'rAX ABATEMENT AGREEMENTS BY THE CITY OF LA POR'l'E i FINDING COl-1PLIANCE WITH THE OPEN MEETINGS LAW i AND PROVIDING AN EFFEC'rIVE DATE HEREOF. Motion was made by Councilperson S.kel ton to approve Resolution 89-19 as read by the City Attorney. Second by Councilperson Porter. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: 12. Council considered approving a contract for an EMS Medical Director. Motion was made by Councilperson Gay to approve a contract with Dr. Blake Berrv in the amount of $500.00 per m9nth. to act as City of La Porte EMS Medical Director. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 13. Council considered awarding a contract to Insi tuform Gulf, South, as sole source, for rehabilitation of 10" sewer main. Motion was made by Councilperson Skelton to award a contract to Insituform Gulf. South. as sole source. for rehabil.itation of 860 feet of 10-inch sewer main. in the amount of $35.988.50. Second by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 14. Council considered awarding a contract for design engineering services for east La Porte relief sewer. Motion was made bv Counci 1 persQn SJcel ton to aT'E~.rd a contract for design enqineerinq services for east La POl~!~Q_I(}lief sewer to Espev, Huston & Associates in the amount....Q r~184 , 015. Second by Councilperson Porter. The motion c~rri0d, 6 ayes and 1 nay. It e Minutes, Regular Meeting, La Porte city Council November 13, 1989, Page 5 Nays: Councilpersons Waters, Porter, Gay, Skelton, Clarke and Mayor Malone Councilperson McLaughlin Ayes: 15. Council considered approvi.ng a proposal for emergency repairs to Sylvan Beach Pavilion caused by Hurricane Jerry. Motion was made bv CouncilJ2~n;on Waters t:o approve the proposal of Moore & Moore for repairs to Sylv~n Beach Pavilion caused by Hurricane Jerry. Second by Councilperson McLaughlin. The motion carried, 7 ayes and 0 nays. Nays: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 16. Council considered a consent agenda, as follows: (A) consider awarding a bid for plastic garbage bags; (B) consider awarding a bid for a six-yard dump truck; (C) consider awarding a bid for golf course equipment. At the request of the City Manager, item A was removed from the consent agenda. Motion was made bv Councilperson McLauqhlin to approve items Band C as presented on the consent agenda. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, MCLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: Purchasing Manager Louis Rigby discussed item A. Low bid on i tern A was made by Sunbel t Plastics located in Louisiana. Second low bid was by Atlas Alchem, which is headquartered in Arlington, Texas. Atlas Alchem contends that if we use the Texas Preference Law, they should be low bid. The City Attorney then reviewed the Texas Preference Law for Council. His advice was to award the bid to Sunbel t Plastics, because when the bids were compared with the price we could get with our H-GAC interlocal agreement, H-GAC was second low bid. Motion was made by Councilpers()I\ Slc~l ton to cHID.rd the bid for plastic garbaqe bags to Sunbelt Plastics. irL,1:J1Q__.g]1lount of 48.7 cents per pound. Second by Councilperson He, ters. The motion carried, 7 ayes and 0 nays. e e Minutes, Regular Meeting, La Porte City Council November 13, 1989, Page 6 Nays: Councilpersons Waters, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 17. Administrative Reports: Director of Parks and Recreation Stan Sherwood presented a video of the 1989 Pepsi Games. He thanked all participants, sponsors, City Council and City staff for making the games the success they were. 18. Council Action: Councilpersons Waters, MCLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. It was requested that a resolution be drafted to send to our State Legislators regarding more stringent regulations being set up for Texas bonding companies. 19. Council adjourned into executive session at 9:05 to discuss items A and B on the executive session agenda, as follows: (A) section 2(G) - Personnel - Annual Review of City Manager; and (B) section 2(G) - Personnel - Discuss Expense Account for Mayor. Council returned to the Council table at 10:46 P.M. No action was taken on item A. On Item B, the decision was to abide by the resolution already in effect. 20. There being no further business to come before the Council, the meeting was duly adjourned at 10:48 P.M. Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 11th day of December, 1989 Norman L. Malone, Mayor .- . CONSIDER APPROVING MINUTES OF THE REGULAR MEETING OF COUNCIL HELD NOVEMBER 13, 1989 Motion by n~ Second by /~~~ VOTE: ~ Motion carried FOR ~efeated AGAINST Tabled ABSTAIN e e ; . If- e e MINUTES OF THE SPECIAL CALLED MEETING AND WORKSHOP MEETING LA PORTE CITY COUNCIL NOVEMBER 20, 1989 1. The meeting was called to order at 6:00 P.M. by Mayor Norman Malone. The meeting was conducted at Sylvan Beach Pavilion. Members of citv Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper (arrived at 6: 35 P.M.), Ed Matuszak, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton (arrived at 6:20 P.M.), Jerry Clarke Members of city Council Absent: None Members of city Staff Present: City Manager Bob Herrera (late arrival), City Secretary Cherie Black, Assist~nt City Manager John Joerns, Assistant to the City Manager J~nie Bais, Director of Parks and Recreation stan Sherwood, Director of Community Development Joel Albrecht, Police Chief Charles Smith, Director of Finance Jeff Litchfield, Street Superintendent Orville Burgess Others Present: Berdon Lawrence, Imogene Pulleine, Pat Muston, Lou Lawler, Guy Sutherland, Bill Love, Tom Neely, Hal Lawler, John Armstrong, Janet \-Jal1rlich (members of the Visions '89 committee); John Paul Zemanek, Executive Vice President of La Porte-Bayshore Chamber of Commerce; John Black, Bayshore Sun; 8 citizens 2. Council considered an ordinance repealing Ordinance 1634, an Ordinance establishing hazardous waste incinerator siting requirements. Mayor Malone read: ORDINANCE 1634-A - AN ORDINANCE REPEALING ORDINANCE NO. 1634, AN ORDINANCE ESTABLISHING HAZARDOUS WASTE INCINERATOR SITING REQUIREMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to adopt Ordinance 1634-A as read by the Mayor. Second by Councilperson Waters. The motion carried, 7 ayes and 0 nays (Councilpersons Cooper and Skelton had not yet arrived). Nays: CouncilpersonsWaters, Matuszak, McLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 3. Council considered a resolution naming the Jenny Riley Community Center annex in honor of Charles E. Walker. e e Minutes, Special Called Meeting and Workshop Meeting La Porte City Council November 20, 1989, Page 2 The Mayor read: RESOLUTION 89-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NAMING THE JENNY RILEY COMMUNITY CENTER ANNEX IN HONOR OF CHARLES E. WALKER Motion was made by Councilperson Gay to approve Resolution 89-20 as read by the Mavor. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays (Councilpersons Cooper and Skelton had not yet arrived). Nays: CouncilpersonsWaters, Matuszak, MCLaughlin, Porter, Gay, Clarke and Mayor Malone None Ayes: 4. There being no further business to come bt:fon'! the Council, the called meeting was adjourned and Council went into workshop meeting to discuss vlith the Visions '89 committee the goals and objectives set out by them. 5. The workshop meeting adjourned at 8:30 P.B. Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 11th day of December, 1989 Norman L. Malone, Mayor . e . CONSIDER APPROVING MINUTES OF THE SPECIAL CALLED MEE'l'ING AND WORKSHOP MEETING HELD NOVEMBER 20, 1989 Motion by Second by VOTE: Waters j4. C~~~~~:~-p McLaughlin Porter Gay Skelton Clarke Malone Motion carried ~ FOR AGAINST v- Defeated Tabled ABSTAIN e e s- e e Office of the Mayor ocr l1G] D ~~ttI'&^ \ (.~~ . "~~<? r Pa..t.i..mt6 in ho.6 pli.a.t6 tlvwug holLt .the 17-c.oun:ty Texa..6 Gui.6 COa..6t ILegion wLU Me OVeJl. 450,000 urU.t.6 06 blood and blood c.ompone.nt.6 duJUng 1990; and WHEREAS, thif.. blood ha..6 been donated by mOILe than 125,000 cU:UZen6 who .6how thebe. .6Uppotr.t 06 the ILegionai. blood pJc.agILam by giving thebe. blood on a ILegui.aJr. ba..6-U.; and l1JJ~rrra!l : WHEREAS, l..I.YI.R.U.6 mOILe people bec.ome vofun:teeJl. blood donoJc..6, the blood .6upply will not keep pa.c.e wlih the .6teacLU.y inCJl.ea..6-ing demand, and .6omeday YOWL U6e OIL the U6e 06 a otz1.end OIL a. loved one may depend on W a va.-Ua.bUUy; and WHEREAS, the moYLth 06 Janu.aJty ha..6 .tJta,ciULona1.R.y been a moYLth wlUc.h .6e..e.6 a cUmiM6hed numbeJl. 06 donoM due to the hoUday.6 and il.ene.6.6 at a time when the need nOIL blood ILemcUn..6 JUgh; and WHEREAS, .the PILe.6ide..n.t on .the UYLUed Sta.te.6 ha..6 de.6-i.gnated Janu.a.Jr.Y, 1990, a..6 Na.tiona.R. VofuYLteeJl. Blood VonolL MoYLth. NOW, THEREFORE, I, NORMAN MALONE, MAYOR 06 the City 06 La Potr.te, do heJl.eby ptLoce.cWn the moYLth 06 J anu.a.Jr.Y, 1990, a..6 VOLUNTEER BLOOV VONOR MONTH -in the CUy 00 La. POMe.., a.nd enc.oWLage a..U. e.U:g-i.ble cU:UZen6 to bec.ome voluYLteeJt blood donoM nOIL the c.on.t<-nu.ed hea..t.th and well-be-ingo6 tlU.6 c.ommuYLUy. IN WITNESS WHEREOf, T have.. heJte..u.n.to .6e:t my hand and c.a.u.6ed .the Se.ai. On the c.u:.y 06 La Potr.te.. .to be a66ixed hvr.eto, .thM the 11.th day 06 Vec.embvr., 1989. NOlLman L. Ma.tone, MayalL : .. e e e e. THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the prov1s1ons of 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 11th day of December 1989, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider a Special Conditional Use Permit requested by the La Porte Independent School District, to allow expansion of existing elementary schools in R-1 Low Density Residential zones. The legal descriptions of the properties are as follows: Rizzuto Elementary School, 201 N. Farrington: Tr. 13A- 3 (020*Pt Lt. 3), W. B. Root Survey Abstract 482, W. M. Jones Bayshore Elementary School, 301 Bay Oaks Drive: Lot 9 of Block 3; Lots 1-12 of Block 4, Bay Oaks Subdivision Lomax Elementary School, 10615 North Avenue ilL": Outlot 422 and Est 1/2 Outlot 423, La Porte Outlots A regular meeting will be held following the public hearing for the purpose of acting upon the public hearing item and conduct other matters pertaining to the City Council. citizens wishing to address the council pro or con during the Public Hearing will be required to sign in before the meeting is convened. ""''\\\\\ . ",' I I '\ 1\ ..' \\( .. /);, \11 ,,', \ .',....).) I/? ",/ : ",t' ". -<,I J) /., (\ · ~l : ) " ., , ') / , - / "<1, 1 : '.~ I / ~"! / I' " / \. \ ) " j "! t,., I. I ' / "-- " // "\ y . ." I)' , I , }. I ))' ':- 1\ ) I) I) _' \ I, \ ' " ("\'! ,\ .) \. C~ITY OF LAJZ.E , ~ ~, / 4.e4C-/ Cherie Black City Secretary e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: December 11. 1989 x Report Resolution x Ordinance Requested By: Joel Albrecht Department: Communit Exhibits: 1. 2. Staff Report Letter of Transmittal from Planning & Zoning Commission Special conditional Use Permit: SCU89-008 Transparencies 3. 4. ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION SPECIAL CONDITIONAL USE PERMIT #SCU89-008: RIZZUTO ELEMENTARY Summary: On November 2, 1989, the La Porte Planning and Zoning Commission, in Public Hearing and Regular Session, considered Special Conditional Use Permit Request SCU89-008. The purpose of the request, which was submitted by the La Porte Independent School District, is to allow construction of a building addition to the Rizzuto Elementary School. The Rizzuto school is located on Tract 13A-3 [020*Pt, Lot 3J W.B. Root Survey, Abstract 482, W.M. Jones Survey, which is further described as 201 North Farrington. Recommendation: The Planning and Zoning Commission, by unanimous vote, recommended approval of this request, subject to the conditions listed on the attached Special Conditional Use Permit #SCU89-008. Council Options: 1. Approve request by granting Special Conditional Use Permit SCU89-008: A. As proposed B. With additional or amended conditions 2. Deny request by disapproving Special Conditional Use Permit SCU89-008. 3. Table the request for further consideration at a future date. Action Required by Council: 1. Hold Public Hearing to consider Special Conditional Use Permit request #SCU89-008. 2. After close of Public Hearing, call for vote to approve or deny Special Conditional Use Permit #SCU89-008. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: Yes NO ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda J6(b\ Robert T. Herrera City Manager \'t--<o-&" Date GCT 1 2. 1989 CODE. ENFORCEMENT ---------------------------------------A~~li~~ti~~-N~~~-~~1:-~~---- OFFICE USE ONLY: Fee: $100.00 Date Received: Receipt No.: ~/A e CITY OF LA PORTE RECEIVED APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT e Certified Plans Submitted: ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan ( ) Preliminary Plat ---------------------------------------------------------------------- Person Making Request: Richard F. Hays Mailing Address: 301 E, Fairmont Pkwy, La Porte, TX 77571 Phone: 471-2513 City/State: BUSINESS NAME: LA PORTE INDEPENDENT SCHOOL DISTRICT, PROPERTY ADDRESS: 201 N. Farrington Blvd, fl- n A - 3 L pZZv ~ f-( l-..; .., 7 RIZZUTO ELEMENT AR Y SCHOOL.~ /,A/ ./~ . (?.PCI-f; AI t.( y--z.. W" M ;;'1 <. I . r_'C.y LEGAL DESCRIPTION: ZONE: TYPE OF BUSINESS: 10/13/89 Date SIC USE CATEGORY: Public Education ---------------------------------------------------------------------- OFFICE USE ONLY Date of P & Z Public Hearing: #.-71/ -:z. Recommendation: Y or N Date of City Council Meeting: Zone: ;Z -/ Approved: Y or N This application is: Approved ( ) Permit II Denied ( ) CLP JOB IF (If Assigned Yet) Conditions: Date Zoning Administrator CED/1-'87 e e special conditional Use Permit Request SCU89-008 Requested For: Rizzuto Elementary School Location: 201 North Farrington Blvd, (See Exhibit A) Legal Description: Tract 13A-3 [20* Pt Lt 3] W.B. Root Survey, Abstract 482; W. M. Jones Survey Zoning: R-l, Low Density Residential Requested by: La Porte Independent School represented by Mr. Richard F. Hays District Background: The La Porte Independent School District is requesting a Special Conditional Use Permit to allow the expansion of the Rizzuto Elementary School (See Exhibit B). Section 5-600, Table A of Zoning Ordinance 1501 designates public and private educational institutions (SIC 8211) a Conditional Use within R-1 Zones. A Conditional Use Permit is required for the construction of new schools or the expansion of existing facilities. The proposed expansion is to consist of an approximately 14,700 square foot addition which is intended to accommodate ten new classrooms, restroom facilities as well as a mechanical room and janitor's closet, Section 5-700, Table B designates the following minimum setback requirements for educational facilities: Front: Rear: Side: 30 Ft. 20 Ft. 10 Ft. The setbacks of the proposed addition are, in all cases, greater than those required by ordinance (See Exhibit B). The following specific conditions and standards apply to this type of Conditional Use. T. Section 5-800 Special Use Performance Standards: A, Required Screening B, Traffic Control C, Compatibility with Surroundinq Area D. Required Licenses Obtained E. Compatible Alterations & Adequate Parking F, Manufactured Housing Criteria: Not applicab::'e to thi:3 request G. Density Bonus: Not applicable to thi~-i 1:eqlle::,t e e SCU89-008, Report Page 2 II. Section 10-202 Conditions For Approval A. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair values within the immediate vicinity. B. That the conditions placed on such use as specified in each district have been met by the applicant. C. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Analysis: Regarding the Special Use Performance Standards of Section 5-800: Required Screening: The Zoning Ordinance requires the screening of private and public school parking facilities. The existing parking facilities appear to be inadequate to accommodate the additional parking demand the proposed addition will generate. Some expansion of parking facilities will be required. Screening is therefore an issue which must be addressed. In considering this issue, it must be noted that legitimate concern has been expressed regarding safety and security problems posed by the solid landscape screening currently required by the Zoning Ordinance. Staff would propose that rather than require a solid screening, which would completely shield the parking lots from public view, the Commission recommend a landscape buffer with a planting plan to be approved by the Director of Community Development. Traffic Control: The Zoning Ordinance requires that traffic generated by a use be channelized in a manner that will avoid or minimize congestion on public street~, safety hazards and excessive traffic through low density residential neighborhoods. It further requires that a use not generate traffic in a volume which exceeds the safe capacity of the. surrounding streets. Traffic control plans must be approved by the Director of Community Development. In the case of Rizzuto Elementary School, the Director has deemed these conditions to be satisfied. e e SCU89-008, Report Page 3 Compatibility with surrounding Area: The Zoning Ordinance requires the architectural appearance and functional plan of buildings and site to reflect the character of the surrounding area and not be so dissimilar as to cause impairment of the value of surrounding property. The ordinance further requires compatibility with the existing and future planned use of the surrounding area. The school district has successfully endeavored to develop and maintain an attractive campus at this location. Information so far, received by staff indicates that the proposed addition will blend well with the existing school facility and should enhance the surrounding neighborhood. Expanded school facilities should also act to facilitate the further development of the Fairmont Park area as a desirable low density residential neighborhood, thereby furthering one of the major goals of the Comprehensive Plan. Required Licenses Required: The Zoning Ordinance requires that all necessary governmental permits and licenses be secured and evidence of such be placed on record with the City. As a state accredited school district, the La Independent School District has met this requirement. Porte Compatible Alteration & Adequate Parkinq: Adequate on site parking as required by Section 10-609 of the Zoning Ordinance must be provided. Required front and side yards may not be used for parking areas. Present parking areas are arranged in conformance with these ordinance requirements. Section 10-609 requires parking based on the following formula. 10 spaces minimum + 1 per each 20 students + 1 per staff member Total Based on the projected student enrollment and staffing levels, additional parking spaces will be required, There appears to be adequate undeveloped area at this location on which to develop the additional required parking spaces. Expansion of the school's parking facilities should be considered as a condition of approval of this permit, As proposed, the Rizzuto Elementary School addition will , subject to the provision of adequate parking and landscaping, satisfy the Special Use performance Standards of Section 5-800, e e SCU89-008, Report Page 4 Regarding the "Conditions for Approval" specified by Section 10-202: In staff's opinion, by satisfying the performance standards of 5-800 (subject to the conditions listed below), the school district has demonstrated compatibility with the surrounding area. It is however, up to the Commission, based on public input and its knowledge of the Comprehensive Plan, to make a determination regarding this issue. The addition as proposed, subject to the development of adequate parking, appears to satisfy the conditions of setback, height and other ordinance requirements for development within a Low Density Residential Use Zone. Finally, regarding site specific conditions, staff would recommend the following. 1. Parking facilities shall be expanded, in conformance with all applicable ordinance requirements, to accommodate at least the minimum number of vehicles required by Section 10-609 of the Zoning Ordinance. 2. A landscaped buffer, with a planting plan to be approved by the Director of Community Development, shall be developed between additional parking areas and adjacent property lines. Conclusion: Subject to compliance with the above listed conditions, the prerequisite requirements of the Zoning Ordinance are met by the request. The proposed Rizzuto Elementary School expansion is therefore eligible to be considered for a Special Conditional Use Permit. Options: T. Recommend approval of the request A. As proposed B. With additional or amended conditions II. Recommend denial of the request III. Table request for further consideration at a future date. SCU89-008, Report Note: e e page 5 Should the Commission choose to table the request, a second public hearing is not required prior to acting on the request. The Commission is however, obligated to forward its findings and recommendations to City Council with in fifteen days of the close of the Commission Public Hearing. e e GC :':'~';':':;'::':;:::::::i:>::,:,=:::- ::;:;;;:;~::t~'W::m.<:,:'~~~: ~~~~~ BAYPORT INDUSTRIAL DISTRICT AS DESIGNATED BY ORDINANCE 842 PASSED ON THE 5th Qc\Y OF" JANUARY, 1970. ~ ........ .1 .,.......<-....... :..,.....':....~,::.::':'-:..- '0 SCALE: ,": 1000' o r 500 I, 1000 ~ 2000 I FXHIBlT A e e . ;.0 ,. 8'.'" r---------- --- --L --- - - - - --- I I I . I I I I I f ILt" e.\. IOlfll.1 I I I , I I I [ j JO/~o.l.r - - I I , I I I I I I / --------'-.--- ) ( Farrington Blvd. ) C ) ,- ::"CB I ( Site Plan Rizzuto Elemenl:ary School Expansion La Porte I. S. D. 1oIwryQc.--~1I'I: .0 .. I I FXHIB1T B · CITY OF Lf PORTE PHONE(713)471-5020 . P.OBox1115 . LA PORTE. TEXAS 77571 November 21, 1989 Honorable Mayor Norman Malone and City Council City of La Porte, Texas RE: Special Conditional Elementary School Use Permit #SCU89-008, Rizzuto Dear Mayor Malone: On November 2, 1989, the La Porte Planning and Zoning Commission, in Public Hearing and Regular Session, considered Special Conditional Use Permit Request #SCU89-008. The purpose of this request, which was submitted by the La Porte Independent School District, is to allow construction of a building addition to the Rizzuto Elementary School. The Rizzuto school is located on Tract 13A-3 [020*Pt, Lot 3] W. B. Root Survey, Abstract 482, W. M. Jones Survey which is further described as 201 North Farrington. The Commission, by unanimous vote, recommended approval of this request, subject to the conditions listed on the attached Special Conditional Use Permit #SCU89-008. Re~pectfU~Y~~ Jat:es c~~;m~~~\ La Porte Planning and Zoning Commission JG/MSL:tlr Attachment e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- x Report 1989 Agenda Date Requested: Requested By: Joel Albr Community Develo~ment x Ordinance Exhibits: 1. Staff 2. Letter of Transmittal from Planning & Zoning Commission 3. Letter from Board of Adjustments granting Special Exception to rear setback requirements. 4. Special conditional Use Permit: SCU89-009 5. Transparencies ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION SPECIAL CONDITIONAL USE PERMIT #SCU89-009: BAYSHORE ELEMENTARY Summary: On November 2, 1989, the La Porte Planning and Zoning Commission, in Public Hearing and Regular Session, considered Special Conditional Use Permit Request SCU89-009. The purpose of the request, which was submitted by the La Porte Independent School District, is to allow construction of building additions to the Bayshore Elementary School. The Bayshore school is located on Lot 9 of Block 4 of the Bay Oaks Subdivision, which is further described as 301 Bay Oaks Drive. The November 2 Public Hearing was recessed for the purpose of allowing the School District to amend its original proposal. The Public Hearing was reconvened on November 16, 1989, and the Commission considered the amended proposal in Public Hearing and Regular Session. On November 30, 1989, the La Porte Zoning Board of Adjustments held a Public Hearing to consider a special exception to the rear setback requirement of twenty feet (20') as required by the Zoning Ordinance. The Board of Adjustments did grant an exception allowing the proposed building to be constructed no closer than 12.8 feet from the rear property line. Recommendation: The Planning and Zoning Commission, by a vote of four one (1), recommended approval of this request, subject conditions listed on the attached Special Conditional Use #SCU89-009. (4) to to the Permit e e REQUEST FOR CITY COUNCIL AGENDA ITEM PAGE -2- Council Ootions: 1. Approve request by granting Special Conditional Use Permit SCU89-009: A. As proposed B. With additional or amended conditions 2. Deny request by disapproving Special Conditional Use Permit SCU89-009. 3. Table the request for further consideration at a future date. Action Required by Council: 1. Hold Public Hearing to consider Special Conditional Use Permit request #SCU89-009. 2. After close of Public Hearing, call for vote to approve or deny Special Conditional Use Permit #SCU89-009. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: Yes NO ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda Date Robert T. Herrera City Manager APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT RECEIVED OCT 1 2 '1989 CODE ENFORCEMENT. ~ CITY OF LA PORTE ~ ---------------------------------------------------------------------- OFF ICE USE 0 l~ L Y : Fee: $100,00 Application No. :~~t../H - 00C; Date Received: Receipt No,: -1/ fA . , Certified Plans Submitted: ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan () Preliminary Plat ---------------------------------------------------------------------- Person Making Request: Richard F, Hays j'iailing Address: 301 E. Fairmont Pkwy. City/State: La Porte, TX 77571 Phone: 471-2513 BUSINESS NAHE: LA PORTE INDEPENDENT SCHOOL DISTRICT PROPERTY ADDRESS: 301 Bay Oak s L-t9 e! 6//' )}. Lf$ 1-J7.. &-l~/'5ikL.I, BAYSHORE ELEMENTARY SCHOOL /3';"'1 o~ 1:.( ~~::,,(,,,,,('p LEGAL DESCRIPTION: ZONE: SIC USE CATEGORY: TYPE OF BUSINESS: Public Education 10/11/89 Date / gent ---------------------------------------------------------------------- OFFICE USE ONLY Date of P & Z Public Hearing: ;1/(/ t/ 2.. Recommendation: Y or N Date of City Council Meeting: Zone: ,K-/ Approved: Y or N This application is: Approved Per m i t i) ) Denied ( ) CLP JOB IJ (If Assigned Yet) Conditions: Date Zoning Administrator CED/1-'87 e LA PORTE INDEPENDENT SCHOOL DISTRICT e ROBERT H. WILLIAMS, JR. Superintendent of Schools 301 E, Fairmont Parkway La Porte, Texas 77571 (713) 471-0950 Fax #471-0838 November 10, 1989 RECEIVED IIH)V T 1) 1989 CODE ENFORCEMENT BOARD OF TRUSTEES Pres ident CHARLIE PERRY Vice President PAT STUDDERT Secretary MARY ANN TRAINER Trustees CLEO DAVISON MIKE KELLY KYLAN LEWIS JOHN PAUL ZEMANEK Planning and Zoning Commission and City Counci I City of La Porte La Porte, TX 77571 Gentlemen: Please accept this letter as a response to the protest placed before the Planning and Zoning Commission by Mr. E.C. Cook in regard to additions at Bayshore Ele- mentary School. Mr. Cook's objections delt with the 7.7 foot separation between the proposed south building wing and his property line. In order to satisfy the objections and construct its proposed improvements in a manner which would minimize any inconvenience, the La Porte Independent School District is prepared to take the following actions: 1. Construct the proposed building no closer than approximately 12.7 feet from the north property line of the residence at 608 Fairfield Drive, Shoreacres, Texas; 2. Construct for the property owner, at the expense of the School Dstrict, a six foot cedar fence on the rear property line, and on the east property line to the front set-back line, in conformity with the fence ordinances of the City of Shoreacres. The School District will not be responsible for maintenance of the fence. 3. The School District will install and operate a mercury vapor or sodium security light to be mounted on the new building at a point near the center of the rear property line, for security purposes. 4, The District wi II landscape the area between the property owner's east boundary and the proposed park ing lot to meet or exceed the code of the City of La Porte. e e Letter - Planning & Zoning Commission Page 2 Furthermore, the District has investigated with its architects and mechanical engineers, the possibility of relocating the current classroom expansion and the proposed parking lot to the east side of the existing building, The District has been advised that the relocation of proposed classrooms would require a major redesign of the existing mechanical (heating and air conditioning) configuration within the building. Additionally, the flow of students to the library, offices, and special ty instructional areas would become restricted, The relocation of the park ing faci lity would prohibit an orderly flow of goods to the loading dock of the new cafeteria. The intent of the La Porte Independent School District is to plan and work with this and other property owners in every possible way to continue our "good neighbor" policy, Your consideration is appreciated, M~/u;ry' ~ichard F~ Deputy Superintendent /jw cc: Mr, Edward C. Cook 608 Fairfield Dr, La Porte, TX 77571 e e SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU89-009 SUPPLEMENTAL REPORT Bayshore Elementary School, Drive. 301 Bay Oaks REQUESTED FOR: NOTE: The original staff report regarding this request is attached for reference. BACKGROUND AND ANALYSIS: The Planning and Zoning Commission's November 2, 1989, Public Hearing regarding Special Conditional Use Permit request SCU89-009 was recessed to be reconvened on November 16, 1989. The purpose of this recess was to allow the School District to develop options with which to meet the following concerns. 1. Additional required parking. 2. Inadequate rear setback of the proposed west wing and resulting neighborhood concerns. The school's original proposal indicated seventy seven (77) parking spaces (see Exhibit A). Based on the School District's projection of an ultimate enrollment of seven hundred and twelve (712) students and a staff of fifty two (52), a total of 98 parking spaces will be required. Exhibit B indicates the location of the additional twenty one (21) required parking spaces. Staff would recommend a landscape buffer with a planting plan to be approved by the Director of Community Development, be placed around the outer perimeter of these parking areas. In staff's opinion, the proposed location parking area is satisfactory, and subject landscape buffers, satisfies the requirements (Special Use Performance Standards) and Parking). of the additional to development or of Sections 5-800 10-609 (Required The issues of the west wing setback and neighborhood concerns have also been addressed by the School District, As originally proposed, t.he west wing would have a rear setback of slightly over seven feet, 8 inches (7.7 ft,), This distance falls short of the required twenty (20) feet and would place the rear wall of the school very close to the rear yard of an adjoining home (see Exhibit ^), The home owner has expressed concern regarding potential security problems which l1e foresees as a result of the addition. SCUS9-009 tt SUPPLEMENTAL REPORT PAGE -2- tt In an effort to address these issues, the School District is proposing to increase the rear setback to approximately t~elve feet, eight inches (12.7 ft.). This increased setback area (see Exhibit B) is to be gated at each end to prevent unauthorized entry. Additionally, in order to make this area as visually attractive as possible, the school is proposing to landscape the enclosure. It is the Commission's charge to determine whether or not the School District's amended proposal is an adequate means of satisfying neighborhood concerns. A variance will still be required to allo~ the proposed t~elve foot, eight inch setback. The granting of this variance (which will be considered by the Zoning Board of Adjustments) should be considered as a condition for approval of the requested Special Conditional Use Permit. The other condition which staff would ask the Commission to consider is a requirement for the approval of landscape plans by the Director of Community Development. CONCLUSION: Subject to meeting the follo~ing conditions, this request appears to be eligible for a Special Conditional Use Permit. 1. A variance allo~ing the proposed 12.7 foot west ~ing rear setback must be granted by the La Porte Zoning Board of Adjustments. 2 . Landscape buffer plans shall be approved Director of Community Development. by the OPTIONS: I. Recommend approval of the request. A. As proposed B. With additional or amended conditions II. Recommend denial of the request I I I . Table request for further consideration at a future date. NOTE: Should the Commission choose to table the request, a second public hearing is not required prior to acting on this request, The commission is, however, obligated to forward its findings and recommendation to City Council within fifteen (15) days of the close of the Commission Public Hearing, e e ~. -~ -' . . . ", ~ ,.. .;.. ~, '. - ... . .::~~ ~...."..'", -..l. -'. <.-":".: ,,". ........ J' .' .~ ,-~-~ - ~ ......:-.......... -;.::.....:-::>..;. -.-' - .... - . L:: ":~':' :~'- '/",_'::.. .; ;'.'. ,.:::..:.--._~ . .-... ;: /' . ----.... , " I '. . /". .. .0 . 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""., -:- ~ . _ ~_ _ _. 1:::'""J: _ _H_ - _~;;.;;~;::":~ --"'-ri- . ,--, '. , 1.. ... .4..... .... .. i r "1" .;;-. ,).i ",_'t 'AIRFIELlf w;m ~. .. .. " . .~ - . ... !! .... U. .. ...,:..-:0, .. "1 . .~ .s>> r ,".4" "'i~ .. .-' ..1 .- IJI~ .~"""'~'. ..-'-.- L._.h,-& . -.- -... - CCII".. . ,.r:- sr.- .. ...,...... . " ., " .', " " ~\ .,,~ 2tn~ - ...; ~..;':. =':4_:-~~ i~, .. .:.. ..r, .'.) .,- ,... ..... ." .....) .11 ,I . . ,,-..:.. ,...... ... ..... .......f . . 6.... '"~ ~.~ ~l .' . .. L._ AVENUE "'lTAL ~ ... .. ___ -.:.c.v. 1"". --_,___ , .. 1-::' , ~~"'p .~~t.l.-::- .024 "/.... .. .WL.CI.o.r..tD "" i I I ! I' o"',..w:. .u~. BAY -'- T'" AlIlfA ",~U.'- (". _.CM ... .. .. ~tO SuPKlSEtlLt ) ,~.. ." ..... . ~ ..... - ' .~ ~ o OAKS .........1 \torq,o. 'If' ..., ~ t: m - :r ~ , I \. d'-- DRiVE .""01. ... .. .. 0....:....-. c c.l- .'- C 9"'- ~~.- ....0... ...:.: ., WI .).'IcM. ::It:~:'- ~ ''"\'"0''' c....o... ~ ~.. e e Special Conditional Use Permit Request SCU89-009 Requested For: Bayshore Elementary School Location: 301 Bay Oaks Drive (See Exhibit A) Legal Description: Lt 9 of Blk 3 & Lots 1-12 of Blk 4; Bay Oaks Subdivision Zoning: R-l, Lo~ Density Residential Requested by: La Porte Independent School represented by Mr. Richard F. Hays District Background: The La Porte Independent School District is requesting a Special Conditional Use Permit to allo~ the expansion of the Bayshore Elementary School (See Exhibit B). Section 5-600, Table A of Zoning Ordinance 1501 designates public and private educational institutions (SIC 8211) a Conditional Use ~ithin R-1 Zones. A Conditional Use Permit for the construction of ne~ schools or, as in this case, the expansion of existing facilities. The proposed expansion is to consist of t~o additions: to the east, an approximately 9170 square foot ~ing and to the ~est, an approximately 9150 square foot ~ing. The ne~ wings ~ill accommodate a ne~ library, cafetorium and several ne~ class rooms. Section 5-700, setback requirements Table B designates the following minimum for educational facilities: Front: 30 Ft. Rear: 20 Ft. Side: 10 Ft. Both east ~ing indicated 'f'" . .nlS lLeffi report, ~ings meet front and side setback requirements. The meets rear setback requirements, The vest ~ing, as on Exhibit B, does not meet rear setback requirements. will be discussed in the analysis section of this e e SCU89-009, Report Page 2 The follo~ing specific conditions and standards apply to this type of Conditional Use. I, Section 5-800 Special Use Performance Standards: A. Required Screening B. Traffic Control C. Compatibility with Surrounding Area D. Required Licenses Obtained E, Compatible Alterations & Adequate Parking F. Manufactured Housing Criteria: Not applicable to this request G. Density Bonus: Not applicable to this request II. Section 10-202 Conditions For Approval A. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair values within the immediate vicinity. B. That the conditions placed on such use as specified in each district have been met by the applicant. C. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Analysis: Regarding the Special Use Performance Standards of Section 5-800: Required Screeninq: The Zoning Ordinance requires the screening of private and public school parking facilities. The school district is proposing to expand the parking facilities at the Bayshore School (Parking discussed in detail later in the report,) Screening required around the new parking area. existing will be will be In considering this issue, it must be noted that legitim~te concern has been expressed regarding safety and security problems posed by the solid landscape screening currently required by the Zoning Ordinance. Staff would propose that rather than require a solid screening which would completely shield the parking lots from public view, the Commission recommend a landscape buffer with 2 planting plan to be approved by the Director of Community De\7elopment. e e SCU89-009, Report Page 3 Traffic Control: The Zoning Ordinance requires that traffic generated by a use be channelized in a manner that will avoid or minimize congestion on public streets, safety hazards and excessive traffic through low density residential neighborhoods. It further requires that a use not generate traffic in a volume which exceeds the safe capacity' of the surrounding streets. Traffic control plans must be approved by the Director of Community Development. In the case of Bayshore Elementary School, the Director has deemed these conditions to be satisfied. Compatibility with Surrounding Area: The Zoning Ordinance requires the architectural appearance and functional plan of buildings and site to reflect the character of the surrounding area and not be so dissimilar as to cause impairment of the value of surrounding property. The ordinance further requires compatibility with the existing and future planned use of the surrounding area. The school district has successfully endeavored to develop and maintain an attractive campus at this location. Information so far, received by staff indicates that the proposed addition will blend well with the existing school facility. The issue of the west wing's rear setback must as indicated by Exhibit B, is approximately seven noted in the background section of this report the setback for an educational institution in a Residential Zone is twenty (20) ft. The proposed extend along the same seven ft. setback line. be addressed, (7) ft. As required rear Low Density addition will The City's Bo?rd of Adjustments is empowered to grant (within certain prescribed limits) variances and special exceptions to ordinance setbacK requirements. A variance will be required in order to allow the rear setback proposed for the east wing, Staff would recommend that the grantlng of a variance by the Board of Adjustment be considered as a condition of approval of this request. In terms of the future planned use of the area, the Comprehensive Plan has designated this area for continued use as a low density residential area. The presence of adequate school facilities should serve to make the area more attractive for its long term intended use. e e SCU89-009, Report Page 4 Required Licenses Required: The Zoning Ordinance requires that all necessary governmental permits and licenses be secured and that evidence of such be placed on record with the City. As a state accredited school district, the La Independent School District has met this requirement. Porte Compatible Alteration & Adequate Parkinq: Adequate on site parking as required by Section 10-609 of the Zoning Ordinance must be provided. Required front and side yards may not be used for parking areas. Present parking areas are arranged in conformance with these ordinance requirements. Section 10-609 requires parking based on the following formula. 10 spaces minimum + 1 per each 20 students + 1 per staff member Total Based on the projected student enrollment and staffing levels, the proposed total of seventy-five (75) parking spaces will satisfy ordinance parking requirements. Subject requirements, Section 5-800. to this obtaining a request will variance satisfy to the rear setback requirements of Regarding the "Conditions for Approval" specified by Section 10-202: In staff's opinion, by satisfying the performance standards of 5-800 (subject to the conditions listed below), the school district has demonstrated compatibility with the surrounding area. It is however, up to the Commission, based on public input and its knowledge of the Comprehensive Plan, to make a determination regarding this issue. In regards to specific use zone requirements, in addition to setbacks, the issue of utilities must be considered. It has been verified that adequate water and fire protection are available (or can be readily extended), However, as noted in the preliminary report regarding annexation of the former BayMUD area the capacity and condition of the area's sanitary sewer system is an issue to be considered. e e SCU-009, Report Page 5 The project architect is calculating the total additional sanitary sewer load which the expanded school will generate. Verification of adequate sanitary sewer capacity should be considered as a condition of approval of this request. Finally, regarding site specific conditions, recommend the following. staff would 1. A variance to the ordinance's rear setback requirements must be obtained prior to issuance of a building permit for this project. 2. A landscaped buffer, with a planting plan to be approved by the Director of Community Development, shall be developed between additional parking areas and adjacent property lines. 3. The city engineer must certify the capacity of the sanitary sewer system to accept the additional waste water load to be generated by the Bayshore Elementary addition. Conclusion: Subject to compliance with the above listed conditions, the prerequisite requirements of the Zoning Ordinance are met by the request. The proposed Bayshore Elementary School expansion is therefore eligible to be considered for a Special Conditional Use Permit. Options: I. Recommend approval of the request. A. As proposed B. With additional or amended conditions II. Recommend denial of the request III, Table request for further consideration at a future date. Note: Should the Commission choose to table the request, a second public hearing is not required prior to acting on t!lis request, 'rhe Commission js however, obligated to for~ard l~~ fi!ldirJgs and recomlne11datioll to Cit~' COl.Jncil wit:lli:"J fifteell (15) daY5 of tIle close of t~e C()mmissic)]1 Ptl)J}ic Hearing. , 1.~ I . I i { t II. I ~ ~ ft t r i t J ~:' f ! t ~ f ~- f i' I ~ t ~... J ~. ! r f '. : > 0'^R:2 \\ , .<:. .. ~ ,. .~ i '" ;: LJ R-3 ~ SCALE.: ,": 1000' o I 500 1000 II 2C I t-..}./~':"'i " R-I R~3 " ~" ~' it . , . ~,~~ NC E=XHIBIT A tit e .~~:~-'~::'. :~~.<. ...~ - .' .,.... '.:"~,:::.:';'..-.,".'; . :~'.';'> ~ .:: .~.., -. ........~ , . - . ~: :~\;~:..: ::-::-: "<6'.. "'_ ',.,~ . : --';"" .~. . c.- ,.; C.'- I ..'_0-..\, . "'--, I' ..-c- CO' _ rw-'o,JI <:":XH\BIT B e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM November 2, 1989 FROM: steven K. Wenzel, City Engineer TO: Mark Lewis, Code Enforcement SUBJECT: Sewer Capacity of Bayshore Elementary School Because the proposed construction is improvements to the existing school, I don't anticipate a significant increase in the wastewater discharge. Compliance to the Industrial Waste Ordinance should be assured as well as site drainage. SKW/neb e .e . CITY OF ,LA PORTE' PHONE <<713, 471.5020 . P. O. Box 1115 . LA PORTE, TEXAS 77571 "FILE ",,-- ~... .rl'"' '~"~"'''t'~~,j;..,..,~~\.r...''', .,""';""" 'l.~[&i~ri~;~:~;~:;v :~:"J "':~~_;~ ~.~ ':.~~:,. ~ " December 1, 1989 Dr. Richard Hayes La Porte Independent School District 301 E. Fairmont Parkway La Porte, Texas 77571 Dear Dr. Hayes, This letter is to confirm the favorable action.taken by the La Porte Zoning Board of Adjustments concerning your request for a Special Exemption for a variance in the rear yard setback for the new addition on the west end of Bayshore Elementary School. The Board reviewed the areas of our zoning ordinance which allows the granting of the special exception with specific reference to Section 11-605.2 and reviewed the testimony submitted by you representing the school. The commitment by the La Porte Independent School District to work with the neighbors was also considered by the Board of Adjustment. The commitment as understood is as follows: (1) An 12.8 foot setback area is to be fenced with gates on both the east and west ends abutting the south side of the western addition to the school; (2) Landscape the fenced area to make it attractive to the neighbor; (3) Provide underground culverts to channel away surface drainage accumulating around the proposed expansion; (4) The placing, if requested by the neighboring property owner, of a security light for the fenced area and the adjoining residential rear yard; (5) Making an adjustment to the proposed parking lot that will maintain 35 ft. between the western edge of the parking lot and the eastern fence of Mr. Cook's property. " , e e Dr. Richard Hayes, LPISD December 1, 1989 Page 2 of 2 Again the Board approved the school's request to receive a variance of 7.2 feet from the required 20 foot rear setback. This will allow the proposed addition to ,the. school facility to be located north of the common property line between the school district and Mr. Cook. The action by the Board of Adjustment does fulfill one of the conditions stipulated by the P & Z Commission as they made their favorable recommendation to the City Councilon the special Conditional Use Permit. The City Council will be holding a Public Hearing on December 11, 1989 at 6:00 PM to consider final approval of the school's request for a Special Conditional Use Permit allowing the expansion. If you have any questions concerning this matter, please feel free to contact me. Sincerely, ~Aijj~' ~H. Albrecht, Director Community Development JHAjneb xc: Ervin Griffith, Chief Building Official · CITY OF LlpORTE PHONE (713) 471-5020 . P.O Box 1115 . LA PORTE. TEXAS 77571 November 21, 1989 Honorable Mayor Norman Malone and City Council City of La Porte, Texas RE: Special Conditional Elementary School Use Permit #SCU89-009, Bayshore Dear Mayor Malone: On November 2, 1989, the La Porte Planning and Zoning Commission, in Public Hearing, considered Special Conditional Use Permit Request #SCU89-009. The purpose of this request, which was submitted by the La Porte Independent School District, is to allow construction of building additions to the Bayshore Elementary School. The Bayshore school is located on Lot 9 of Block 4 of the Bay Oaks Subdivision which is further described as 301 Bay Oaks Drive. The November 2 Public Hearing was recessed for the purpose of allowing the School District to amend its original proposal. The Public Hearing was reconvened on November 16, 1989, and the Commission considered the amended proposal in Public Hearing and Regular Session. The Commission, by a vote of four (4) to one (1), has recommended approval of this request, subject to the conditions listed on the attached Special Conditional Use Permit #SCU89-009. Respectfully s~mitted, ~~..-/ Ja t Graves Ch' rman, La Porte Planning and Zoning Commission JG/MSL:tlr Attachment . - REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: December 11. 1989 Requested By: Joel Albrecht~Department: Community Develooment X Report Resolution X Ordinance Exhibi ts: 1. 2. Staff Report Letter of Transmittal from Planning & Zoning Commission Special conditional Use Permit: SCU89-010 Transparencies 3. 4. ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION SPECIAL CONDITIONAL USE PERMIT #SCU89-010: LOMAX ELEMENTARY Summary: On November 2, 1989, the La Porte Planning and Zoning Commission, in Public Hearing and Regular Session, considered Special Conditional Use Permit Request SCU89-010. The purpose of the request, which was submitted by the La Porte Independent School District, is to allow construction of a building addition to the Lomax Elementary School. The Lomax school is located on La Porte Outlot 422 and the East 1/2 of La Porte Outlot 423, which is further described as 10615 North "H" Street. Recommendation: The Commission, by unanimous vote, recommended approval of this request, subject to the conditions listed on the attached Special Conditional Use Permit #SCU89-010. Council Ootions: 1. Approve request by granting Special Conditional Use Permit SCU89-010: A. As proposed B. With additional or amended conditions 2. Deny request by disapproving Special Conditional Use Permit SCU89-010. 3. Table the request for further consideration at a future date. Action Required by Council: 1. Hold Public Hearing to consider Special Conditional Use Permit request #SCU89-010. 2. At close of Public Hearing, call for vote to approve or deny Special Conditional Use Permit #SCU89-010. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: Yes NO ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda _aT'M Robert T. Herrera City Manager \~-\o.-8~ Date e CITY OF LA PORTE e RECEIVED UCT 1 2 1989 CODE. ENFORCEMENT APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ---------------------------------------------------------------------- OFFICE USE ONLY: Fee: $100.00 Application No.: )C.ur;~ -CliO Date Received: Receipt No.: .~/~ Certified Plans Submitted: ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan ( ) Preliminary Plat p~;~~~-~~ki~;-R~~~~~t~----RidiardF~HaYS-------------------------------- Hailing Address: 301 E, Fairmont Pkwy La Porte, TX 77571 'Phone: 471-2513 City/State: BUSINESS NAME: LA PORTE INDEPENDENT SCHOOL DIS1RICT LEGAL DESCRIPTION: ZONE: 10615 North Ave, L LOMAX ELEMENTARY SCHOOL O/;!/II{ 1.;'2,1-4-- E { tJfO~ f-/7-) '{J J() ,1 I' PROPERTY ADDRESS: SIC USE CATEGORY: TYPE OF BUSINESS: 10/11/89 Date Public Education LRiJ~~,~ O\mer or\ Authorized A ent ---------------------------------------------------------------------- OFFICE USE ONLY Date of P & Z Public Hearing: )1.:7 LI :l. Recommendation: Y or N Date of City Council Meeting: Zone: f( - I . Approved: Y or N This application is:. Approved ( ) Permit t} Denied ( ) CLP JOB D (If Assigned Yet) Conditions: Zoning Administrator Date CED/1-'87 e e special Conditional Use Permit Request SCU89-010 Requested For: Lomax Elementary School Location: 10615 North Avenue "L" (See Exhibit A) Legal Description: Outlot 422 & the East 1/2 of Outlot 423; La Porte Out lots Zoning: R-1, Low Density Residential Requested by: La Porte Independent School represented by Mr. Richard F. Hays District Background: The La Porte Independent School District is requesting a Special Conditional Use Permit to allow the expansion of the Lomax Elementary School (See Exhibit B). Section 5-600, Table A of Zoning Ordinance 1501 designates public and private educational institutions (SIC 8211) a Conditional Use within R-1 Zones. A Conditional Use Permit is required for the construction of new schools or the expansion of existing facilities. The proposed expansion is to consist of an approximately 14,700 square foot addition which is intended to accommodate ten new classrooms, restroom facilities as well as a mechanical room and janitor's closet. Section 5-700, Table B designates the following minimum setback requirements for educational facilities: Front: Rear: Side: 30 Ft. 20 Ft. 10 Ft. The setbacks of the proposed addition are, in all cases, greater than those required by ordinance (See Exhibit B). The following specific conditions and standards apply to this type of Conditional Use, I. Section 5-800 Special Use Performance Standards: A. Required Screening B, Traffic Control C. Compatibility with Surrounding Area D. Required Licenses Obtained E. Compatible Alterations & Adequate Parking F. Manufactured Housing Criteria: Not applicable to this request G. Density Bonus: Not applicable to this request e e SCU89-010, Report Page 2 II. Section 10-202 Conditions For Approval A. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair values within the immediate vicinity. B. That the conditions placed on such use as specified in each district have been met by the applicant. C. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Analysis: Regarding the Special Use Performance Standards of Section 5-800: Required Screeninq: The zoning ordinance requires the screening of public and private school parking facilities. The existing parking facilities at School, as will be discussed later in this adequate to meet the school's needs even expansion. the Lomax Elementary report, appear to be after the proposed Regarding screening, it should be noted that legitimate concerns have been raised regarding safety and security problems which can develop if parking areas are allowed to be completely screened from public view. The driveways and parking lot at this school are surrounded by grassed areas in which the school district has planted several trees. In staff's opinion the present landscaping satisfies the astethic intent of the Zoning Ordinance. While the Commission is certainly within its rights to require additional landscape planting around the parking lot, staff requests that safety and security issues be carefully considered before any decision is made regarding specific requirements. Traffic Control: The Zoning Ordinance requires that traffic generated by a use be channelized in a manner that will avoid or minimize congestion on public streets, safety hazards and excessive traffic through low density residential neighborhoods. It further requires that a use not generate traffic in a volume which exceeds the safe capacity of the surrounding streets, Traffic control plans must be approved by the Director of Community Development. e e SCU89-010, Report Page 3 In the case of Lomax Elementary School, the Director has deemed these conditions to be satisfied. Compatibility with surrounding Area: The Zoning Ordinance requires the architectural appearance and functional plan of buildings and site to reflect the character of the surrounding area and not be so dissimilar as to cause impairment of the value of surrounding property. The ordinance further requires compatibility with the existing and future planned use of the surrounding area. The school district has successfully endeavored to develop and maintain an attractive campus at this location. Information so far, received by staff indicates that the proposed addition will blend well with the existing school facility and enhance the surrounding neighborhood. Expanded school facilities should also act to facilitate the further development of "Lomax" as a desireable low density residential area thereby furthering one of the major goals of the Comprehensive Plan. Required Licenses Required: The Zoning Ordinance requires that all necessary governmental permits and licenses be secured and evidence of such be placed on record with the City. As a state accredited school district, the La Independent School District has met this requirement. Porte Compatible Alteration & Adequate Parkinq: parking as required by Section 10-609 of the must be provided. Required parking must not be required front yard area. Adequate on site Zoning Ordinance provided within a The present parking lot is located approximately 65 ft. from the schools front property line, well behind the required thirty (30) foot required front yard area. Section 10-609 requires parking based on the following formula. 10 spaces minimum + 1 per each 20 students + 1 per each staff member Based on the total projected student enrollment and staffing levels, this school will be required to provide on hundred five (105) parking spaces. The present parking lot contains one hundred ten (110) spaces. As proposed, the Lomax Elementary School addition will satisfy the Special Use Performance Standards of Section 5-800, e e SCU89-010, Report Page 4 Regarding the "Conditions for Approval" specified by Section 10-202: In staff's opinion, by satisfying the performance standards of Section 5-800, the school district has demonstrated compatibility with the surrounding area. It is however up to the Commission, based upon public input and its knowledge of the Comprehensive Pl~n to made a determination regarding this issue. The addition, as proposed meets the conditions of setback, height, landscaping and other ordinance requirements for development within a Low Density Residential Use Zone. Finally, regarding site specific conditions, although staff has no additional conditions to recommend, the Commission does have the right to recommend any specific conditions which it feels are necessary for the benefit of the surrounding neighborhood. Conclusion: The prerequisite met by this request. expansion is therefore Conditional Use Permit. requirements of the Zoning Ordinance are The proposed Lomax Elementary School eligible to be considered for a Special Options: I. Recommend approval of the request A. As proposed B. With additional conditions II. Recommend denial of the request III. Table the request for further consideration at a future date. NOTE: Should the Commission choose to table the request, a second public hearing is not required prior to acting on request, The Commission is however, obligated to forward its findings and recommendations to City Council within fifteen days of the close of the Commissions Public Hearing. ,_::""__'-x,-,>:""""",X':->>X';';:;":',, e BATTLEGROUND INDUSTRIA! BY ORDINANCE 729 PASSE \,j.. \' \ .. "1,.: LI . ~ ~ "'-"1:9-. ~ -- rX!::-~...j' ~~0 ~ .~" "*. ~~,~:~-';<::;" ,.. U "lIlS. ''ol:lAAII II I SCALE: I : 1000 o I 500 1000 I 2000 I .l. . . ,. ' . ; ;J i .S!" R-I 1 ,,'7 \ R ,. R-2 PUD EXHIBIT A 10 f ill . ;' Site Plan e G.,.., .~ .)I. a ... Lomax ElementalY School Expansion La Porte I S. D ....."',~OO"w....I...:...'" e ~ .. ~XH'Brr B e CITY OF L~ PORTE PHONE (713) 471-5020 . P.O Box 1115 . LA PORTE. TEXAS 77571 November 21, 1989 Honorable Mayor Norman Malone and City Council City of La Porte, Texas RE: Special Conditional Use Permit #SCU89-010, Lomax Elementary School Dear Mayor Malone: On November 2, 1989, the La Porte Planning and Zoning Commission, in Public Hearing and Regular Session, considered Special Conditional Use Permit Request #SCU89-010. The purpose of this request, which was submitted by the La Porte Independent School District, is to allow construction of a building addition to the Lomax Elementary School. The Lomax school is located on La Porte Outlot 422 and the East 1/2 of La Porte Outlot 423, which is further described as 10615 North "H" Street. The Commission, by unanimous vote, recommended this request, subject to the conditions listed on Special Conditional Use Permit #SCU89-010. R~pectfUllY s/}mitted, 4/'fWj .>tZ-H~~ J t Graves Ch irman, La Porte Planning and Zoning Commission approval of the attached JG/MSL:tlr Attachment e e 8 e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: xxx Report 11. 1989 Requested By: Joel Albrec Department: Communitv Devel. Resolution Ordinance Exhibits: Notice of citizen Participation Meeting SUMMARY , RECOMMENDATION This citizen Participation meeting is to comply with Section 104(a) of the Housing and Community Development Act of 1974, which requires a citizen Participation Plan which includes the following: (1) provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which Section 106 funds are proposed to be used, and in the case of a grantee described in Section 106(a), provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; (2) provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by regulations of the Secretary, and relating to the actual use of funds under this title; (3) provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; (4) provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (5) provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and (6) identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can reasonably be expected to participate. This meeting will be the first step in our submission for a grant of funds under the Community Development Block Grant Program. The staff will present our recommendation of proj ects for consideration and prioritizing by city Council. Action Required by Council: Hold a citizen participation meeting and gather information to be used as part of our request for Community Development Block Grant funds. Availability of Funds: General Fund Capital Improvement xxx Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: ___Yes ___No ApDroved for city Council Aaenda ~~ T. Herrera, city Manager ~~~ Date . .. . e NOTICE OF CITIZENS PARTICIPATION MEETINGS To discuss and receive input on the City of La Porte's FY 1990 Community Development Block Grant Project Proposal(s) The meetings shall' be held on Thursday, December 7, 1989 at 7:00 PM before the Planning & Zoning Commission and on Monday, December 11, 1989 at 6:00 PM before the City Council Each meeting shall be held at City of La Porte council Chambers 604 W. FainnontParkway La Porte,. Texas , ~ ., . e q .. . . CONSIDER APPROVING SPECIAL CONDI'l'IONAL USE PERMI'rS FOR RIZZufb ELEMENTARY, BAYSHORE ELEMENTARY AND LOMAX ELEMENTARY J. Albrecht Motion by Second by VOTE: Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried ~t:v c, 1J..(,l. ... t, ~ FOR ~efeated AGAINST Tabh~J ABSTAIN e e /0 AllLEST FOR CITY COUNCIL AGENDA I~ AGENDA DATE REQUESTED December 11, 1989 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance REPORT RESOLUTION x ORDINANCE EXHIBITS: Memorandum from City Attorney Ordinance SUMMARY AND RECOMMENDATION On November 7, 1989, the voters of Texas approved a constitutional amendment that exempts from ad valorem taxation certain personal property held temporarily in the State. These >>Business Inventories" are now exempt unless the City takes action to deny the exemption. I have contacted the Harris County Appraisal District in an attempt to determine the effect on the City of La Porte if these properties are allowed to be exempt. They have been unable to provide the information requested. It is my understanding that if we allow the exemption at this point, we will be unable to deny it at a later date. I have contacted the City's Tax Attorney, Mr. Dexter Joiner, and he felt that the majority of the entities in our position are going to deny the exemption because they also do not have the information necessary to make an intelligent decision. I have also contacted the City's Industrial District appraiser, Mr. Hugh Landrum, and he suggested the City deny the exemption. Based on the information available at this time, staff strongly recommends that the City deny the exemption and that the property remain on the City's Tax Roll until the time that staff can make an educated decision based on data analysis. ACTION REQUIRED BY COUNCIL: Approve or disapprove Ordinance. AVAILABILITY OF FUNDS: GENERAL FUND UTI LI TY FUND OTHER ACCOUNT NUMBER: FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA G~T.~ ROBERT T HERRERA CITY MANAGER \"2...~.8' DATE e e ASKINS & ARMSTRONG, p, C. ATIORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 121B LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS .JOHN D. ARMSTRONG TELEPHONE 713 471 1886 TELECOPIER 713 4712047 November 15, 1989 Mr. Robert T. Herrera City Manager H~rable Mayor and ~ity Council City of La Porte City Hall La Porte, Texas Dear Lady and Gentlemen: The 7lst Legislature passed and approved S.J.R. No. 11, proposing a constitutional amendment to authorize the exemption from ad valorem taxation of certain personal property temporarily in the State for certain purposes. This amendment was approved by the voters at the general election held November 7, 1989. A copy of S.J.R. No. 11 is attached to this letter. S.J.R. No. 11 is so written, that the tax exemptions on tangible personal property which it creates, will automatically become effective, unless rescinded by the City Council by official action prior to January 1, 1990. If these newly created exemptions are allowed to go into effect, the City of La Porte could incur substantial revenue losses. I have prepared and enclose herewith, a proposed form of ordinance, for the December 11, 1989, City Council meeting, by which the City Council would take official action to revoke the exemption created by the constitutional amendment, and keep this property on the City's tax rolls. It is imperative that this ordinance be passed in calendar year 1989, to protect the City's ability to tax this property in calendar 1990. Yours very trulY;// ~ul~ Knox W. Askins City Attorney City of La Porte KWA: sw Attachment S.J.R. 5, ~ 1 718t LEGISLATURE-REGULAR SESSION shall be used for purposes provided by Section 49-c of this article, $200 million of those bonds shall be used for purposes provided by Section 49-d-1 of this article, and $50 million of those bonds shall be used for flood control as provided by law. (b) The Texas Water Development Board may use the proceeds of Texas water develop~~nt bonds issued for th~ 1!urposes p,,:ovided. by Section 49-c of this artic!e/or the add~ttonal purpose of promdmg finanC'tal asmtance, on terms and cond~ttons provided by law, to various political subdivisions and bodies politic and corporate of the state and to nonprofit water supply corporations to provide for acquisition, improvement, exten.-non, or construction of water supply projects that involve the distribution of water to points of delivery to wholesale or retail customers, (c) The legislature may require review and approval of the issuance of the bonds, the use of the bond proceeds, or the rules adopted by an agency to govern use of the bond proceeds. Notwithstanding any other provision of this constitution, any entity created or directed to conduct this review and approval may include members or appointees of members of the executive, legislatit.e, and judicial departments of state government. (d) Except as specifically provided by Subsection (e) of this section, the Texas Water Development Board shall issue the additional bonds authorized by this section for the terms, in the denominations, form, and installments, on the conditions, and subject to the limitations provided by Sections 49-c and 49-4-1 of this article and by laws adopted by the legislature implementing this section. (e) The legislature may provide by law for subsidized loans and grants from the proceeds of bonds authorized by this section to provide wholesale and retail water and wastewater facilities to economically distressed areas of the state as defined by law, provided, the principal amount of bonds that may be issued for the purposes under this subsection may not exceed 20 percent of the total amount of bonds authorized by this section. Separate accounts shall be established in the water development fund for administering the proceeds of bonds issuedfor purposes under this subsection, and an interest and sinking fund separate from and not subject to the limitations of the interest and sinking fund created pursuant to Section 49-c for other Texas water development bonds is established in the State Treasury to be used for paying the principal of and interest on bonds for the purposes of this subsection, While any of the bonds authorizedfor the purposes of this subsection or any of the interest on those bonds is outstanding and unpaid, there is appropriated out of the first money coming into the State Treasury in each fiscal year, not otherwise appropriated by this constitution, and amount that is sufficient to pay the principal of and interest on those bonds issued for the purposes under this subsection that mature or become due during that fiscal year. (j) Subsections (c) through (e) of Section 49-4-2 of this article apply to the bonds authorized by this section. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held on November 7, 1989. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to authorize the issuance of an additional $500 million of Texas water development bonds for water supply, water quality, and flood control purposes," Adopted by the Senate on April 11, 1989, by the following vote: Yeas 30, Nays O. Adopted by the House on May 25, 1989, by the following vote: Yeas 137, Nays 2, one pres:mt not voting, Filed with the Secretary of State, May 31, 1989, ( S.J.R, No, 11 SENATE JOINT RESOLUTION proposing a constitutional amendment to authorize the exemption from ad valorem taxation certain personal property temporarily in the state for certain purposes, Be it resolved by. the Legislature of the State of Texas: A-2 PROP( SEG as foll.: Sec. (b) A , 'requiT, COrpOr' ascerL (c) '1 impog;: mllnid persc... and a" (d) goods for tt valor~ (1 "n~1 .- ~--- 1\11~ (~ ext::= -1___ _ UW" (e) prop", sectiG (f) or co. levie, SEI I to fE- Sf,- char! othti, ( thi fo, 1 P" pi pi I tho (b; sedi -in if cc in L - (lA, m SESSION JO million of ~ article, and ided by law. Texas water lis article for !d conditions ~ corporate of , acquisition, ,t involve the ~ers. of the bonds, ~rn use of the tn, any entity 1 members or nents of state e Texas Water ;ection for the s, and subject 1 and by laws 2nts from the tail water and efined by law, 'lrposes under authorized by 'ment fund for ection, and an :tations of the r Texas water or paying the While any of terest on those money coming riated by this nd interest on or become due ~~ t f. t ,~, .~ ~ , * ~. ~ Y to the bonds ~d to the voters :i to provide for ) authorize the )nds for water as 3D, Nays 0, is 137, Nays 2, 'om ad valorem urposes, ';r".:'i>\.:4';'",'-~~<-' ,i;fi( PROPOSED CONSTITUTIONAL AMENDMENTS S.J.R. 11, ~ 2 ~ t ~ SECTION 1. That Article VIII, Section 1, of the Texas Constitution is amended to read as follows: Sec, 1. (a) Taxation shall be equal and uniform. (b) All real property and tangible personal property in this State, unless exempt as required or permitted by this Constitution, whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law. (c) The Legislature may provide for the taxation of intangible property and may also impose occupation taxes, both upon natural persons and upon corporations, other than municipal, doing any business in this State, It may also tax incomes of both natural persons and corporations other than municipal, except that persons engaged in mechanical and agricultural pursu~ts .shall never be required to pay an occupation tax. (d) The Legislature by general law shall exempt from ad valorem taxation household goods not held or used for the production of income and personal effects not held or used for the production of income, The Legislature by general law may exempt from ad valorem taxation: (1) all or part of the personal property homestead of a family or single adult, "personal property homestead" meaning that personal property exempt by law from forced sale for debt; and (2) subject to Subsection (e) of this section, all other tangible personal property, except structures which are personal property and are used or occupied as residential dwellings and except property held or used for the production of income, (e) The governing body of a political subdivision may provide for the taxation of all property exempt under a law adopted under Subdivision (2) of Subsection (d) of this section and not exempt from ad valorem taxation by any other law, (j) [W] The occupation tax levied by any county, city or town for any year on persons or corporations pursuing any profession or business, shall not exceed one half of the tax levied by the State for the same period on such profession or business. SECTION 2, Article VIII of the Texas Constitution is amended by adding Section 1-j to read as follows: \. Sec. 1-j, (a) To promote economic development in the State, goods, wares, mer- chandise, other tangible personal property, and ores, other than oil, natural gas, and other petroleum products, are exempt from ad valorem taxation if: (1) the property is acquired in or imported into this State to be forwarded outside this State, whether or not the intention to forward the property outside this State is formed or the destination to which the property is forwarded is specified when the property is acquired in or imported into this State; (2) the property is detained in this State for assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property; and (3) the property is transported outside of this State not later than 175 days after the date the person acquired or imported the property in this State, (b) Tangible personal property exempted from taxation in Subsection (a) of this section is subject to the following: (1) A county, common, or independent school district, junior college district, or municipality, including a home-rule city, may tax such property otherwise exempt, if the governing body of the county, common, or independent school district, junior college district, or municipality takes official action as provided in this section and in the manner provided by law to provide for the ,taxation of such property, (2) Any official action to tax such exempt property must be taken before April 1, 1990, If official action is taken to tax such exempt property before January 1, 1990, such property is taxable effective for the tax year 1990, However, if such official action to tax such exempt property is taken prior to April 1, 1990, but after January A-3 . ~{ Ie .~ .}t ~:~ t., SJ.R. 11, ~ 2 718t LEGISLATURE-REGULAR SESSION ,.."tftl'!""<""""1f"'~"; ~"-r '~,_. 1, 1990, the official action shall not become effective to tax such property until the 1991 tax year, (3) Any of the above-named political subdivisions shall have the authority to exempt from payment of taxation such property located in such above-named political subdivisions for the taxing year 1989, If a governing body exempts the property from 1989 taxes, the governing body shall waive 1989 taxes already imposed and refund 1989 taxes already paid on such property for that year, (-'I) The governing body of a county, common, or independent school district, junior college district, or municipality that acts under Subdivision (2) of Subsection (b) of this section to tax the property otherwise exempt by Subsection (a) of this section may subsequently exempt the property from taxation by rescinding its action to tax the property, The exemption applies to each tax year that begins after the date the action is taken and applies to the tax year in which the action is taken if the governing body so provides, A governing body that rescinds its action to tax the property may not take action to tax such property after the rescission, (c) For purposes of this section: (1) tangible personal property shall include aircraft and aircraft parts; (2) property imported into this State shall include property brought into this State; (3) property forwarded outside this State shall include property transported outside this State or to be affixed to an aircraft to be transported outside this State; and W property detained in this State for assembling, storing, manufacturing, pro- cessing, or fabricating purposes shall include property, aircraft, or aircraft parts brought into this State or acquired in this State and used by the person who acquired the properly, aircraft, or aircraft parts in or who brought the property, aircraft, or aircraft parts into this State for the purpose of repair or maintenance of aircraft operated by a certificated air carrier, SECTION 3, This proposed constitutional amendment shall be submitted to the voters at an election to be held on November 7, 1989. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment promoting economic growth, job creation, and fair tax treatment for Texans who export goods to other states and nations by restoring and allowing, on a local option basis, an ad valorem tax exemption for certain personal property that is in Texas only temporarily for the purpose of assembling, storing, manufacturing, processing, or fabricating," Adopted by the Senate on March 16, 1989, by the following vote: Yeas 27, Nays 2; May 25, 1989, Senate refused to concur in House amendment and requested appoint- ment of Conference Committee; May 26, 1989, House granted request of the Senate; May 27, 1989, Senate adopted Conference Committee Report by the following vote: Yeas 28, Nays 2. Adopted by the House, with amendment, on May 15, 1989, by the following vote: Yeas 140, Nays 0, one present not voting; May 26, 1989, House granted request of the Senate for appointment of Conference Commit- tee; May 29, 1989, House adopted Conference Committee Report by the following vote: Yeas 143, Nays 2, two present not voting, Rled with the Secretary of State, June 6, 1989. S,J.R. No, 16 SENATE JOINT RESOLUTION proposing a constitutional amendment to abolish the office. of county surveyor in certain counties, Be it resolved by the Legislature of the State of Texas: SECTION 1. Article XVI, Section 44, of the Texas Constitution is amended by adding Subsection (f) to read as follows: A-4 .. , . . .. .. -. -, - -'..,..,.. - -~. ~ ._, ......~~ ~~h.'IIIi:.~'..:~", PROPOSo; (f) This Harris, u. January 1 of this S~J, voting on office of (, duties, a1! designat'3' and the ( considers SECTIO at an ele.'~ voting for of county Adopted that 'i0';: by Filed ';.:" t' ~ " & proposing bonds for institutk.;- tion in!:!:;: Be it i~ SECTIC Subsecti(.. (cX1) 1, obligatiCl, section, .-. new COTT youth CCl, repair or (2) 1, appro:' status . the pTi this S~!' SECTH to be hpl, against i general c' correctiQi~ expansic.i- Adopte. 'L_ Uli1l 'ie' by Filed.. > , ~ ",.,.....,"<".,..,.... ~ ". "r.T...' __"~~"'" _t.,. " .."...,,_. _.__,',"'" "', __ ,~... ""'-'" ~...."I';.ff~:'.::I!l.>.,..." 1lBI1t~~ . ION , the If to med the lady 'ear, rict, tion this 1 its ifler :ken I tax this 'Tted tate; pro- 'arts who ~rty, ance )ters e for omic ;ates tax pose May loint- : the the May ( 26, nmit- )wing .rtain ]ding ... .'.., , e e PROPOSED CONSTITUTIONAL AMENDMENTS S.l.R. 24, ~ 2 (j) This subsection applies only to the counties of Cass, Ector, Garza, Smith, Bexar, Harris, and Webb, The office of County Surveyor in the county is abolished on January 1, 1990, if at the statewide election at which the addition to the Constitution of this subsection is submitted to the voters, a majority of the voters of that county voting on the question at that election favor the addition of this subsection. If the office of County Surveyor is abolished in a county under this subsection, the powers, duties, and functions of the office are transferred to the county officer or employee designated by the Commissioners Court of the county in which the office is abolished, and the Commissioners Court may from time to time change its designation as it considers appropriate, SECTION 2, This proposed constitutional amendment shall be submitted to the voters at an election to be held on November 7, 1989, The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to abolish the office of county surveyor in Cass, Ector, Garza, Smith, Bexar, Harris, and Webb counties," Adopted by the Senate on April 13, 1989, by the following vote: Yeas 29, Nays 0; and that the Senate concurred in House amendments on May 28, 1989, by the following vote: Yeas 28, Nays 0, Adopted by the House, with amendments, on May 26, 1989, by the following vote: Yeas 134, Nays 5, Filed with the Secretary of State, June 6, 1989. . S,J.R. No, 24 SENATE JOINT RESOLUTION I ~. proposing a constitutional amendment providing for the issuance of general obligation bonds for acquiring, constructing, or equipping corrections institutions, youth corrections institutions, statewide law enforcement facilities, and mental health and mental retarda- tion institutions, Be it resolved by the Legislature of the State of Texas: _ SECTION 1. Article III, Section 49-h, of the Texas Constitution is amended by adding Subsection (c) to read as follows: (cX1) The legislature may authorize the issuance of up to $400 million in general obligation bonds, in addition to the amount authorized by Subsection (a) of this section, and use the proceeds of the bonds for acquiring, constructing, or equipping new corrections institutions, mental health and mental retardation institutions, youth corrections institutions, and statewide law enforcement facilities and for major repair or renovation of existing facilities of those institutions, (2) The provisions of Subsection (a) of this section relating to the review and approval of bonds and the provisions of Subsection (b) of this section relating to the status of the bonds as a general obligation of the state and to the manner in which the principal and interest on the bonds are paid apply to bonds authorized under this subsection. SECTION 2, This proposed amendment shall be submitted to the voters at an election to be held November 7, 1989, The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment authorizing the issuance of general obligation bonds for projects relating to facilities of corrections institutions, youth corrections institutions, and mental health and mental retardation institutions and for the expansion of statewide law enforcement facilities," Adopted by the Senate on April 12, 1989, by the following vote: Yeas 27, Nays 0; and that the Senate concurred in House amendment on May 28, 1989, by the following vote: Yeas 28, Nays O. Adopted by the House, with amendment, on May 26, 1989, by the following vote: Yeas 141, Nays 2, one present not voting, Filed with the Secretary of State, May 31, 1989, A-5 e e /1 e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED December 11. 1989 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance REPORT RESOLUTION x ORDINANCE EXHIBITS: Memorandum from Director of Finance Ordinance SUMMARY AND RECOMMENDATION There are two areas of the operation of the Utility Fund's Billing and Collection procedures that need changing. The first area concerns the billing of sewer usage to the customers. The current method of basing the sewer charge on discounted water consumption (95%) with a cap based on a "winter" average is cumbersome and creates both computer and personnel problems. Staff is proposing that the charge for sewer consumption be based on a discounted water consumption (90%) of the "winter" months and charged equally throughout the year. The second area concerns the application of penalties on delinquent balances. The current method applies a penalty of 10% to all outstanding balances. Staff is proposing the we apply a penalty of 10% on the current billing that is delinquent and a 1% interest charge on all other delinquent amounts. ACTION REQUIRED BY COUNCIL: Approve or disapprove Ordinance. AVAILABILITY OF FUNDS: GENERAL FUND UTI L ITY FUND OTHER ACCOUNT NUMBER: FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA G~T.~ ROBERT T HERRERA CITY MANAGER \1.- ~. 1>'1 DATE e e CITY OF LA PORT INTER-OFFICE MEMORANDUM TO: Robert T. Herrera, City Manager DATE: December 4, 1989 FROM: Jeff Litchfield, Director of Finance SUBJECT: Changes to Utility Billing Ordinance Background In recent months, we have experienced severe problems with our Utility Billing Software System. In November, 1989, Larry Mabe, MIS Manager for the City, Chip Collins, Principal with the Accord Group, and myself visited with representatives of Network Computing Corporation (NCC) and discussed the Utility Billing Software System. It was determined that the majority of the problems we have been experiencing would be corrected with the upgrading of our Utility Billing Software to the newer release (or version) offered by NCC. It was further determined that the upgrading should coincide with the installation of our hand held meter reading devices. NCC recommended that any changes we expect to make to the software in future months be identified now so they can be incorporated into the new software and tested before it is installed. They specifically requested that we change the way we calculate our Residential Sewer Charge. The following two changes are changes that I believe will make our operation run more smoothly as well as provide a fairer bill to the customer. Change of Calculation of Sewer Bill I have discussed with you the changing of the way the City calculates residential sewer bills several times in the past. The current method of sewer calculation is sound in theory but difficult in application. The current method provides a discounted water consumption usage (95%) and a cap on the sewer bill based on the average of three "winter" months. The discounted consumption usage is meant to provide a physiological advantage to the customer. It assumes that there is a certain percentage of water used during the winter that does not go through the wastewater treatment process. While this is true for some customers, it is not true for all customers. This method of calculation has advantages and disadvantages which I have listed below: Advantages 1. The customer has a sewer bill calculated on each months water consumption. e e 2. The bill is limited to the amount of water used during the winter months. DisadvantaQes 1. The sewer bill is never the same each month (except mlnlmum usage customers), this causes a tremendous amount of questions. 2. The method provides a tremendous overhead on the computer because it has to provide a fairly complicated calculation on every residential account each month. We have had problems with our computer calculating the bills ever since we have had the system. I have had NCC review the problem and make changes several times since I have been here. In spite of their modifications, we are continually finding accounts where the calculation is being performed wrong. The reason I have not requested the changing of the method earlier is that I did not have the tools or access to the data necessary to make an intelligent decision regarding the changing of the method. Now that I have the tools, I have been able to fully analyze the financial impact of a decision to change the method. As stated earlier, the current method provides a discounted water consumption usage (95%) and a cap on the sewer bill based on the average of three "winter" months. I am proposing that we calculate the sewer bill based on the average of the three "winter" months and that this charge be billed for the next twelve months. In other words, the average consumption used in November, December and January will be used to calculate the residents sewer bill. This amount will be calculated in February and will be billed each month until the following February. I analyzed the impact of this change on a sample of approximately 20% of the residential accounts. If we were to adopt this change using the 95% discount method currently in existence, we would increase the total sewer revenue received by the City by approximately 5%. This increase would be born by those customers that have an inverted usage (i.e. they use more water during the winter months than they do during the summer months). Because the purpose of this change is NOT to increase revenues, I also ran a model on the data using a 90% discount and found that the increase in revenues was less than 1/2 percent with 83% realizing a change of less that 50 cents per month. Based on my analysis, I propose that Section 5,d,(5) of the Water and Sewer Ordinance be rewritten as follows: Computation of Volume Based on Water Purchased: Residential The volume of sewage treated shall be based upon 90% of the resident's average water billed for water metered during the months of November, December, and January. e e ChanQe of Calculation of Penalties on Bills Paid Late The second change I am requesting is the method by which we apply penalties to customers that do not pay their bills on time. Our City is composed of a mixture of people. There are many people that do not enjoy the financial freedom to pay all of their bills each month when they are due. These customers get behind in their bills and, as I will demonstrate later, our current method of penalty application provides a great hindrance in their attempt to bring their bill current. Our current method calls for a 10% penalty to be added to the bill each month fo~ any balances that are outstanding. This 10% amounts to an annual penalty amount of 213%. I am proposing that we change our method to only charging the 10% penalty on the current portion due each month and adding a 1% per month interest charge on any arrears. An example of each method on a hypothetical customer is as follows: Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Current Proposed Arrears 0.00 0.00 Bill i ng 50.00 50.00 Payment 0.00 0.00 Penalty 5.00 5.00 Interest 0.00 0.00 Arrears 55.00 55.00 Bill i ng 50.00 50.00 Payment 0.00 0.00 Penalty 10.50 5.00 Interest 0.00 .55 Arrears 115. 50 110 . 55 Bi 11 ing 50.00 50.00 Payment 75.00 75.00 Penalty 9.05 0.00 Interest 0.00 .85 Arrears 99.55 86.40 Bill i ng 50.00 50.00 Payment 75.00 75.00 Penalty 7.45 0.00 Interest 0.00 .61 Arrears 82.00 62.01 Bi 11 ing 50.00 50.00 Payment 75.00 75.00 Penalty 5.70 0.00 Interest 0.00 .37 Arrears 62.70 37.38 Billing 50.00 50.00 Payment 75.00 75.00 Penalty 3.77 0.00 Interest 0.00 .12 Arrears 41.47 12.50 e e The example on the previous page shows a customer that experiences difficulty in a two month period. They contact us and ask that we bear with them for a couple of months when they expect their financial position to turn around. They then start paying an amount equal to 150% of their current billing. Under our current method, at the end of six months, they still have a balance of $41.47. Under the proposed method, their balance would be $12.50. A summary of the transactions for the six months is: Current Proposed Billings 300.00 300.00 Payments 300.00 300.00 Penalties 41.47 10.00 Interest 0.00 2.50 It is my understanding that the purpose of imposing a penalty is to encourage customers to pay their bills on time thereby assuring a constant cash flow to match our expenditure flow. Our current method tends to create a hardship on customers who are trying to dig themselves out of a hole. I believe that the method I propose would be a much fairer method while at the same time providing the incentive needed to assure our cash flow. I analyzed the impact of this change on approximately 50% of one months transactions. The result of the proposed change would be to reduce revenues from penalties and interest by 20% or $30,000 per year. I know that this number appears to be a large number but I believe this change is justified because we are not in the business of trying to earn revenue from penalties, and logically, I can see how we could be losing collections because our penalty rate is so high that it frustrates customers when they get behind and they move out of our City because we have had to refuse them service. Based on my analysis, I propose that the following be added to Section 26,12,(a) of the Water and Sewer Ordinance: If any bill is not paid in full within such period, there shall be added thereto a penalty equal to 10% of the amount of the "current" portion of the bill. Additionally, there shall also be added an interest charge equal to 1% of the balance that was in arrears when the bill was created. Conclusion In conclusion, I would like to reassure you that I believe the changes mentioned above are in the best interest of the City of La Porte and will help us in our operation of the Utility System. Because these changes are dependent on computer software changes, I would like to receive Council Approval of them at the December 11, 1989 City Council Meeting with the understanding that they will be applied as soon as the new software is received. e e /;L e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM November 22, 1989 SUBJECT: Robert T. Herrera, Ci~anager Norman Malone, Mayor~ . Bob McLaughlin, councilpers~~(<?~ Alton Porter, Councilperson ~~~~ Agenda Item - Elizabeth Lane TO: FROM: Please schedule at the next regular city council meeting an executive session to discuss the Elizabeth Lane right-of-way problem, and place on the agenda an action item similar to the one last seen by Council on April 10, 1989. jms e tit RESOLUTION NO. 89-6 WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the location of a public right-of-way on the hereinafter described real property, in the City of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has found and determined that the fee simple title in and to the hereinafter described real property is suitable and needed for such purpose, and that it is necessary to acquire same for a public right-of-way; WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and doeS hereby authorize, Knox W. Askins, City Attorney of the City of La Porte, to represent the City of La Porte in the acquisition of the hereinafter described property: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: That the said Knox W. Askins, as City Attorney for the City of La Porte, be and he is hereby, authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the City of La Porte of the fee simple title thereto, at the fair market value for same, and, should said City Attorney, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such fee simple title, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lien holders, proceedings in the eminent domain to acquire the fee simple title to the real property described on Exhibit "A" attached hereto, for public right-of-way purposes. PASSED AND APPROVED this the 11th day of December, 1989. CITY OF LA POR'l'E By: N 0 rmanL~-.Ma fon-e~--Ma yo r----- --- AT'rEST: C he r Te- B 1 aCk;-C1 t y- Sec.re-tary APPROVED: ~ &: uI . --d--~ ------.----.-- Knox W. Askins, City Attorney e e DESCRIPTION A tract of land out of Outlot 424, La Porte Outlots, Enoch nrinson Survey A-5, Harris County, Texas. Commencing at the Northwest corner of Outlot 424: THENCE, south along west line of said outlot 424, il di::ti'll!ce of '1;"'5 feet to a point for corner and point of Bcginninqi THENCE, east a distance of 135 feet to a point for cornnri THENCE, south a distance of 50 feet to a point for c 0 rTli:~r i THENCE, west a distance of 135 feet to a point for conicr i THENCE, north a distance of 50 feet to the point of J3et;jinning. Said tract being appproximately 0.155 acres consisting of approximately 6,750 square feet. 12/6/89 (Referenced Billy Shanks Survey) EXHIBIT "A" ~ 1'-" ~ ~ ---.. ---~ e e L.~X c~A./7iI.RY~ . I ~I I ' II K I I : ~" i I : , I I I ~ ~: ; ; I . I ' i~: I I I I, I I ~I I '- \l I I ~I I <... I i \",.-1 j I I I I I I I I I I I I I I I :: ::. t l j : V- ---~ t I " I ~LYY ~ (5-/ 'R//-./) ~--~-- EXHIBIT "A" - Contd. ~ ~ "- ~ \I ~ CS , ~ _ r-- -s,t./~ am:or~24 ~~ //L: // &~Eer ~ Qc=- A ~ CF- b4A./.tO Q/r CJ--:-c:2.nzor 4Z~, LA ~ h/.?,e,e,<:S ~ 7&4s / e e / t -----'../.1-./ C6e</e-~ O./Tu::;rr 4'z~ r)tt, 6/, ,P~ ~74,~ CDR) "- lot : ~l 1 . ~ c54=,/"" /.35 / [ ; -;- \ \ ~ I!~ \ , "- ~&~ .s7:- (~/R/A/) ~ 1 ~.9' ~ :;,.-' ~ 1 HEST-/.35~ ! ,'", ',' .''.. ,.: '.. ..t...:',<. :~.: . -I'. ..... ". .' .,"\' .... .'.... .', ...... :'.. :-:. .., .... :.~. . t.: ):l .~,~~ ../I-~~T "- '.~l , ,.L:, A;v~,(/5") .~ 2\. .;.... ...':-::--.... -:'::j. ..~ , . ......... '".. .. . ........ w:-: -.. ~..... :"'...,.".."... . _ ~ i ~ ~ ~ I /"'=20/ . r-f CJ C o U I F:t: 8 H l::!:l H :x: X r:a f I t i i . I I e e CITY SECRETARY'S CERTIFICATE I hereby certify that the above and foregoing is a true and correct copy of a resolutin, passed and approved by the City Council of the City of LaPorte, at a regular meeting thereof, at which a quorum of said City Council was present, and voted in favor of the passage of said resolution. WITNESS MY HAND, this the day of , 1989. Che rTeBTac-k-~o--Crt y-fie-cre t ary THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day personally appeared CHERIE BLACK, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. WITNESS MY HAND, this the ____ day of , 1989. Notar-y-PubTlc -~-o--Stafe-of-Teias Commission Expires :____0______ . I .. e e CONSIDER RESOLUTION AUTHORIZING ACQUISITION OF IUGH'l'o-OF-o.Hl\Y OH ELIZABETH LANE TO LOMAX ELEMENTARY SCHOOL (Res. 89-6) - Mayor Malone, Councilpersons McLaughlin and Porter Motion by Second by frl~ VOTE: FOR AGAINST J\.DS'l'AIN Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone ~ Motion carried t.../Oefeated TablQd e e /3 e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED December II. 1989 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance x REPORT RESOLUTION ORDINANCE EXHIBITS: Draft of Contract for provision of Appraisal of Industrial Plants SUMMARY AND RECOMMENDATION The City of La Porte has the Industrial Plants located in its Industrial Districts appraised each year by an independent appraiser. In the past, this vital function has been performed by Hugh L. Landrum ~ Associates, Inc. The total appraised value for the plants located in the Industrial District for the current fiscal year total $1,189,137,540 which translates to more than 2.5 million dollars of revenue to the City. The current contract for this service expires December 31, 1989. Attached is a draft of a replacement contract with Hugh L. Landrum & Associates, Inc. with a three year term. The charge for this service has been $32,000 each year for the past 6 years. It is staffs recommendation that this contract be renewed with an annual cost of $33,600 , which is a five percent increase in the contract amount. Staff has based the recommendation of the increase on the increased activity in the Districts. There have been eight new industries added to the Districts in the last five years. ACTION REQUIRED BY COUNCIL: Approve or disapprove the renewal of the contract. AVAILABILITY OF FUNDS: x GENERAL FUND UTI L ITY FUND OTHER ACCOUNT NUMBER: 001-600-603-507 FUNDS AVAILABLE: X YES NO APPROVED FOR CITY COUNCIL AGENDA Go.W- T. ~ ROBERT T HERRERA CITY MANAGER \ 'J.. - <.0-8 \ DATE e e STATE OF TEXAS X COUNTY OF HARRIS X KNOW ALL HEN BY THESE PRESENTS: ~ WHEREAS, the Mayor and City Council of the City of La Porte, Texas, are concerned that properties within the Industrial District of the City and having Industrial District Contracts, continue to be taxed and to make "in-lieu of taxes" payments in accordance with their effective contracts; and WHEREAS, the Harris County Appraisal DistrIct has assumed responsibility for appraising all taxable property within these Industrial Districts, but is responsible to provide the CIty of La Porte only the values for the annexed and taxable portion of each industry, the unannexed portion being subject to "in-lieu of taxes" payments under contract and outside the jurisdiction of the Harris County Appraisal District where the City of La Porte is concerned, and WHEREAS, the firm of Hugh L. Landrum & Associates, Inc. has been appraising the Industrial District properties for the City of La Porte under Contract since 1968, the latest Contract to expire at the end of 1989, and WHEREAS, Hugh L. Landrum, President of the firm of Hugh L. Landrum & Associates, Inc. has proposed to the City of La Porle that another Contract be entered into between his firm and the City of La Porte, and WHEREAS, the Hayor and determine that the firm of Hugh L. Houston, Texas is skilled in such City Council find, adjudicate and Landrum & Associates, Inc., of matters and has scientific and technical knowledge in respect to appraisals and valuation of such properties and has performed the services called for in prior Contracts in a completely satisfactory manner, and have adequately demonstrated their skills and expertise in the matter of making appraisals and handling Industrial District Contracts, and the firm's President, Hugh L. Landrum is completely familiar with the taxable property in the City of - 1 - '-I. ""; .'t- _'I .,'. (. ...'1..... "~ t,..,' La Porte and the Industtlfl District Contracts, and is c4ljlfied state of Texas both as a Registered Professional Engineer by the and a Registered Professional Appraiser; now IT IS THEREFORE AGREED by and between the City of La Porte, Texas acting herein by its duly authorized Hayor and City Council, FIRST PARTY, and Hugh L. Landrum & .Associates, Inc., of Houston, Harris County, Texas, SECOND PARTY, as follows: I. SECOND PARTY agrees to compile a complete list of apPi::a15ed values for all properties covered by Industr ial D15tr ict Agreements and subject to Industrial District payments to the City of La Porte, Texas, said appraised values to be as of January 1, 1990, January 1, 1991, anJ January 1, 1992, and it is hereby understood by both parties that the appraisals will be available by July 31, for each of the year9 covered by the Contract. II. SECOND PARTY FURTHER AGREES to work with the lIi.lrd~ County Appraisal District to apprise them of the area of each illdu:.>Lrlal plant that has been annexed by the City of La Porte and, UWiI.dore, subject to their assessment and a City ad valorem tax. 'fhi s wi 11 ! apply to newly annexed areas of the City as well. III. SECOND PARTY also agrees to prepare a summary repor L for UH~ City Tax Assessor-Collector each year: said report to sLow each industry's final total value for land, improvementti, and personal property, the amount subject to the ad valOrem tax and the alTlount of the taxes and the value subject to "in-lieu of taxes" payment i;fHl the amount of the "in-lieu of taxes" payment. IV. SECOND PARTY further agrees to cooperate \Illh the City Administration and the City Tax Assessor-Collector In allY oll1n area where his expertise may be beneficial to them in fulfillinq the responsibilities of their jobs. - 2 - , > .. ...., '\'...~' '. ",. ..,.. .. . . ", . '.1< r;: ."" >'i '1',.. .. ...: '. "'-,' ." ': 1 '-:"~' .:-;',: ;' ... f: ' ... .'.' .,;: ... :,~\".~,,: '_ ....- ,"," ';.".'" ..,. .~' ":. .... ,. . v. IT IS ALS~URTHER AGREED BY SECOND PARTY ~t in the event '0 ~;;' .\~ '0, SECOND PARTY's proposed values are protested by the owners or representatives of the property, SECOND PARTY will at his own expense' furnish expert testimony in the District Court of Harris County, Texas to defend his proposed values. VI. SECOND PARTY agrees that the City of La Porte, will in no way be obligated or indebted to said SECOND PARTY, or his agents, servants, or employees, for salaries, expenses, materials, or other charges except only as herein specifically otherwise provided. VII. IT IS FURTHER DISTINCTLY UNDERSTOOD AND AGREED by both parties hereto, that if any word, phrase, sentence, paragraph, or provision of this Contract shall be for any reason declared or adjudicated to be invalid, such declaration or adjudication shall not affect the remaining portion thereof. VIII. FOR AND IN CONSIDERATION of the skilled services, technical knowledge, and experience of SECOND PARTY in performance of the obligations devolving upon such PARTY hereunder; and in consideration of the information given and assistance furnished by SECOND PARTY to the City Tax Assessor-Collector in her undertaking to calculate Industrial District Taxes and "in lieu of taxes" payments for calendar years 1990, : 1991, and 1992; FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by payment to SECOND PAtTY, the sum of ($ ) per year for each of the calendar years 1990, 1991, and 1992. THE EXECUTION OF THIS CONTRACT is authorized by proper resolution duly adopted by the Mayor and City Council of the City of La Porte, Texas and entered upon the Minutes of such Council. - 3 - ~>_>,"'. l,. "":.";\~"" '\'1 ""', .~.; . .. .1'.~". " , . EXECUTED INttVERAL DUPLICATE ORIGINALS by _r ol the Mayor and City Council of the City of La Porte, Texas on this ______ day of , 1989. CITY OF LA PORTE, TEXAS BY MAYOR CHECKED: CITY ATTORNEY HUGH L. LANDRUM & ASSOCIATES, INC. ATTEST: BY -"--- CITY SECRETARY PRESIDENT - 4 - ,,!"', " ~'.Y~'~',<""';':.' ',' . , , ' e e CONSIDER APPft.VING ltENEWAL .F C.NTftACT WITH HUGH IJ. LAN'IWM & ASOCIATES, INC., FOR APPRAISAL OF INDUSTRIAL PLANTS ~ J. Li tchf ield Motion by Second by VOTE: Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried ~ FOR AGAINST ABSTAIN Defeated Tabled ~ (). tJJ94.~1 ~o Je./~ 9 ~ - f:o p:;jk --f-1lt1. ~,- f'--~.vL. ~~ ~ - '/0-~~ ~ oJ)0vr It e /'1 e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 11. 1989 Requested By: Knox Askins~epartment: , Leqal Report Resolution Ordinance Application for Permit: (1) Harbeson Geophysical Services (2) Digicon Geophysical Corporation SUMMARY , RECOMMENDATION The City of La Porte received two (2) requests for permission to do seismograph surveys in our city limits. Mr. Neil Harbeson of Harbeson Geophysical Services is requesting permission to utilize a mini-hole process (dynamite) and Mr. Tracy Byerly of Digicon Geophysical Corporation proposes to utilize the air gun process. On August 14, 1989, the La Porte City Council passed Ordinance No. 1659, which establishes regulations for oil and Gas Wells and also establishes regulation for geophysical mineral exploration. The applicants have raised questions on the permit and milage fees, as well as the "no explosives" requirement. These concerns were discussed with Knox Askins and followed with a phone survey of area cities including Bay town, Deer Park, Pasadena, Galena Park and Houston to see what regulations these cities might have governing seismographic surveys. Houston was the only city with regulations. Their permit fee costs $85.00. Both applicants have stated the existing La Porte Ordinance makes seismographic surveys prohibitive. The requests of the applicants are placed on the council agenda for consideration for the December 11th meeting. Recently the City of La Porte City Council approved Ordinance No. 1621 and 1622 that authorized an Oil and Gas Lease of certain city properties including the airport property to Arkla Exploration Comp. for a primary period of three (3) years. The financial return for locating oil or other minerals on city property could be diminished considerably if our regulations prohibit geophysical surveys since the surveys are used as a major tool in locating a drilling site. Action Required by Council: Consider reducing permit fee to a flat $1,000, instead of $1,000 a mile and consider allowing use of explosives. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Approved for City Council Aaenda ---12nl Robert T. Herrera City Manager ~L~ -gDt Date e GEOPHYSICAL PERMIT tit HARBESON GEOPHYSICAL SERVICES P.O. Box 856 Whitehouse. Texas 75791 214-839-3179 City of La Porte P-.O.B.1115 La Porte, Texas 77571 The linl-Hole Method used in acquiring seismic informa- tion ls a process in which a pattern of shot holes ~e drilled at ached.uled intervals along the proposed seismic -...e7 11ne. The holes are drilled to a depth of five to .1x teet and are two and one-half inches in diameter wl'th a DAll charge at the bottom. We will maintain a sat. distance trom houses, water wells, pipelines, etc. with the location ot any and all shot holes. then the ..i..ic cable. and geophones are laid upon the surface tor. the pl.lrpOM of recording and transmitting the seismic data. Pield operatlons include using existin& trails and gates tor Yehicle acce.s to .eismic line and trimming brushy ar.... It n..ded. All shot holes will be filled and all jeb r.lated debris will be r.moved from property upon _.,let1.. of 'the .\\rv.y. In oond.,til\iK the proposed surv.y, every etfort will be .... to ~rr out \be work without inconvenience to the 1........ 4r _-..nt. or without damage to the property .r' "~pa. It i. _~ tOI" appreciable daaage to r.ault t.. our .,.nt1..... ho.ever, we will asaume full respon- a1)1)ilit, tor M1 pAlt1cal dauge. to your land, property, .I'''.'i' U . "_t of tAia aurve,. It 1. .-_'toM tAat yo",r penaia.ion 1. granted only In.'. .. '011 baY. -uae right to grant _ctl ~.r.i..ion \lIMIer 'the iftterestyou hold in INch "'property. W. -.gre.e to~ld YOll h..al... tro. any and all liabiliti... olaim. and damage. which .ay be a.serted against you as a result ot ow operat1ou. Please indicate yo.ur ~eement by signing and returning the white copy ot the permit. Aa this work is 8cheduled for the near future your immediate attention would be greatly appreciated. ~:i~~ /' t:;rDli t Agent Neil Harbeson CITY OF LA PORTE PHONE (713) 471-50Z0 . P_O. Box 1115 . LA PORTE. TEXAS 77571 RECEIPT "~7S6S6 DATE /1 /;;)9/r 1 RECEIVED FROM {)~ ~~, PAYMENTFOR f~ _{~) 0 AMOUNT $ /[)otJ ~ 0 0 DESCRIPTION J-a ~ Cash -#-- ~ ~D50 Money Order Cashier Check a: w ::E -~ en :::::> u CY/<2JtC CASHIER ClJrd~J e HARBESON GEOPHYSICAL SERVICES P.O. Box 856 Whitehouse, Texas 75791 e '- City of La Porte P.O.B. 1115 La Porte, Texas 77571 Att: Mr. Joel Albright Nov. 29, 1989 Dear Mr. Albright Please be advised the proposed Seismic line Yegua Line 6A will be shot by Optimal Geophysical Corporation with offices located at 7035 West Tidwell, Suite 112B, Houston, Texas 77092 phone No. 713/690-0593. If there are any questions that arise contact Mr. Bert Macy Vice President. Yours Very Truly '-if!aif:!:d~ ...... )~ OPTIMAL G~OPHYSICAL CORP&ION OPERATING ACCOUNT 7035 WEST TIDWELL, SUITE 112B HOUSTON, TEXAS 77092 . 2030 Nov. 29. 1~ 88-77511163 \ PAY TO THE ORDER Of City of La Porte $1,000.00***** ----------------One Thousand and no/100---------------------------- DOLLARS I!!!!~~!M!< <::11_ c:- )l ~;J)~.~ s.-/ 11100 20 :10 III I: I. I. b :10 ? ? 5 21: ilia E1a.. ? 2 E1 bUI ~~ OPTIMAL GEOPHYSICAL CORP. OPERATING ACCOUNT DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED eELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DIE8IftKD. DELUXE FORM DVC-3 V-7 Permit Yegua Line 6A Harris County, Texas Operations and Filing Fee $1,000.00 City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attn: Mr. Joel Albright .& ~. --- ~ '~ -- ..~ ~.--L.I~ :-::-:.:-:::::; ~l . ~ :::.::::;::::) ~'~l :.::::::::::~ if. "'""") :-. . C ::J II . . p ..:::.:I~. u ...(:-~ ;.-". I I ' tt I , : Ii ( l , u.J ~. ~.Jl: ' I , I I 'j . ' . -. ~J : t1 >- ;_.--1 ; . - ~, . ,- A f ,at<. L :.-r[hrr] :..:::........ , . i. I ..: ',' \ . ~ : . . . .. \ ~ ~ ~~ .J:"-.1r--r:---=- - ::- . 111:-:'" . . ~ ,I. - '11 ta... ./ ':/ \ IC_,__' r1 /. \., lENA'- ~;-- .. ~~"'i:.z .:- : I.e. , !. / ( ,~6(., ,,/' ~. '. . r ~ -. --+-.-. l J rr- v~ J.: \ ' \Q 1 t:J j J-.J :: ,-"--- " L i mi t '. . _....) ~ --.~r7,;'~"""""f ~ i . <' Llml '. .... .....\ - ~.~ <':"r-r . ~-4 :-..... -' {~'- /...... ,- - ---. "; 4 t. 1:- L \ ~ ;.(- , mn -~ 1 I l I i , I ~'T ....fl........., W " ...... ".'. . . .' .. -,. ....". ::..::: to:) : >:<: ~ ,':.'.:', ...... . IT ~. j.. Il.:............:.:.>: :;. ~ ~..:.:.::.::i.:.:::::-:.:::: ".... ....:::d. 1::.....:..:..~ .;;:oJ:::::::.:::: .:< ~ e,! eli ~ x. I v ~o......l ~ ." ~ :. ~ ~J. &. . vif ~. ~.-..j \--------- i I \ \ .... -. ~"'" ? e e Y;fjlL~~{~~~~ -~ \17'...--....'....-# · . ~ t.u. .' t.. t J 58 ~<-- ~H..J_.t~..., ,<.~.<.'r/ ~J1(.,J _<'It.- ~ ,J 1111 () d _."..__ ...,-"<---. ._.--~-------- -- _._~,,_.--~--~ CONSIDER GRANTING PERMIT TO HARBESON GEOPHYSICAL FOR GEOPHYSICAL SEISMOGRAPH TESTING - K. Askins Motion by ~ Second by __~~ VOTE: FOR AGAINST ABSTAIN Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried ~ Defeated Tabled It e IS- e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 11. 1989 Requested By: Knox Askins~ Department: f Legal Report Resolution Ordinance Application for Permit: (1) Harbeson Geophysical Services (2) Digicon Geophysical corporation SUMMARY , RECOMMENDATION The City of La Porte received two (2) requests for permission to do seismograph surveys in our city limits. Mr. Neil Harbeson of Harbeson Geophysical Services is requesting permission to utilize a mini-hole process (dynamite) and Mr. Tracy Byerly of Digicon Geophysical Corporation proposes to utilize the air gun process. On August 14, 1989, the La Porte city Council passed Ordinance No. 1659, which establishes regulations for oil and Gas Wells and also establishes regulation for geophysical mineral exploration. The applicants have raised questions on the permit and milage fees, as well as the "no explosives" requirement. These concerns were discussed with Knox Askins and followed with a phone survey of area cities including Bay town, Deer Park, Pasadena, Galena Park and Houston to see what regulations these cities might have governing seismographic surveys. Houston was the only city with regulations. Their permit fee costs $85.00. Both applicants have stated the existing La Porte Ordinance makes seismographic surveys prohibitive. The requests of the applicants are placed on the council agenda for consideration for the December 11th meeting. ... Recently the City of La Porte city council approved Ordinance No. 1621 and 1622 that authorized an oil and Gas Lease of certain city properties including the airport property to Arkla Exploration Compo for a primary period of three (3) years. The financial return for locating oil or other minerals on city property could be diminished considerably if our regulations prohibit geophysical surveys since the surveys are used as a major tool in locating a drilling site. Action Required by Council: Consider reducing permit fee to a flat $1,000, instead of $1,000 a mile and consider allowing use of explosives. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Aporoved for city Council Aaenda 6L\f\ Robert T. Herrera city Manager 1 'J..--fo - ~ Date - '-- ..- ,.... ~?~~~~+~~ .. -",.- ;'H{ ~. ,~~/.,., ." . . .~..~ ./;~.:-.,... .ALEXA~~~RISl:ANm .<.:';:,.b:. ': ~;..-f. :. .'~~:.:<. ~ -! ...- . . . ;. .. .... -- ~:.:\; '.~: . If,. ;, '" .", ,- ~ ,; ~ \J' :. . <I. .,. =: -. )" ~ ~ ~ ~I ; t .. .,',;1' t ):.. j.. -<U ,. '.'. ! :. .'~. ~. .. Straop Rd . /~ j ,. SPILMANS.ISLAND .. .~. .:~~ -~t; LAPORTE. 9 . I,: .51 GREEN DAll. :: ~ .'. 't P1IIE GRlIVE ! ~ '. . : --~ t: I ., . -- , .~ . Soonu< HW'f. -::;- ~ iL I. .WlnS ~ '" I: ~';:DS' , '"\--- c .V"ISU-.R /. :i, _WmLE.Sll :cc~a-- , . ; ~-;; S :~ 1 ~=-~~ ~ ~i g-n ~~ ~ ;>._-""- ] I Finclla. D, " _ fIi""",,' ""_ , ~ non' Pl<... -----,- !.\ ~ : .', ~. ! \ at, ,_ .;~of" J .~,,~I~ -i"\1 ~ .:r"'Lci-:if~C:; - . CS u _~ -orl~~ -dF tr-"" " -- u -- ~~ r-1-1 .. .....F.inIl~~ ! I ---w . ' t e e .~-, . ~ ,.l..))' ,~~..;/ Is CONSIDER GRANTING PERMIT TO DIGICON CORPORATION FOR GEOPHYSICAL SEISMOGRAPH TESTING - K. Askins Motion by Second by VOTE: FOR Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone ~eated Motion carried AGAINST ABSTAIN Tabled - - //; REQU~ FOR CITY COUNCIL AGENDA tlkM Agenda Date Requested: ecember II 1989 XXX Report Department: Administration Requested By: John J Resolution Ordinance Exhibits: 1. 2. Recommendation from Selection Committee Proposed contract scope of work with Espey, Huston & Associates, Inc. 1985 Revenue Bond Fund Summary 3. SUMMARY & RECOMMENDATION In May of this year, the City solicited qualifications statements from engineering firms to perform design services for the construction of the Northwest La Porte Water Improvements as authorized in the 1985 Bond Election. The Selection Committee, after requesting detailed proposals from the top three firms, selected Espey, Huston & Associates, Inc. to negotiate a contract. The following is the proposed budget for engineering services: Basic Services * Additional Services * Project Representative Total Proposed Contract 1985 Revenue Fund Balance $102,800 22,500 54.100 * Total Surplus Available. $179,400 185.280 $ 5,880 Staff recommends approval of the proposed contract with Espey, Huston & Associates, Inc. for design and construction phase services for the Northwest La Porte Water Improvements. Action Required by Council: Authorize contract with Espey, Huston & Associates, Inc. for design and construction phase services for the Northwest La Porte Water Improvements. Availability of Funds: General Fund Capital Improvement XXX Other (1985 Revenue Bond Fund) Water/Wastewater General Revenue Sharing Account Number: Funds Available: ~YES NO Approved for City Council Aqenda Q~T ,~ Robert T. Herrera City Manager ) 2-~-t~ DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 29, 1989 SUBJECT: John Joerns, Assistant City Manager s ~ steve Gillett, Director o~ W steve Wenzel, City Engine Engineering Consultant Selection Northwest La Porte Water Improvements TO: Robert T. Herrera, City Manager FROM: In May of this year, the city solicited qualification statements from engineering firms to perform design services for the construction of water improvements authorized in the 1985 Bond Election. Specifically, these improvements are to construct water lines and elevated storage in the northwest portion of the city to provide improved water distribution and fire protection. Qualification statements were received from eight (8) firms. The top three (3) firms were identified by the selection committee and invited to submit proposals. Negotiations with the firm identified as the top respondent were unsuccessful. The city then initiated discussions with Espey, Huston & Associates, the second ranked firm, and successfully completed a scope of work and an acceptable contract, which is attached. A detailed cost breakdown of each phase is as follows: BASIC SERVICES (FIXED FEE) Study and Report Preliminary Engineering Final Design Prequalification/Bidding Construction $ 15,000 10,000 47,800 14,500 15,500 $102,800 e e Additional services of the Engineer's principals and employees on the project include topographic surveys and, if authorized, resident project representative (inspection). Additional services of independent professional consultants include geotechnical services. An estimated cost of these services is as follows: ADDITIONAL SERVICES (NOT TO EXCEED) Topographic Survey Geotechnical $ 12,500 10,000 $ 22,500 ADDITIONAL SERVICES (ESTIMATED HANHOURS) Project Representative 1400 hrs @ $36.50/hr Reimbursables $ 51,100 3,000 $ 54,100 The project representative will be billed at a fixed rate of $36.50/hr, with 1400 hours estimated. All other additional services not identified in the detailed scope of work will be billed at 2.5 times salary cost. The following is the proposed budget services for this project: for engineering Basic Services Additional Services Project Representative Total Proposed Contract 1985 Revenue Bond Fund Balance $102,800 22,500 54.100 Total Surplus Available $179,400 185.280 $ 5,880 It is estimated that the design phase will be completed, and ready to bid, within 150 days following notice to proceed. tit e ESPEY, HUSTON & ASSOCIATES, INC. EXHmIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, dated December ----' 1989 FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS 1. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on December ----' 1989 between the City of La Porte (OWNER) and Espey, Huston & Associates, Inc. (ENGINEER) providing for professional engineering services. The Basic Services of Engineer as described in Section 1 of the Agreement are amended or supplemented as indicated below and the time periods for the performance of certain services as indicated in Section 4 of the Agreement are stipulated as indicated below. 2. Unless directed otherwise in Owner's authorization, during the Study and Report Phase ENGINEER shall: a. Receive existing information and data concerning previous computer models of the City of La Porte water system from City. Verify if input file for model furnished by City corresponds to node map. Prepare an updated water system map and computer model for the Lomax and College View areas using the KYPIPE computer model and input data provided by OWNER (anticipated to be 15 to 20 additional lines or changes). b. Using the updated model, input new data and model alternative alignments and pipe sizes for the proposed waterline improvements. c. Develop conceptual cost estimate for comparison to available funds. d. In consultation with OWNER, identify alternate sites (three maximum) for the proposed elevated storage tank. Evaluate each site in terms of land use, geotechnical feasibility, FAA clearance, optimum water pressures and economics. e. Review overall storage needs to determine necessary elevated tank size. f. Recommend size and alignment of proposed waterline to provide adequate water service to existing problem areas. g. Recommend the site to be acquired and size of tank. h. Conduct two progress meetings with the OWNER. The Study and Report Phase Services will be completed and the Report submitted within 30 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 2. During the Preliminary Design Phase, ENGINEER shall perform the following: 37 e e ESPEY, HUSTON & ASSOCIATES, INC. a. Collect available data concerning public and private utilities in the project area. Collect available plats, easement descriptions and R.O.W. information for the project area. Arrange for the performance of field surveys and geotechnical investigations based on the alignment recommended in the Study Phase. b. Prepare an overall layout of the proposed water system detailing areas requiring special design consideration. Evaluate alternative pipe materials. Prepare a cost estimate for the work as proposed. c. Recommend tank configuration based on projected capital and O&M costs. Prepare a preliminary site layout for the elevated tank site selected in the Study Phase. Evaluate coatings, corrosion protection and automatic controls. Prepare a cost estimate for the work as proposed. Incorporate comments concerning the tank from the City's tank operations consultant. d. Prepare a Preliminary Design Report detailing the findings and recommendations of the Preliminary Design Phase. The potential for alternate bids will be discussed and recommendations made. e. Conduct three progress meetings with the OWNER. The Preliminary Design Phase Services will be completed and Contract Documents and ENGINEER's opinion of costs submitted within 30 days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 3. During the Final Design Phase, ENGINEER shall perform the following: a. Prepare plans, specifications, and contract documents in accordance with the requirements of Section 1.4. of the Agreement. Plans shall include the proposed waterline improvements (plan/profile scale 1" = 40'), elevated tank, electrical and controls for elevated tank site, utility relocations for public utilities, ditch crossings, pavement repairs, construction details, notes for construction and a trench safety system design. Documents will provide for two general contracts, one for the tank and one for linework. b. Prepare a cost estimate for the project as designed. c. Submit documentation for approvals from the City of La Porte, and other public and private entities with jurisdiction. OWNER will review plans at 30% completion and at final completion. d. Assist the OWNER in the application to the Texas Water Commission for the release of funds from the former College View Municipal Utility District. e. Conduct up to eight progress meetings with the OWNER. The Fmal Design Phase Services will be completed within 60 days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4. During the Bidding or Negotiating Phase ENGINEER shall: 38 e e ESPEY, HUSTON & ASSOCIATES, INC. 4. During the Bidding or Negotiating Phase ENGINEER shall: (No amendments or supplements to paragraph 1.5.) 5. During the Construction Phase ENGINEER shall: (No amendments or supplements to paragraph 1.6.) 6. During the Operational Phase ENGINEER shall: (No amendments or supplements to paragraph 1.7) 39 e CITY OF LA PORTE e 1985 REVENUE BOND FUND SUMMARY ESTIMATED WORKING CAPITAL 10/1/89 PLUS REVENUES: INTEREST INCOME TRANSFER FROM 1984 GENERAL OBLIGATION BOND FUND TRANSFER FROM UTILITY CIP FUND TOTAL REVENUES TOTAL RESOURCES LESS EXPENDITURES: SANITARY SEWER DESIGN -.-/ WATER LINES h'::.~;) " WATER TOWER ~~;9;.) PRE QUALIFICATION TOTAL EXPENDITURES ESTIMATED FUND BALANCE 9/30/90 $ 11, 650 73,295 100,000 $ 125,290 . , 104,650(1" 80,630 10,000 $ 145,662 184,945 $ 330,607 320,570 $ 10,037 e EXHIBIT C e :, 4 I ESPEY, HUSTON & ASSOCIATES, INC: .,_, '. r =.,...,- .J. A C I .\. TO -- ---- ---------.. , .1 --- -, ~.... ...----:--- . ,00 ~~~..~-=" , . I -; -~ ,- '~~:J::~~:';:=---=-.:-------,-~~;rj::~--~;;;:\li.--.'I"'" 1,\ I: Y---- --------- ------- -~~~ . . . ,,-:~._~-~~ --~;:" ...' ,. -- -'-.~::c'>......_ -. ~ .~......;;;~;~__..___:_;;2:;. '> :.~~ -;.~-;~~:~- --~---~--~~~-- -- --" , .. I ~';""':"""':- ~. ~ ~~ ~-------~-----~-- I ~, o,~; ::\11 r... '- 12" Water Line ~ . ---- ------ . ~: .. '- Elev Stor Tank Lomax ~ .; = .'r..' . il .1 . 1:, --- .1 " . I' " I ., I , I " . I . ..S T.".. .- ..: ---- -=- _. 'I , . .- . ...~: "=.-=--=--=--.::_- - - ~ - - .., PORTE .' '.'lRPORATF:- : LonlAJr .. , < - . ," . . . ':h. . := :=:=====::::_--~~_._=-.. ""';()AIO . . " ~~~ -----------------~ ! ~ - - -.--.......__alW_s,........"'="'=-~~~:._~_:,..-:~ . . .J :. P0 RT]:: '.lUNICIPAL AI~PORT , J~ , 11 1-."- i Iii' ; Ii ='A .,. u,r,~W.V : Iffi, . := ----..--.;~:1jt:- . "1- ,'I ____ 1 . .. -- 'I I I _ _ =~I F.tM~ a.!-lf.nn.,1' :=~~........- ~:a..~~ "-:'-.,~~'!~_.:':-.~ '}4:~___~...=. ~~!~~--=-~ '::..' . ........~~._....._.........---------_..._-_.._-----~;--- ~~:::::.:..~ :..:..::~:::;::. ~. ':~'::~:Fi~:.:ij/j.~.(~.~~:::::. ~T\.'::~:;;:.:;~::::.:~ / f ... ...~:~~:. .. ~'" ..... -- . .::'~. 'NT. 1, ESPEY. H~~TON. ~...~SSOCI~TES. INC. ELEVATED STORAGE TANK AND DISTRIBUTION SYSTEM IMPROVEMENTS J ... 89-03411..., 7-28-8.9 € , . . e ( CONSIDER AUTHORIZING CONTRACT FOR DESIGN AND CONSTRUCTION PHASE SERVICES FOR 1990 WATER SYSTEM IMPROVEMENTS - J. Joerns Motion by Second by ~ VOTE: FOR AGAINST ABSTAIN Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone ~ --- Motion carried Defeated Tabled e e I e e To~ Ci ty Sr.?cruetar..y D€:l.te~ December 1~ 1989 From: Nor-man Malone Rf.':~ : C m.m c 1. I Ag ~;m d a Please place on the December it, 1989 agenda the following item for council action: Volunteer drug testing for council members and staff member..s. We will need information in regard to cost, reliable company to secure tests samples, testing, etc. No r.m~1\n 1"1<'::1.1 on f.~ members make this request: ... ...../ '/1 It:t:. ..L2~~ /. (/,I/) ? ~~4s~-.~ u........_...u_........_.._..._.........s::...u..._......~u.~.-'-7i ( . _kcd_LlJL~_~ The following council Al ton Por.ter. f1er..ry C]. al~.kf.~ ~)bbY 1'1cLau(]hl in Dt~otis G6....'1' . e e B' if' fN~rrO . Pt. <S tJo II . CONSIDER AUTHORIZING VOLUNTEER DRUG TESTING FOR COUNCIL MEMBERS AND STAFF MEMBERS - Mayor Malone, Councilpersons Porter and McLaughlin Motion by ___~r~ Second by '--VV1-~ VOTE: FOR Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone l..,./" t/ t-- Motion carried Defeated ~ ~ wi 1wvuL t'~.(., ~~...e. -t ).~~ ~" ~ .~4 "Ii' ~.L ~if ~~~~ "-~ yi f.t -----'y I/'~ ,~/' . f~' . -r;, t:Y-u r ~ AGAINST ABS'l'AIN V". v- "'" V q./ .....------ \.....-""" /....... Tabled .1 '1Jwt; A.- L pI! d 11 /k~ ~ u ~LL-J , ~ aOO";......~x at:J4-~.,,/ ~-:.. .,"-" -",- . ev"ieJA ---. .,. - -- -~ ~- ~.~.- -- /I jt.p.A.U4' '1l/c.-~/' . 8~ - g'[ ~ lj~ 'Pz JF/U!- V - ~L-L f ----.,-~ -- I e e /1 REOUEST ~ CITY COUNCIL AGENDA ITEM~ Requested By: Louis Rigby Department: Purch.q Hi n e f Agenda Date Requested: DEC 11, 1989 Resolution Ordinance Report Exhibits: Letter from Purchasing Manager Letter from City Attorney SUMMARY & RECOMMENDATION Article 5.02 of the City Charter limits spending to $3,000 without benefit of a sealed bid. Current state law limits these expenditures to $5,000. A charter amendment election would be required to increase the current limit of $3,000 to the state allowed $5,000. Staff recommends a charter amendment be placed on the ballot of the next general election. , Action Required by Council: Approve inclusion of charter amendment at next general election' to be held on May 5, 1990. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda J2i~ Robert T. Herrera City Manager I'L-(o,~tt DATE e e CITY OF LA PORTE INTEROFFICE MEMORANDUM DECEMBER 4, 1989 FROM: Robert T. Herrera, City Manager Louis Rigby, Purchasing Manager~~~ Charter Amendment Election TO: SUBJECT: The City of La Porte is currently limited to $3,000 expenditures without benefit of a sealed bid. state law adopted in 1987 limits these expenditures to $5,000. A charter amendment election is required to bring the City in line with the Local Government Code. During this past fiscal year, there were a total of 64 sealed bids, 9 of which fall into the $3,000 - $5,000 range, or 15% of the total. There are other blanket order purchases that near the $3,000 level and must be closely monitored to determine if a sealed bid is necessary. Each sealed bid requires a total of approximately 6 1/2 hours in preparation, distribution, bid opening, bid tabulation, and evaluation. Another time factor to consider is the council presentation by a department or division head. There would be three options to consider in this situation. The first and most obvious is to leave the limit as is. I would prefer to not consider this option. The second option would be the charter amendment election changing the limit to $5,000. This item could be taken to council at the December meeting and then placed on the ballot for the general election to be held on May 5, 1990. A third option would be to have the charter amendment election making the city's limit to always reflect the state limit. Should the state limit change in the future. another vote to change the charter would not be required. This is the option I would recommend. This change is being viewed as an operational benefit to the purchasing division and would help streamline the current procedures. The purchasing policy manual would be changed to require written (fax) quotes for expenditures in the $3,000 $5,000 range and the purchase would not be made without department head approval. Attachment: Letter from City Attorney e . ASKI NS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. ,....IRMONT ",...RKW"'Y "'. O. BOX 1218 KNOX W. ASKINS .JOHN O. ARMSTRONG LA PORTE. TEXAS 77572-1218 TELEPHONE 71.3471 IBB6 TELECOPIER 7134712047 November 3, 1988 Mrtjobert T. Herrera Ci Manager Ci., y of La Porte , Clty Hall La Porte, Texas Dear Bob: Article 5.02, .Purchase Procedure", of the Home Rule Charter of the City of La Porte, gives the City Manager general authority to contract for expenditures without further approval of Council for budgeted items not exceeding $3,000.00. All matters over $3,000.00 must be let to the lowest bidder. Subsequent to the approval of the Home Rule Charter, state law, now codified as Section 252.02l, Texas Local Government Code, has raised the amount of this limitation from $3,000.00 to $5,000.00. However, the City of La Porte is limited by its Charter provision to the $3,000.00 amount. Mr. Louis Rigby, Purchasing Agent, has suggested that the Charter be amended to the $5,000.00 amount allowed by state law. I concur in his suggestion. If you concur, I would appreciate your placing this item on the City Council agenda, to authorize preparation of an ordinance calling a Charter amendment election for this purpose, in conjunction with the May, 1989, City Council election. Yours very truly, ~ASkins City Attorney City of La Porte KWA: sw cc:/ Mr. Louis Rigby v' Purchasing Agent City of La Porte e e CONSIDER APPROVING INCLUSION OF CHARTER AMENDMENT FOR ELECTION TO BE HELD MAY 5, 1990 - L. Rigby ~~;~~~ ~~ 'rJnl'~;' VOTE: FOR Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried / Defeated AGAINST Tabled ABSTAIN e e /9 REOUE~OR CITY COUNCIL AGENDA ItIr , Agenda Date Requested: R t d B J. L. SEASE eques e y: X 12-13-89 l#- v Department: FIRE/EMS Report Resolution Ordinance Exhibits: BID TABULATION SHEETS MEMO FROM L. RIGBY - SUMMARY & RECOMMENDATION FUNDS WERE ALLOCATED IN THE CURRENT BUDGET TO PURCHASE A DEFIBRILLATOR MONITOR. SPECIFICATIONS WE~E PREPARED AND SENT TO FOUR SUPPLIERS. SEALED BIDS #0352 WERE OPENED ON NOVEMBER 13, 1989. ONE BID WAS RECIEVED. RECOMMENDATION IS TO REJECT BID, REWRITE SPECIFICATIONS AND REBID. ADDITIONALLY, AFTER FURTHER REVIEW BY THE EMS STAFF, IT WAS FELT THAT THERE WAS A NEED TO STANDARDIZE THE DIFIBRILLATION EQUIPMENT ON THE AMBULANCES. THE EQUIPMENT THAT IS PRESENTLY IN USE IS A "LIFEPAK 5~'.. THE EQUIPMENT THAT WAS BID WAS A "LIFEPAK 10". THE OVERALL COST SAVINGS BY HAVING THE ABILITY TO PURCHASE LARGE QUANTITIES OF THE SAME SUPPLIES FOR THIS EQUIPMENT IS EVIDENT. t. 'I Action Required by Council: REJECT BID AND REBID OR APPROVE PURCHASE FROM ONLY BIDDER. Availability of Funds: X General Fund Capital Improvement Other Account Number: 001-500-517-821 Water/Wastewater General Revenue Sharing Funds Available: ~ YES NO Approved for City Council Agenda a~ Robert T. Herrera.. City Manager I'?-~-~ DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 16, 1989 TO: SUBJECT: Joe Sease, Fire Chief ~D _~ Louis Rigby, Purchasing Managertf~ \ Sealed Bid #0352 - Defibrillator Monitor FROM: Advertised, sealed bids #0352 for a defibrillator monitor were opened and read on November 13, 1989. Bid requests were mailed to four suppliers with only one, Physio-Control Corporation, returning a bid of $8,600.61 with a 120 day delivery. The item bid was a Lifepak 10. Please submit your recommendation 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 before council, please notify me. LRlgr xc: Ylva Forsten, wi attachment - e e SEALED BID 110352 PHYSIO- DEFIBRILLATOR MONITOR . CONTROL CORP. 1. DEFIBRILLATOR MONITOR LIFEPAK 10 2. PRICE INCLUDING FREIGHT 8,600.61 3. DELIVERY IN DAYS 120 I . I . . ! I . ! i i - . . e e ; ,~ CONSIDER REJECTING BID FOR DEFIBRILLATOR MONI'l'OR AND AUTHORIZE REBIDDING - J. Sease Motion by Second by ~~- VOTE: FOR AGAINST ABSTAIN Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried ~. Defeated Tabled . e REOUEST ~ CITY COUNCIL AGENDA ITEM~ Agenda Date Requested: Oec ll, 1989 Requested By: Louis RiqbY(~~ Department: Report Resolution Purchasing Ordinance Exhibits: SUMMARY & RECOMMENDATION Var~ous departments have budgeted for radios this fiscal year. Ordering from the Houston-Galveston Area Council would preclude the need for a sealed bid. Total cost would be $2l,076.89. Public Works $l,l32.00 Water/Wastewater 1,906.00 Police l5,8l7.00 Customer Service l,072.00 Parks 536.00 Administrative Fee 6l3.89 , Action Required by Council: Approve radio purchase from H.G.A.C. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Various Funds Available: lL YES NO (j~~ty Robert T. Herrera City Manager Council Agenda '<L-~ - ~ DATE , e e. CONSIDER APPROVING PURCHASE OF RADIOS FROM H-GAC _. A. ~:i.gby Motion by -~. ~::;J}'7' .f f Second by . . ., VOTE: FOR AGAINSrr Waters Cooper --.--- Matuszak McLaughlin Porter .------ Gay Skelton . .. --- Clarke -_.- Malone ------- Motion carried ~Defeated ~---_---.... 'l'abled hb::':'i'AIH e e c:tl --_.__._._-_._.._...__...__..__..~-~~~~..=-.~..:~.:'_=._..~-~-~-~.~.~.~.......~~~~~~-~ Agenda Date Requested: December 11. 1989 Requested By: steve Gillett ~~~Department: xxx Report Resolution Public Works Ordinance Exhibits: 1. Bid Recap Sealed Bids #0353 - Trash Trucks 2. Recommendation Memorandum from Steve Gillett SUMMARY & RECOMMENDATION Advertised, sealed bids #0350 for two (2) standard trash trucks and one (1) trash truck with attached picker unit were opened and read on November 13, 1989. Bid requests were'mailed to six (6) area dealers with three (3) returning bids. Low bid meeting specifications was submitted by White GMC at a cost of Thirty-Seven Thousand Nine Hundred Thirty-Five Dollars ($37,935.00) each for the standard trash trucks and Sixty-One Thousand One Hundred Ninety- Five Dollars ($61,195.00) for the trash truck with attached picker. The total cost of the contract as bid would be One Hundred Thirty-Seven Thousand Sixty-Five Dollars ($137,065.00). During the budget preparation process in May, 1989, three (3) area dealers were contacted for estimated prices for two (2) trash trucks and one (1) trash truck with a picker unit attached. The average estimated price for trash trucks was Twenty-Four Thousand Dollars ($24,000.00) and the truck plus a picker unit was Fifty Thousand Dollars ($50,000.00). The total budgeted for the three (3) vehicles was Ninety-Eight Thousand Dollars ($98,000.00). Award of this contract as bid would result in a total budget shortfall of Thirty-Nine Thousand Sixty-Five Dollars ($39,065.00). Staff recommends award of bid to White GMC, low bidder meeting specifications, for the purchase of one (1) standard trash truck at a cost of Thirty-Seven Thousand Nine Hundred Thirty-Five Dollars ($37,935.00) and one (1) trash truck w/attached picker unit at a cost of Sixty-one Thousand One Hundred Ninety-Five Dollars ($61,195.00). The current picker truck would be converted to regular trash hauling duties and retained for another year. The total cost of the contract would be Ninety-Nine Thousand One Hundred Thirty Dollars ($99,130.00). The One Thousand One Hundred Thirty Dollars ($1,130.00) over the budgeted amount would be absorbed by the Seventeen Thousand Seven Hundred Fifty Dollars ($17,750.00) remaining from the prior purchase of the refuse trucks. Action Required by Council: Award bid to White GMC, low bidder meeting specifications, for the purchase of one (1) standard trash truck and one (1) trash truck w/attached picker unit for a total cost of $99,130.00. Further authorize retaining of unit #72-13 in the fleet for an additional year. Availability of Funds: General Fund Capital Improvement XXX Other(Motor Pool Replacement 009-700-702-852 Account Number: 009-700-702-853 Water/Wastewater General Revenue Sharing Fund) Funds Available: -XX-YES ____ NO Approved for City Council Aqenda .G2~ T: ~ Robert T. Herrera City Manager \ '1-- (0.. ~~ DATE e e CITY OF LA PORTE INTER-DEPARTMENTAL MEMORANDUM Nove.ber 21, 1989 SUBJECT: RObe1~J'~rrera, City Manager st~~lett, Public Works Director Solid Waste Vehicle Bids TO: FROM: Advertised, sealed bids for trash trucks were opened and read on November 13, 1989. Bid requests were mailed to six area dealers with three returning bids. During the budget preparation process in May, 1989, three area dealers were contacted for estimated prices for two trash trucks and one trash truck with a picker unit attached. The average estimated price for trash trucks was $24,000.00 and the truck plus a picker unit was $50,000.00. The total budgeted for the three vehicles was $98,000.00. The low bid received on trash trucks was $37,935.00 each for a total of $75,870.00 and for the truck w/picker unit $61,195.00. The total cost of the three vehicles bid was $137,065.00. This creates a budget shortfall of $39,065.00. In October, 1989 bids were received on two rear-loading refuse trucks. The bids were $8,875.00 lower for each unit than the budgeted amount of $85,000.00. This created an overage of $17,750.00. We recommend the purchase of one standard trash truck and one trash truck w/picker at this time at a total cost of $99,130.00. The existing picker truck would be converted to a trash truck and retained for another year. This vehicle is the unit in the best condition of the three. The cost of the two vehicles will exceed the amount budgeted by $1,130.00. The shortfall would be covered by the lower than anticipated cost of the refuse trucks. The overall effect on the Motor Pool Budget would be an overage of $16,620.00. We do not know the reason for the large difference in the estimated prices given and the actual bid prices. We followed standard procedures for budget preparation and gave the dealers the same specifications as those that were eventually bid. SG/bj xc: John Joerns, Assistant City Manager Bill Fitzsimmons, Solid Waste Superintendent Dick Root, Equipment Services Superintendent '- e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 16, 1989 TO: Steve Gillett, Director of Public Works FROM, Louis Rigby, Purchasing Manage~~ SUBJECT: Sealed Bid #0353 - Trash Trucks Advertised, sealed bids #0353 for trash trucks were opened and read on November 13, 1989. Bid requests were mailed to six area dealers with three returning bids. Attached you will find a bid tabulation and copies of the bids for your review. Please submit your recommendation 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 before council, please notify me. LRlgr Attachment: Bid Tabulation Bids xc: Buddy Jacobs, wi attachment Bill Fitzsimmons, wi attachment Dick Root, wi attachment < e e SEALED BID 110353 TRASH TRUCKS WHITE GMC MORT HALL OLYMPIC FORD INTERNAT'L 1. TRUCK WITH BRUSH LOADER GMC FORD NTERNAT L A. CAB AND CHASSIS TOPKICK F800 4900 PRENTICE PRENTICE I PRENTICE B. BRUSH LOADER 120 - BC 120 - BC 120 - BC PRICE 61,195. 62,098. 67,885. - 2. TRUCK I A. CAB AND CHASSIS SAME SAME SAME PRICE (EACH) 37,935. 38.838. 44,067. .. - 3. DELIVERY 120' 120-150. 90-120 . . . - . . . e e CONSIDER AWARDING BID FOR TRASH TRUCKS - S. Gillett Motion by Second by ~ VOTE: Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried FOR /' Defeated AGAINST Tabled ABSTAIN e e ~ FOR CITY COUNCIL AGENDA~ Agenda Date Requested: December 11. 1989 Requested By: steve Gillett pJ Department: P'!I XXX Report Resolution Public Works Ordinance Exhibits: 1. Recommendation Memorandum SUMMARY & RECOMMENDATION Proposals were requested from five (5) area laboratories for the performance of sample analyses of the influent, effluent, and sludge at the wastewater treatment plant. These tests are required by state and federal regulations to set local limits of the levels of pollutants each industrial customer is allowed to discharge into the sanitary sewer system of the city. The respondents were evaluated as to price, reliability, and references. The top three respondents were as follows: 1. NDRC Laboratories 2. Professional Service Industries 3. Core Laboratories $3,740.00 4,955.00 5,370.00 Staff recommends authorization of the required sample analyses of influent, effluent, and sludge samples by NDRC Laboratories at a cost of Three Thousand Seven Hundred Forty Dollars ($3,740.00). Sufficient funds were budgeted in the Wastewater Treatment Division Operating Budget for this analysis. Action Required by Council: Authorize influent, effluent, and sludge analyses at wastewater treatment plant.performed by NDRC Laboratories at a cost of $3,740.00. Availability of Funds: General Fund Capital Improvement Other XXX Water/Wastewater General Revenue Sharing Account Number: 002-806-807-507 Funds Available: -XX-YES ____ NO Aoproved for City Council Agenda Q~T,~ Robert T. Herrera City Manager \ 1...- <0 -~ ~ DATE CITY OF LA PORTE INTER-DEPARTMENTAL MEMORANDUM November 28, 1989 TO: SUBJECT: ROb~~rera, City Manager ste~G1' le t, Public Works Director Proposals for Laboratory Testing FROM: Federal and state regulations require municipal wastewater treatment plants to set limits on pollutants present in the wastewater discharged into the sanitary sewer system by industries. In order to establish these limits, the plant's total influent, effluent, and sludge must be tested for priority pollutant levels. These total pollutant levels are used to determine the amount each industrial customer is allowed to discharge into the system. The testing of the samples are beyond the expertise of the city's personnel and beyond the ranges of our current equipment. Five (5) area laboratories were requested to respond with proposals to perform the required tests. The top three (3) candidates according to cost, reliability, and references were as follows: 1. NDRC Laboratories 2. Professional Services Industries 3. Core $ 3,740.00 4,305.00 5,370.00 We recommend authorization of NDRC Laboratories to perform the analysis of the required influent, effluent, and sludge samples at the wastewater treatment plant. Funds were budgeted in the Wastewater Treatment Division Operating Budget for this expenditure. This proposal is for a one-time sample only. We intend to submit a more detailed RFP, at a later time, to the area labs for the routine industrial sample analyses required during the course of the budget year for the operation of the Industrial Waste Program. SG/bj xc: John Joerns, Assistant City Manager .- - REOUE~FOR CITY COUNCIL AGENDA ~ ,. ~ Agenda Date Requested: Requested By: J.L. SEASE 12-11-89 111 Department: FIRE/EMS ,} x Report ReslJlution Ordinance Exhibits: MEMO FROM L. R I G,gy BID TABULATION SHEET SUMMARY & RECOMMENDATION FUNDS ARE ALLOCATED IN THE CURRENT BUDGET TO PURCHASE A CARDIO- PULMONARY RESUSITATION SYSTEM OR "THUMPER". SPECIFICATIONS WERE PREPARED AND BIDS REQUESTED. SEALED BIDS #0351 WERE OPENED ON NOVEMBER 13, 1989. TWO BIDS WERE RECIEVED. RECOMMENDATION IS TO AWARD BID TO LOW BIDDER, MATRIX MEDICAL IN THE AMOUNT OF $4130.00. I , / Action Required by Council: APPROVE PURCHASE FROM LOW BIDDER OR RE~8C~ .B~DS. Availability of Funds: X General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-500-517-821 Funds Available: YES NO '/ a ,1. -l, ..-~ ~ DATE 1 ..11rCli.. ...~ n.l::l . e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 16, 1989 SUBJECT: Joe Sease, Fire Chief OV Louis Rigby, Purchasing Manager~~ Sealed Bid #0351 - Cardiopulmonary Re~usitation System TO: FROM: Advertised, sealed bids #0351 for a cardiopulmonary resusitation system were opened and read on November 13, 1989. Bid requests were mailed to three suppliers with two returning bids. Low bid was submitted by Matrx Medical for $4,130. Attached you will find a copy of their bid for your review. -R Please submit your recommendation 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 before council, please notify me. LR/gr Attachment: Bid Tabulation Bid xc: Ylva Forsten, wi attachment e e SEALED BID 110351 CPR SYSTEM DIXIE USA MATRX~~ MEDICAL MICHIGAN MICHIGAN 1. CPR SYSTEM INSTRUMENTS INSTRUMENTS 2. PRICE 4,252.73 4,130.00 3. DELIVERY . 10 7-10 . - . I . . . , . e e CITY OF LA PORTE The foregoing prices shall include all labor. materials, equipment. bailing. shoring, removal. overhead. profit. insurance, etc.. to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance_of this bid. bidder will execute a formal contract within ten (10) days. ~P_-DISTRIBTUION Title . MATRX MEDICAL, INC. Business 200 GATES RD. BALLENTINE SC 29002 Address and Zip Code (SEAL - if bid is by a Corporation) e e MICHIGAN INSTRUMENTS, INC. "THUMPER" CARDIOPULMONARY RESUSCITATION SYSTEM SPECIFICATIONS DESCRIPTION The system must be capable of all of the following: 1. Cardiac compressions and respiratory ventilations as per most recent American Heart Association standards. 2. Be user adjustable to meet future A.H.A. standards. 3. Deliver 100% oxygen adjustable from 5.0 to 60.0 cm H20 4. Deliver a timed ventilation after every fifth cardiac compression within an interval, not to exceed 2.0 seconds, before the next compression begins. 5. Deliver cardiac compressions by a metallic arm that is fully adjustable to accomodate ALL size patients and must be rigidly attachable to baseplate. 6. Must have all gauges and controls located on the baseplate, lateral and diretly adjacent to the patient. 7. System must be capable to utilized from either side of the pat.ient. 8. System must not exceed 25 lbs. 9. System must include a "soft" cordura carry. case capable of containing the entire system. 10. System must include a backboard to place the patient in the correct anatomical position for effective CPR. 11. System must be capable of full operations for 15-30 seconds after diconnection from main oxygen supply source. OXYGEN SUPPLY SYSTEM System must be capable connection to both an on-board and a portable supply and meet all of the following requirements: 1. Must connect to an on-board supply thru an aircraft type braided pressure hose. 2. Pressure hose must include male and female quick connect fittings compatible to an Ohio quick connect wall fitting. 1 3. Must have a po~ble Mobile Oxygen Carrie~apable of utilizing two ..,' size oxygen cylinders. .., 4. Portable system must also have quick connect fittings and must be in a rigid, aluminum carrier. 5. The oxygen regulator on the portable system must have at least two spare connection plugs foro future use. 6. Portable system must have a standard oxygen pressure guage. INFECTION CONTROL The entire system must be capable of chemical disinfection after patient usage. 2 e e BID PROPOSAL TO CITY OF LA PORTE. TEXAS TO: HONORABLE MAYOR AND COUNCIL FROM: COMPANY MATRX MEDICAL, INC. CITY OF LA PORTE ADDRESS 200 GATES RD. LA PORTE. TEXAS CITY BALLENT INE ,). STATE S.C. PHONE (8 03) 7 81 - 3 3 7 0 IrEK NO. OF UNIT TOTAL NO. DESCRIPTION UNITS PRICE PlUCE 1. CARDIOPULMONARY RESUSCITATION SYSTEM 1 4130.00 4130.00 MAKE MICHIGAN INSTRUMENTS , MODEL TX 12000 - THUMPER TX 100028 ... SOFT CASE TX 10974-04 - BOARD TX 10791... 09-ttPtMOC ~~t TX .1 0411~:01 - OHIO WALL QUICK ~~~J IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM. MATERlAL. AND/OR EQUIPMENT SHALL CARRY THE STANDARD WARRANTY OF THE KANUFACTURER AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE AtTACKED SPECIFICATIONS IN 7 -1 0 DAYS FOR THE SUM OF 41 30 . 00 DOLLARS. DA Y S ARO THE UNDERSIGNED CERTIFIES THAT THE BID PRICE CONTAINED IN THE FOREGOING PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMItTED IN DUPLICATE AS CORRECT AND FINAL THIS 10 DAY OF NOVEMBER . 1989. MATRX MEDICAL, INC. COMPANY V.P.-DISTRIBUTI e e _ilIa MEDICAL INC FORMERL Y COUNTS MEDICAL EQUIPMENT, INC. November 8, 1989 CITY OF LA PORTE HARRIS COUNTY, TX. Ci ty Ha II 604 West Fairmont Parkway La Porte, Tx. 77571 RE: BID NO. 0351 DATE OF OpENING: 11/13/89 TIME OF OPENING: 4:00 P.M. Dear Purchasing Agent: Effective as of October 1, 1989. we will be operating under the name of Matrx Medical, Inc. Our Federal I.D. Number will remain the same, 16-1326376. We will continue to conduct business at our Ballentine. South Carolina office under the new name of Matrx Medical, Inc. Enclosed with our bid proposal is a stamped. self-addressed envelope. We are requesting you send us tabulations on this solicitation as soon as the information has been compiled. If bid is awarded to Matrx Medical. Inc.. please furnish us with the above referenced Bid/Quotation No. on all correspondence i.e.. Purchase Orders and Bid Tabulations. whether it be by Zettel' 01' phone. Thank you for your attention to this matter. rely. ~~~ . . . Sable CONTRACT SALES MANAGER MATRX MEDICAL. INC. (formerly Counts Medical Equipment) Enclosure: Return Envelope JCS/pnd PO Box 903. Ballentine, S.C. 29002. Telephone 803 -781-3370. Fax 803-781-8729 e e crTY OF LA PORTE The foregoing prices shall include all labor. materials. equipment. bailing. shoring. removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance_of this bid, bidder will execute a formal contract within ten (10) days. Respectfully submitted: 8Y~'~ ~c... \J, Q~,. Title b llc" 0 USl<\ Business TNC ~dB 555tt1 /-J-uus Ta)0~ x~'S '( 1:J '5'.;' Address and Zip Code (SEAL - if bid 1s by a Corporation) e e MICHIGAN INSTRUMENTS, INC. "THUMPER" CARDIOPULMONARY RESUSCITATION SYSTEM SPECIFICATIONS DESCRIPTION The system must be capable of all of the following: 1. Cardiac compressions and respiratory ventilations as per most recent American Heart Association standards. 2. Be user adjustable to meet future A.H.A. standards. 3. Deliver 100% oxygen adjustable from 5.0 to 60.0 cm H20 4. Deliver a timed ventilation after every fifth cardiac compression within an interval, not to exceed 2.0 seconds, before the next compression begins. 5. Deliver cardiac compressions by a metallic arm that is fully adjustable to accomodate~LL size patients and must be rigidly attachable to baseplate. ~To 13'12.../1 6. Must have all gauges and controls located on the baseplate, lateral and diretly adjacent to the patient. 7. System must be capable to utilized from either side of the patient. 8. System must not exceed 25 lbs. 9. System must include a "soft" cordura carry case capable of containing the entire system. (000::2. B 10. System must include a backboard to place the patient in the correct anatomical position for effective CPR. looou3 11. System must be capable of full operations for 15-30 seconds after diconnection from main oxygen supply source. OXYGEN SUPPLY SYSTEM System must be capable connection to both an on-board and a portable supply and meet all of the following requirements: 1. Must connect to an on-board supply thru an aircraft type braided pressure hose. 2. Pressure hose must include male and female quick connect fittings compatible to an Ohio quick connect wall fitting. I 3.. 4. Must have a por~ble Mobile Oxygen Carrier~~able of utilizing two '.., size oxygen cylinders. t~()()~ Portable system must also have quick connect fittings and mus t be in a rigid, al urninurn carri er . J t.J 00 0 / 5. The oxygen regulator on the portable system must have at least two spare connection plugs foro future use. 6. Portable system must have a standard oxygen pressure guage. INFECTION CONTROL The entire system must be capable of chemical disinfection after patient usage. 2 . . . e e BID PROPOSAL TO CITY OF LA PORTE. TEXAS TO: HONORABLE MAYOR AND COUNCIL CITY OF LA PORTE LA PORTE. TEXAS FROM: COMPANY. ~ ',- ~',- ~ usA -:ItVC-- ADDRESS ~CJB 56'5lfCf CITY t-tuu. s, I ( !"r\.J STATE "z ~$ 1-'& S--:; PHONE ~) 3 Lf 7 - '34- q tj ITEM NO. OF .. UNIT TOTAL NO. DESCRIPTION UNITS PRICE PRICE 1. CARDIOPULMONARY RESUSCITATION SYSTEM 1 '-l ;)'5~.7 3 t.125:2.-73 ..... ~. MAKE ,C('l~ -rY'1~~~-ts -..),- MODEL lD 0':) \~ ~~~ IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, HATER!AL, AND/OR EQUIPMENT SHALL CARRY THE STANDARD WARRANTY OF THE MANUFACTURER AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS IN I n DAYS FOR THE SUM OF 4 ~ '5 :;). f 3 DOLLARS. THE UNDERSIGNED CERTIFIES THAT THE BID PR.ICE CONTAINED IN THE FOREGOING PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT AND FINAL THIS '1 DAY OF (\J()\I~ . 19J!B D IX ~ LlSft COMPANY ~ ~{\)L.. e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: DECEMBER 11. 1989 Requested By: STAN SHERWOOD Department: PARKS & RECREATION x Report Resolution Ordinance Exhibits: 1. BID TABULATION FOR FOLDING TABLES. 2. MEMO FROM PURCHASING AGENT REGARDING FOLDING TABLES. SUMMARY & RECOMMENDATION SEALED BIDS 10354 FOR FOLDING TABLES (35 RECTANGULAR FOLDING TABLES, 20 ROUND FOLDING TABLES) WERE OPENED ON DECEMBER 4, 1989. INVITATIONS FOR BIDDING THESE TABLES WERE MAILED TO NINE SUPPLIERS WITH THREE RETURNING BIDS. BRYAN EQUIPMENT CO, INC. SUBMITTED THE LOW BID IN THE AMOUNT OF $7,432.50. HOWEVER, THE BID RECEIVED FROM BRYAN EQUIPMENT CO., INC. WAS SIGNIFICANTLY HIGHER THAN A VERBAL QUOTE WE HAD RECEIVED EARLIER. THEREFORE, WE ARE NOW REQUESTING 31 RECTANGULAR FOLDING TABLES INSTEAD OF 35 WHICH WILL REDUCE THE TOTAL COST FROM $7,432.50 TO $7,010.50. SYLVAN BEACH CONVENTION CENTER'S BUDGET WAS $3,800.00 FOR ROUND FOLDING TABLES. RECREATION'S BUDGET FOR FOLDING TABLES WAS $3,340.00. BIDS CAME IN AT $187.00 EACH FOR ROUND TABLES ($187.00 X 20 = $3,740.00) AND $105.50 EACH FOR RECTANGULAR TABLES ($105.50 X 31 = $3,270.50). SYLVAN BEACH CONVENTION CENTER IS UNDER BUDGET IN THE AMOUNT OF $60.00. RECREATION IS UNDER BUDGET IN THE AMOUNT OF $69.50. Action Required by Council: APPROVAL OF BRYAN EQUIPMENT CO., INC.'S BID FOR THE FOLDING TABLES IN THE AMOUNT OF $7,010.50. Availability of Funds: General Fund Water/Wastewater X Capital Improvement General Revenue Sharing Other - Federal Revenue Sharing $3,740.00 Account Number: 008-800-803-821 Funds Available: X YES NO $3,270.50 Account Number: 001-800-801-821 Funds Available: X YES NO Aooroved for City Council Agenda ~ Robert T. Herrera City Manager _ttl ~ {8''1 Date ~ ~ ., e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM DECEMBER 5, 1989 Stan Sherwood, Director of Parks & Recreation Louis Rigby, Purchasing Manage~~~ SUBJECT: Sealed Bid #0354 - Folding Tabl~s TO: FROM: Advertised, sealed bids #0354 for folding tables were opened and read on December 4, 1989. Bid requests were mailed to nine suppliers with .three returning bids. Low bid meeting specifications was submitted by Bryan Equipment Co., Inc. Total cost for 35 rectangular tables and 20 round tables would be $7,432.50 with a 60 day delivery. Please submit your recommendation with an agenda request form by the prescribed time before the next regular counCl~ meeting. If there is a need to delay bringing this bid before council, please notify me. LRlgr Attachment: Bid Tabulation xc: Tim O'Connor, wi attachment . e, e ~ ., -. ~ SEALED BID 110354 FOLDING TABLES BRYAN SOUTHERN BAY SHORE EQUIPMENT ALUMINUM OFFICE COMPANY SUPPLY I. RECTANGULAR FOLDING TABLES 1 30" x 72" 105.50 127.69 137.88 II. ROUND FOLDING TABLES 1. 72" 187.00 278.69 241. 73 - 'T'rl'T'AT. 7,432.50 10,042.95 9,660.40 I I DELIVERY IN DAYS 60 45 30 I I - . . I . . ! - , . e e CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING CONTRACT FOR LABORATORY TESTING - S. Gillett B. CONSIDER AWARDING BID FOR CARDIOPULMONAHY RESUSCITATION EQUIPMENT - J. Sease C. CONSIDER AWARDING BID FOR FOLDING TABLES - S. SherI/lOad Motion by Second by cu~ ~7t~ _. FOR AGAINST ABsrrAIN VOTE: Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone Motion carried ~Defeated Tabled . . , ~J(.' ~~.. . , . d"t."""'''.;~ ~. , ~ ;7 I fJ A ~ ' A'd/J . ~rtvfie. ~~~~A<'W .. . .. . p -~ COUNCIL ACTION WATERS: ~ COOPER: uJ~L ~~,~ 1:;; J~ Ju4-- ~ r Pf;, ~~~J0h ~~b#~~ l ~'#ff"'-~ .;L~- cy;rr----- ~_~lU MATUSZAK;~~~~d~~tn-b~~ ~M 9r..t- ~ ~a. .d4T~ .fid ~ ~ dr,..e... 7~ McLAUGHLIN: ~L ~ 7~~ ~~~'J,k/::U ~.4~, ~~~~~~~ It/(P~~~;t./U#A'U~~~~ ~ -I. ~tu ~~$tL>~ ",- ~~~ ~~:. ~. (I ~ :'. ~~~~h~L 9 ~ ~w ~-;> ~':l, ~W ..~ '~ y '~qt:L~j.~ l4Y1~ t2/~J!;;,,~ ~ f:JJ'IV7J-G<c.::t-~. GAY':....- /" ;;Z;~4r~~r-~~ t .'~ ~ .' SKELTON:~.~ . ~., c~ n I)A.' ..J-. I?J /DiR.. ~~ f;, D..tr~ ~ ':t. ')>'1.. ' 1--cArc.-c..~ /-0 ~~ q!. Cft1 ~ J>>e ~ ~gA::4 ~"-~ ~d-. ,u-lL c.-.. L-a:_ I q 9" ~ "'- ~ yfi I n _ ---;, ;;.;.:}. L1 CLARKE:~O~ ~AJLcO M.PL'~~~?::,,~' lM;;...J. ~~~"t,~~ ~~~" ;;:;8 ~~ HGllc #~~~::~ ~ MALONE:-~P~ -P ~ ... .~l:t.dA.~~L~~r~~_ ~. '-t./.yv...o-o ... 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