HomeMy WebLinkAbout2001-05-21 Special Called Meeting•
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MINUTES OF THE SPECIAL CALLED WORKSHOP MEETING
OF LA PORTE CITY COUNCIL
MAY 21, 2001
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of CityCouncil Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, James Warren ,Charlie Young, Jerry Clarke, and Norman
Malone.
Members of Council Absent: Alton Porter
Members of C~ Executive Staff and City Employees Present: City Manager Robert T.
Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns,
City Secretary Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance
Director Mike Dolby, Director of Administrative Services Louis Rigby, Parks and
Recreation Director Stephen Barr, Public Works Director Steve Gillett, Administrative
Assistant Carol Buttler, Purchasing Manager Susan Kelley, Emergency Services Director
Joe Sease, Planning Director Doug Kneupper, Police Chief Richard Reff, and Golf Pro
Alex Osmond.
Others Present: Deotis Gay, Mary Gay, Nick Barrera, James Mc Cauley, Penny Garcia,
Rudy Garcia, Ed Matuszak, Roy Myers, Aubrey Spears, Jim Taylor, Paul Anson and a
number of citizens.
2. Reverend, David Cochran of Fields of Harvest church delivered the invocation.
3. Council considered approving the minutes of the Special Called Meeting and Public
Hearing on May 8, 2001.
Motion was made by Councilperson Young to approve the minutes of the Special Called
Meeting and Public Hearing_on May 8, 2001 as presented. Second by Councilperson
Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren ,Young, Clarke, and Malone.
Nays: None
Abstain: None
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
The following citizens addressed City Council:
Penny Garcia, 3110 Oaken Ln., La Porte, Texas presented council with a petition
regarding the noise caused by a skateboard ramp located at Fairmont Park Baptist. Ms.
Garcia wants the City to help find a solution to the loud noise coming from the
skateboard area.
• •
City Council Minutes -Page 2
Ed. Matuszak, 10443 Catlett Ln., La Porte, Texas also addressed the noise nuisance from
the skateboard ramp, and requested that the City of La Porte assist in finding a solution in
addition to researching the Code of Ordinances for current regulations regarding this
matter.
Jim Taylor, 11726 Bexar, La Porte, Texas informed Council he disagreed with a letter he
received from one of the candidates running for the At Large Position A. He felt the
letter was inappropriate.
5. PRESENTATIONS
Deotis Gay was presented with a plaque for twenty years of dedicated public service as a
Councilman in District 4.
Robert Mead was presented with a plaque for Employee of the Quarter -January,
February, & March 2001.
6. Council considered adopting an ordinance amending the City's Drug and Alcohol Policy.
Director of Human Resources Louis Rigby presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-1708-A - AN ORDINANCE AMENDING
ORDINANCE 1708, AN ORDINANCE MAKING FINDINGS OF FACT OF THE
EFFECTS OF SUBSTANCE ABUSE; ADOPTING A DRUG AND ALCOHOL ABUSE
POLICY AND PROCEDiJRES FOR THE CITY OF LA PORTS; CONTAINING A
REPEALING CLAUSE AND A SEVERBILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE
HEREOF.
Motion was made by Council~erson Clarke to approve Ordinance 2001-1708A as
presented by Mr. Ri~by. Second by Councilperson Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None
7. Council considered approving an ordinance authorizing the extension of a Water Service
Agreement with Rohm and Haas Company, Bayport Plant.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2491 - AN ORDINANCE APPROVING AND
AUTHORIZING A RENEWAL AND EXTENSION OF THE WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTS AND ROHM AND HAAS
COMPANY, BAYPORT PLANT, FOR A TERM BEGINNING FEBRUARY 12, 2001
AND EXPIRING DECEMBER 31,2007; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING FOR AN EFFECTNE DATE HEREOF.
•
City Council Minutes - 5-21-01 -Page 3
Motion was made by Councilperson Ebow to approve Ordinances 2001-2491 as
presented by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None.
8. Consent Agenda
A. Consider awarding annual mowing contract to K&K Tractor Service - D.
Kneupper
B. Consider awarding annual contract for fly ash stabilized calcium sulfate GS-200
to Gulf States Materials- S. Gillett
C. Consider awarding bid for plastic garbage bags to Dyna-Pak Corporation - S.
Gillett
Councilperson Engelken made a motion to vote on all Consent Agenda items to eg ther
and approve items presented. Second by Councilperson Clarke . The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: None
9. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. May 28, 2001 -City Council Meeting cancelled
B. May 28, 2001 -City observes Memorial Day Holiday
C. Early Voting ends May 29, 2001
D. June 5, 2001 -Special Called City Council Meeting to canvass Run- Off Election
10. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and
Malone brought items to Council's attention.
11. 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)
•
City Council Minutes - 5-21-01 -Page 4
There were no items for Executive Session.
12 CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Due to no Executive Session, there was no action taken.
13. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:20 P.M.
Respectfully submitted,
~~j~ ~~
~_ I~G~~'~' l
Martha Gillett
City Secretary
Passed and approved on this 5~' day of June, 2001.
!ry- ~~'
~;~%~~%~
orman~alone, Mayor
City of La Port
Administrative Services Department
Human Resources Division
Interoffice Memorandum
May 15, 2001
To: Martha Gillett, City Secretary
From: Lorie Doughty, Human Resources Manager
Subject: Council Agenda Item Request, May 21, 2001
Employee of the Quarter:January, February 8~ March 2001
Please include an Employee of the Quarter for the 1~ Quarter of 2001 presentation on
the Agenda for the Council Meeting scheduled on May 21, 2001. The award will be
presented to:
Rob Mead
Rob Mead, Assistant to RFC Coordinator in the Parks and Recreation Department has
been chosen as the Employee of the Quarter for January, February & March of 2001.
Rob has been employed with the City for over 3 years as a full-time employee. He
started working for the City in the summers as a lifeguard and head-lifeguard. In
October of 1997 Rob started as a Fitness Center Specialist at the Fitness Center and in
April of 2001 received a promotion to Assistant RFC Coordinator.
Rob's supervisor, Scott Bradley has noted that Rob has a great work ethic and his
overall attitude is exceptional. His fun-loving personality allows him to interact with the
members with care and concern. One example of Rob's concern for citizens: a member
of the Senior Citizens Group was hospitalized with a stroke and Rob initiated a group of
employees to send aget-well card and also visit him in the hospital.
Rob accepts all work assignments that are delegated to him in a cheerful manner and
would never leave the Fitness Center in a bind regarding the appropriate staffing levels.
We are proud to announce Rob Mead as the Employee of the Quarter for 1 ~ Quarter of
2001.
Congratulations Rob, on a Job Well Done!
c: Stephen Barr
Scott Bradley
Louis Rigby
• •
ORDINANCE NO. 2001-1708-A
AN ORDINANCE AMENDING ORDINANCE 1708, AN ORDINANCE MAKING FINDINGS
OF FACT OF THE EFFECTS OF SUBSTANCE ABUSE; ADOPTING A DRUG AND
ALCOHOL ABUSE POLICY AND PROCEDURES FOR THE CITY OF LA PORTE;
CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
repeals Section V, Paragraph C, of the Drug and Alcohol Abuse
Program Procedures. Section V, Paragraph C, states that "Any
employee who is administered for the first time a biological test
that shows positive will be allowed a one-time opportunity to enter
and complete a City approved rehabilitation maintenance program.
Failure to enter or complete the program will result in discharge
or disbarment from the workplace."
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
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. This Ordinance shall be effective on July 1, 2001.
PASSED AND APPROVED, this 21st day of May, 2001.
CITY OF LA PORTE
By:
N rman L. Ma on ayor
ORDINANCE NO. 2001-1708-A
ATTEST:
.y
Marth A. Gillett
City Secretary
APPRO D:
G~7/ /
Knox W. A kins
City Attorney
•
PAGE 2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: May 21, 2 1
Requested By: Doug Kneuppe
Department: Planning
Report: -Resolution: -Ordinance: X
Exhibits:
Ordinance (Rohm and Haas Water Service)
Water Service Agreement Extension
Original Water Service Agreement
Appropriation
Source of finds: N/A
Account Number
Amount Budgeted:
Amount Requested
Budgeted Item: YES NO
5ummar_y and Recommendation
On February 12, 1996, City Council approved a Water Service Agreement with Rohm and Haas
Company, Bayport Plant. Water service did not actually occur until January 31, 1997. The
original Agreement was for afive-year period and was based on a total of 135 on -site employees.
This calculated to an average daily demand of 6,750 gallons per day and an average monthly
demand of 205,875 gallons.
With the recent purchase of an additional 3.5 million gallons per day of treated water at the
Southeast Water Purification Plant, the City is able to continue supplying potable water outside
the City limits. It is recommended that the Water Service Agreement between the City and
Rohm and Haas be renewed with the new expiration date tied to the expiration of the new
Industrial District Agreements. This will cause the new Water Service Agreement to have
effective dates beginning February 12, 2001 and ending December 31, 2007. As with the
original Water Service Agreement, this one shall automatically expire if there is no effective
Industrial District Agreement between the City and Rohm and Haas.
Action Required by Council:
Consider approval of an ordinance authorizing the extension of a Water Service Agreement with
Rohm and Haas Company, Bayport Plant.
Approved for City Council Agenda
,~,r a
Robe errera, City Manager Date
•
ORDINANCE NO. 2001- ~, ~ J
AN ORDINANCE APPROVING AND AUTHORIZING A RENEWAL AND EXTENSION OF THE
WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTS AND ROHM AND HAAS
COMPANY, BAYPORT PLANT, FOR A TERM BEGINNING FEBRUARY 12, 2001 AND EXPIRING
DECEMBER 31, 2007; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
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 Mayor 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.
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 bylaw 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 3. This ordinance shall be effective from and after its passage and approval,
and it is so ordered.
~~ '~ •
Ordinance 2001 ~ '
Page 2
PASSED AND APPROVED, this 21 n day of May, 2001.
CITY OF LA PORTS
By: ~---
Norman L. Malo
Mayor
ATTEST:
~~ ~ .
Ma a A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
i •
WATER SERVICE AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This agreement made and entered into by and between the City of La Porte, a municipal
corporation of Hams County, Texas, herein called "City", and Rohm and Haas Company, Bayport
Plant, a corporation hereinafter called "Company".
That certain water service agreement between the parties, dated February 12, 1996, is
hereby renewed and extended by agreement of the parties, for a term commencing on February
12, 2001, and expiring on December 31, 2007, upon the terms and provisions of the prior water
service agreement between the parties.
Entered into effective the 21 °~ day of May, 2001.
ROHM AND HAAS COMPANY, BAYPORT PLANT
By. 'C~ IM~
Name: (please print) S ~ P ~ ~ ~ YYl .~ o ~ ~ ~ ~ ~ ~
Title: ~ ~ ~ ~'~ ~ ~ ~S ~_'!
Address: l 3 3 o ti ~~ y ~-~ ~ ~ ~~ .
~~ ~oY~ Tx ~~ s~ 1
CITY OF LA PO TE
By: ~-.-~
or an L. Malone, Mayor
ATTEST:
Martha A. Gillett
City Secretary
APP VED AS TO FORM:
~,
^-~
Knox W. Askins
City Attorney
•
Memo
To: Mayor and City Council
From: Doug Kneupper, Planning Directo
CC: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
Date: May 21, 2001
Re: Rohm and Haas, Water Service Agreement
The attached information, original Water Service Agreement with Rohm and Haas,
was inadvertently omitted from your agenda material. Please include this information
with item No. 7 regarding a water service agreement with Rohm and Haas.
• Page 1
•
STATE OF TEXAS §
COUNTY OF HARRIS §
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS,
a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Rohm and
Haas Company, Bayport Plant, a corporation, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the, CITY. CITY and COMPANY
are parties to a current Industrial District Agreement. CITY and COMPANY have entered into
a "Utility Extension Agreement" of even date herewith which provides for the extension of
CITY'S potable water to COMPANY'S,.,property.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human
domestic consumption and uses, and not for use for industrial processes of any kind. Previous
planning considerations for the long range potable water supply of CITY did not include the
needs of property located outside the city limits of CITY. COMPANY recognizes that CITY
cannot at this time provide permanent and unlimited water service as requested. CITY agrees,
however, to provide limited potable water service to COMPANY. For and in consideration of
furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III. •
COMPANY has made the following representations to CITY as to its number of
employees, as of the date of this agreement, upon which representations CITY has relied in
entering into this Agreement.
Number of Employees on-site 100
Number of Contract Employees 35
Total on-site
135
IV.
CITY has determined that adequate facilities are available to CITY to furnish potable
water to COMPANY based on the following terms and conditions, to-wit:
(A) Payment to CITY of a one time administrative connection charge of 13 500.
(B) The average daily demand is established at 6.750 gallons per day.
This number is based on an average of fifty (50) gallons per employee per day
established by CITY.
(C) The average monthly demand of 205.875 gallons is established by
multiplying the average daily demand by a factor of 30.5, which shall be used to
facilitate service billings.
(D) The cost of water up to the average monthly demand of 205.875 gallons
shall be one hundred fifty percent (150%) of the CITY'S current-rate as
established from time to time for commercial customers inside its corporate
limits.
(E) The cost of water for amounts used in excess of the established average monthly
demand shall be two hundred percent (200%) of the CITY'S current rate as
established from time to time for commercial customers inside its corporate
limits.
(F) Nothing contained in this Agreement shall obligate CITY to furnish more than the
avera a month demand of 205 875 allons.•Re Bated consum tions
_ g Y g P P
greater than the established average monthly demand may result in termination
of service.
(G) CITY shall have the right to interrupt or temporarily suspend said water service
to COMPANY if an emergency arises and there is not an adequate water supply
to meet the needs of the citizens of La Porte.
(H) CITY reserves the right to enforce its drought contingency plan on all water
customers at CITY'S sole discretion.
(I) The total cost for the engineering design and construction of the potable water
main will be the responsibility of COMPANY.
(n COMPANY agrees that it shall be bound by all applicable ordinances of CITY,
relative to the furnishing of potable water to customers within the corporate limits
of CITY.
(K) All plumbing installed by COMPANY connected to the domestic water line from
CITY, shall meet all applicable State of Texas and CITY plumbing code
requirements. CITY'S engineering and code enforcement personnel shall have
the right of prior review and approval of COMPANY'S plans and specifications
for the plumbing system(s). CITY plumbing inspectors shall have the right to
inspect any and all work related to the furnishing of potable water to
COMPANY.
(L) A reduced pressure zone backflow preventer shall be installed and maintained by
COMPANY to protect CITY from any possible cross-connections.
(M) The potable water supply system will be segregated from any existing and future
COMPANY fire protection system.
(N) There shall be no resale of the water provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
•
V.
All expenses of the installation of the meter; service lines from the main to the meter;
and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY shall have final authority over size, location, materials, and other engineering
matters concerning the extension of water mains to COMPANY'S property. These matters are
the subject of a Utility Extension Agreement between the parties, of even date herewith. CITY
will have ownership and maintenance responsibility for its water mains, up to COMPANY'S
water meter. In the event the Harris County license, permit, or permission to install the water
main is revoked, or relocation or adjustment is required, CITY will not be responsible for the
expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities, and to observe compliance with the terms and conditions of this
Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S
facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of
any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct
defects within ten (10) days may result in termination of Agreement. CITY shall have the right
to summarily correct, at COMPANY's expense, any defect or deficiency, when in its opinion
the integrity of the public water supply is threatened.
• IX.
12th. day of Feb~'uax'y 1996.
Upon receipt of written notice of termination, COMPANY shall have up to six (6)
months to prepare for transition to another water supply. If the transition is not complete within
said six month period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and a Utility Extension Agreement of even date herewith, and the terms and
provisions of the Industrial District Agreement between the parties, the terms and provisions of
the Water Service Agreement and the Utility Extension Agreement shall control, to the extent
of such conflict. The term of this Agreement shall be for five years plus any renewals and
extensions thereof. However, this Agreement shall automatically expire at such time as there
is no effective Industrial District Agreement between the parties or if CITY exercises its right
of termination.
ENTERED INTO effective the
ATTEST:
City Secretary Sue Lenes~
•
Rohm and Haas Company, Bayport Plant
Company
By: ~.~
Name: Donald K. Neman
Title: Environmental Manager
Address:__ 13300 Bav Area Boulevard
La Porte. Texas 77571
CITY OF LA PORTE
By:
Nor L. Malone
Mayor
~~
C
APPRQYED: ; j~
Knox W. Askins Robert T. Herrera
City Attorney
City of La Porte
PO Box 1218
]:,a Porte, TX 77572-1218
City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-1886
Fax: (713) 471-2047
Phone: (713) 471-5020
Fax: (713) 471-7168
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma 21 2001
Requested By:
Department:
Report: Resolution: Ordinance:
Exhibits: Bid Tabulation
Exhibits: Bidder's List
Exhibits:
Appropriation
Source of Funds: General Funds
Account Number: #001-9092-524-5007
Amount Budgeted: 525,000.00
Amount Requested: $2~O.Oo
Budgeted Item: ~ES NO
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0831 -Annual Mowing Contract were opened and read on Apri130, 2001. Bid requests
were mailed to eight (8) vendors with four (4) returning bids.
K & K Tractor Service submitted the low bid. The bid submitted by K & K Tractor Service represents similar lot
mowing charges and a slight decrease on the mowing charge for acreage and residential home sites. The City's
previous mowing contractor, Sentell Lawn Maintenance, was unable to continue providing service with the death of
Mr. Sentell.
Inspection Services Division estimates spending approximately $20,000.00 out of their budget.
Staff recommends award of the mowing contract to K & K Tractor Service. Sufficient funds have been budgeted in
departmental accounts for this item.
Action Required 6y Council:
Award Bid #0831 -Annual Mowing Contract to K & K Tractor Service.
Approved for City Council Agenda
Ro .Her era, City Manager Date
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BIDDER'S LIST
SEALED BID #0831
ANNUAL MOWING CONTRACT -REBID
CARDENAS YARD MAINTENACE
10937 PECAN DR.
LA PORTS, TX 77571
F. C. INDUSTRIAL & MARINE REPAIR SERVICE
PO BOX 1573
LA PORTS, TX 77572-1573
HUMPHREY MAINTENANCE
14fl8 W. MAIN
L4 PORTS, TX 77571
K & K TRACTCJR SERVICE
3012 RANDOLPH RD.
PASADENA, TX 77503
CHAMBER OF COMMERCE
PO BOX 996
LA PORTS, TX 77572-0996
EXTERIOR DESIGN 8s MAINTENANCE
798 HOLMES RD.
HOUSTON, TX 77045
FRAZIER $ COMPANY
3218 WINDY ROYAL
HOUSTON, TX 77045
SHERNIAN HERBERT
PO BOX 127
!.A PORTS, TX 77571
LYNN W. BRASHER
318 AVENUE B
SOUTH HOUSTON, TX 77587
BAYSHORE SUN PUBLISH DATES:
APRIl.15, 2001
APRIL 22, 2Q01
# ~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma 21 2001
Requested By: S. Gillett
Department: Public Works
Report: XX Resolution: Ordinance:
Exhibits: Bid Tabulation and Bidder's List
Exhibits:
Appropriation
Source of Funds: Streets
Account Number: 001-7071-531-4015
Amount Budgeted: X155,000
Amount Requested: $34,025
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
Sealed bid # 0830 -Fly Ash Stabilized Calcium Sulfate GS-200 were opened on May 7, 2001.
GS-200 is used by the street and utility divisions to construct and repair flexible based
pavements and as utility bedding.
Bid requests were sent to three (3) vendors, with one (1)-returning a bid. Gulf States Materials
submitted the only bid, and are the only known supplier in our area. The price quotes is the same
as their last bid in 1999. Using estimated annual quantities, the total annual cost would be
$34,025.
Action Required by Council: Award annual contract for Fly Ash Stabilized Calcium Sulfate
GS-200 to Gulf States Materials at an annual estimated cost of $34,025.
Approved for City Council Agenda
Robe errera, City Manager Date
•
B/D TABULATION - BlD #0830
FLYASH STABLIZED CALCIUM SULGATE GS-200
DESCRIPTION
QTY GULF STATES
MATERIALS
1. GS-200 -Picked up 2,500 $9.15
Item #1 Total $22,875.00
2. GS-200 -Delivered 1,000 $11.15
Item #2 Total $11,150.00
Grand Total $34,025.00
BIDDER'S LIST
FLY ASH STABILIZED CALCIUM SULFATE (GS-200S)
SEALED BID #0830
BEDROCK MATERIALS, INC
312 G. BOB SMITH DR.
BAYTOWN, TX 77521
GULF STATES MATERIALS
P. O. BOX 1425
LA PORTS, TX 77572
BAYTOWN SAND & CLAY
P.O. BOX 850
MONT BELVIEU, TX 77580
BAYSHORE SUN PUBLISH DATES:
APRIL 22ND, 2001
APRIL 29'~", 2001
CHAMBER OF COMMERCE
P. O. BOX 996
LA PORTS, TX 77572-0996
• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma 21 2001
Requested By: S. Gillett
Department: Public Works
Report: XX Resolution: Ordinance:
Exhibits: Bid Tabulation and Bidders List
Exhibits:
Exhibits:
Appropriation
Source of Funds: Solid Waste
Account Number: 001-7072-532-2015
Amount Budgeted: X120,150
Amount Requested: $71,820
Budgeted Item: YES
SUMMARY & RECOMMENDATION
Sealed bid #0833 -Garbage Bags were opened on May 11, 2001. Bids were solicited for
140,000 pounds of plastic garbage bags for the semi-annual handout scheduled for August 6th.
Bids were sent to five vendors, with three returning bids and one no bid. Low bid was submitted
by Dyna-Pak Corporation in the amount of $0.513 per pound, or a total cost of $71,820. This
represents a 16% increase over the last purchase in November 2000 ($0.4429/lb or $70,864.00
for 160,000 lbs). H-GAC's current price is $0.620 per pound, or $86,800.
The proposed purchase exceeds the current budgeted amount by $23,354, due to the recent
increase in oil prices, which directly affect the price of plastic. The additional funding is
available in the budget for landfill disposal, with the additional available due to lower-than-
projected disposal rates and increased diversion of trash to the composting program.
Action Required by Council: Award bid for plastic garbage bags to Dyna-Pak Corporation in the
amount of $0.513 per pound, for a total cost of $71,820.
Approved for City Council Agenda
Robert rr ,City Manager Date
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BIDDER'S LIST
SEALED BID #833
•
PLASTIC GARBAGE BAGS
ARROW INDUSTRIES
PO BOX 810489
DALLAS TX 75381
BEMIS COMPANY
PO BOX 905
TERRE HAUTE IN 47808-0905
DYAN-PAK CORPORATION
PO BOX 967
LAWRENCEBURG TX 38464
RESOURCEFUL BAG 8~ TAG
6420 WEST 127T" STREET
PALOS HEIGHTS IL 60463-2248
BAYSHORE PUBLISH DATES:
JONES PACKAGING INC
505 EAST TRAVIS SUITE 205
MARSHALL TX 75670
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
APRIL 25, 2001
MAY 2, 2001
TO: LaPorte City Council
FROM: Penny Garcia, 3110 Oaken Lane, La Porte (representing the 6 Oaken Lane homeowners)
SUBJECT: Disraptive noises from skateboarding ramps, bicycle park, and paper recycling and
garbage dumpsters
DATE: May 21, 2001
Our GRIEVANCES regarding Fairmont Park Baptist Charch's programs:
1. #1 complaint =the repetitive noise created from the use of the 3 large plywood skateboarding
ramps in the church's parking lot in our secluded and once quiet neighborhood,
2. the ramp policing we must do, i.e. Homing children off the ramps and/or reporting the use of the ramp
during unsupervised hours to the police,
3. the anticipated noise from the large, fenced bicycle recreation area (This large playground will be filled
with tons of donated dirt as soon as the church has the funds to transport it.)
4. inadecLuate drainage and flooding caused by the dirt in the bicycle park raising the level above our lots
5. the aesthetics diminished in our section by the unsightliness of the ramps and the fenced-in dirt
playground,
6. the gaper recwcling and gargage dun?nters' positions and noise during their pickups between
4:00-4:30 a.m. (The paper dumpster is 15 yds. from the homeowners' fenced side.), and
7. the de valuation of our homes & the difficulty attractingprospective hovers because of the
aforementioned complaints.
Grievance 1-On Tuesday and Friday nights from 6:00-8:30 p.m, the skateboarders' rolling, iumping,
harning, and pouncing on the wood creates disruptive and di. 'nE noises. Sounds lrlce a crew working
on our roofs, beating drums, low rumbles, loud thumping, and small bombs. Hours and nights to increase
during summer months. Moving the ramps, boarding in the back & sides, or insulation does not eliminate
the disturbing noise.
Communication with church since January: in person, by phone, and by certified letters (Apri12~
(I have kept a log of all communication.)
Our other efforts before you:
(1) May 1-Debbie Wilmore, the Chief Building Official, sent us to you.
(2) May 15 Fairmont Park Homes Association. Sent us to you.
Motives for buying homes kn Section IV, bat have no more:
1. Peacefulness
2. Privacy
3. Seclusion
4. Exclusiveness
Solutions:
1. Remove the ramps from the church parking lot.
2. Remove their large fenced bicycle dirt park (now adjacent to the Garcias' and the Pizzitolas' yards)
OR require that park be moved closer to Farrington.
3. Re-locate dumpsters, change times of pick-up to later hours, OR remove them.
why:
1. Our investments in our homes (in the hundreds of thousands of dollars) outweigh the youth's noisy
activities.
2. Restore our neighborhood's privacy & peacefulness.
3. Restore the beauty to our neighborhood
4. Restore the value of our homes.
Thank you.
• •
TO: La Porte City Council
FROM: Peony Garcia, 3110 Oaken Lane, La Porte (representing the 6 Oaken Lane homeowners)
SUBJECT: Disruptive noises from skateboarding ramps, bicycle park, and paper recycling and
garbage dumpsters
DATE: May 21, 2001
I am Penny Garcia, a homeowner in Fairmont Park Section IV, representing ail 6 homeowners on Oaken
Lane, which is directly behind Fairmont Park Baptist Church at Farrington and Belfast. Our backyards are
adjacent to the church's pazling lot, which has 3 large skat
park, which are the sources of our grievances. Section N is a~um~ ems' ~d its cewly-fenced bicycle
since it is the only non-track section, all homes built in ~ ~ of Fairmont Park subdivision
efforts to preserve our sari ~ dependent builders. Our grievances support our
ty, peacefiil neighborhood, and the value of our homes.
I have a petition signed by the Oaken Lane homeowners and other affected neighbors in Section N. I have
also brought photos.
Our grievances regarding Fairmont Park Baptist Church's programs are the following:
1. #1 complaint =the repetitive noise created from the use of the 3 large plywood skateboarding
ramps in the church's parking lot in our secluded and once quiet neighborhood,
2. the ramp policine we must ~, i. e. running children off the ramps and/or reporting the use of the ramp
during wnsupervised hours to the police,
3. the a~icipated noise from the large, fenced bicycle recreation area (This large playground will be filled
with tons of donated dirt as soon as the church has the funds to transport it.)
4• inadeaua~ drainage andand flood"e caused by the dirt in the bicycle Park raising the level above our lots
S. the aesthetics diminished in our section by the unsightliness of the ramps and the fenced-in dirt
playground,
6. the der recyclin¢ and garrage dunroters' positions and noise their cku
4:00-4.30 a.m. (The paper dumpster is 15 yds. from the homeow~nergs' fenced side.)between
7. the de-valuation of our homes & the difficulty attractive pzospectiv____e b~vers because of the
aforementioned complaints.
Grievance 1-For its youth ministry, the church built 3 lazge plywood skateboarding ramps (3 ft., 8ft., and
15ft.) on its parking lot. The noise is a major problem for not only the 6 Oaken Lane homeowners, but also
for others around and beyond Presently, on Tuesda and Fri
skateboarders' ro Y daY nights from 6:00-8:30 p.m., the
~, j~P~g, , and pouncing on the wood creates disruptive and disturbing
noises. These noises vary in intensity from sounding like a crew working on our roofs to beating drums to
low rumbles to loud thumping to small bombs. In addition, because the young people use the parking lot as
their activity area for bicycling and skatebo~anding, the Davis' new fence was damaged.
When school closes next week, the church plans to increase the number of nights and hours for its youth to
skateboard and use the fenced bicycling area. We are upset that we have no Peacefulness in our own
homes. Our homes are not our refuge anymore.
Representing my neighbors since January of this year, I have communicated with the church leaders
numerous times in person, by phone, and by certified letters to make our
the noise problem, have complaints lozown and to resolve
(I kept a log of all communiption.) The church has not responded or has
responded too slowly to our complaints.
Before the certified letters were mailed on April 27, I first asked the church to remove the ramps to restore
peace to our neighborhood When the church rejected that request with an unoom~omising "No," I then
asked the church to insulate all three ramps, enclose the backsides of the two open ramps, and re-locate the
ramps as efforts to eliminate the noise. The cost was the reason for their being unable to insulate the ramps
in a timely fashion.
~~)
By the end of March, the church's efforts included exchanging the positions of the 2 largest ramps and
boarding the backside and part of the sides of the largest ramp. However, the excessive noise was still not
reduced and continued to disturb our peace. -
Only after the certified letters from the Oaken Lane homeowners were mailed Apri127, did the church
begin to take serious action. In the letters, we asked that the ramps be shut down until all 3 ramps were
insulated and the noise level significantly reduced. However, the church refused that reasonable request.
Finally, in May the church insulated with carpet remnants the underneath side of the largest ramp.
However, the noise was insignificantly reduced, and we still had to contend with the noise from the other
two ramps. Last week, remnant carpet pieces were attached to the underneath side of the medium ramp;
however, the carpet has not muffied the thumping from the skateboarders' jumping on the wooden boards.
Insulation, unfortunately, will not resolve the noise problem.
We have made other efforts to have the ramps removed before our asking for your help:
(1) May 1, I met with Debbie Wilmore, the Chief Building Official, who recommended I speak with you
since no city codes have been violated.
(2) May 15, my husband Rudy and I met with Fairmont Park Homes Association, who also recommended
I speak with you. It appears the church is exempt from the homeowners' rules.
We are unnerved every Tuesday and Friday night. Our evenings are supposed to be our quiet time and our
chance for solitude and relaxation from a hard day's work That has not been possible since the ramps have
been in use. We are unable to complete arty productive activity or relax, such as grading papers or reading
Even the television cannot mask the continuous thumping from the rungs. I already have anxiety about my
upcoming summer vacation months (I am a high school English teacher.) because the children will be
skateboarding longer hours and more nights a week.
The homeowners are fivstrated, annoyed, and unnerved by the noises, and this grievance has still not been
resolved after 5 months of our efforts. Asking us to re-locate ourselves for peace and quiet every time the
ramps are used is unfair.
Grievance 2-We are constantly policing tbe use of the ramps during unsupervised hours. Because of the
ramps' exposure, boys are easily tempted, therefore they bicycle and/or skate on the ramps even though
there are chains across the 2 largest ramps. We either ask the boys to leave or call the police.
Grievances 3, 4, S--Another concern of ours is the ~mfinished bicycle dirt park. (1) Excessive noise will
result when the park is complete and in use. The church has 200 active youth in their program
(2) Flooding and drainage problems will result when the tons of dirt are dumped inside the fence (The
mounds will begin 25 ft. from our fences, and the rest of tbe area will be filled with dirt 6-10 ft. high.).
(3) Also, the playground is used for storage of odds & ends, therefore looks aesthetically unattractive.
Grievance 6-Regarding the position of the church's paper recycling and garbage dumpsters in the church
parking lot: the truck's backup and dumping noises during pickup between 4:00-4:30 am on weekdays
disrupt our sleep.
I was the 2nd homeowner in Sechion N whey I bought the home in 1979. I have enjoyed peace and quiet
for over 21 years. The attractions for all of us buying in this section were for its exclusiveness, seclusion,
privacy, and peacefulness, which have been drastically altered since the church has implemented its
outdoor youth recreation program and has begun its paper recycling program.
We are asking for your support to find a way to have the ramps removed from the church parking lot and
have their large fenced bicycle dirt park (now adjacent to the Garcias' and the Pizzitolas' yards) moved
closer to Farrington or removed altogether. From our point of view, we believe our investmerrts in our
homes (in the hundreds of thousands of dollars) far outweigh the youth's noisy entertainment, which is at
the expense of our privacy. Our privacy has been violated, the aesthetics of our neighborhood has been
diminished, and we are concerned about the value of our homes and finding prospective buyers.
Thank you.
~Y
•
April 25, 2001
ATTN: Aubrey Spears
Fairmont Park Baptist Churdi
10401 Belfast
La Porte TX 77571
Dear Aubrey,
~~Py
Thank you for meeting with me again ar Tuesday, Apri124, 2001. I neglected expressing my gratitude for
the steps you have attempted to make the ramps' noises more bearable from the Oaken Lane side. Thank
you for moving the large ramp, putting plywood on the large ramp, and trying the Styrofoam. And I was
comforted that you were investigating the spray-on insulation. Your efforts aze appreciated. Thank you
again.
I was disappointed that you quickly said "No" to my request that the use of the ramps be shutdown until
insulation is installed in all three ramps. The Oaken Lane homeowners have been inconvenienced for quite
some time. I can trace back to my initial discontent that I expressed to Dan Chapel in January 2001. Since
I did not receive any feedback, the process has been long and frustrating for us. As I shared with you
yesterday, our homes are not our refuge, and it's sad that we are in the positiar to find a quiet place away
from bonne ar Tuesdays and Fridays or to turn the TV/stereo/radio volume high enough to mask the noises.
All of our relaxatiar rooms in our homes (bedrooms and living rooms) are located ar the east side of our
homes, which is the side closest to your ramps.
I hope you will reconsider the option of shutting down the ramps until insulation is installed. From our
perspective, our investments in our homes far outweighs the ramps and their use.
The letter that is attached is are that the residents of Oaken Lane composed a month ago to inform you
officially of the disruptive noises from the ramps and bicyclers for us. I postponed mailing the letter in
hopes that a resolution would be found mare quickly. Because everyone supported sending the letter, it is
my duty to mail it to you now since the noises are still a problem. The letter expresses many of our feelings
that I have not adequately shared in our meetings or phare conversations. I fitlly recognize that we are at
your mercy, and because of that I urge you to put yourself in our places.
Aubrey, I am asking that you not extend the hours a number of days that the ramps are used until the
insulation is installed. I, personally, have reached my limit for escaping my own home.
I hope that you will keep me informed and will contact me in the near future about the spray insulation for
all three ramps and the cost factor. I also hope that you will ask the skateboarders to ask for their paze~s'
financial support towards their playground. I offer my assistance to help write the letter to the
skateboarders' parents asking for their financial support toward the insulatiar cost.
I still want us to work together to find a workable solution as soon as possible. I strongly believe in
effective and harest communication and working together to resolve a carflid.
Please do not hesitate to call meat 281-471-4541 to clarify any issues. Thank you again for your support in
this matter.
Sincerel ,
Penny azcia
3110 an Lane
La Port TX 77571 24
Enclosure
t. ~f • • ^`
TO: Fairmont Park Baptist Church
Aubrey Spears, Wayne Spears, Dan Chapei, and Deacons
FROM: Homeowners on Oaken Lane, La Porte TX (listed on second page)
SUBJECT: Disturbing noise from skateboarding ramps & request for insulation and/or removal;
Noise/possible damage from dirt-ramp bicycling in fenced area ~ request for
relocation
DATE: March 25, 2001 [mailed certi5ed 4-27-01]
Sadly, the homeowners on Oaken Lane were not considered nor consulted about constructing the
recreational facilities in the church parking lot, which directly adjoins our backyards and is in the
large fenced space adjacent to the Garcia and Pizzitola property. We are concerned that you did
not consider the playground noise or interference that has been created on ow once private and
quiet street. Penny Garcia notified Dan Chapel in January 2001 of ow concerns.
We are opposed to the disruptive and distwbing noises created by the three skateboard ramps on
yow parking lot. These annoying sounds are similar to a crew working on our roofs nonstop, to
beating drums, to rumbles, to loud thumping, to sma}1 bombs, to thunderstorms, etc. Dan Chapel
Matheson, and Aubrey Spears have been invited to the Garcias' home to hear what we hear on
skateboarding nights. Eric Matheson visited the Garcia home on February 20 of this year, and he
can vouch for the unrealistic noises we have to endure.
In addition, the hours for skateboarding on Tuesday and Friday nights have been extended longer
each week, usually until 8:30 p.m. In addition, Penny Garcia has been informed by Aubrey
Spears that the number of nights and Length of time for skateboarding (and eventually for
bicycling on the dirt ramps) will be increased during the summer 2001. We are requesting that
the skateboarding be discontinued until the insulation has been installed and/or the noise is no
longer distwbing.
Presently, the skateboarding ramp noises make it impossible to have any quiet time and
productivity in the evenings. Reading, relaxing, concentrating, grading papers, napping, etc. are
not options. Not even the television can mask the skateboarding racket; therefore, we have no
escape in ow homes from the clamor. Stress and anger are the only resuhs. Imagine your truing
to conduct any form of a worship service or serious activity while these noises are continuously
interfering with yow efforts.
You may be unaware that several times a week, young people are bicycling on the ramps and/or
skateboarding on the smallest ramp after school, on weelends, and in the early bows of the
morning without your supervision. Children even run up and down the ramps unsupervised at all
hours. Therefore, we have the responsibility to ask the intruders to leave and/or call the police so
that we may have peace and quiet. Even the Davis' fence has been damaged by a young person
on his bicycle using the chwch parking lot as a playground. The exposed and unmonitored ramps
are temptations to the avid young bicyclers and skateboarders.
We gratefully acknowledge that Eric Masterson and Aubrey Spears were supportive after Penny
Garcia expressed ow concerns to them. Moreover, we appreciate their attempts to lessen the
noise, i.e. reversing the large and medium ramps' locations and adding plywood to the back of the
largest ramp. Thank you. Unfortunately, those efforts have not significantly lessened the noise
• .
for us to experience evening peace. When you insulate all three ramps, we hope that the noise
will no longer be a disturbance in our homes.
Also, the newly-fenced area for bicycling, which uses the Garcias' and Pizzitolas' fences as your
fourth side, will also disturb our peace when the project is complete because the number of young
people using it will far exceed the normal level of noise made by backyard neighbors.
Our first request is not to use all three skateboard ramps until the insulation has been installed. If
the insulation does not significantly alter the skateboarding noises, we ask that the ramps be
permanently removed from the parking lot so that peace may be restored to our secluded and
formerly peaceful neighborhood. Also, please relocate the fenced bicycling area to the north of
your activity building, using the ditch's fence as your fourth side, therefore, allowing more space
between us and the children's noise.
We do support organized activity for youth, but not at the expense of others' privacy in then
homes. Please put yourselves in our positions as well as in our homes; we are appealing to your
integrity and to your cooperation. We want this resolved soon:
We are requesting a meeting with Wayne Spears, Aubrey Spears, Dan Chapel, and the deacons as
soon as possible. Please contact Penny Garcia at 281=471-4541 after 3:30 p.m. on weekdays.
Before 3:30 p.m., a message can be left at 281-930-4868 (Deer Park High School), and your
message will be returned during Penny's conference period.
Mike and Joy Pizzitola Jam and J
3102 O ane -' 3118 en
Rudy a d Penny Garcia Clara Ogburn
31 I O O en Lane 3210 Oaken L
Davis
Frank and Debbie Klein Rusty Hale
3114 Oaken Lane 3214 Oaken Lane
~~ • •
Penny Garcia
3110 Oaken Lane
La Porte TX 77571-4224
281-471,4541
Penny Garcia's Commanication with Fairmont Park Baptist Church (FPBC)
Re: RAMPS/Bicycle Park
Jaeaary ? 2001- told Dan Chapel about the disturbing noise from the skateboarding ramps
Tues., Feb. 13, 2001-tried to tail Dan Chapel (no answer) to invite him over to listen to. the noise from
the skateboarding ramps
Wed., Feb. 14, 2001(4:45 p.m.}--Had unscheduled meeting with Dan Chapel at Fairmont Park Baptist
Church, La Porte about the following concerns: (Dan acknowledged Alice told him my number was on his
caller 1D Tues., but he fell asleep.)
1. Noise from the skateboarding ramps
a. Like working on our roof, drum, rumbles, thumping, small bombs
b. Noisy from the back of the ramp, which is facing our house •
c. TV cannot cover up the thumps
d. Dread Tues. & Fri. nights; can't relax
e. Had called him Tues., Feb. 13 p.m. to come over to hear noise
f. Invited Dan over- Fri., Feb. 16 to listen (Dan indicated he'd be over Fri., but he did not show.)
Suggestions I made:
1. Change the direction of the large ramp away from our house.
2. Insulate the underneath side of the ramp.
Dan thought sealing the backside if the ramps might lessen the noise. He will check with the builders
of the ramp. Also, when I inquired' about the danger of someone being hurt, Den assured me the
church had incxeased~their liability insurance. (Note: As of 429-01; Dan sever contacted me
regarding checking with the ramp boildera; moreover, when I met with Erk Masterson (builder
and chaperone on skateboarding nights) on Feb. 20, he did not even know that I bad complained
about the noise.)
2. Placement of the playgroand ak~ngaide oar fence
a. Expressed concern of the noise of a school of children (FPBC has 200 youth.)
b. Why placed so close to our home
c. Have lived in a quiet neighborhood for 21 years
d. I offered to meet with the deacons. No response from Dan on that offier.
e. I asked him to get back with me about solutions. He agreed. (Note: 4-30-01 Dan never.got back
with me. In fact, he bas avoided me except when I take the initiative to address hlm.)
Dan Chapel shared that
1. Aubrey Spears planned the playground.
2. The church used the Pizzitola and Garcia fence 1me to save major bucks.
3. The. church checked with Fairmont Pack Homeowners Assoc. for permission:
4. It is unlikely anything will~change, i.e. the ramps or bic3+cle park.
Fri., Feb. 16, 2001-Came home 7:30 p.m. Children still skateboarding unti18:30 p.m. on middle ramp.
Excessive rumbling and thumping (like drums beating): Totally unnerving. I: coald NOT read the . • .
newspaper or my book The Perfect Storm for my English IV curriculum.
Tues., Feb. 20, 2001(6:00 p.m.)'- I drove to FPBC to speak with Eric Masterson (a young layman who
built the ramps and supervises the skateboarders every Tues. and Fri. nights). I explained the disturbance
to all the neighbors on my side of the ramps and asked him to come to our home and listen to the noise
level. He did come over at 6:50 with Skippy, and they heard how noisy the echo is and agreed with us. He
• 2 ~ ~ ~ ''
compazed the noise to gunshots and was willing to find a way to lessen the noise, i.e. turning them another
direction, insulating them with indoor/outdoor carpet, moving them to the side or other side of the church.
He promised to try to find a way of resolving the problem. (Note: Eric did not know I had lodged noise
complaints with Dan.)
Wed., Mar. 7, 2001(4:00 p.m.}-inct with Aubrey Spears; who was supportive-about insulating the
ramps, closing them in, and making the use of the ramps neighbor friendly.
Note: Sommer activities will include more nights than Tues. & Fri.
Fri. nights from 6 ti119 p.m. (Tees. 6 ti118 p.m.)
Wed., Mar. 21, 2001(4:30 p.m.}-left message far Aubrey Spears at FPBC.
Tues., Mar. 27, 2001(10:00 a.m.) -called Aubrey Spears at FPBC to ask about timeline for installing
insulation. I clarified that the noise had reduced a little, but it was still a big disturbance. The styrofoam
has been boaght, he says. Plans are only to insulate the large ramp. He agreed to come over tonight to
listen to the noise. However, a downpour came. Peaceful night since the skateboarders could not use
ramps. HOORAY!
Snn., Apr.1(3:30 p.m) - 3 kids on ramps; I met Emory, the youth minister, who was supervising them
from my side of the fence. I explained about the disturbing noise. Emory asked for another hour for the
kids to skateboazd. I reluctantly agreed because I knew I could not stop them.
Tues., Apr. 3, 2001(5:00 p.m.) -Emory was supervising 2 kids on ramps. I inquired as well as expressed
how I could not get any peace. I told him that the hours for skateboarding were not uoti16:00 p.m., and he
said he arrived early and was letting the 2 boys skateboazd One of them was his little boy. They continued
to use the ramps.
Rudy bicycled to FPBC at 8:00 p.m. to ask about the timeframe for installing the insulation. Eric told
Rudy that 5nanees were the holdup snd that no insulation lied ban bought (Thy contradicts the
3-27-O1 statement from Aubrey. when bs said that t>,e styrotbam 4ad ban already purchased). Eric
also said they were unsiae whether to use styrofoam or aatpetia~g. Eric also admowledged that they:.
believed much noise was caning from the ~nallest iamp.. Regarding the bicycle ramps, Eric said they. were
waiting to bring in 700 truckloads of dirt.
Tnea., Apr. 10, 2001-gave finished petition letter to Pizzitolas fix' reading/signing.and passing down our
street.
Sat., Apr. 14, 2001(6:00-7:30 p.m.)_ Eric Masterson and 6 `Yriends" are using ramps. NOT a scheduled
night. I plan to call Aubrey next week to report the ramp use an an extra night and to ask about the time.
schedule for insulating the ramps.
Fri., Apr. 20, 2001(3:30 p.m) - I collected signatures for tad letter since the 1" one was misplaced at
Hales' home; then I called Aubrey at FPBC to schedule an appt. to request shutdown of ramps till
insulated. Aubrey is out of town.
Mon., Apr. 23, 2001(4:30 p.m.) - I left a message for Aubrey at.FPBC,requestiag emoting Tues. the
24th; Aubrey was in a meeting. He has a stafl'meeting every Tues. afternoon, which lasts from 1 to S
hours.
Tas., Apr. 24, 2001(4:00 p.m.) -Met with Aubrey in his office. Asked about timetable far. insulating all
ramps. He said they were on top of it, had tried styrofaam with no results; were going to try hay, but found
out it's highly combustible; were looking into spray insulation that sticks. Cost still a major factor. He will
call me by end of-week to update me. Insulation will possibly be done within the next 2 weeks. I asked .
him to let me know the cyst factor.
I asked if he would shut down the ramps till insulated. He said, "No."
i •
I asked him to contact parents of the participants, but he said those parents don't attend church and "don't
give a flip." I let him know that my home is no longer my refuge andthat I must find somewhere to go on
Tues. and Fri. to find-any peace, and I expressed how sad that is. He thanked me for my patience. I
thanked him for his cooperation.
Wed., Apr. 25, 2001-Wrote cover letter to Aubrey Spears for the Oaken Ln. petition lettex
Fri., Apr. 27, 2001(3:00 p.m.) -Mailed certified from the Deer Park Post Office: the cover letter to
Aubrey with the Oaken Ln. petition letter.
Sat., Apr. 28, 2001(6 p.m.) -Aubrey called; James Connelly is the construction man; NO headway on
insulation - no investigation of cost.
Sun.; Apr. 29, 2001.(6 p.m.) -Delivered copies of letters sent to FPBC to my neighbors and went to Ed &
Barbara Matuszak (10443 Catlett, 281-471=1988)
1. Asked about FPBC asking FPHA if it was OK to use our fence as their 4`~ side. The
Matuszaks informed me that the church never mentioned the fence.. The churdi only asked
for permission to build the ramps, and the home association didNOT give them permission.
FPHA told them to ask the neighbors. The c#iurch never asked us. ('Therefore, Dan Chapel
-and Aubrey Spears did not tell me the truth.)
2. The Matvszaks knew the noise would be a nuisance and aze also annoyed by it .when they go
outside. A lawsuit may be the only option for removal of ramps.
3. The MatusTaks suggested that our street residents attend and report our complaints to the
FPHA (meets 3'~ Tues. of each month;-next meetgig Tues., May 15, 2001). Ed unsure if the
deed restrictions apply to the church.
4. We discussed my talking with John Joernes about the legality of the ramps, if any codes have
been broken.
5. We discussed the Oakexi Lane resident's asking the La Porte City Council about the noise
factor, perha}~s even trying to~ change the ordinance to a specific decibel.
6. Walked Oaken Lane asking their attendance at-the May 15 FPHA meeting to voice our
concerns over the church's new playgrounds (only Pizzitolas and Devises at home; Samantha
left note for Kleins).
7. Discussed with Joeena Davis about askizig the City of La Porte-and FPHA the following:
(a) legality of ramps and bicycle park
(b) disruptive noises from the constant thumping on the ramps
(c) buildmg permit required for the structwes (ramps and bicycle park)
(d) fire hazard (aIl wood)
(e) ramps structurally unsound
(f) safety issue for children, regardless of their increased liability insurance
(g) exposurelteinptation of ramps in parking lot
(li) lawsuit support from FPHA
8. DISHONESTY Eram Dan Chapel and Aubrey Spears
(1) Dan & Aubrey said they got permission from FPHA to use our fence line; fair the
bicycle park That never occurred.
(2) The church asked fa permission from FPHA to build the ramps, and FPHA did NOT
give permission and told them to contact the neighbors, whidi never hat~oened.
(3) Aubrey told me March 2'1te that he had styrofoam insulation; but when Rudy checked
on the timeline for installing the insulation on April 3'~, Eric Masterson said no
insulation had been bought. Total e~iitradiction) .
9. I will make an appointment on Mon., Apr. 30 for this week with John Joemes with City of
La Porte about possible city code violations.
10. I will give copies of this log to my neighbors this week (Apri130-May 4, 2001) to keep them
informed.
Mon., Apr. 30, 2001 ~
1. 10 a.m. - I left a message at Joernes office at La Porte City Hall requesting an appointmcet to
discuss FPBC's skateboard ramps and bicycle park (legality, violations, our rights as homeowners, our
efforts since Jan. to get the church to correct the noise problem and move the bicycle park, etc.)
2. between 4:00 and 6:00 p.tn. -Aubrey Spears left a message on my recorder asking if he and Dan
Chapel may come to my home tomorrow night between 6:30 and 7:00 p.m. to listen to the skateboard
noise. I will welcome the visit.
3. 6:45 p.m. -Two young boys (6-7 yrs. old?) were playing on the largest ramp without any supervision.
No skateboards, they were climbing up and running down the ramp. (Safety?)
Dear Neighbors (Pizzitola, Klein, Davis, Ogbura, snd Hak families),
Will yon please mark your calendars to attend these meetings to show your support while.I share
our concerns and snd out our options regarding all of the above issues with the church's
playgrounds?
1. Tuesday, May 8 La Porte City Council meeting 6:00 p.m.; City Hall
2. Tuesday, May 15 Fairmont Park Homes Association meeting; FPBC
Your attendance will strengthen oar position ss a team sad will make our dissatisfaction
with the church's new playgrounds more memorable. I hope to see yon there. Thank yon.
Tues., May 1, 2001
(10:00 a.m.) - I left message with Susan for Aubrey Spears at FPBC,. welcoming Aubrey 8t Dan to our
hometonight between 6:30 and 7:00 p.m.
(4:50 p.m.) - Met with Debbie Wilmore, City of La Porte Chief Buildmg Official
Based on her expo tise, no code violations have been violated. Industrial poise is the: only ordinance in
place. She supported my suggestion that the homeowners m Oaken. Lane ask the LaPorte City Council to
make a new ordinance regarding the noise created from skateboarding ramps, an issue that has not been a
problem before since there have been no ramps:
I also learned from Alton Porter that the City Council restricted the traffic in Sea Breeze Park far the
homeowners around the park.
(FPBC should have consideraticn for, us as homeowners. Our investments in our homes are more valuable
than those skateboarders' entertainment.)
(6:30 p.m.) -Aubrey and Dan visited our home to hear what we must endure twice a week for. 2 '/: hours.
However, the noise was significantly less; fewer skaters since signed liability release forms were required
Dan had a meta to measure the sound (registeaed 60). They will tonne back another Tues. since on Fri.
nights these are fewer participants. Carpet.pieces will be attached an the underneath side of the ramps by
church volunteers within the next 2 weedcs, according io Aubrey..
Wed., May 2, 2001(10:10 a.m.) -Message left by Debbie Vi(ihnore with City of La Porte :informing me
that there ere no re~ulatians an the books to help us. Nor is these any ordinance. She recommendexi a
compromise with the churdi, such as relocating the ramps.
Sat., May S, 2001_ David Brechtel let me know that he and Judy were disturbed by the skateboarding
noises on Fri., May 4.
•
Tues., May 8, 2001(7:50 p.m.) -Dan Chapel came over with the sound level meter to check if there is an
improvement (60-70 decibels). Carpet is under the largest ramp. Still too noisy on the other 2 ramps. I
asked that they install carpet under the other 2 ramps. He said they'd work to do "something reasonable:'
(I'm not sure what that means.) I was unable to read tonight due to noise, so I sat in living room since
Rudy was watching Jam. I could still hear every skateboard tvmblelthump over the TV sound. I am
unnerved.
Tues., May 1S, 2001- Napping on sofa and awakened by skateboard thumps at 6:05. Left house
immediately to escape the noise. Remembered FPHA meeting tonight, so I called Joeena Davis to find out
time and place in FPBC.
Attended FPHA meeting -Rudy & I arrived by 7:30 p.m. to express our concerns about the skateboard
ramps and the fenced bicycle ramp playground I explained how my anxiety is rising becayse the end of
school is arriving and my 2 vacation months (beginning May 25) will be even mere disrupted by the
skateboarding noise.
The assoc. was sympathetic to our cause and will send letters to the City of La Porte and to FPBC(their
own idea/initiative). The assoc. is unsure of their jurisdiction and of the church's exemption to FPHA
rules. Clyde Williams, one of the Board members, mentioned the church relocating their ramps as well as
possibly moving ramps to the city park if there is room.
Barbara Matuszak asked for a copy of my letters to FPBC. I will include my log, also. (Present at mtg. _
Tom Gibson, Barbara Matuszak 471-1988, Jeanne Zemanek, Dorothy Coker, Clyde Williams, Tim Cowart,
Vicki Porter 47I-8377, Angie & Steve Lindeen;
absent = Joeena Davis, Paul Felgna, F.d Matuszak)
I learned that the church only asked FPHA for permission for the smallest skateboard ramp, not for the 2
largest ramps. in addition, the church never asked the assoc. for permission to use the Pizzitolas' and
Garcias' fences as their 4'~ side for the bicycle park. Jeanne Zetnanek believed Myrt Richard (assoc. pastor
of FPBC) should be informed of our concerns .
The paper recycling dumpsta is also a disturbance to the neighbors. I was informed by J. Zeonanek that
Myrt Richard had promised awhile ago that it would be removed since it was not cost effective; however,
the dumpsta is still there and so is the untimely and noisy unloading of the recycled papa.
The next step is to express these concerns to LP City Council on Mon., May 21, hopefully supported by my
neighbors' attendance. The association will also speak to LP City Council. We need to be present in mass,
so I need to notify my neighbors. FPHA also suggested that I canvas the neighborhood, gain signatures for
other homeowners who are disturbed by the church's ramps and bicycle park, and urge their attendance at
the City Council meeting on Mon., May 21.
Wed., May 16, 2001-Gave Barbara Matuszak a copy of letters to FPBC and my communication log.
Wed, May 17, 2001- Called LP City Hall, 604 W. Faianont Pkwy. (receptionist Charlotte) to fax city
councihnce's names to me (reed the list the same day).
Sat., May 19, 2001- Typed, made copies of, and delivered letter to Oaken Ln. homeowners about my
speaking to La Porte City Council on Mon., May 21 at 6:00 p.m. and urging their presence.
Typed Section IV petition and collected 9 signatures. (Will canvass more of neighborhood tomorrow.)
Suer., May Zq 2001- Took photos of fenced bicycle playground area (close proximity, dirt mounds, &
materials stacked against our fence line), the proximity of dumpsta and skateboarding ramps)
Date:
Name:
5-
rt~N h
Address:
City, State, Zip:
/-0
0
r~C 1
~±
7~s~i -
Subject on which I wish to speak:
• •
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma 21 2
r
Requested By:
Department:
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits:
ADprODriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: _ N/A
Amount Requested: ~1IL,A
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The current Drug and Alcohol Abuse Policy (Policy) was authorized by Council when Ordinance No.1708 was
adopted on June 11, 1990. The Policy consists of two parts, the actual policy and a second section called Drug and
Alcohol Abuse Program Procedures. There are conflicting paragraphs in the Policy that deal with positive tests and
the action that is available to the City. Staff is recommending that the policy be revised to avoid any conflicting
paragraphs.
In the Drug and Alcohol Abuse Policy, Section 7 Discipline, Paragraph 7.5 states, in part, that "Any individual
who is found through drug testing to have in his or her body system a detectable amount of an illegal drug will be
subject to discipline up to and including discharge or disbarment from the workplace..."
In the Drug and Alcohol Abuse Program Procedures, Section V, Paragraph B states that, "Any individual who
shows positive for an illegal drug or alcohol in a biological test conducted under the provisions of these procedures
will be subject to discipline up to and including discharge or disbarment from the workplace."
Section V, Paragraph C states that, "Any employee who is administered for the first time a biological test that
shows positive will beallowed cone-time opportunity to enter and complete a City approved rehabilitation
maintenance program Failure to enter or complete the program will result in discharge or disbarment from the
workplace."
Staff is recommending that Paragraph C be removed from the Drug and Alcohol Abuse Program Procedures. The
company that performs these tests for the City has been informed of the recommended change and foresees no
problems.
Staff is also recommending that this change be effective on July 1, 2001 to give sufficient time to inform the
employees.
Action Required by Council:
Adopt Ordinance amending the City's Drug and Alcohol Abuse Policy.
Approved for Citv Council Agenda
l s o
Ro a rera, City Manager Date