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HomeMy WebLinkAbout2002-01-14 Regular MeetingMINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 14, 2002 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Alton Porter, James Warren, Charlie Young, Jerry Clarke, and Norman Malone. Members of Council Absent: Peter Griffiths Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, Assistant City Secretary Sharon Harris, City Manager's Administrative Assistant Crystal Scott, Director of Finance Cynthia Alexander, Assistant Director of Finance Mike Dolby, Director of Parks and Recreation Stephen Barr, Director of Public Works Steve Gillett, Director of Planning Doug Kneupper, Police Chief Richard Reff, Masood Malik, Human Resources Manager Lorie Doughty, Senior Services Program Coordinator Debra Dunham, Paramedic Supervisor Ray Nolen, EMS Chief Chris Osten, and other employees. Others Present: Jeff Litchfield, Deotis Gay, Guy Rankin, Nazar Momin, Bob Capen, Ed Matuszak, Betty Waters, Charles Underwood, Sue Gail Rooken, Don Gore, Betty Stoumbaugh, Barbara Suber, Greg Josey, James Suber, Dave Turnquist, Bill Rynearson, Jason Shurtleff, Henry Arnold, Pastor Karen Wilhelm, Diane Archer, Angel Hulett, Clarence Morgan, Peg Ryan, Paul Ryan, Phil Baxley, Marie Meehan, Don Belgan, Art Kelly, Beth Cone, Dean and Kay Snider, Nick Barrera, LeClarie Ebow, Morelon Plazu, Adam Moore, Bill and Kay Scott, and a number of citizens. 2. Reverend Wayne Spears of Fairmont Park Baptist Church delivered the invocation. 3. Council considered approving the minutes of the Regular Meeting on December 10, 2001. Motion was made by Councilperson Clarke to approve the minutes of the Regular Meeting on December 10, 2001 as presented. Second by Councilperson Warren. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 4. PRESENTATIONS/PROCLAMATIONS Ms. O'Neil did not attend the City Council Meeting, but her retirement was acknowledged. • 0 City Council Minutes 1-14-02 — Page 2 Director of Parks and Recreation Stephen Barr and Special Services Superintendent Karen Beerman recognized Debra Dunham as the Employee of the Quarter for the 3`d Quarter of 2001. Mayor Norman Malone recognized Emergency Medical Services Chief Chris Osten, and Chris Osten recognized the Emergency Medical Services staff for receiving the 2001 Public Provider of the Year Award. City Manager Robert Herrera recognized and presented Director of Finance Cynthia Alexander and the Assistant Director of Finance Michael Dolby with the Department of Achievement for Excellence in Financial Reporting certificate. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS CITY COUNCIL Barbara Suber of 3902 Bonita, La Porte, Texas, spoke against the Bayport Expansion, dedicated her remaining time to the video on the expansion. Clarence Morgan of 10415 N. Avenue H, La Porte, Texas, dedicated his 5 minutes to the video on the expansion. Greg Josey of 2202 Lomax School Road, LaPorte, Texas, dedicated his 5 minutes to the video on the expansion. Kay Scott of 1802 Lomax School Road, La Porte, Texas, spoke against the Bayport Expansion, dedicated her remaining time to the video on the expansion. Bill Scott of 1802 Lomax School Road, La Porte, Texas, spoke in opposition of the Bayport Expansion. Don Gore of 10223 Belfast, LaPorte, Texas, had questions on Proposition 3 and provided Council with a handout. Paul Larson of 406 N. 4`h Street, La Porte, Texas, provided Council with a handout. Mr. Larson spoke on the closing of alleys and streets (see handout for details). He is opposed to a proposed truck stop in Barbours Cut area. Art Kelly of 215 Hazel, La Porte, Texas, is opposed to the Bayport Expansion. Magda Rodriquez, Ashley Smith and Jill Guerra thanked the City for the High School Internship program. 6. Ed Matuszak thanked Council for the opportunity to serve on the Redistricting Committee. Knox Askins provided the overview for the Committee. Sidney Grant introduced the Committee. Councilperson Jerry Clarke expressed that he would like some changes made. A Public Hearing, regarding the Redistricting Plan, will be in February 2002. • City Council Minutes 1-14-02 — Page 3 7. Council considered approving an ordinance authorizing the City Manager to execute a contract with Gulf States Coatings, Inc. in the amount of $50,600, with a contingency of $5,060. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2002-2533 — AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GULF STATES COATINGS, INC., FOR IMPROVEMENTS TO THE BAYSHORE ELEVATED WATER STORAGE TANK; APPROPRIATING $50,600.00 PLUS A CONTINGENCY OF $5,060.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 2002-2533 as presented by Mr. Gillett. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 8. Council considered approval of an ordinance to vacate, abandon and close the alleys in Blocks 328 & 329, Town of La Porte and the North 2nd Street Right -of -Way between Blocks 328 & 329. Said ordinance to also authorize execution of a Street & Alley Closing Agreement with the applicant. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2002-2534 — AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 328 AND 329, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND A PORTION OF THE RIGHT-OF- WAY OF NORTH 2ND STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Warren to approve Ordinance 2002-2534 as presented by Mr. Kneupper. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Warren, Clarke, and Malone. Nays: Young Abstain: None 9. Council considered authorizing the City Manager to enter into a contract with Texas Southwest Aquatics, Inc. for construction of San Jacinto Pool and Bathhouse Renovations. City Council Minutes 1-14-02 — Page 4 Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2002-2535 — AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND TEXAS SOUTHWEST AQUATICS, INC. TO PROVIDE CONTRACTOR SERVICES FOR THE CONSTRUCTION OF SAN JACINTO POOL AND BATHHOUSE RENOVATIONS; APPROPRIATING $477,457.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEEITNGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve Ordinance 2002-2535 as presented by Mr. Barr. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 10. Council considered approving or other action authorizing a Special Called City Council Meeting to be held on February 5, 2002 to canvas the Bond Election. City Manager Robert Herrera presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Clarke to approve a Special Called City Council Meetingas s requested by Mr. Herrera. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 11. Council considered instructing the Director of Finance to amend the various operating budgets for outstanding purchase orders. Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Ebow to approve amending the various operating budgetspresented by Mrs. Alexander. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None City Council Minutes 1-14-02 — Page 5 12. Administrative Reports Assistant City Manager John Joerns reminded Council of the following events: Chamber of Commerce Installation Banquet on Thursday, January 17, 2002 at 6:30 p.m.; Special Called Workshop Meeting on Monday, January 21, 2002; and February City Council Meeting dates (February 11 and 25, 2002). 13. Council Comments Councilpersons Sutherland, Engleken, Ebow, Porter, Warren, Young, Clark and Mayor Malone brought items to Council's attention. 14. 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) 15. Considerations and possible action on items considered in Executive Session Due to no Executive Session, there was no action taken. 16. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 7:50 p.m. Respectfully submitted, Mart a Gillett City Secretary Passed and approved on this 28th day of January 2002. ,j ,�;;XyX, Norman Malone, Mayor- 0 • 0 BACK UP TO BE PROVIDED AT MEETING REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 14 2002. Requested By: S. Gillett ln&-s --- ! Department: Public Works Report: Resolution: Ordinance: XX Exhibits: Ordinance Exhibits: Engineer's Recommendation Exhibits: Appropriation Source of Funds: Utility CIP Account Number: 003-9890-864-1100 Amount Budgeted: %75,000 Amount Requested: $55,660 Budgeted Item: YES SUMMARY & RECOMMENDATION Tank inspections performed by Dunham Engineering recommended recoating of the elevated water storage tank in the former Bayshore MUD. This tank was last coated in 1991. The paint system has performed well, and the Engineer recommends recoating before the paint system begins to fail. Dunham Engineering has designed the proposed improvements, and sealed bids were received on December 17, 2001 from four (4) contractors. Low bid was submitted by Gulf States Coatings, Inc. of La Porte in the amount of $50,600. A total of 75,000 was budgeted for this Project. As illustrated by the attached bid tabulation, the bids ranged from a high of $96,772 to the low bid. Low bidder was checked by the Engineer for past work experience, safety experience and references. Gulf States Coatings, Inc. has successfully completed projects for the Engineer, and is recommended by the Engineer for bid award. A total of $69,000 is available in the Project budget for construction. It is recommended that the contract be awarded to Gulf States Coatings, Inc. in the amount of $50,600. A contingency of $5,060 is also recommended. Action Required by Council: Approve an ordinance authorizing the City Manager to execute a contract with Gulf States Coatings, Inc. in the amount of $50,600, with a contingency of $5,060. Approved for City Council Agenda Robert T. Herrera, City Manager Date 0 0 ORDINANCE NO. 2002-Z533 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GULF STATES COATINGS, INC., FOR IMPROVEMENTS TO THE BAYSHORE ELEVATED WATER STORAGE TANK] APPROPRIATING $50,600.00 PLUS A CONTINGENCY OF $5,060.00, TO FUND SAID CONTRACTy MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTI FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the i 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 $50,600.00 plus a contingency of $5,060.00, from Fund 3 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 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 from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of January, 2002. ATTEST: �---filbmvd. S Mar ha A. Gillett City Secretary APPROVED: Knox W. Askins City Attorney CITY OF LA PORTE By: N rman L. lone Mayor 2 DUNHAM ETOINEERING n U Water Tank Consultants 13141 Hill Rd. • College Station, TX 77845 • (979) 690-6555 • Mobile (979) 820-1648 • FAX (979) 690-7034 www.DunhamEngineering.com City of LaPorte, Texas Humphreville Rd. Elevated Water Tank Rehabilitation Project Bid Tabulation Sheet. Bids opened December 17, 2001 @ 2:00 p.m. City Office Contractor Base Bid Angelos Painting $ D&W Contractors $ ,;5l 6 f + DMS Painting $ Gulf States Coatings $ S-0I � 00, McCrea Water Tank $ N.G. Painting $ Don L. Owen $ Utility Service Co. $ 5-31 �1 !; ' 1,7 Water Tank Service $ Jimmy D. Dunham, P.E. t s 0 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 14 2002 Requested By: Dou Kneupper Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance with Exhibit "A" 2. Street & Alley Closing Agreement 3. Memorandum from Councilman Warren to City Manager Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: Budgeted Item: _YES ENO SUMMARY & RECOMMENDATION Ameen Narsi of Narsi, Inc. has requested that Council reconsider his original application to vacate, abandon and close the alleys in Blocks 328 & 329, Town of La Porte and the North 2nd Street Right -of -Way between the Blocks 328 & 329. The purpose of this request is to consolidate the lots and blocks of the subject properties to create a contiguous 5.4-acre tract. At it's August 13, 2001 meeting, Council considered this request and voted to deny. Subsequently, the applicant has met requirements for reconsideration of this item by Council. In reviewing the closing request, Staff has determined that an inactive 8" sanitary sewer line exists within the alley of Block 329 and an active 8" sanitary sewer line exists within the alley of Block 328. Additionally, drainage facilities exist within the North 2°d Street Right -of -Way (see Exhibit "A"). In order to address these issues, Staff has determined that the 8" line in the alley of Block 329 should be abandoned in place, a drainage easement should be retained within the North 2nd Street Right -of -Way to facilitate existing drainage facilities, and the active 8" waterline in the alley of Block 328 should be relocated to a dedicated easement on the applicant's property. All franchised utility companies have received notification of the closing application and have responded to the applicant's request. Reliant Energy, Southwestern Bell and Time Warner Communications have each provided letters of no objection to the closing. Mr. Narsi has entered into a Street & Alley Closing Agreement which requires submission of a subdivision plat, relocation of the active 8" sanitary sewer line, and restoration of vegetation within the North "E" Street Right -of -Way. In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted for the rights -of -way in question. As a result, the fair market value of the property has been assessed at $0.74 per square foot. The City has received compensation from the applicant for 36,800 square feet of public right-of-way in the amount of $20,424 (75% of fair market value per City ordinance). Mr. Narsi has also submitted payment in the amount of $4,610 for the restoration of the North "E" Street Right -of -Way. Recommendation: Staff recommends closing, vacating, and abandoning the alleys in Blocks 328 & 329, Town of La Porte and the North 2°d Street Right -of -Way between Blocks 328 & 329. Staff also recommends abandoning an existing 8" sanitary sewer line in the alley of Block 329, retaining a 60' wide drainage easement within the North 2nd Street Right -of -Way and execution of a Street & Alley Closing Agreement between Ameen Narsi and the City. Action Required by Council: Consider approval of an ordinance to vacate, abandon and close the alleys in Blocks 328 & 329, Town of La Porte and the North 2 Street Right -of -Way between Blocks 328 & 329. Said ordinance to also authorize execution of a Street & Alley Closing Agreement with the applicant. Approved for City Council Agenda 0 4- obert T. Herrera, City Manager Date 0 EXHIBIT NO. 1 Ordinance with Exhibit "A" ORDINANCE NO. 2002-2 534 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 328 AND 329, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND A PORTION OF THE RIGHT-OF-WAY OF NORTH 2ND STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. • WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of LaPorte, Harris County, Texas, to vacate, abandon, and permanently close the alleys in Blocks 328 and 329, Town of 'La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town -of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as a public road, street and alley, and the closing of the hereinafter described the alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas, all as shown on the plat attached hereto as Exhibit "A", incorporated by reference herein and made a part hereof for all purposes, are hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: TRACT ONE: Being all of the alleys in Blocks Three Hundred Twenty- eight (328) and Three Hundred Twenty-nine (329), Town of La Porte, Harris County, Texas; TRACT TWO: That portion of the right-of-way of North 2nd Street lying and being situated between Blocks Three Hundred Twenty-eight (328) and Three Hundred Twenty-nine (329), Town of La Porte, Harris County, Texas, and between the north right-of-way of North "E" Street, and the south right-of-way of West Barbours Cut Boulevard, SAVE AND EXCEPT a sixty foot (601) wide drainage easement on said Tract Two. 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 K • • 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 upon full and complete execution of the terms of a Street and Alley Closing Agreement executed between the City of La Porte and the Owner of Blocks 328 and 329, Town of La Porte, Harris County, Texas. In the event all terms of said agreement are not fulfilled within ninety (90) calendar days from the date of passage and approval, this ordinance shall be deemed null and void. PASSED AND APPROVED, this 14th day of January, 2002. ATTEST: J. Mar ha A. Gillett City Secretary AP�VE D : r %< Knox W. Askins City Attorney CIT OF LA PO TE B y : rman L.-Mal e Mayor 3 EXIST. 8" SAN. - SWR. (TO BE RELOCATED) PUS. NORTH "E" STREET 1 I M.H. I r- C/-) EXIST. DRAINAGE DITCH. (RETAIN 60' WIDE z DRAINAGE EASEMENT) N PROPOSED CLOSING O EASEMENT TO BE RETAINED BY CITY M.H. PROP. 8" SAN. SWR. (RELOCATED) EXHIBIT "A" TO STREET AND ALLEY CLOSING ORD. # • 0 EXHIBIT NO.2 Street & Alley Closing Agreement • 0 STREET & ALLEY CLOSING AGREEMENT THE STATE OF TEXAS: COUNTY OF HARRIS: This agreement, made this — day of j-� .. , 2002, by and between the City of La Porte, herein called "City", acting herein through its City Manager and Ameen Narsi, an individual, of La Porte, Harris County, Texas, hereinafter called "Owner". WITNESSETH 1. All references to "Alley Closing" hereunder shall, for the purposes of this agreement, refer to vacating, abandoning and closing of the alleys in Block 328 and 329, and the North 2nd Street Right -of -Way between Blocks 328 & 329, Town of LaPorte, Harris County, Texas. (Re: CLP File No. SAC-2000-03 & CLP Ordinance No.�� 2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as Blocks 328 & 329, Town of La Porte, Harris County, Texas. 3. Owner has petitioned City to vacate, abandon and close the alleys of Blocks 328 & 329 and the North 2nd Street Right - of -Way between Blocks 328 & 329, Town of La Porte, Harris County, Texas. 4. As a condition of passage and approval of an ordinance vacating, abandoning and closing of said alley, Owner shall be responsible for the following: Owner shall submit plat of proposed subdivision of Owner's property for approval by City. Said subdivision plat shall include dedication of a ten foot (10') wide sanitary sewer easement, as shown on the attached Exhibit "A', to facilitate the relocation of an existing eight -inch (8") sanitary sewer line from the alley of Block 328, Town of LaPorte. Owner shall be fully responsible for relocation of said eight -inch (8") sanitary sewer main from alley in Block 328, Town of La Porte to the aforementioned ten -foot (10') wide sanitary sewer easement to be dedicated by Owner's subdivision plat. This shall include the preparation and submittal of engineered drawings, construction of new 8" sanitary sewer line, and acceptance of relocated 8" sanitary sewer line by City. As a result of unauthorized clearing conducted by Owner within the North "E" Street Right -of -Way, Owner has compensated City $4,610 to plant trees. 5. City will inspect and approve all work performed under the terms of this agreement for compliance to City standards. 6. Owner shall have ninety (90) calendar days from the date of passage and approval of an ordinance closing the aforementioned rights -of -way to fulfill all terms of this agreement. IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each of which shall be deemed an original, in the year and day first mentioned above. (Seal) ATTEST: AWBY: dJ (City Secretary of La Porte) E�;R MANHOOD H. DAI�ANI($mil) = Notary Public, State dF .g My Commission E es November 13, 24 BY: AZu, -,rA )14AA,4 vt (Witness or Secretary of Corporation) 4---N %-� GtA 'Y\ ' BY: Ameen N" (fin') E WEST BARBOUR'S CUT BLVD. M.H. zm PROPOSED CLOSING NEW BASEMENT DED AREA SUBJECT TO EXIST. 8" SAN. SWR. (TO BE RELOCATED) z N D BY OWNER CD RATION Z M.H. . I N LET s �a zz Lv g :2U) W>_ Wo 6m 0 N .w Ld V)z 0 Qm Wo oLki 8 0 •w 0-0 � m IL _ PROP. 8" SAN. SWR. (RELOCATED) N.T.S. f"l EXHIBIT "A" TO STREET/ALLEY CLOSING AGREEMENT 2000-03 0 0 EXHIBIT NO.3 Memorandum from Councilman Warren To City Manager 0 0 TO: City Manager FROM: Councilman James A. Warren SUBJECT: Addition to Agenda 20 December 2001 DM26= ASST. CITY MANAGER i Request an item that was recently disapproved.by City Council be placed backed on the agenda. This item concerned an alley closing in District 4. This item was rejected because it did not meet zoning requirements. The owner/developer has meet with the community and assured them, they will get with the city and follow all zoning requirements. The developer will get with the Planning Section and make all the necessary preparations before council meeting. The necessary signatures are listed below for this action to happen. Sincerely 6'1;-� &?, W t4A-� JAMES A. WARREN District 4 Councilmember i 0 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January V Requested By: Stephen Barr Department: Parks & Recr Report: Resolution:_Ordinance:_X_ Exhibits: Memorandum from John Joerns Exhibits: Cost Estimate by Project Engineer Appropriation u cr a of Funds: G.O. Bond Funds Account Number: GEN 833 Amount Budgeted: $450,000 Amount Requested Budgeted Item: n/a YES X NO SUMMARY & RECOMMENDATION Because the projected cost estimate for the San Jacinto Pool and Bathhouse Renovations project was greater than $300,000, the City by Ordinance 1476-B, pre -qualified contractors for this project. The City pre -qualified three (3) swimming pool contractors; Monarch Pools, Inc., Watts Pool, Inc., and Texas Southwest Aquatics, Inc. At the bid opening on January 8, 2002, single bid was received for the project, from Texas Southwest Aquatics, Inc. The two contractors that did not submit bids indicated that they were only interested in the pool portion of the project, and chose not to bid as General Contractors. As low bidder meeting specifications for the project, Texas Southwest Aquatics, Inc. submitted a bid in the amount of $454,721.00.. After review by staff and the Project Engineer Mr. Terry Brannon, staff recommends acceptance of the bid submitted by Texas Southwest Aquatics, Inc. of $454,721. After engineering and miscellaneous costs, the available amount for construction in Fund 41 is $416,000 for this project. Accumulated interest and funds are available in the General Obligation Contingency Fund to make up the difference in the amount budgeted and the bid, thereby obtaining a better overall product for this needed facility improvement. In addition, funds are available in the General Obligation Contingency Account for a 5% contingency for the project in the amount of $22,736. Texas Southwest Aquatics, Inc. has stipulated in their bid proposal that they will complete the project as specified within 150 days of contract execution. Staff Recommendation: Staff recommends that the bid submitted by Texas Southwest Aquatics, Inc. in the amount of $454,721, be accepted for this project. Action Required by Council: Authorize the City Manager to enter into a contract with Texas Southwest Aquatics, Inc. for construction of San Jacinto Pool and Bathhouse Renovations. Availability of Funds: General Fund Water/Wastewater XX Capital Improvement General Revenue Sharing N/A Account Number: 041-9892-833-1100 Funds Available: XX YES _ NO Account Number: 041-9892-700-9150 Funds Available: XX YES —NO NO Approved fr it cil A enda Robe . He a, City Manager Date 0 0 ORDINANCE NO. 2002- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND TEXAS SOUTHWEST AQUATICS, INC. TO PROVIDE CONTRACTOR SERVICES FOR THE CONSTRUCTION OF SAN JACINTO POOL AND BATHHOUSE RENOVATIONS; APPROPRIATING $477,457.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; 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 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.' The City Council appropriates the sum not to exceed $477,457.00 for contractor services for the construction of San Jacinto Pool and Bathhouse Renovations, from 1999 General Obligation Bond Fund 041 and General Obligation Contingency Fund 041 to fund said Agreement. 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 ORDINANCE NO. 2002- , 163� 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 from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of January, 2002. zr4lm'an OF LA PORTE By: , 1— 44 L. M lone ,, Mayor ATTEST: / A'ILtr Aarha Gillett City Secretary APP ED: Knox W . Askins, City Attorney • CITY OF LA PORTE r December 12, 2001 TO: Mayor and City Council Robert T. Herrera, City M FROM: John Joerns, Assistant City SUBJECT: Pre -qualification Concerns San Jacinto Pool Project - -_.,. 1. PARf4S & RE I ATi0 d D E P T Mr. Barr and Mr. Kneupper have recently updated me on concerns regarding the pre -qualification of contractors (required by City Ordinance for projects > $300,000) for the San Jacinto Swimming Pool. There are two parts to the pre -qualification process, financial and experience. Background • On October 7, 2001, pre -qualifications packets were mailed to 21 contractors in Texas with previous pool experience. • Follow up phone calls were made to these contractors. • A common response from several firms was the reluctance to provide financial statements. • _ The deadline for response was October 22"d • Two (incomplete) responses were received by the October 22"d deadline. Follow Up Efforts • Staff contacted four additional contractors and forwarded packets to them. • Staff contacted and received information from the two contractors to complete their packets. Currently • We have received and approved (from financial aspects) two contractors. • The Engineer has not approved the work experience of these two contractors, he is currently doing so. Staff had not yet advertised for bids because of the delays and lack of pre -qualified contractors. After reviewing the situation with Stephen Barr and Doug Kneupper, I have asked them to proceed accordingly: • Advertise for bids as soon as possible. • Call the two pre -qualified bidders and insure they have enough time to prepare a bid by approximately January 9'h, 2002. • Schedule bid opening for approximately January 9�'. • Meanwhile, try to secure additional pre -qualified bidders (verify with Knox Askins that council can waive requested 30 day submittal before bid opening). • Open bids and present to Council at the January 1 e meeting. • Award bid if they are competitive and within budget. • Council may need to waive the.30-day submission requirement. • If bids are not competitive, consider rebidding and possible modifications to the pre - qualification ordinance (we may need to do this anyway). We got an early start on the pre -qualification (October 7`h) but seem to have either a lack of interest in bidding or a reluctance to furnish the required pre -qualification materials. Conversely, the Fire Station #4 project has not experienced these problems as they have 12 pre -qualified bidders. JJ/ml c: Stephen Barr, Director of Parks and Recreation Doug Kneupper, Director of Planning Knox Askins, City Attorney 0 City of La Porte San Jacinto Pool Pool Renovations and Additions: 22 December 2001 Shallow pool to 2'-6" maximum with zero depth entry; replace filtration and plumbing systems; vinyl liner pool bottom and sides; remove diving boards; play structures; deck drainage Item: Description: 1 Demolition of old pool floor; coping; diving board; 2 Pipes and pool plumbing 3 Filters and pumps 4 Pool electrical and lighting 5 Granular fill in pool 6 New concrete floor/wall in pool 7 New poured in place coping 8 New vinyl liner on pool shell 9 Concrete walls on ramp 10 Tumblebuckets play structure 11 Floatable gator and hippos 12 Gum drop fountains 13 Umbrella fountain 14 Childrens flat bottom slide 15 Concrete trench drain in deck 16 Concrete surge pit/valve vault Deck Area Modifications: Unit Price Quantity Total Price $ 6,500.00 1 LS $ 6,500.00 $ 25,000.00 1 LS $ 25,000.00 $ 30,000.00 1 LS $ 30,000.00 $ 13,900.00 1 LS $ 13,900.00 $ 20.00 500 CY $ 10,000.00 $ 5.75 5400 SF $ 31,050.00 $ 20.00 295 LF $ 5,900.00 $ 9.00 5880 SF $ 52,920.00 $ 100.00 100 LF $ 10,000.00 $ 20,000.00 1 LS $ 20,000.00 $ 14,000.00 1 LS $ 14,000.00 $ 400.00 3 EA $ 1,200.00 $ 10,000.00 1 EA $ 10,000.00 $ 8,500.00 2 EA $ 17,000.00 $ 15.00 160 LF $ 2,400.00 $ 8,000.00 1 LS $ 8,000.00 Subtotal Pool Renovations $ 257,870.00 Renovate and improve the deck areas; relocate fencing; expand deck; replace damaged concrete; add two shade structures; add brick pavers in some areas; landscaping Item: Description: 1 Remove damaged concrete deck and replace 2 Relocate fencing on one side New Dry Deck Spray Station: Unit Price Quantity Total Price $ 5.00 $ 15.00 Subtotal Deck Area 3035 SF $ 15,175.00 150 LF $ 2,250.00 Install granulated rubber surface; install Raindrop Rainforest structure; connect to plumbing; $ 17,425.00 Item: Description: Unit Price Quantity Total Price 0 0 1 Remove damaged concrete $ 4.00 1440 SF $ 5,760.00 deck and replace 2 Plumbing and water supply $ 4,000.00 1 LS $ 4,000.00 3 Granulated rubber surfacing $ 9.00 1440 SF $ 12,960.00 4 Raindrop Rainforest $ 34,000.00 1 EA $ 34,000.00 5 Installation of playscape $ 7,500.00 1 LS $ 7,500.00 Subtotal Deck Area Building Modifications: $ 64,220.00 Renovate and improve the bath house and pump house; replace toilets and fixtures per ADA; modify partitions; add office; replace floor systems; install roof framing and trusses; install paint coating; Item: Description: Unit Price Quantity Total Price 1 Demolition of old structures $ 3,000.00 1 LS $ 3,000.00 2 Revise plumbing lines $ 3,500.00 1 LS $ 3,500.00 3 Construct new walls $ 7,500.00 1 LS $ 7,500.00 4 Roof framing and deck $ 10.00 3784 SF $ 37,840.00 5 Roofing materials installed $ 500.00 40 SQ $ 20,000.00 6 Painting and caulking $ 3.00 4800 SF $ 14,400.00 7 Toilet partitions $ 4,500.00 1 LS $ 4,500.00 8 Plumbing fixtures $ 5,600.00 1 LS $ 5,600.00 9 Toilet accessories/hardware $ 1,250.00 1 LS $ 1,250.00 10 Brick columns $ 850.00 4 EA $ 3,400.00 11 Steel gates $ 150.00 45 LF $ 6,750.00 12 Lighting/electrical $ 4,000.00 1 LS $ 4,000.00 13 Pump house foundation $ 3.00 448 SF $ 1,344.00 14 Masonry for pump house $ 4.00 900 SF $ 3,600.00 15 Carpentry/ frame pumphous $ 15.00 448 $ 6,720.00 16 Roofing materials pumphouse $ 500.00 6 SQ $ 3,000.00 Subtotal Buildings $ 126,404.00 Total Project $ 465,919.00 These estimates represent the engineer's opinions of probable construction cost based on final construction drawings and specifications. Due to fluctuating bidding conditions the costs could vary from the estimates presented above. There also are areas where savings could be realized, improvements deferred, and work performed by force account. Calvin T. Brannon, P.E. Texas PE No. 40450 NO BACKUP PROVIDED FOR THIS ITEM • 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 2 2002 10,00, Requested By: Cynthia Alexander Department: Finance Report: X Resolution: Ordinance: Exhibits: Exhibits: Exhibits: Appropriation Source of Funds: Various Account Number: Various Amount Budgeted: YES Amount Requested: Budgeted Item: YES ® NO SUMMARY & RECOMMENDATION The City's fiscal year ended September 30, 2001. At that time, there were 30 outstanding purchase orders. The purchase orders represent goods that were ordered and budgeted funds that were committed to procure items necessary to operate the City. We need to re-establish these items for the new fiscal year. This action will have no effect on the working capital of the various funds. A breakdown of the "open" purchase orders by operating fund is as follows: Fund Number Amount Computer Maint. & Replacement Fund 1 $ 1,000.00 General CIP Fund 4 37,800.60 General Fund 18 57,543.70 Golf Course Fund 1 5,850.00 Hotel/Motel Fund 1 1,382.40 Sewer Rehabilitation Fund 1 11,265.00 Sylvan Beach Fund 1 1,837.00 Utility Fund 1 351.75 Vehicle Replacement Fund 2 553,213.79 Total 30 670,244.24 A few examples of the "open" purchase orders are: 1) Protective wear for Police Department ordered but not received. 2) Fire Truck & Ambulance for the Fire department ordered but not received. 3) Grass seed for the Golf Course ordered but not received. The above amendments will not have an impact on the projected working capital balances for the year because they were projected to be expended in the previous fiscal year. Action Required by Council: We are requesting that City Council instruct the Director of Finance to amend the various operating budgets for outstanding purchase orders. Approved for City Council Agenda Robert T. Herrera, City Manager Date CITY OF LA PORTE ENCUMBRANCE ROLLOVER REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2001 Encumbrance Fund P.O. Number Vendor Name I Description Account Number Amount Description Computer Maint. & Replacement Fund 010506 ENFOTECH & CONSULTING 023-9905-580.40-55 1,000.00 ANNUAL MAINTENANCE, UPGRADE & SUPPORT FOR PACS Computer Maint & Replacement Fund Total 1,000.00 Computer Maint & Replacement Fund Count 1 General CIP Fund 010420 RINKER MATERIALS 015-9892-700.91-50 5,204.60 18" REINFORCED CONCRETE PIPE General CIP Fund 010517 STANDARD AUTOMOTIVE 015-9892-799.11-00 30,970.00 WHELEN SIREN UPGRADE PER QUOTE OF 5/22101 General CIP Fund 010465 MOSER ELECTRIC CO. 015-9892-828.11-00 911.00 A/C CONDENSOR & 110V HEATER CONNECTION General CIP Fund 010471 BAY AREA CABINET 015-9892-828,11-00 715.00 COMPLETE KITCHEN CABINETS General CIP Fund Total 37,800.60 General CIP Fund Count 4 General Fund C01688 RESCUE CONCEPTS, INC. 001-5051-522: 20-03 4,804.00 BUNKER GEAR General Fund 010455 GATE MASTER 001-5051-522.80-02 2,715.00 INSTALL. OF ELECTRIC GATE OPENER FIRE TRAINING General Fund 010453 MOSER ELECTRIC CO. 001-5051-522.80-02 1,540.00 INSTALL. 110V CIRCUIT FOR GATE OPENER General Fund 010436 ABLE COMMUNICATIONS CO., INC. 001-5051-522.80-21 2,895.00 AIROCOM ULTRA VHF FILTER General Fund 010479 A & B CARPET 001-5059-522.80-02 4,021.60 INSTALL. 110 YDS. 28 OZ. CARPET W/DIRECT GLUE DOWN General Fund 010499 DICTAPHONE CORPORATION 001-5252-521.70-03 3,564.00 EDAC BASE UNIT General Fund 010424 G.T. DISTRIBUTORS 001-5253-521.20-17 5,694.67 COMMANDO M-16 FLAT TOP General Fund 010511 FORTES 101 SECURITY SOFTWARE 001-5253-521.80-23 505.00 FORTES 101 SECURITY SOFTWARE General Fund B01134 MUSTANG RENTAL SERICES 001-6145-515.90-51 2,588.92 STOCK MERCHANDISE General Fund 010406 JAMERICAN EQUIPMENT SERVICE 001-6146-515.90-51 941.00 FERRUPS UPS MODEL MS 500VA General Fund 010422 JAKE HARRIS & SON 001-6146-515.90-51 800.00 REPAIR TO ALUMINUM BOAT USED DURING TS ALLISON General Fund 010510 LUNSFORD DOOR & SERVICES, INC. 001-8080-552.40-11 735.70 3-0X7-0X7 3/4 METAL 3 PART FRAME General Fund 010487 B W I 001-8080-552.40-18 2,500.00 70% PERENNIAL /30 % ANNUAL RYE SEED General Fund 010508 GAME TIME 001-8080-552.40-18 1,886.00 4' S.S. SLIDE ATTACHMENT General Fund 010500 CARPET PLUS 001-8080-552-80-02 1,635.00 REPLACEMENT VINYL COMPOSITION TILE & VINYL COVE General Fund 010394 SOUTHWEST SPORTNET 001-8080-552.80-21 7,953.81 #18 SAFETY NETTING FOR FOUL BALLS CONTRACTOR General Fund 010497 STANLEY ACCESS TECHNOLOGIES 001-8081-551.80-60 1,950.00 INSTALLATION OF AUTOMATIC DOOR @ RFC General Fund 010402 OFFICE FURNITURE UNLIMITED 001-8089-550.80-02 10,814.00 FURNITURE FOR INS #6636R General Fund Total 57,543.70 General Fund Count 18 Golf Course Fund 010469 BWI 028-6049-551.20-15 5,850.00 WINTER RYE GRASS SEED FOR GREENS Golf Course Fund Total 5,850.00 Golf Course Fund Count 1 Hotel/Motel Fund 010485 BAUER VISUAL GRAPHICS, INC. 037-6063-565.20-75 1,382.40 CUSTOM 4X6 SCREEN PRINTED FLAGS CITY LOGO Hotel/Motel Fund Total 1,382.40 Hotel/Motel Fund Count 1 Sewer Rehabilitation Fund 010401 D.P.E. INC. 018-9884-669.51-10 11,265.00 SEWER JOINT TESTING Sewer Rehabilitation Fund Total 11,265.00 Sewer Rehabilitation Fund Count 1 Sylvan Beach Fund 010402 OFFICE FURNITURE UNLIMITED 008-8083-551.80-02 1,837.00 OFFICE FURNITURE Sylvan Beach Fund Total 1,837.00 Sylvan Beach Fund Count 1 Utility Fund F00514 PRINTING COMMUNICATIONS, INC. 002-6147-515.60-02 351.75 APPLICATIONS FOR WATER SERVICE Utility Fund Total 351.75 Utility Fund Count 1 Vehicle Replacement Fund 010425 METRO FIRE APPARATUS SPECIAL 009-5051-552.80-50 458,908.00 LUVERNE FIRE APPARATUS PER BID OF 7/2/01 Vehicle Replacement Fund 010457 H-GAC 009-5059-522.80-50 94,305.79 FRAZER TYPE I GENERATOR POWERED MODULE AMBULANCE Vehicle Replacement Fund Total 553,213.79 Vehicle Replacement Fund Count 2 Grand Count 30 Grand Total 670244.24 ENCUMBRANCE ROLLOVER FY 2001 b.xls