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HomeMy WebLinkAbout2000-06-12 Regular Meeting and Special Called Workshop Meeting• • • IVIINUTES OF THE REGULAR MEETING AND SPECIAL CALLED WORKSHOP OF LA PORTE CITY COUNCIL JUNE 12, 2000 1. CALL TO ORDER The meeting was called to order by Mayor Pro-Tem Jerry Clarke at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, and Jerry Clarke. Members of Council Absent: Norman Malone Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, Director of Public Works Steve Gillett, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance Director Mike Dolby, Director of Parks and Recreation Stephen Barr, Director of Emergency Management Joe Sease, Director of Administrative Services Louis Rigby, Assistant City Attorney John Armstrong, Police Chief Richard Reff, Assistant City Secretary Janis Goulder. Others Present: Nazarali Momin and a number of citizens. 2. Councilmember Jeny Clarke delivered the Invocation. 3. Council considered approving the minutes of the Regular Meeting on May 22, 2000. Motion was made by Councilperson Griffiths to approve the minutes of the Regular Meeting of May 22.2000 as presented. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke. Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. There were no citizens wishing to address City Council. 5. Council considered approving an ordinance amending Chapter 70, Article III, Section 70- 97, "School Zones", of the Code of Ordinance of the City of La Porte for the purpose of designating maximum speed limits in a school zone for the new De Walt Alternative School. Director of Public Works Steve Gillett presented summary and recommendation. • Council Minutes - 6-12-00 -Page 2 City Attorney read: ORDINANCE 2000-2414 - AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-97, "SCHOOL ZONES", PARAGRAPH (a), SUBPARAGRAPHS (8), (9), AND (10), OF THE CODE OF ORDINANCE OF THE CITY OF LA PORTE; FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS IN A SCHOOL ZONE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made b Cy ounci~erson Griffiths to approve the Ordinance 2000-2414 as presented by Mr. Gillett: Second by Councilperson Gay. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke Nays: None Abstain: None 6. Council considered approving an ordinance amending Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte, by adding an azea at a restaurant where wine and/or beer for consumption on the premises may be sold. City Secretary Martha Gillett presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 1000-1-G - AN ORDINANCE OF THE CITY OF LA PORTE; TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilperson Sutherland to approve the Ordinance 1000-1-G as presented by Ms. Gillett. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clarke. Nays: None Abstain: None 7. Council considered approving an ordinance authorizing the City Manager to execute a contract with Gulf States Protective Coatings, Inc. in the amount of $27,000.00 and further authorizing $1,350.00 contingency for the ground storage tank repairs and authorize use of excess funds from the waterline replacement project. Director of Public Works Steve Gillett presented summary and recommendation for Director of Planning Doug Kneupper. • • Council Minutes - 6-12-00 -Page 3 City Attorney read: ORDINANCE 2000-2415 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GULF STATES PROTECTIVE COATINGS, INC. FOR GROUND STORAGE TANK REPAIRS; APPROPRIATING $28,350.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Young to approve the Ordinance 2000-2415 as presented ~ Mr. Gillett. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke. Nays: None Abstain: None 8. Consent Agenda A. Considered awazding bid for the annual supply of hot mix asphalt-type D to Martin Mazietta Materials - S. Gillett B. Considered awazding bid to Beltway A/C & Heating, Inc. to remove and install HVAC equipment for Jennie Riley Recreation Center and Evelyn Kennedy Civic Center. - S. Barr Councilperson Porter made a motion to vote on all Consent Agenda items together and approve items presented. Second by Councilperson Gay. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, and Clazke Nays: None Abstain: None 9. The special called workshop meeting was called to order by Mayor Pro-Tem Jerry Clarke at 6:20 P.M. A. Discuss Car Allowances Councilperson Gay made a motion to table this item until the next meeting when Mayor Malone would be present. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young and Clarke. Nays: Griff ths. Abstain: None ~ • Council Minutes - 6-12-00 -Page 4 10. Workshop adjourned and the special called meeting re-convened at 6:21 P.M. 11. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. Chamber of Commerce Annual Hamburger Cookout -Thursday, June 15, 2000 - Du Pont Recreational Facility. B. Council Retreat -July 8, 2000. Fn addition, Mr. Herrera reminded City Council there will be a Town Meeting on June 20, 2000 to review the Comprehensive Plan Update. 12. COUNCII. ACTION Councilperson Porter, Griffiths, Ebow, Engelken, Sutherland, Gay, Young, and Clarke brought items to Council's attention. 13. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) 551.071 (CONSULTATION WITH ATTORNEY) Meet with City Manager and City Attorney regarding pending litigation. Council retired into Executive Session at 6:35 P.M. under Section 551.071 (Consultation with Attorney). Council adjourned Executive Session at 7:18 P.M. Council returned to the table at 7:19 P.M., with no action taken. 14. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. • Council Minutes - 6-12-00 -Page 5 15. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 7:20 P.M. Respectfully submitted, Martha Gillett City Secretary approved on this 26th day of June 2000. ~~ REQUEST F~CITY COUNCIL AGENDA ITEM • Agenda Date Requested: June 12, 2000 Requested By: S. Gillett Department: Public Works Report Resolution XX Ordinance Exhibits: Ordinance No. 00- Map of Area SUNIMARY & RECOMMENDATION The De Walt Alternative School has been relocated, and the school zones in this area need to be revised. The attached ordinance revises Chapter 70, Article III, Section 70-97, School Zones, items 8, 9 and 10 are changes to reflect the new school zones needed around De Walt. The streets affected are as follows: (8) Along West Tyler from North 2"d to North 3`d (9) Along North 2"d from West Madison to West Adams. (10) Along North 3`d from West Madison to West Adams. Action Required by Council: Approve Ordinance No. 00-a~~/'amending Chapter 7, Article III, Section 70-97 to change the school zones from the former De Walt Alternative School to the new campus location. Availability of Funds: _ General Fund_ Water/Wastewater _ Capital Improvement General Revenue Sharing _ Other Account Number: N/A Funds Available: YES NO ApI p1roveld for City Council Agenda Robert T. Herrera Date City Manager • ORDINANCE NO . 2 0 0 0 - ~ ~l l ~{ AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-97, "SCHOOL ZONES", PARAGRAPH (a), SIIHPARAGRAPHS (8), (9), AND (10), OF THE CODE OF ORDINANCES OF THE CITY OF LA FORTE; FOR THE PIIRPOSE OF DESIGNATING MABIMIIM SPEED LIMITS IN A SCHOOL ZONE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIB ORDINANCE SHALL BE DEEMED GIIILTY OF A MISDEMEANOR AND IIPON CONVICTION BHALL BE FINED IN A SUM NOT TO EBCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAIISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Article 6701d, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City of La Porte shall determine upon the basis of an engineering and traffic investigation that any prima facia speed therein set forth is greater or less than is reasonable or prudent under conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of La Porte, taking into consideration,. but not limited to, the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signage giving notice thereof is erected at such intersection or other place or part of the street or highway; and WHEREAS, the City Council of the City of La Porte has directed that an Engineering and Traffic Investigation take place for the purpose of ascertaining reasonable and prudent prima facie speed limits within the City of La Porte; and WHEREAS, 'the results of said Engineering and Traffic Investigation have become known unto the City Council of the City of La Porte; and • WHEREAS, the City Council of the City of La Porte finds that it is consistent in promoting the health, safety, and welfare of the citizens of the City of La Porte to reduce the maximum speed on said streets of the City of La Porte based upon the results of said engineering and traffic investigation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Article 6701d, Vernon's Texas Civil Statutes, the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, "Traffic and Vehicles", Article III, Section 70-97, paragraph (a), subparagraphs (8), (9) and (10) are hereby amended to read as follows, to-wit: "Section 70-97(a). Maximum limits and school zones. 8. Along West Tyler from North 2nd Street to North 3rd Street, a distance of 330 feet, 0.06 miles. 9. Along North 2nd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles. 10. Along North 3rd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles." Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject 2 matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. If any section, sentence, phrase, or clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. Any person, as defined in Section 1.07(26), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. 8ectioa 6. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this 12th day of June, 2000. CITY OF LA PO TE sy: ~ ~,~~.'~ Norman L. alon Mayor 3 ATTEST: a.~ ~~ Ma ha Gillett City Secretary. APP OV ~ Knox W. Askins City Attorney • J I ~ - ~ ~~ ~i~l~ 1~ m 0 NORTH 8TH STRE NORTH 7TH STRE NORTH 6TH STRE ~~ ~~~ m N r m m m ~g Z~ Zm~~ X W -~9~p~ F 'P~~2~~ N~ m v Z -a rn m nom ODiD ~~~ m NORTH 5TH STREt ~ NORTH 4TH STREI m _ NORTH 3RD STRt NORTH 2ND STF nnrA n- • • PUBLIC NOTICE ORDINANCE 2000-2414 AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, SECTION 70-97, "SCHOOL ZONES", PARAGRAPH (a), SUBPARAGRAPHS (8), (9), AND (10), OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS; FOR THE PURPOSE OF DESIGNATING SPEED LIlVIITS IN A SCHOOL ZONE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. CITY OF LA PORTS s/Norman L. Malone, Mayor ATTEST: s/Martha A. Gillett, City Secretary APPROVED: s/Knox W. Askins, City Attorney • • REQUEST F~CITY COUNCIL AGENDA ITEM • Agenda Date Requested: June 12, 2000 Requested By: M. Gillett Departmen~iriuustration -City Secretary Report Resolution X Ordinance Exhibits: Ordinance 1000-1-G SUNIlVIARY & RECOMMENDATION Ordinance 1000-1-G, if approved, would allow a new applicant to sell beer on-premise. The City has processed the new application of Port Auto Truck Stop/Finefair Inc. and has determined that it meets qualifications as outlined in Ordinance 1000-1. The permit will be issued in the name of Port Auto Truck Stop. This permit was previously issued in the name of Nazar ICasamali Momin iridividual and he is now requesting the permit be issued as a corporation. Ordinance 1000-1-will be amended by adding the following: STREET ADDRESS OF THE PROPERTY: 904 W. Barbours Cut Blvd., Harris County, Texas 77571. LEGAL DESCRIPTION OF THE PROPERTY: TR 5, BLK 5, Nebraska Syndicate, Town of La Porte, Harris County, Tx. PROPERTY OWNER: Finefair Inc., d/b/a Port Auto Truck Stop NAME OF APPLICANTS: Nazarali Momin and Akbarali Momin ADDRESS OF APPLICANT: 6306 Hidden Crest Way, Sugarland, Tx. 77479 and 14619 Underwood Creek Way, Houston, Texas 77062 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck Stop Action Required by Council: Consider approval of Ordinance 1000-1-G. Availability of Funds: _ General Fund_ Water/Wastewater _ Capital Lnprovement_ General Revenue Sharing _ Other Account Number: Funds Available: _ YES _ NO Approved for Citv Council Agenda Robert T. Herrera Date City Manager ORDINANCE NO. 1000-1-G AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the City of La Porte has, in Chapter 6 of the Code of Ordinances of the City of La Porte, regulated the location, closing hours, and sate of wine and/or beer on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq~; and WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the locations at which wine and/or beer may be sold in the City, and further expressly identifies the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said Code; and WHEREAS, a new applicant desires to sell wine and/or beer at a location not previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte; and WHEREAS, .the City has, pursuant to the terms of said Code, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; Ordinance No. 1000-1-G • Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is hereby amended by granting a new permit for the operation of a restaurant, as defined in said Code, at the following location, which permit shall be personal to the applicant, and non-transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance and the Code of Ordinances of the City of La Porte; STREET ADDRESS OF PROPERTY: 904 W. Barbours Cut Blvd., La Porte, Harris County, Texas 77571 LEGAL DESCRIPTION OF PROPERTY: TR 5, BLK 5, Nebraska Syndicate, Town of La Porte, Harris County, TX PROPERTY OWNER: Fine Fair Inc., d/b/a Port Auto Truck Stop NAME OF APPLICANT: Nazarali Momin and Akbarali Momin ADDRESS OF APPLICANT: 6306 Hidden Crest Way, Sugar Land, TX 77479 and 14619 Underwood Creek Way, Houston, TX 77062, respectively TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck Stop Section 2. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption on premises at the locations established in Section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, the City of La Porte Zoning Ordinance, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City . , ,_ Ordinance No. 1000-1-G Page 3 of La Porte, regardless of whether such business or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of the Zoning Ordinance and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Chapter 6 of the Code of Ordinances of the City of La Porte; c. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and d. The Zoning Ordinance of the City of La Porte, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Ordinance No. 1000-1-G Page 4 Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. PASSED AND APPROVED this the ~~~ day of , 2000. CITY OF LA PORTE ~ - ~...C~if ' Norman L. Malone; Mayor ATTEST: 1 Martha Gillett, City Secretary • PUBLIC NOTICE ORDINANCE 1000-1-G AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, BY ADDING AN AREA AT A RESTAURANT WIRE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTI~R PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTTVE DATE.. CITY OF LA PORTS s/Norman L. Malone, Mayor ATTEST: s/Martha A. Gillett, City Secretary APPROVED: s/Knox W. Askins, City Attorney • • • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 12, 2000 Requested By: Doug Kneuppe Department: Planning Report Resolution X Ordinance Exhibits: Ordinance Bid Tabulation Bidder's List Summary & Recommendation As part of the FY 1999-2000 Budget for Utility Capital Improvement Projects, City Council approved $20,000.00 for Ground Storage Tank Repairs. The Ground Storage Tank Repairs project consists of sandblasting, minor pit repairs and application of NSF approved 3-coat epoxy paint system to the interior floor of three galvanized bolted steel water storage tanks. (Tank #1 on Fairmont Park, Tank #2 on 4`h Street, and Tank #3 on Bandridge Street) Design and engineering were performed on this project utilizing City Staff. On May 15, 2000, the City received competitive bids from three qualified contractors (see attached Bid Tabulation). Gulf States Protective Coatings, Inc. of Kemah, Texas submitted the low bid in the amount of $27,000.00. Contract will be complete within 105 working days once "Notice to Proceed'° is issued. Staff has reviewed the bids submitted and determined the low bid from Gulf States Protective Coatings, Inc. is within the budgeted amount and Gulf States Protective Coatings, Inc. is qualified to perform this work. Staff recommends that the City Council authorize the City Manager to execute a contract with Gulf States Protective Coatings, Inc. in the amount of $27,000.00 and further authorizing $1,350.00 (5%) contingency for the Ground Storage Tank Repairs. The extra funds ($8,350.00) can be obtained from account 003-9890-816 (Catlett Waterline Replacement) surplus. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Gulf States Protective Coatings, Inc. in the amount of $27,000.00 and further authorizing $1,350.00 contingency for the Ground Storage Tank Repairs. In addition, authorize the use of excess funds from the Waterline Replacement Project. Availability of Funds: General Fund Water/Wastewater X Capital Improvement General Revenue Sharing Other 003-9890-816 Account Number: 003-9890-817 Funds Available: X Yes No Approved for City Council Agenda ~~ T. I1~.~-~,....~ c~-c~ -~a Robert T. Herrera Date City Manager ORDINANCE NO. 2000- ~ ~ 1 S AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTS AND GULF BTATEB PROTECTIVE COATINGS, INC. FOR GROUND STORAGE TANK REPAIRS; APPROPRIATING X28,350.00 TO .FUND SAID CONTRACT; MAKING VARIOUS FINDING8 AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $28,350.00 from Utility Capital Improvement Fund 003 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been ORDINANCE NO. 2000-,~~F15 • open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally .acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 3ectioa 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this June 12, 2000. CITY OF LA PO E / ~~ By: =- ~ ~ .~ Norman L. Malon , Mayor City Attorney ATTEST: M ha Gillett, City Secretary ~, },y •~j'.+Iq•J ~ - ~S' 4, a~•.• °l•, ":1.' _ •P' .: . .. •. _ n ., ,7.••_v:,'1 ,~.h'.'. .. .r.: i 4':t..' t'. .. _ ... - ~ .'i• `.i+r, .. ... f •,t r... 1.• .1:h.::.t.•,~ 1 ~ .. -. .. 'ta` rR r, !.: ::~;.•'! a:.:t•F_ ''' .lai •:S~ '. y. . ... +1 ~'•I/,•''Y j. .. ~, ~.tl ~I - ~:t V.,,•`r •~tM ,.,:.~.:~ .~ ;,: - - ~ ~. :SPEC~IFICATI+O_ NS• -. .~.: u::~: ~." .(' ~. t •i i..;~ . S i •• i= ~ '~ XI. ~ 1'• F •.-d".: :..d- ~a 'r. _ t_. • j- :'rv,, , •d:. ?,Y,y,`, ~i+~~. 's"•°.-`1Mf%'' .+':.e~ . ,. - •r'.•~j~ ' " .. t. ~•,.•µ;.i,t ,'.I;,;v~_•~~'rt'. J;, .N;, t•'- •ti` '} ~r~'- .. r~•. ••f '. ~ •` ~ ':~ :.: `~ • '{ . '. j' t~; C:•..::~e'tiw ~n~; b~::°{r `~• "Sii~`:.;.~,, .}.P` •iJ~;!a{.a :tii•'.~}•.?rk:..~; sr..~ i.l' =r.a.r :t•;r••; :t+•.t -~ .';•4=" ta^:ii~:v.'11~,i. .~J ,<`t f,". ~~.. :h?t'~Ir.+:~~" '~~::.J: ,~'".:r t.: ~~r~x CONTRACI":D000MENTS ;:,:.'.~. _.a..i. ;~. 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'1. t~,'n^•' ~'~~a 1a: ~~~~~.,•~.~~'~~ . :~: ~a;~ ~~~:::'I~ MARCH 2000. ~~~,,:t•.r~t~:. ++'' '•~ ~`' CLP~.•PROJECT~NO.2000-6201 ~ - '• ' ±•` ~' . t ~~' j. ':t': . ~, t i a _ 1 ' r.1-•. ',:, ~ r a,. .'~7, ~1 . ~ • . t • ..t ,L••+•` ~ ,.1 ,A ~:~~..'ui1' i•i•: ,laJl., .t:fi 1,- .I. eJ'1 _.,1 .c r Vtd ,4;;1'i ~~'t •11..~{`~ ~.Y~ •+~~•.:~ ..t,: ye• }x.*' •~ ii ~,} q.l+. is 1 .j.':.. • NM1, wt ,:w; L<:. ~ ", .`s ''1,':~~i..`~ ~{~•'~ r'. 'a•• .t; ,~:.. .:. ~ .i1. .:t •1i r~'..{{,, L'tj ,~:: at ,ya j '•'}' :t••.; :.~~~. x:4•.'1, .~ s~ .vJ$!..i•f 1 ti.:; ~~{{~~ :ry. •L.' ,r, - ;f•J.•;~wa.! 1`~•.i•., p°„tr'r! •r+' r. +:'d''~.,:. ,In. r'.~'' ',iba l.i.'a-p, .t}[t~}',,:.. :~'j. Si •,t .r,;1~ ;j-:•.- '~<.! d •?,. .,°11•. !' Ct+t r•;.`•'X a:l' ,;•-~?. 1~, 's' - :ti!i• '~S. Q_ c12~2, .N«~~fi~. -.t t`-•.,"• 1'r'' ."i r.' Rt .F. t'i :{:. 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Y`• - •.4' 'jr:,. .•~Si '~'f ~t'+i ~+J, -~q ... r. ,Y• yJ :•sl.. ;!•'1-:~`~•::i:!s:~~' :.A.~I~: ~b^'"'1.:+.?' , _ ~ .. ~ ;, •: fi~tt'' .., . - -.... • t.- '~t:' .:)" -e.l.`tan.+ .,.._.., . _ _ .._t... ._lHG:;jiA"'' . - _...-.. ... ,f-r, i:.Sr?i~t~~md~e'N'4:•z`! • • B1D PROPOSAL FOR LUMP SUM PRICE CONTRACT BID SCHEDULE CLP Project No. 2000-6201 GROUND STORAGE TANK REPAIRS_ ___ Item Description Unit Estim. Unit Price Total No. Quart. ~ Bid 1.0 TANK # 1 FAIRMONT BUSTER L S 1 STATION 10215 HIL.LRIDGE APPROX 710 SF. ~ $ix t ~o1ZshA~ ~ ~~toO ~•~~~t~ per t,U~u P S M 00 ~ ooo~ 4,000 2.0 TANK # 2 WATER PLANT .No. 3 LS 1 404 WEST FAIRMONT PARKWAY # ~t_ ~ !2 (,a' 4T" ST. APPROX 710 SF. 00 ~Qoo ~ . ,~/ Stx i~.o~s,4~-~ ~ ~~toa ~ol~ki~s per L~,ut P Sc~M 3.0 TANK # 3 WATER PLANT # 7 8610 L~ 1 BANDRIDGE APPROX. 2,375 SF. ~ y o i~Da '~ ~ 00~oO ~ ~ t F~E~~ ! t-a t1s~a ~ ~ ~/~ e1 ~~t-5 per LUM {~ SUM Bid Proposal 2 ofi 5 AGREEMENT CLP Project No. 2000-6201 THIS AGREEMENT, made this 12n' day of June, 2000, by and between the CITY OF LA PORTE, ,hereinafter called "Owner", acting herein through its CITY MANAGER and Guff States Protective CoatinQS. Inc. (a~corporation) of Kemah County of Harris ,and State of Texas, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Ground Storage Tank Repairs CLP PROJECT N0.2000-6201 hereinafter called the project, for the Total Price of Twenty-seven Thousand Dollars ($ 27.000.00 )and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. ~, ~ 1 A..M\I.M/.w+ '~ n~ 7 I I • • The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within the time frame described under the technical Specification. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of 100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. ~~ IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed ari original, in the year and day first above mentioned. By: Q ~ ~~~-~- Robert T. Herrera . City Manager Title City of La Porte Name of Owner SEAL Attest: By: `"~ a 1. Martha Gillett City Secretary Title SEAL 1^ 11 n ~-v ~ ~ S l nr-~2 S ~ o~sc~+ J e.:, l.~O q- i ^I,~g .~L~~ ~ , Name of racti g Finn ey: Signature of Autlhorized Person cS c eJr~~ ~ - Title of Authorized Person ~o t o ~ ~ s {~r~~ ~- ~ ? l Address an Zip Code Witness liliy HIIOffl~y Ann?Pmpnf 7 of 7 • CITY OF LA PORTE GROUND STORAGE TANK REPAIIZS CLP PROJECT #2000-6201 BID TABULATION Gulf States Protective Coatings yes 30 ITEM 1 $6,000 30 ITEM 2$6,000 45 ITEM 3 $15,000 105 TOTAL 3 ITEMS $27,000 Water Tank Service check 30 ITEM 1 $6,780 30 ITEM 2 $6,780 45 ITEM 3 $16,200 105 TOTAL 3 ITEMS $29,760 Texas Bridge, Inc. yes 30 ITEM 1 $20,800 30 ITEM 2 $20,800 45 ITEM 3 $28,600 105 TOTAL 3 ITEMS $70,200 ..._ . • CITY OF LA PORTE GROUND STORAGE TANK REPAIRS CLP PROJECT #2000-6201 Advertisine The Bayshore Sun- APRII, 30TH and MAY 7TH, 2000 Bid Notice Faxed Water Tank Service Company D 8t W Contractors Adva~age Contract Services Inc. PO Box 3099 15831 Miller Rd 7150 Almelo Genoa Pasadena, Texas 77501 Baytown, Texas 77049 Houston, Texas 77075 Phone (713477-8673 Phone (28156-0898 Phone (713) 991-0747 Fax (71377-9648 Fax (281) 456-0158 Fax (713) 991-3939 La Pone Bayshore Chambers of Commerce Fax (281p471-1710 Associated General Co~ractors 3825 Dacoma ' Houston, TX 77092 ' Phone: 713-843-3700 FAX: 713-843-3701 Contractors That Picked Up Plans 8t ~ Specifications Furlow Services PO box 853 La Porte Tx 77571 Fax (28171-3069 Quality Tank Service 123 Choupique Rd. Plaucheville, La. Fax (318)922-3102 D & W Contractors, Inc. 15831 Miller Rd 1 Houston, Texas 77049 Fax (281456-0158 Epoxy Design Systems, Inc. P O Box 19845 Houston, Texas . (281)856-9909 Texas Bridge, Inc 281~4I-8913 Golf States Protective Coatings 25 Harbor Lane Kemah Texas 77565 (281)334-5798 AGC of Texas 2400 Augusta Houston, Texas. 77057 (713)3347100 Aoudad Services La Porte,l5c. 77571 Fax (281)-470.6817 IIevated Tanks Applicators 2944 Crater Lake Dr. Baton Rouge La.70814 (225)928-0543 DMS Paintiing Deer Padr, Texas 77536 (281)991-7709 • • CONSENT AGENDA ~ ~ A REQUEST ~ CITY COUNCIL AGENDA ITEM • Agenda Date Requested: June 12 20 Requested By: Steve Gillett p nt: .Public Works XX Report Resolution Ordinance Exhibits: Bid Recap Sealed Bids #0807 -Hot Mix Asphalt -Type D SITIVIlVIARY & RECOMMENDATION Advertised, sealed bids #0807 for Hot Mix Asphalt - Type D were opened and read on May 30, 2000. Bid requests were mailed to five (S) vendors with two (2) returning bids. Low bid meeting specifications was submitted by Martin Marietta Materials at twenty-five dollars ($25.00) per ton. Using estimated yearly quantities, the total cost of this contrail would be $50,000.00. Staff recommends award of the bid for Hot Mix Asphalt - Type D to Martin Marietta Materials, low bidder meeting specifications. Adequate funds for this contract are budgeted in the 1999/2000 Street Maintenance Division Operating Budget. Action Required by Council: Award bid for the annual supply of Hot Mx Asphalt - Type D to Martin Marietta Materials as recommended by Staff. Availability of Funds: X General Fund_ Water/Wastewater _ Capital Improvement General Revenue Sharing Other Account Number: 001707] 5314015 Funds Available: X YES NO Aaaroppved for Citv Council Agenda ~, Robert T. Herrera Date City Manager • ~ • BID TABULATION BID #0807 -HOT MIX ASPHALT MARIETTA DESCRIPTION ~ QTY MATERIALS CEMEX USA HOT MIX ASPHALT -TYPED 2000 $25.00 $26.00 PICKED UP TOTAL 50,000.00 52,000.00 LOCATION 922 Mayo Shell Rd. 5303 Navigation Galena Park, TX Houston, TX~ u GULF STATES ASPHALT PO BOX 508 SOUTH HOUSTON TX 77587 MARTIN MARIETTA PO BOX 3129 HUMBLE, TX 77347 WRIGHT ASPHALT PRODUCTS 704 SHELDON RD SUITE B CHANNELVIEW TX 77530-3538 • BIDDER'S LIST HOT MIX ASPHALT -TYPE D SEALED BID #0807 PRIME MATERIALS INC 600 CENTURY PLAZA DRIVE STE 100 HOUSTON TX 77073 CEMEX USA P.O. BOX 4608 HOUSTON, TX 77210-4608 CHAMBER OF COMMERCE P.O. BOX 996 LAPORTE, TX 77572-0996 BAYSHORE SUN PUBLISH DATES: MAY 14, 2000 MAY 22, 2000 • • B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 14 19 Requested By: Ste hen L. Barr Department: Parks & Recreation XX Report Resolution Ordinance Exhibits: 1. SEALED BID#0805 -Remove and Install HVAC Equipment at Civic Centers 2. Bid Tabulation ~ Bidder's List SUMMARY 8~ RECOMMENDATION The City of La Porte has requested formal bids for removal and installation of HVAC equipment at Jennie Riley Recreation Center and Evelyn Kennedy Civic Center. Bidding documents were delivered to eleven vendors. Two (2) vendors returned bids for the equipment specified; the bids were opened on May 30, 2000. Specifications call for a ten (10) ton electric air conditioning unit to be installed at Evelyn Kennedy Civic Center, and two(2) ea. gas/electric five(5) ton air conditioning/heating units to be installed at Jennie Riley Recreation Center to replace existing equipment that has reached its life expectancy. The low bidder meeting specifications for the specified equipment was Beltway A/C 8 Heating, Inc. with a bid of Fifteen Thousand Six Hundred Fifty-eight Dollars ($15,658.00): After review, staff recommends acceptance of the bid by Beltway A/C 8~ Heating, Inc. as low bidder meeting specifications. Funds are allocated in Capital Outlay funds in the amount of S 18,000 for this equipment purchase. Beltway A/C 8~ Heating, Inc. has stipulated in their bid proposal that they will deliver the equipment specified within 30 days of receipt of the purchase order. Staff Recommendation:. Staff recommends that the bid submitted by Beltway A/C ~ Heating, Inc. be accepted as low bidder meeting specifications. Action Required by Council: Consider award of bid to Beltway AJC >~ Heating, Inc. to remove and install HVAC Equipment for Jennie Riley Recreation Center and Evelyn Kennedy Civic Center. Availability of Funds: XX General Fund Capital Improvement N/A Water/Wastewater General Revenue Sharing Account Number: 001-8080-552-8002 Funds Available: XX YES NO Approved for City Council Aoenda Robert T. Herrera City Manager ~.~-o~ Date CITY OF LA~PORTE INTEROFFICE MEMORANDUM- MAY 31, 2000 TO: STEPHEN BARR, PARKS & RECREATION DIRECTOR FROM: SUSAN KELLEY, PURCHASING MANAGER ,~Z SUBJECT: SEALED BID #0805 -REMOVE & INSTALL HVAC EQUIPMENT AT - CIVIC CENTERS Advertised, Sealed Bids #0805 for Remove ~ Install HVAC Equipment at Civic Centers wen: opened and read on May 30, 2000. Bid requests were mailed to' eleven (11) vendors with two (2) returning bids. . Beltway A/C ~ Heating submitted low bid meeting specfications. A copy of their bid is attached 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. Attachment: Bid Tabulation Bidder's List - Bid Copies - JUN - 1 ~0 • BID TABULATION . BID # 0805 -HVAC EQUIPMENT AT CIVIC CENTERS . BELTWAY A/C HEATING 8 DESCRIPTION 8~ HEATING A/C 1) Remove & Install HVAC~Equipment at Evelyn Kennedy $7,653.00 $7,950.00 2) Remove & Install HVAC Equipment at Jennie Riley $7,255.00 $8,650.00 TOTAL $14,908.00 16,600.00 "All or None Bid" -Lump Sum on Both Sections NO BID $16,100.00 OPTION Replacement of Roof Curb ~ $750.00 NO BID * • BIDDER'S LIST AIR-VALUE INC PO BOX 596 LA PORTE ~TX REMOVAL ~ INSTALL HVAC EQUIPMENT AT CIVIC CENTERS SEALED BID #0805 AIRE BY~THARLING 1315 WOLLAND AVE 77572 HOUSTON, TX 77029 ARVELL MOORE AIR CONDITIONING 1320 WEST MAIN LA PORTE~ TX 77571 BELTWAY AIR CONDITIONING 5419 SYCAMORE .PASADENA TX 77503 ECONOMY HEATING & AIR CONDITIONING PO BOX 80 LA PORTE TX 77572 MONUMENT MECHANICAL SERVICE 11718 ALAMO LA PORTE ~ TX 77572 T 8~ L.MECHANICAL 1118 E. SAN AUGUSTINE DEER PARK TX 77536 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 , BARRETTS AIR CONDITIONING PO BOX 748 LA PORTE TX 77.572 COASTAL AIR CONDITIONING 704 WEST MAIN LA PORTE TX 77571 FINCH AIR CONDITIONING 2301 UNDERWOOD LA PORTE TX 77571 ROBERTS A/C & HEATING 10435 CARLOW LANE LA PORTE TX 77572 BAYSHORE SUN PUBLISH DATES.: MAY 14, 2000 MAY 21, 2000 ~ • !' l~/ ..~ F• .~ • :! • • ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1219 LA PORT E, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CHARLES R. HUGER. JR. BOARD CER TIIICD - CIVIL TRIAL LAW TEXAS BOARD 0/ LEGAL BPECIA LI2 ATION CLARK T. ASKINS June.5, 2000 Mr. Robert T. Herrera City Manager City of La Porte City Hall La Porte, Texas Re: Council Expense Reimbursement Dear Mr. Herrera: TELEPHONE 291 471-1898 TELECOPIER 291 471-2047 You have requested my opinion on the question of reimbursement to the Mayor and' City Councilpersons, for expenses which they reasonably incur in the performance of their duties. Section 2.05, "Compensation", of the Home Rule Charter of the City of La Porte reads as follows: "2.05 Compensation. Each councilperson and the mayor shall receive for his services a salary in an amount determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each councilperson." This provision of the Home Rule Charter provides the mayor and Councilpersons with a~salary for services. In addition, I have advised City Council that it may reimburse to the Mayor and Councilpersons,'expenses which each of them may reasonably incur in the performance of their duties, as budgeted by City Council. In establishing guidelines and criteria as to what constitutes reasonable expenses, I have likewise advised City management and City Council, to follow Internal Revenue Service Code provisions applicable to businesses, for reimbursement of employee expenses. In the case of 'automobile expenses, IRS guidelines provide for two methods of reimbursement. The first is reimbursement for automobile mileage. The current allowable reimbursement is 32.54 per mile. The other allowable method of reimbursement, is by a monthly automobile allowance. A monthly allowance should be calculated to cover the business portion of the vehicle expenses, and should include depreciation, repairs and upkeep, insurance and fuel expenses. • Mr. Robert T. Herrera June 5, 2000 Page 2 The decision to provide the Mayor with a policy decision within the authority not in conflict with the City Charter. A5~5 & ARMSTRONG, P. C. ATTORNEYS AT LAW a monthly car allowance is of the•City Council and is IRS regulations also allow for reimbursement for meals and lodging expenses incurred in traveling on company business, parking expense, rent car expense, and the like. In summary, it is my opinion that the City of La Porte's practice of •reimbursing the Mayor and Councilpersons for their expenses reasonably incurred in the conduct of City bus~.ness, as budgeted by City Council, is legally permissible. Such expenses should be properly logged and receipted, and submitted to the City's Finance Department for .reimbursement. Yo s very truly, . r • C/ ~ nox W. Askins City Attorney City of La Porte KWA:sw