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HomeMy WebLinkAbout2003-08-11 Regular MeetingMINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL August 11, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Peter Griffiths, Howard Ebow, Chuck Engelken, Bruce Meismer, James Warren, Charlie Young, Mike Mosteit and Norman Malone Members of Council Absent: Councilmember Barry Beasley Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Building Official Debbie Wilmore, Director of Emergency Services Joe Sease, Assistant City Attorney John Armstrong, City Secretary Martha Gillett, Police Chief Richard Reff, Director of Administrative Services Carol Buttler, Director of Public Works Steve Gillett, Assistant Director of Finance Michael Dolby, Purchasing Manager Susan Kelley and Supervisor Engineer Robert Cummings Others Present: Spero Pomonis, Bill Scott, Kay Scott, Cherie Steinle, Roy Myers, Delia Claus, Carroll Pruitt, Toy Wood, Joe Edwards, Charles Gilliam, Tucker Grant, Charles Tinor, Edna Tinor, Michael Forrister, Mrs. Sidney A. Grant, Sidney Grant, Leroy Kuykendall, Peggy Kuykendall, Tommy Moser, Chris Hudson, Mercedes Fuentes, Tom Cayhill, Bill Hang, Ann Hayes, Barbara Norwine, Colleen Hicks, Dottie Kaminski, Betty Waters, Leon Waters, Bill Harry, Mary McClain, Carlos Martinez, Herb Weisend, La Don White, Ken Schlather, C. Wade Baker, Nancy McNabb, "Houston Chronicle's This Week" Carol Christian, Sue Gale Mock Kooken, Charlie Doug Boyle, Bill Harry, Betty Waters, Leon Waters, Leonard Zlomke, Dottie Kaminski, Stanly J. Briers, Fred Goines and Mona Goines 2. _- Reverend Oliver Stillwell of First Assembly of God of La Porte Church delivered the invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. PRESENTATIONS/PROCLAMATIONS: Bill Harry of Harris County Appraisal District (HCAD) provided an overview of the process of HCAD. 5. CONSENT AGENDA: A. Council to consider approval or other action of the Minutes of the Regular Meeting held July 28, 2003. B. Council to consider approval or other action awarding bid for chemical, paper and janitorial supplies as presented by S. Kelley. Motion was made by Councilmember Warren to vote on all items of the Consent Agenda simultaneously. Second by Meismer. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 0 City Council Regular Meeting — August 11, 2003 - Page 2 Motion was made by Councilmember Warren to approve items on the Consent Agenda. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths, and Malone Nays: None Abstain: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Leonard Zlomke — 209 S. Lobit - La Porte, Texas — voiced his opposition of the pre -check facility. Mr. Zlomke was disappointed in the Mayor's previous comments to citizens regarding removing them from a Council Meeting for applauding. Charles Gilliam — 202 Nugent — La Porte, Texas 77571— is opposed to the pre -check facility for the Port of Houston. Sidney Grant —1907 Lomax Drive — La Porte, Texas 77571— feels some citizens are using the fill dirt issue to promote a personal agenda. The drainage issue in La Porte needs to be resolved; suggested Council have a bond election, allowing citizens' input. Mr. Grant complimented the Inspections Department. Chris Hudson — 3355 West Alabama — Houston, Texas — President of the American Institute of Architects — voiced his favor of the International Codes; he would like to see all cities work under the same code. Cherie Steinle —1203 Mission — La Porte, Texas 77571— concerned about the fill dirt issue and areas around her home being elevated higher than her property, causing additional flooding, plus there is concern for privacy issues. Kay Scott —1802 Lomax School Road — La Porte, Texas 77571— concerned with restrictions being placed on property owners regarding putting dirt on their property; there needs to be consideration for the citizens that cannot afford to build their property up, including the elderly. Bill Scott —1802 Lomax School Road — La Porte, Texas 77571— reviewed the City's fill dirt permits; there were large differences in the permit requirements. A large landowner repeatedly reapplied for the maximum 40 load permit; while the owner of 11306 N. L, located west of the Exxon's pipeline applied for and received a permit for 40 plus loads of dirt, which gave him unlimited loads of dirt. This was the only permit written to allow unlimited loads of dirt; when that permit expired the owner received another City permit for 700 loads, for the same property. The owner's drainage sketch, as you see, called for a swell down the middle and called for the dirt to be piled on the back half, draining from the edges down to this middle swell. What occurred was just the opposite, the dirt is built up in the back, in the middle and it drains to the edges. On walking the eastern property line, there is no swell to keep the property from draining on the neighbor, which is a direct violation of the drawn sketch. Some citizens are concerned they might flood; the Scott's did flood on a regular basis. Their homesite was flooding due to an illegal dam on the westside, by the same group the City gave a permit for unlimited number of animals for their feedlot. The fill dirt ordinance attempts to cover up for this abuse, allowing 5 truck loads of fill dirt every 6 months without any requirements. The ordinance is ambiguous and vague on this point and allows the City's "good ole' boys" system to continue to abuse property owners; the result is the insiders and special favors. Mr. Scott questioned if the property owner was given favoritism due to his friendship with Mayor. City Council Regular Meetinn August 11, 2003 - Page 3 • Carroll Lee Pruitt — 6705 Highway 290 West #502-299 — Austin, Texas 78735 — spoke in opposition of the C-3 Codes, however, he is in favor of the International Codes. Joe Edwards — 734 Regency South Court — Houston, Texas 77036 — spoke in opposition of the C- 3 codes. Toy Wood — Greater Houston Builders Association — 9511 W. Sam Houston Parkway North — Houston, Texas 77064 — spoke in favor of the International Codes. Stanley Briars — 219 Whispering Oak, Taylor Lake Village, Texas — recommends adoption of C-3 Codes. Mr. Briars noted he sent Mayor and Council a letter expressing his belief that homeowners will have better quality work on their home with the C-3 Codes. Nancy McNabb — 9517 Goodfellow — Dallas, Texas 75229 — spoke in favor of the C-3 Codes. This code raises safety measures. 7. PUBLIC HEARING — DISCUSS JUVENILE CURFEW ORDINANCE Public Hearing was opened at 6:44 p.m. Police Chief Richard Reff gave a review and informed City Council this ordinance must be reviewed on an annual basis. Staff recommended City Council approve the Ordinance for an additional year, as written, with no changes at this time. Public Hearing was closed at 6:50 p.m. 8. Council to consider approval or other action regarding continuing the juvenile curfew ordinance as written, abolishing the juvenile curfew ordinance or modifying juvenile curfew ordinance. Chief Reff presented the summary and recommendation and answered Council's questions. It was the consensus of the Council to keep the Ordinance in place, as currently adopted. ITEM NUMBERS 9,10 AND 11 WERE DISCUSSED AND VOTED ON SIMULTANEOUSLY BY COUNCIL Motion was made by Councilmember Griffiths to vote on items 9. 10 and 11 simultaneously as presented by Ms. Goodwin. Second by Councilmember Engelken. The motion carried. Assistant City Attorney John Armstrong read captions for Items 9, 10 and 11. 9. Council to consider approval of General Plan/Layout, SCU#03-001, and all supporting documents. (This item was tabled at the June 9, June 23 and July 14, 2003 Council Meetings.) City Planner Gwen Goodwin presented the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 1501 BB/SCU#03-001 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF City Council Regular Meetin August 11, 2003'- Page 4 LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: 20,769 ACRES ALONG EAST BARBOUR'S.CUT BOULEVARD, BEING LOTS 17-32 BLOCK 438, LOTS 1- 32 BLOCK 439 AND ADJOINING ALLEY, LOTS 1-16 BLOCK 974, LOTS.1-32 OF BLOCKS 975 THRU 979, AND ADJOINING ALLEYS WITHIN THESE BLOCKS AND PORTIONS OF 1OTH, 11rn, 12'H AVENUES, BROWNELL, NUGENT, HOLMES AND CARROLL STREETS, OUT OF JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING A TRUCK PRE -CHECK FACILITY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ITEM.NUMBERS 9,10 AND 11 WERE DISCUSSED AND VOTED ON SIMULTANEOUSLY BY COUNCIL 10. Council to consider approving. an interlocal agreement between the City of La Porte and the Port of Houston. City Planner Gwen Goodwin -gave summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2647 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS RELATING TO THE IMPLEMENTATION OF A CITY OF LA. PORTE PROPERTY OWNERS' VALUE ASSURANCE PROGRAM AS -A CONDITION TO GRANTING A ZONING CHANGE TO A PLANNED UNIT DEVELOPMENT AND GRANTING A SPECIAL CONDITIONAL USE PERMIT TO THE PORT OF HOVSTON AUTHORITY FOR THE BUILDING OF A BARBOURS CUT TERMINAL TRUCK ENTRY STATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. ITEM NUMBERS 9,10 AND 11: WERE VOTED ON SIMULTANEOUSLY BY COUNCIL See motion below 11. Council to consider approval of an ordinance to vacate, abandon and close the alley in Block 439, Town of La Porte and the North Idaho Street Right -of -Way between Blocks 439 & 979, Town of La Porte, retaining a 10' Centerline utility Easement for the existing 10" water line in the North Idaho Street Right -of -Way. (This item was previously tabled at the June 9, June 23 and July 14, 2003 City Council Meetings.) City Planner Gwen Goodwin gave the summary_ and recommendation and answered Council's questions. Assistant City Attorney read:.ORDINANCE 2003-2635 — AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 439, TOWN OF LA PORTE AND A PORTION OF THE NORTH IDAHO STREET RIGHT-OF-WAY, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember 1Vleismer to approve items 9. 10 and 11 as presented by Ms. Goodwin. Second by Councilmember Ebow. The motion carried. City Council Regular Meetif August 11, 2003 - Page 5 • Ayes: Engelken, Meismer, Mosteit, Warren, Ebow, Griffiths, and Malone Nays: Young Abstain: None I ITEM NUMBERS 12,13 AND 14 WERE VOTED ON SIMULTANEOUSLY BY COUNCIL See motion below 12. Council to consider authorizing the adoption of the C3 codes and other noted code books. Building Official Debbie Wilmore gave summary and recommendation and answered Council's questions. Staff made one change from the previous meeting, reviewing the local electrical code as a separate issue. The international residential code and the international energy conservation code are both state mandated items, these were reviewed at the previous meeting. The national electrical code (NEC) was reviewed; staff currently uses the NEC, and would like to adopt the 2002 edition. New items being considered and incorporated into our adoption ordinance; building construction and safety code NFPA 5000 (2003 edition), the National Fuel Gas Code (2002 edition), Uniform Plumbing Code (2000) and Uniform Mechanical Code (2000 edition). Those will be incorporated in to the Ordinance. Basically there are 3 amendments proposed under the National Electrical Code (2002 edition), these are existing amendments with the previous NEC; however, they have been updated to reflect the change in the new amendments. Under the amendment 82:342 of the Code of Ordinances, flexible conduit and PVC conduit for optional wiring in buildings, previously not listed in Code of Ordinances, added for additional options to the contractor. NEC Section 82:345 update with new code edition, table reference that the section of the code has changed, flexible conduit and PVC conduit was added for additional option to contractors. The final change to 2002 edition is 82:349, update only, deletion of a reference to Electrical Board, which was eliminated by Council several years ago. There was discussion among Council regarding items 12, 13 and 14. Motion was made by Councilmember Meismer to reject Item 12 as presented'by Ms. Wilmore. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Ebow, Griffiths, Young and Malone Nays: None Abstain: None Motion was made by Councilmember Griffiths to make an amendment to vote on Items 12, 13 and 14 simultaneously as presented by Ms. Wilmore. Second by Councilmember Warren. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Ebow, Griffiths, Young and Malone Nays: None Abstain: None Assistant City Attorney John Armstrong read Ordinance captions for Items 12, 13 and 14 concurrently. Assistant City Attorney read: ORDINANCE 96-2079-C — AN ORDINANCE ADOPTING NEW BUILDING CODES BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF City Council Regular Meetin — August 11, 2003 - Page 6 THE CITY OF LA PORTE BY AMENDING CHAPTER 82, `BUILDINGS AND BUILDING REGULATIONS", ARTICLE II "BUILDING CODES", SECTION 82-31 "ADOPTION", SECTIONS 82-32 AND 82-33 "AMENDMENTS", CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", SECTIONS 82-35 AND 82-36 "INSURANCE REQUIREMENTS", CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", ARTICLE III "PLUMBING CODE" SECTION 82-66 "ADOPTION" AND SECTION 82-67 "AMENDMENTS", CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", ARTICLE IV "ELECTRICAL CODE" DIVISION 3 "PERMITS", DIVISION 4 "INSPECTIONS", DIVISION 5 "STANDARDS", SECTION 82-336 "ADOPTION" AND SECTIONS 82-337 — 82-350 "AMENDMENTS", CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS" ARTICLE V "FUEL GAS CODE" SECTION 82-381 "ADOPTION AND SECTION 82-382 "AMENDMENTS", CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", ARTICLE VI "ENERGY CONSERVATION CODE" ADDING SECTION 82-411 "PURPOSE", SECTION 82-412 "ADOPTION", AND SECTION 82-413 "AMENDMENTS", CHAPTER 82 "BUILDINGS AND BUILDING CODE REGULATIONS", ARTICLE VII "MECHANICAL; CPDE. SECTION 82-441 "ADOPTION", AND SECTION 82- 442 "AMENDMENTS", CHAPTER 82 `BUILDING AND BUILDING CODE REGULATIONS", ARTICLE VIII "DANGEROUS BUILDINGS" SECTION 82-471 "SUBSTANDARD BUILDING DEFINITION", SECTION 82-471 "SUBSTANDARD BUILDING DEFINITION", PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. ITEM NUMBERS 12,13 AND 14 WERE VOTED ON SIMULTANEOUSLY BY COUNCIL 13. Council to consider authorizing adoption of an ordinance that amends.the city's local electrical code. Building Official Debbie Wilmore gave summary and recommendations and answered Council's questions. Assistant Secretary read: ORDINANCE NO.96-2079-D - AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BY AMENDING CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS", ARTICLE IV "ELECTRICAL CODE" DIVISION 1 "GENERALLY", DIVISION 2 "LICENSES AND CERTIFICATIONS"; DIVISION. 3 "PERMITS"; DIVISION 4 "INSPECTIONS"; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO -EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. ITEM NUMBERS 12,13 AND 14 WERE VOTED ON SIMULTANEOUSLY BY COUNCIL See motion below 14. Council to consider authorizing the adoption of the proposed permittinspection fees. (This item was tabled at the July 14, 2003 City Council Meeting.) Building Official Debbie Wilmore. gave summary and recommendation and answered Council's questions. City Council Regular MeetinAugust 11, 2003 - Page 7 Assistant City Attorney read: ORDINANCE 2003-2641— AN ORDINANCE ADOPTING NEW PERMIT AND/OR INSPECTION FEES BY AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; AMENDING APENDIX A "FEES", BY ADDING CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", ARTICLE III "PLUMBING CODE PERMIT FEE SCHEDULE" ; AMENDING APPENDIX A "FEES", BY AMENDING CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV, DIVISION 5 "INSPECTION FEES"; AMENDING APPENDIX A "FEES," BY ADDING CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS,: ARTICLE V "FUEL GAS CODE PERMIT FEE SCHEDULE"; AMENDING APPENDIX A "FEES", BY ADDING CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS", ARTICLE Vil "MECHANICAL CODE PERMIT FEE SCHEDULE"; AMENDING CHAPTER 82 "BUILDING REGULATIONS", ARTICLE XI "SWIMMING POOLS"' PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Meismer to reject items 12, 13 and 14, continue with the current codes, and assign an informal or formal board to review codes as presented by Ms. Wilmore. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Warren, Ebow, Griffiths, Young and Malone Nays: Mosteit Abstain: None 15. Council to receive a report from the Fill Dirt Committee Chairman Mike Mosteit provided Council with a report from the Committee. Mr. Mosteit thanked staff and other Committee members for their participation and input. The Committee recommends that Council consider the proposed ordinance, accompanying data, and consider repealing the moratorium. Committee Member Chuck Engelken would like to bring the drainage issues back to a future workshop. Mr. Engelken also would like to thank staff for their assistance. Councilmember Meismer also appreciates citizens, staff and the Committee. Mr. Meismer made reference to the State Code which citizens must comply with. 16. Council to consider approval of an ordinance amending Section 2019 Development, Section 4.08 Development Site Plans; General and Section 11.02, Drainage and Storm Sewer, of City of La Porte Ordinance 1444 regulating the platting or replatting of land into subdivisions in the City of La Porte and within the extraterritorial jurisdiction of the City of La Porte hereafter to be called Ordinance 1444-D. (This item was tabled at the July 28, 2003 City Council Meeting.) Supervising Engineer Robert Cummings presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 1444-D - AN ORDINANCE AMENDING SECTION 11.02, DRAINAGE AND STORM SEWERS, OF CITY OF LA PORTE City Council Regular Meeting August 11, 2003 - Page 8 ORDINANCE NO. 1444-A REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OFTTHE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mayor requested Council to break for a few minutes to allow the attorney to re -word the Ordinance at 8:08 p.m. Council reconvened at 8:27 p.m. Assistant City Attorney John Armstrong suggested adding a paragraph to the matrix regarding permit requirements Motion was made by Councilmember Warren to amend motion as stated earlier, clarifying load limits and permit requirements on the matrix. Second by Councilmember Ebow. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None Motion was made by Councilmember Mosteit to approve Ordinance 1444-D as presented by Mr. Cummings and reworded by Assistant City Attorney. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 17. Council to consider amending or other action on a resolution of the City Council of the City of La Porte, Texas, placing a moratorium on the acceptance for filing and the issuance of permits under Ordinance 1444-A, passed and approved on March 23, 1998, for altering the elevation of property within the corporate limits of the City of La Porte, The proposed Resolution 2003-19-A is attached. (This item was tabled at the July 28, 2003 City Council Meeting.) Supervising Engineer Robert Cummings presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION NO.2003-19-A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF PERMITS UNDER ORDINANCE NO. 1444-A, PASSED AND APPROVED ON MARCH 23, 1998, FOR ALTERING THE ELEVATION OF PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER 180 DAYS FROM THE DATE OF PASSAGE OF THIS RESOLUTION; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. City Council Regular Meetinn August 11, 2003 - Page 9 0 Motion was made by Councilmember Meismer to approve Resolution No. 2003-19-A as presented by Mr. Cummings. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 18. Council was asked to approve an Ordinance authorizing the City Manager to execute a contract with R. L. Utilities, Inc. in the amount of $218,749.00 for the construction of the project; and dditionally, authorize $10,037.00 for contingency. Director of Public Works Steve Gillett gave summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2648 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND RL. UTILITIES, INC., FOR THE REPLACEMENT OF THE CARLOW LAND AND EAST E STREET WAATERLINE, APPROPRIATING NOT TO EXCEED $218,749.00, PLUS A CONTINGENCY OF $10,937.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Meismer to approve Ordinance 2003-2648 as presented by Mr. Gillett. Second by Councilmember Ebow. The motion carried. Ayes: Engelken, Meismer, Mosteit, Warren, Young, Ebow, Griffiths and Malone Nays: None Abstain: None 19. WORKSHOP The Regular Meeting closed and the Workshop Meeting opened at 8:37 p.m. Mayor Malone discussed appointments of Boards and Commissions. The workshop closed at 9:18 p.m. and the Regular Meeting reconvened at 9:20 p.m. 20. ADMINISTRATIVE REPORTS City Manager Debra Feazelle reminded Council of Breakfast With The Stars -La Porte Education Foundation to be held Wednesday, August 13, 2003. Ms. Feazelle reported the Budget Workshop Meetings are scheduled for the week of August 18, 2003. 21. COUNCIL COMMENTS Councilmembers Engelken, Ebow, Meismer, Mosteit, Warren, Griffiths and Young had comments. 22. EXECUTIVE SESSION — PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL City Council Regular Meeting— August 11, 2003 - Page 10 PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS Council retired into Executive Session at 9:27 p.m. Council reconvened the Council Meeting at 10:28 p.m. 23. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken during Executive Session. 24. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10:29 p.m. Respectfully submitted, Martha Gillett City Secretary Passed and approved on this 25th day of August 2003 Norman Malone, Mayor • 0 C 0 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 25 2003 Requested By: Buddy Jacobs Department: Public Works Report: XX Resolution: Ordinance: Exhibits: Bid Recap Sealed Bids #0892 Exhibits: Bidder's List Exhibits: Appropriation Source of Funds: General Fund Account Number: 001-7071-5314015 Amount Budgeted: $155,000.00 Amount Requested: $31,450.00 Budgeted Item: X YES NO SUMMARY & RECONII"NDATION Advertised, sealed bids for the supply of Street Materials were opened and read on August 4, 2003. Bid requests were mailed to four (4) vendors with one (1) returning bid. Gulf States Asphalt Co. submitted the only bid for Items 1 & 2. Using estimated yearly quantities, the annual cost of this contract would be $31,450.00 This represents an increase of 17% for Item 1 and 14% for Item 2. The increase is mainly attributable to increased petroleum costs. Staff recommends award of the bid for the annual supply of street materials to Gulf States Asphalt Co. Funds for this contract are budgeted in the Streets Division Annual Operating Budget for FY 2002-03. Action Required by Council: Award bid for the annual supply of Street Materials to Gulf States Asphalt Co. as recommended by Staff Approved for City Council Agenda (Amo"ffi�a 7) De ra Feazelle, Ci Manag Date BID TABULATION - STREET MATERIALS - ASPHALT #0892 DESCRIPTION - CITY GULF STATES ASPHALT CO. 1. CUT BACK ASPHALT - MC-30 5,000 $1.15 PICKED UP 100 - 1,000 GALLONS TOTAL ITEM #1 $5,750.00 2. LIQUID ASPHALT CEMENT A. AC-5 DELIVERED 5,000 GAL OR MORE 10,000 NO BID B. AC-10 DELIVERED 5,000 GAL OR MORE 30,000 $0.83 C. AC-5 PICKED UP LESS THAN 1,500 GAL 1,000 NO BID D. AC-10 ICKED UP LESS THAN 1,500 GAL 1,000 $0.80 TOTAL ITEM #2 $25,700.00 GRAND TOTAL1 $31,450.00 Information represents pricing only, and other factors may or may not be considered during the evaluation process • 0 BIDDER'S LIST SEALED BID #0892 STREET MATERIALS - ASPHALT BRIDGES ASPHALT P.O. BOX 461171 GARLAND, TX 75046 PRIME MATERIALS PRODUCTS 600 CENTURY PLAZA DR. #100 HOUSTON, TX 77073 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 ADD SOUTHERN CRUSHED CONCRETE 14329 CRISHMAN ROAD HOUSTON, TX 77039 GULF STATES ASPHALT P.O. BOX 508 SOUTH HOUSTON, TX 77587 WRIGHT ASPHALT 704 SHELDON RD SUITE B CHANNELVIEW, TX 77530 BAYSHORE SUN PUBLISH DATES: JULY 20, 2003 JULY 27, 2003 • 0 REQUAT FOR CITY COUNCIL AG&A ITEM Agenda Date Requested: August 25, 2003 Requested By:Alex Osmnnd Department: Administration Report: Resolution: Ordinance: Exhibits: Purchasing Memorandum Exhibits: Bidder's List Exhibits: Golf Course Concessions Contract Aonronriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION On May 19; 2003, Sealed Bids #0103 — Golf Course Concessions Re -bid, were opened and read. Proposal requests were mailed to eleven (11) vendors with one (1) returned Kevin O'Brien with Gulf Coast Concessions and Catering submitted the only proposal and agreed to the new terms of the contract. Mr. O'Brien submitted a proposal of 25% of gross sales of food and beverage, with a minimum of $48,000 per year, excluding utilities. The term .of this contract is for three (3) years, with an option for the City to renew for a total of two (2) additional one (1) year periods. The contract date.begins October 1, 2003. Staff recommends entering into the said contract with Kevin O'Brien, Gulf Coast Concessions and Catering. Action Required by Council: Approve awarding contract for concessions at Bay Forest Golf Course to Kevin O'Brien, Gulf Coast Concessions and Catering. A roved for City Council Aaenda, Vbe�d3 bra . Feazelle Maug4r Date CITY OF LA PORTE INTEROFFICE MEMORANDUM PURCHASING.DIVISION To: Alex Osmond, Golf Course Pro From: Susan Kelley, Purchasing Manager Subject: RFP # 0103 — Golf Course Concessions, Re -bid Date: July 28, 2003 Advertised, Sealed Bids #0103 — Golf Course Concessions, Re -bid were opened and read on May 19, 2003. Proposal requests were mailed to eleven (11) vendors with one (1) returned. Kevin O'Brien w/Gulf Coast Concessions and Catering submitted the only proposal and agreed to the new terms of the contract. Mr. O'Brien submitted a proposal of 25% of gross sales of food and beverage, with a minimum of $48,000 per year. A copy of the proposal is attached for your review The current contract expires September 30, 2003 and this item may be placed on the agenda for the City Council meeting any time prior. Please remember to submit your recommendation with an agenda request form to the City Secretary, Purchasing Manager and Finance Director by the prescribed time. The following items should be included: ➢ This memo and- bidder's-list.as backup ➢ Date of requested council meeting Attachment: Copy of Proposal Bidder's List • 0- BIDDER'S LIST GOLF COURSE CONCESSIONS _ REBID RFP #103 BOONDOGGLE'S P.O. BOX 449 SEABROOK, TX 77586 EL TORO MEXICAN RESTAURANT 616 MAIN STREET LA PORTE, TX 77571 GULF COASTIGALVESTON 13225 4 % STREET SANTE FE, TX 77510 LANCE'S TURTLE CLUB 2613 '/ NASA RD 1 SEABROOK, TX 77586 SEABROOK CLASSIC CAFE P.O. BOX 406 SEABROOK, TX 77586 TORTILLA'S MEXICAN 9602 SPENCER HWY LA PORTE, TX 77571 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 CASUAL CATERING 616 N SHADY LANE LA PORTE, TX 775.71 FRANK GLASS P.O. BOX 1503 LA PORTE, TX 77572-1503 J.E. FLYNT P.O. BOX 9081 BAYCLIFF, TX 77518 LENOX BARBECUE & CATERING P.O. BOX 9384 HOUSTON, TX 77011 SONNY'S HAPPY CAJUN 129 N 10 STREET LA PORTE, TX 77571 BAYSHORE PUBLISH DATES: APRIL 27, 2003 MAY 04, 2003 GOLF COURSE CONCESSIONS/GULF COAST CONCESSIONS AND CATERING CONTRACT CITY OF LA PORTE The foregoing prices shall include all labor, materials, equipment, bailing, "shoring, removal, overhead, profit, freight, insurance, etc., to cover the finished work of the several kinds called for. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this proposal. Offeror understands that the Owner reserves,the right to reject any or all proposals and to waive any informalities in the proposal. The offeror agrees that this proposal shall be good and may not be withdrawn for a period of six (6) months after the scheduled closing time for receiving proposals. Respectfully submitted: Signature Kevin O'Brien Name (please print) Owner Title Gulf Coast Concessions and Caterino Business 13225 4-1/2 Street Address Santa Fe, TX 77510 City, State, Zip Code (SEAL - if bid is by a Corporation) CITY OF LA PORTE CERTIFICATION BY BIDDER The undersigned bidder hereby certifies it has been furnished a copy of City of La Porte Ordinance *98-2217 prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. If undersigned bidder is not in compliance with Ordinance 98-2217, . it hereby assigns to the City .of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. &urhe undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: Gulf Coast Concessions and Catering Address: 13225 4-1/2 Street Santa Fe, Tx 77510 1 Authorized Signature: k.A. - Printed Name: Kevin O'Brien rj r� CITY OF LA PORTE SPECIFICATIONS RFP # 103 BAY FOREST GOLF COURSE CONCESSIONS - REBID INTENT To secure an agreement for the provision of refreshment concessions at Bay Forest Golf Course. 1. All proposals must be on the form contained herein, signed in the space provided and accompanied by a surety bond, certified or cashier's check in the amount of $1,000.00 and made payable to the City of La Porte and included in a sealed envelope. 2. Letters of transmittal, financial statements and evidence of performance ability required to be submitted must not conflict with any of the conditions or specifications. 4. In signing this proposal, the offeror agrees that they have carefully examined the site of the concessions, the conditions and specifications, and understands the meaning, intent and requirements of same and agrees further to enter into a written contract to furnish the items and services called for in strict conformity with all requirements contained herein or forfeit bid surety. 5. Each offeror shall submit a copy of their most recent audited financial statement and a statement showing: (a) operating experience (b) present concession operations (c) present other operations (d) gross revenues (e) business references (f) other qualifications. Each offeror must have actively engaged for a period of at least one (1) year in the operation of the food and beverage business such as is contemplated by these qualifications. 6. The City of La Porte and the Bay Forest Golf Course Management anticipate the percentage of concessionaire's gross receipts to exceed $4,000 per month. However, a minimum of $4,000 per month shall be paid to the City of La Porte, regardless of receipts. 1 of 20 METHOD OF AWARD The City of La Porte will evaluate all returned proposals. The best proposals submitted by responsible offerors will be negotiated with the City of La Porte. "Best and final' proposals will then be submitted to the City for further evaluation. Council will award the contract to the Offeror whose proposal is the most advantageous to the City of La Porte. The following criteria will be used by the City to evaluate the proposals and to make a selection: 1. Experience with food and beverage retail 20% 2. Interest, suggestions, proposed actions to increase revenues 20% (Appendix A - Questionnaire ) 3. References 15% 4. Monthly percentage of gross sales proposed 15% 5. Quality of product 10% 6. Strength of financial condition 5% 7. Price, size and content of items to be sold 5% 8. Equipment to be installed 5% 9. Ability to meet all other conditions specked 5% 100% In further and full consideration of the exclusive concession lease, granted by the City by and under said Offeror, the subscriber agrees to pay to the City of La Porte, a minimum of $4,000, after first deducting from gross receipts any Federal; State, Municipal or other governmental body taxes, import, duty or fee which shall constitute a direct charge or imposition on sales, (but not including ad valorem taxes, and taxes based on income or employee wages, and like taxes), the percentages which the subscriber shall set forth in his offer, upon the aforementioned gross sales. It is understood that reports of gross sales shall be made monthly with said reports made to the City of La Porte. All payments shall be made monthly, as specified in Special Conditions and Specifications, paragraph #17, payable to the City of La Porte and delivered to the Director of Finance, or his designee, of the City of La Porte. Concessionaire agrees to pay the City of La Porte a monthly rate not less than $4-0Il0 or greater than the following: Further, as part of its bid, Concessionaire agrees to charge to the public the retail prices, exclusive of any sales tax, as shown on "Exhibit A", Proposed Price List attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Concessionaire agrees to pay an additional sum of $500.00 per month for utilities as stipulated in paragraph #11 in Special Conditions and Specifications. 2 of 20 Also attached hereto and made a ' part' hereof is Concessionaire's Statement of Qualification and Instructions to Offerer. The offeror, having familiarized himself with the notice to offeror, offeror's proposal form, plans and form of agreement in connection with the food and beverage concessions at the Bay Forest Golf Course, La Porte, Texas, hereby proposes to furnish the services and the payment set forth herein according to said instructions. Please indicate on attached sheets . any other qualifications which you feel particularly qualifies your company to perform the concessions operations set forth In the Instructions to Offerors. 25% percentage of gross sales of food and beverages, and any and all other items sold by concessionaire at Bay Forest Golf Course. *1 am willing to guarantee the City a minimum of $48,000.00 a year. The signer of this proposal certifies the above records of this firm's operations to be true and correct. NAME OF FIRM SUBMITTING APPLICATION: Gulf Coast Concessions and Caterino ADDRESS: 13225 4-1/2 Street Santa Fe, Tx 77510 PRINTED NAME: Kevin O'Brien SIGNATURE: I%.c •D(2>'t'; TITLE: Owner DATE: May 16, 2003 3of20 1, EXECUTION OF CONTRACT: The contract shall be signed and returned by the successful offeror, together with certificates of insurance within ten (10) days, not including Sundays, after the offeror has received notice that the contract has been awarded. No proposal shall be considered binding upon the city until execution of the contract. Failure to execute a contract and file an acceptable bond, as provided herein, within (10) days, not including Sundays, after the offeror has received notice that the contract has been awarded, shall be just cause for the cancellation of the award. 2. ASSIGNMENT: The Concessionaire shall not assign, transfer, convey, sublet or otherwise dispose of the contract, or any part thereof, to any person, partnership, company or corporation without prior written consent of the City of La Porte. 3. LAWS AND ORDINANCES: The Concessionaire shall procure all permits and licenses, pay all charges and fees necessary and incidental to the due and lawful conduct of the services. He shall keep himself fully informed of all existing and future National, State and Local laws, ordinances and regulations that in any manner affect the fulfillment of the contract andcomply with same. Concessionaire shall obtain a mixed beverage license from the Texas Alcoholic Beverage Commission, and keep such license in good standing during the term of this Agreement. Contractor will be responsible for any and all additions and/or changes in equipment design and layout necessary to comply fully with local Health and Fire Department regulations. Additional electrical service, plumbing or drain lines shall be approved by the City of La Porte, prior to planning and installation. Actual installation shall be according to all applicable State laws, regulations and ordinances of City of La Porte. Concessionaire must also provide approved filters for any and all exhaust systems that may be utilized or installed. 4. INDEMNIFICATION AGREEMENT: City and "Indemnification Agreement" in form attached herein, and made a part hereof for all purposes. 4 of 20 Concessionaire shall enter into an hereto, incorporated by reference 5. INSURANCE: Concessionaire shall maintain in effect at all times, insurance coverage as enumerated in "Indemnification Agreement" in form attached hereto, incorporated by reference herein; and made a part hereof for all purposes. Proof of insurance shall be submitted each fiscal year. 6. CONTRACT BOND: A Business Service Bond covering every and all requirements of the contract, in the amount of $5,000 shall be furnished concurrent with the execution of the contract. In lieu of a bond, a negotiable Certificate of Deposit from a bank in Harris County, Texas, or a Letter of Credit from a bank in Harris County, Texas may be furnished. 7. TERM OF CONTRACT: The term of this contract will be for a period of three (3) years, with an option for the City to renew for a' total of two (2) additional one (1) year periods. Contract shall be in effect beginning October 1, 2003. 8. AUTHORITY OF THE FACILITY MANAGER: The Golf Course Manager shall decide any and all questions which may arise as to the acceptability of services rendered and as to the manner of performance, all questions which arise as to the interpretation of the conditions and specifications, and all questions as to the acceptable fulfillment of the contract.' g. SUSPENSION OF THE CONTRACT: If at any time, in the opinion of the City of La Porte, the Concessionaire has failed to render services of proper quality, or has failed in any other respect to perform as specified and intended in and by the terms of the contract, notice thereof in writing will be served upon. him; and should he neglect or refuse to provide means for a satisfactory compliance with the agreement, directed by the City of La Porte, within the time specified in such notice, the City shall have the power to suspend the operation of the contract. Upon such suspension, the Concessionaire's control shall terminate and thereupon the City Council of the City of La Porte or its duly authorized. representative may employ other parties to cant' the contract to completion in such manner as the City Council may deem proper. Any excess cost arising therefrom will be charged against the Concessionaire and his sureties, who will be liable therefore. In the event of such suspension and .cancellation, all money due the Concessionaire or retained under terms of the contract shall be forfeited to the City of La Porte, but such forfeiture will not release the Concessionaire for his sureties from liability for failure to fulfill the contract. The Concessionaire and his sureties will be credited with the amount of money so forfeited toward any excess cost incurred, arising from the suspension of the contract and the completion of it by the 5of20 0 0 City of La Porte as provided, and the Concessionaire will be credited with any surplus remaining after all just claims for such completion have been paid. In determination of the question whether there has been any such noncompliance With the contract as to warrant the suspension of annulment thereof, the decision of the City, with the approval of the City Council of the City of La Porte, shall be binding upon all parties to the contract. 10. FACILITIES AND EQUIPMENT: Prospective offerors are invited to inspect, the locations and equipment and may do so during working hours by contacting the Golf Course Manager, Alex Osmond, at 281-471-4653. Each offeror shall submit, with his bid, a complete list of equipment (required and optional) he proposes to furnish for the concession operation, stating brand names, model- numbers, quantity, year -of manufacturer and other identifying data to properly outline his proposed operation layout. Successful offeror shall have completed installation of all equipment, to include new furniture both inside and outside the clubhouse, and be completely operational no later than October 10, 2003. The Concessionaire will be responsible for maintaining the assigned premises and equipment in good repair and the replacement of .any equipment damaged or missing through his operation. The cost of installing any new or added equipment, when approved by the City of La Porte, will be bome by the Concessionaire and such equipment will be his property. At the termination of the contract, the Concessionaire may remove his own equipment, but will be responsible for leaving the premises in their original state of repair, less normal wear and tear, or replace or reimburse the city for any damaged or missing equipment assigned to him. This will be done to the satisfaction of the City of La Porte, prior to releasing the Concessionaire of his sureties from obligation. Furniture used both inside and outside the clubhouse shall be replaced at least every two (2) years or upon recommendation by the Golf Course Manager. 11. UTILITIES: Utility bills in connection with concession operation, excluding telephone service, shall be the responsibility of the City. Concessionaire shall pay to the City the sum of $500.00 per month, in addition to other money owed, for a portion of the utilities. 6 of 20 12. ITEMS FOR SALE: The Golf Course Manager will approve price, size and content of all that is sold in advance. All drinks must be served in plastic or paper cups, or aluminum containers. Initial pricing shall be in accordance with "Exhibit A", Proposed Price List attached hereto. The Concessionaire may add, delete or make price adjustments from time to time, provided each item and price thereof is approved, in advance, by the Golf Course Manager. Concessionaire shall prominently and professionally display the prices of the products being sold. The Concessionaire shall provide "on course" food and beverage service Fridays, Saturdays, Sundays and holidays. Credit card sales must be available to patrons, i.e. Visa, MasterCard, and American Express. No food, ice or other items may be stored, cooked, prepared or bagged for sale or use at any facility other than Bay Forest Golf Course. 13. PRODUCT QUALITY AND BRAND: Quality of all products is to be of prime consideration in the operation of this concession contract. Food, once heated, shall not be reheated at a later time and offered for sale or served to the public. A system shall be employed in order to maintain properly sealed products and ensure product freshness at the time it is served. 14. JANITORIAL SERVICE AND CLEANING: Concessionaire must pass Health Department Inspections. Equally binding upon the Concessionaire are inspections conducted by the Golf Course Manager, of the facilities as deemed necessary or desirable. The clubhouse must be ' cleaned periodically throughout the day and thoroughly cleaned, including vacuuming at the close of each day in order to prevent the accumulation and spoilage of food residue. Any and all tables used by Concessionaire for any . reason must also cleaned after each use. Concessionaire is required to assure restrooms are clean and stocked at all times. City agrees to furnish supplies (paper products, trash liners, and cleaning solutions) for restrooms. Restrooms must be thoroughly cleaned by the end of each business day. Concessionaire shall maintain a monthly exterminating contract for the term of their agreement with the City and " ensure that proper extermination methods are used to eliminate all insects and rodents from the building. 7 of 20 15. UNIFORMS:. Concessionaire agrees to provide neat, matching uniforms for all concession employees. 16. SIGNS: The number, size, and working location of advertising signs must be approved by the Golf Course Manager. 17. BID FORM AND ACCOUNTING:. Proposal shall be based on a payment to the City of a percentage of the gross receipts exclusive of sales tax. Payment 'shall be a minimum of $4,000, even if the percentage of gross receipts is less than $4,000. Further, no proposal will be considered unless it is accompanied by: a resume of experience in the field contemplated; a list. of any proposed additional equipment to be installed; and business credit references, all to be filed on accompanying forms. The Concessionaire shall remit commissions due the City no later than ten (10) days following the last day of the month for which sales have been made along with reports of gross sales. Any payment postmarked after the specified date will incur a late charge of 10% of the balance due. After payment is one (1) month late, balance due will increase by 1 % each month until paid in full. If, at any time, payments are 90 or more days in arrears, the City will seek payment under the provisions of the contract bond. The Concessionaire shall maintain accounting records in a manner acceptable to the Director of Finance, of the City of La Porte. These records shall include, but are not limited to, separate records of all sales and purchases made by and for the concession operation. A daily ,report, accompanied by cash receipts attached to an itemized register tape, shall be submitted to the Director of Finance no less than once per week. The City reserves the right to install cash receipting systems, at its expense, to be used by Concessionaire in the. reporting process. The City reserves the right to make periodic audits of the accounts and inspections of the Concessionaire's operations. 18. CONCESSIONAIRE'S LOCATIONS: The City will furnish to the Concessionaire the sole and exclusive right to the use of clubhouse and storage space, as designated, for food and beverage service at Bay Forest Golf Course only, during the term of the concession granted. The Concessionaire shall have all rights of necessary ingress and egress to this area. 8 of 20 19. RIGHT OF ENTRY: The City, its officers, agents and representatives shall be permitted to enter the said premises at all reasonable times of the day to examine the same or to make such repairs therein as shall be deemed requisite by the City. Keys allowing entry will be provided by the City of La Porte. 20. DF_L IVERIES: Deliveries of all supplies, goods, wares, merchandise and equipment shall be made at the service entrance of said building and a person under hire by the Concessionaire will be on hand during deliveries to receive materials. 21. VENDING MACHINES: Placement and location of vending machines shall be made with prior approval of the Golf Course Manager. 22. CONCESSION EMPLOYEES: Concessionaire's employees at Bay Forest Golf Course shall have working knowledge of preparing and serving food to the public. The City of La Porte shall have access to references and verification of certification of all prospective concession employees. A concession manager, employed by Concessionaire shall be provided during peak business hours to ensure proper service is being provided to customers of Bay Forest Golf Course. All employees shall conduct themselves professionally both in appearance and actions to the satisfaction of the Golf Course Manager. 23. GENERAL : The services called for in this proposal shall be offered to the public at all times that a reasonable demand for such services exists, during such times which the Bay Forest Golf Course is open to the public and subject to the requirements set forth in the proposal. If for any reason the Golf Course is closed for reasons other than weather or daily maintenance, such as construction; negotiations with the City will be provided for any extension of this agreement. Where approval or direction of the City is required for items, prices or procedures not specifically covered herein, such approval or direction will normally be made by the Golf Course Manager. In the event that, during the term of this contract, the City expands, enlarges, or otherwise modifies the clubhouse facilities, additional equipment, furniture, and services may be required. Terms of this agreement may be re -negotiated at the completion of these modifications. 9 of 20 FINANCIAL STATEMENTS Please attach to this application blank your most recent financial statement and a statement of the amount of credit available to you with name of bank or banks. OPERATING EXPERIENCE Please state herein the number of years and the type of business operating experience, which you feel, qualifies your company to operate the concessions referred to in the instructions to applicants. TYPE OF OPERATION YEARS LQ=ON I am the current Bay Forest Concessionaire & this alone qualifies my company in my tenth year La Porte TX PRESENT OTHER OPERATIONS Please indicate below what other types of business operations your company is now operating, and the location of each operation you feel particularly qualifies your company to perform the aforementioned concession operations for .the Bay Forest Golf Course. WIT • U!•k_ GROSS REVENUES Please indicate below the approximate average gross annual revenues that you have developed in the past three (3) calendar years from food and drink business operations. $ 206,000.00 minimum (Bay Forest) L REFERENCES - SEE ATTACHED SHEETS Please indicate here, the names and addresses of persons in management capacity for Lessor of any of your operations for reference and recommendation. City of La Porte - 604 West Fairmont Parkway, La Porte, TX -Bay Forest Golf Course You, the City, have watched me for ten years and are aware of my abilities and are familiar with my operations. STATE OF TEXAS{ COUNTY OF HARRIS INDEMNIFICATION AGREEMENT THIS AGREEMENT, made thidWiday of , 2003, by the undersigned, (hereinafter referred to as "Indemnitor"), in favo of the City of La Porte, a municipal corporation, and Hams County; Texas, and their respective legal representatives, landlords, agents, employees, officers, and directors, (herein collectively called the "Indemnitees"). In consideration of Indemnitees permitting the Indemnitor or its agents, employees and representative (including) to enter upon and to place, construct or service equipment or material upon premises owned or controlled by Indemnitees; and/or to use any equipment owned or controlled by Indemnitees, Indemnitor agrees as follows: 1.0 INDEMNITY. To the fullest extent permitted by applicable law, Indemnitor shall and does hereby agree to indemnify, protect, hold harmless and defend the City of La Porte, a municipal corporation, and Hams County, Texas, and their respective legal representa- tives, landlords, agents, employees, officers, and directors, (herein collectively called the "Indemnitees") from and against all claims, demands, damages, injuries, losses, liens, causes of action suits, judgments, liabilities, costs, and expenses, including court. costs and attorney's fees, of any nature, kind or description (including without limitation, claims for injuries to or death of any person, or damages to or loss of any property) of any person or entity (including but not limited to employees, agents, and subcontractors of Indemnitor, and their dependents, and personal representatives, or other third parties), directly or indirectly arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the presence or activity of Indemnitor, its employees, agents and representatives, (including subcontractor on Indemnitees premises, (b) the condition of the Indemnitees premises, the adjoining land, or any of the driveways, streets, or alleys used in connection with the services of Indemnitor, (c) the use of any equipment by Indemnitor on Indemnitees premises, whether belonging to Indemnitor, Indemnitees, or otherwise, or the condition of said equipment, or (d) any act or omission of Indemnitor, any subcontractor, any of their respective employees, agents, servants, officers, directors, partners, or anyone directly or indirectly employed by Indemnitor or any subcontractor, or anyone that either Indemnitor or any subcontractor controls or exercises control over (herein collectively called the "Liabilities") THE OBLIGATIONS OF INDEMNITOR UNDER THIS INDEMNIFICATION SHALL APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN PART 'BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE. 12 of 20 Indemnitor shall promptly advise Indemnitees in writing of any action, administrative or legal proceeding or investigation as to - which this indemnification may apply, and Indemnitor, at Indemnitoes expense, shall assume on behalf of Indemnitees (and the other Indemnitees) and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to Indemnitees; provided, however, that Indemnitees shall have the right, at its option, to be represented therein by advisory counsel of its own selection and at its own expense. In the event of failure by the Indemnitor_ to fully perform in accordance with this Indemnification Agreement, Indemnitees, at its.option, and without relieving Indemnitor of its obligations hereunder, may so perform, but all costs and expenses so incurred by Indemnitees in that event shall be reimbursed by Indemnitor to Indemnitees, together with interest in the same from the date any such expense was paid by Indemnitees until reimbursed by Indemnitor, at the highest lawful rate of interest allowed under applicable usury laws of the State of Texas (or if no maximum rate is applicable, at the rate of eighteen percent (18%) per annum) This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers compensation acts, disability benefit acts or other employees' benefit acts. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Section 1.0, such legal limitations are made a part of the indemnification obligation and shall operate to. amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements. of such limitations, and as so modified, the indemnification. obligation shall continue in full force and effect. 2.0 INDEMNITORIS INSURANCE. Indemnitor shall, at its sole cost and expense, maintain in effect at all times insurance coverages with limits not less than those set forth below in the Schedule of Insurance Coverages with insurance companies licensed to do business in the State of Texas (with a Bests rating of no less than A) and acceptable to Indemnitees and under forms of policies satisfactory to Indemnitees. All such policies shall be written on an occurrence (not claims made) basis. Coverage Workers Compensation Employers Liability Minimum Amounts and Limits Statutory Limits $500,000 The policy shall include a Waiver of Subrogation in favor of the Indemnitees (as defined in _Section 1.0 of this Agreement). 13 of 20 • Bodily Injury (Occurrence Basis) Property Damage -(Occurrence Basis) $1,000,000 each occurrence, or equivalent, subject to a $1,000,000 aggregate applicable to the Project. $100,000 each occurrence, or equivalent, subject to a $1,000,000 aggregate applicable to the Project. This policy- shall be on a form acceptable to Indemnitees, endorsed to include the Indemnitees as additional insureds, contain a Waiver 'of Subrogation in favor of the Indemnitees, and shall include the following coverages: (1) Premises/Operations (2) Independent Contractors (3) Liquor and Product Liability (4) . Broad Form Contractual Debility specifically in support of, but not limited to, the indemnity provisions contained herein Broad Form Property Damage (6) Personal Injury Liability with employee and contractual exclusions removed Bodily Injury $500,000 combined single limit Property Damage $500,000 combined single limit 2.01 Indemnitor's Equipment Policy.: Any such insurance policy covering Indemnitor's or its subcontractor's equipment against loss by physical damage shall include an endorsement waiving the insurer's .right of subrogation against the Indemnitees. Such insurance shall be Indemnitor's and its subcontractor's sole and complete means of recovery for any such loss. Should Indemnitor or its subcontractors choose to self -insure this risk, it is expressly agreed that the Indemnitor and its sub hereby waive any claim for damage or loss to said equipment in favor of the Indemnitees. 2.02 Evidence of Insurance: Evidence of the insurance coverage required to be maintained by the Indemnitor under this Agreement, represented by Certificates of Insurance issued by the insurance carrier, must be furnished to the Indemnitees prior to Indemnitor commencing the Work. Such Certificates of Insurance shall specify the additional insured status required by this Agreement, waivers of subrogation, that all broad form general liability coverages are provided -and other requirements set forth in this Agreement, and shall state that the Indemnitees will be notified in writing thirty (30) 14of20 days prior to the cancellation, change, reduction in coverage, or non -renewal of such insurance at Indemnitees' address set forth on the first page of the Agreement. Indemnitor shall provide to Indemnitees a certified copy of any and all applicable insurance policies upon request of Indemnitees Renewal policies, if necessary, shall be delivered to Indemnitees at least ten (10) days prior to the expiration of the previous policy. None of the requirements contained herein as to types, limits, or Indemnitees's approval of insurance coverage to be maintained by Indemnitor is intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Indemnitor under the Contract Documents or otherwise provided by law. In the event of any failure by Indemnitor to comply with the provisions of this Agreement, Indemnitees may, without in any way compromising or waiving any right or remedy at law or in e I on notice to Indemnitor, purchase such insurance, at Indemnitor's expense, provided that Indemnitees shall have no obligation to do so and if Indemnitees shall do so, Indemnitor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 2_ohr_nntranf.,. - Insurance similar to that required of Indemnitor shall be provided by all subcontractors (or provided by Indemnitor on behalf of subcontractors). to cover their operations performed under the Contract Documents . Indemnitor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. - Indemnitor shall maintain Certificates of Insurance from all subcontractors, enumerating, among other things, the waivers in favor of, and insured status of, the Indemnitees, as required herein, and make them available to Indemnitees upon request. The term "subcontractor(s)" for the purposes of this Agreement shall include subcontractors of any tier. 704 R _ eAS8 and Wa1VAr• - Indemnitor hereby releases, and shall cause its subcontractors to release, Indemnitees and the other Indemnitees from any and all claims or causes of action whatsoever which Indemnitor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered or which should have been covered by insurance, including the deductible portion thereof, maintained and/or required to be maintained by Indemnitor and/or its subcontractors pursuant to the Contract Documents . Indemnitees hereby waives all claims against Indemnitor for damages caused by fire or other perils to the extent of the insurance proceeds that Indemnitees is entitled to retain from the policies described in this Agreement. 15 of 20 3.0 COMPLIANCE WITH LAWS: Indemnitor, in performing - any labor or using any equipment of Indemnitees premises, as contemplated in this Agreement, will fully comply and ensure that its agents employees, representatives and subcontractors conduct their activities on Indemnitees premises in a manner which will fully comply with all safety and health standards established by any applicable federal, state or municipal statute, regulations or ordinance, including, without limitation, the federal Occupational Safety and Health Act, as amended. 4.0 COSTS: Should it become necessary for-Indemnitees to incur any cost or expenses, whether direct or indirect, including, but not limited to, attorney's fees, investigator's fees, collection costs, or court costs, in connection with any claim or demand for which indemnification is provided by this Agreement, or in connection with any attempt to recover losses incurred on such claims or demands, or in - connection with the enforcement of this Agreement, Indemnitor agrees to fully reimburse Indemnitees for such costs and expenses. 5.0 SEVERARILITY: Any provision, covenant or agreement contained in this Agreement which is found to be prohibited by law or void or unenforceable shall not invalidate the remainder of this Agreement. 6.0 TERM OF AGREEMENT: This Agreement shall remain in full force and effect contemporaneously with City of La Porte RFP #0103, contract for food, beverage and concession items at the Bay Forest Golf Course, and any extensions thereof, and shall remain effective as to losses, liabilities and expenses, including claims therefor, arising prior to the date of expiration of said contract, and any extensions thereof. INDEMNITOR (Name f Company) By: 0 C-)-L%- NAME: Kcut o'AR/iFN TITLE: © w N L^ VZ - 16 of 20 INDEMNITEES City of La Porte By: Debra Feazelle City Manager Harris County, Texas EXHIBIT A PROPOSED PRICE LIST PLEASE SEE ATTACHED LIST FOR ITEMS' AND PRICES Hamburgers* Cheeseburgers* Hot Dogs* Cold Sandwiches French Fries Chips Candy Breakfast Other *Please indicate meat weight before cooking TOURNAMENT MENU (Please describe each Item directly below) Barbecue Cold Sandwich Buffet Sack lunch Hamburger Buffet Breakfast Other i 7 ^9 IM • EXHIBIT A (Continued) PROPOSED PRICE LIST PLEASE SEE ATTACHED LIST FOR ITEMS AND PRICES Coffee Tea Soft Drinks (include size) Beer Wine Mixed Drinks (bar) Mixed Drinks (call) Fruit Juice Sport Drink Other Fryers (2) . Range (Grill) 3 Compartment Sink Freezer Refrigerator Ice Machine Hand Sink Stainless Steel Table(s) Sandwich Case Beverage Boxes Matching tables and chairs (inside) to accommodate a minimum of fifty (50) people. Matching tables and chairs (outside) to accommodate a minimum of forty-eight (48) people. 18 OF 20 C� 13010144-W" $3.50.......... 1/3 lb. Hamburger $4.95 with fries $3.50.......... 1/3 lb. Cheeseburger $4.95 with fries $2.50.......... 1/4 lb. Hot dog $2.75.......... 1/4 lb. Chili dog $2.75.......... 1/4 lb. Corn dog $3.50.......... Dell sandwich Roast Beef Turkey & Cheese Ham &- Cheese $2.95.......... Box sandwich $3.50.......... Chicken salad sandwich $2.95........... Tuna salad sandwich $3.50.......... Patty melt $4.95 with fries $3.50.......... B-L-T $4.95 with fries $3.50.......... Grilled chicken sandwich $2.95.......... Grilled Cheese sandwich $3.95.......... Chicken tenders $3.95... .......Cheesesticks & fries $3.95.......... Stuffed jalepenos & fries $2.00.......... French Fries $2.00.......... Onion Rings $3.75.......... Garden salad $4.50.......... Chicken salad $ .75.......... Assorted chips $1.00.....:.... Assorted candy bars $1.00.......... Assorted cakes & pies $195.......... Breakfast $ .60.......... E99 $1.50 ........... Bacon $1.50.......... Sausage $ .75.......... Toast $ .90.......... Hashbrown $1.00......... 16oz Coffee $ .75..........12oz Coffee $1.50.......... Orange juice $1.00.......... Milk $1.00........... Soda - small (16 oz) $2.00.......... Soda - large (32 oz) Fountain soda Lemonade Tea Fruit Punch $2.00.......... 9 oz bottle Water $3.00......... 32 oz Gatorade $3.00......... Bar liquor $3.00.......... Call liquor $4.00......... Premium liquor $2.00......... Wine $2.00......... Beer $9.50......... Beer - six pack *These are the current prices being charged and are negotiable • • BBQ- $7.95*' Brisket, sausage or chicken ( choice of two ) Potato or Macaroni salad Ranch beans - Cole slaw Relish tray - Bread Iced Tea COLD CUT BUFFET - $ 6.95* Ham - Turkey - Roast Beef American cheese - . Swiss cheese - Bread Potato salad. or Macaroni salad Coleslaw - Chips Iced Tea HAMBURGER - $ 6.95* American or Swiss cheese Potato salad or Macaroni salad. - Baked beans - Potato clips Iced Tea HAMBURGER • $ 5.95* American or Swiss cheese Potato chips Iced Tea BOX LUNCH - $ 5.95* Ham or Turkey sandwich with American or Swiss cheese (served on a hoagie bun) Chips - Fruit - Coolie Iced Tea BEVERAGE CART AVAILABLE *PRICE DOES NOT INCLUDE SALES TAX OR GRATUITY **These are current prices and are negotiable PRODUCT SUPPLIERS AND DISTRIBUTORS I have or am currently doing business with the following food and beverage / restaurant suppliers: ADMIRAL LINEN - HOUSTON DR. PEPPER — GALVESTON COCA -COLA - HOUSTON SYSCO FOOD SERVICE — HOUSTON DEMACK PRODUCE — GALVESTON DITTA MEAT CO. — PASADENA CAINS COFFEE — HOUSTON KR.AFT FOOD SERVICE — HOUSTON MARTIN FOOD SERVICE — HOUSTON SOUTHERN PRODUCE — HOUSTON SEAFOOD WHOLESALERS — HOUSTON MRS. BAIRD'S — HOUSTON INSTAWHIP — HOUSTON BLUE BELL ICE CREAM — HOUSTON ALLIANCE FOODS — HOUSTON LE CHARM — HOUSTON DIENST DISTRIBUTING — GALVESTON DEL PAPA DISTRUTING — GALVESTON GALVESTON BEVERAGE — GALVESTON WISMER DISTRIBUTING— HOUSTON FAUST DISTRIBUTION — HOUSTON STEFANI DISTRIBUTION — HOUSTON A.C. LIQUOR — HOUSTON HILL'S LIQUOR — LEAGUE CITY MAIN PAPER — LEAGUE CITY DREYER'S ICE CREAM —HOUSTON LUKE'S MEAT MARKET — GALVESTON SILVER EAGLE - HOUSTON HOUSTON DISTRIBUTING-.HOUSTON ADLER'S RESTAURANT SUPPLY — GALVESTON TONY'S BAR SUPPLY - HOUSTON PARROT ICE DRINK SUPPLY — HOUSTON LEMON CHILL — DALLAS LIBERTO BROTHERS SUPPLY — HOUSTON PEPSI — COLA — HOUSTON ICE EXPRESS — HOUSTON SAM'S WHOLESALE CLUB (top 50 member) HOUSTON AND TEXAS CITY I could list more, but this will give an overall example of suppliers with which I have a good working relationship as well as a good payment record • Back-up not required for this item '- 0 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 25, 2003 I Appropriation Requested By: Cynthia Alexander VIVi Department: Monaco Report: Resolution: Ordinance: Exhibits: Exhibits: Exhibits: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: WA Budgeted Item: YES NO SUMMARY & RECOMMENDATION In accordance with Article IV, Section 4.03 of the City's Charter, Council shall determine the place and time of the Public Hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a Public Hearing. Staff is recommending that a Public Hearing for the Fiscal Year 2003-2004 Proposed Budget be held on Monday, September 8, 2003, at the regularly scheduled Council meeting, which begins at 6:00 p.m. Action Required by Council: Approve the recommended date of September 8, 2003, for the Public Hearing on the City's FY 2003-2004 Proposed Budget. Approved for City Council Agenda �) & &m �, d&.-I ebra B. Feazelle, City Mana r -u - e� Date Back-up not required for this item 0 0 • �� A • 0 NO BACK-UP REQUIRED FOR THIS ITEM August 2003 Senior Services Menu MONDAY TUESDAY WEDNESDAY THURSDAY Sloppy Joe Parslied Potatoes** Baked Beans Hamburger Bun Seasonal Fruit 4 5 6 7 8 Beef Tips Chicken Marinate Sausage/Pepper/Onion Spaghetti Casserole Acapulco Chicken Rice Green Peas Red Beans & Rice Herbed Green Beans Pinto Beans Winter Vegetables Orange Carrots Cabbage Hrbed: Green Beans Spinach Orange Juice Dinner Roll Grape Juice Green Salad Wheat Bread Texas Bread Yellow Cake Cornbread Wheat Roll Applesauce Sugar Cookies Seasonal Fruit Peach Cobbler 11 12 13 14 15 Grld Beef Fingers w/gravy Turkey Pot Pie Salisbury Steak w/gravy MooGoo Gai Pan Chicken Patty Whipped Potatoes** Country Corn Green Peas Rice Baked Beane Orange Carrots Mixed Greens Sweet Potatoe Cass Cranberry Juice Lettuce & Tomato Wnd Fruit Juice Texas Bread Cornbread Dinner Roll Broccoli Hamburger Bun Chocolate Cake Seasonal Fruit Fresh Orange Wheat Bread Hot Peach Slices Fortune Cookie F Onions 18 19 20 21 22 Turkey w/Rice Cass Angus Beef Patty w/Gravy Creole Chicken Tuna Mac Salad Glazed Turkey Ham Lima Beans Cheery Potatoes Cajun Rice Brocolli/Tomato Salad Blackeyed Peas Country Tomatoes Mixed Vegetables French Gm Beans Saltines no Salt Spinach Wheat Bread Rye Bread Tossed Salad ChocoChip Cookie Cornbread Seasonal Fruit Cherry Cake Wheat Bread Fresh Banana Seasonal Fruit 25 26 27 28 29 Meatloaf w/gravy Chicken Salad Tarragon Beef Chicken w/mshrm gravy BBQ Beef Summer Vegetables Carrot/Raisin Salad Rice Green Peas w/onions Baked Beans Cntry Potatoes Three Bean Salad Spinach Whipped Potatoes**. Coleslaw Summer Vegetables' Saltines no salt Org/Pnapple Juice Texas Bread Hamburger Bun Dinner Roll Fresh Orange Cornbread Cherry Gel w/Peaches Peach Cobbler Yellow Cake Seasonal Fruit ** Contains Sulfides 7/23/2003 Iti • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested August 25 2003 Requested By: Norman Malone, mayor Department: Mayor and City Council Report: Resolution: Ordinance: Exhmhitgo Exhibits: List of Outstanding Vacancies Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Various appointments to Boards and Commissions expire in August and some vacant positions need replaced. City Council needs continue discussions and provide the City Secretary with direction. Action Required by Council: Provide City Secretary with direction on appointments expiring in August, 2003 and replacement of vacant positions. Approved for City Council Agenda 0&wj ',Lo -� Debra B. Feazelle, City Mana Date • BOARDS AND COMMISSIONS OUTSTANDING VACANCIES Civil Service Commission — Report from City Manager. Lindsay Pfeiffer Chairman — Expired 8-31-2002 — Moving out of the City in the future. Vacant Position — Vacated by Barry Beasley Bobby Powell — Term expires 8/31/2003 Fire Code Review Committee — Rick Luna called and said he would like to be removed from the Board. This is a district appointment for District 5. La Porte Area Water Authority — Discussion Needed Position 2 — Vacated by Al Fields Planning and Zoning Commission — Need to provide staff with direction on adding alternate positions. TIRZ and La Porte Redevelopment Authority - See attachments from John Joerns. Waiting on confirmation of Harris County Appointment Chapter 172 - Needs staff recommendation to City Council Contractor's Review Board — determine if board is needed and provide staff with direction NO BACK-UP REQUIRED FOR THIS ITEM