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HomeMy WebLinkAbout2008-04-14 Regular Meeting of La Porte City Council 5 -,._._,..-..... ...._,,- _.~_...'-"-,,," A --------- ---- ~"------------- MINUTES OF A REGULAR MEETING OF THE LA PORTE CITY COUNCIL April 14, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Porter at 6:03 p.m. Members of City Council Present: Mayor Porter, Mayor Pro-Tem Rigby, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Barry Beasley, Chuck Engelken and Howard Ebow Members of Council Absent: Georgia Malone. Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark Askins, City Manager Ron Bottoms, Finance Director Michael Dolby, City Secretary Martha Gillett, Chief of Police Richard Reff, Human Resources Manager Heather Wedger, Office Coordinator Melisa Lanclos, Planning Director Tim Tietjens, GIS Manager Brian Sterling and a number of other employees and volunteers. Others present: Adam Yanelli of the Bayshore Sun, Phillip Hoot, Dave Klingman, Mrs. Klingman, Debra Hoot, Brent Heckendorn, Larry Spasic, Trent Wise, Kim Powell, Geri Powell, Ted Powell, Aubrey Tucker, Leonard Zlomke, Curtis Wolff, Randa Spence, Kathryn Aguilar, Bob Hagerty, Mark Key, Ray Key and a number of citizens. 2. Reverend Charles Monette of S1. Mark's United Methodist Church was not present to lead the invocation. The invocation was delivered by Assistant City Attorney Clark Askins. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A TIONSI PROCLAMATIONS Mayor Porter presented a proclamation recognizing "San Jacinto Week" Mayor Porter recognized Co-Employees Officer Dutch Lane and Officer Jeff Kominek of the Police Department as Employees of the First Quarter of 2008. 5. CONSENT AGENDA A. Consider approving Minutes of the Special Called Meeting and Public Hearing of the La Porte City Council held on April 7, 2008. B. Council to consider approval or other action regarding an ordinance authorizing the City of La Porte to enter into a Water Service Agreement and Sanitary Sewer Service Agreement With Kelley Fairmont, Inc. (Ord. 3072) - R. Bottoms/Brian Sterling Page 2- Minutes of Regular Council Meeting of April 14, 2008 C. Council to consider approval or other action of an ordinance amending City of La Porte Fiscal Year 2007-2008 Budget (Ord. 3024-F) - M. Dolby Councilmember Rigby pulled item C for discussion. Motion was made bv Councilmember EnQelken to approve the consent aQenda as presented. Second by Councilmember Ebow. The motion carried. Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Beasley, Engelken and Ebow. Nays: None Abstain: None Absent: ..Norre' IttCll 0 vte 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. Bob Hagerty, 2601 South Broadway, La Porte, Texas, spoke about the new weed and mowing regulations, expressing his concerns. Ted Powell, 1700 Roscoe, La Porte, Texas, spoke about the Sylvan Beach Hotel Project and his opposition. Geri Powell, 1709 Roscoe, La Porte, Texas, spoke about the Sylvan Beach Hotel Project and her opposition. Dr. Aubrey Tucker, 1314 Kaywood, Houston, Texas, spoke about the Sylvan Beach Hotel Project and expressed concerns. Ms. Steph Mc Dugal, 136 Seamist, League City, Texas, spoke about the Sylvan Beach Hotel Project and desire to preserve the history of the Sylvan Beach Pavilion. David Klingman - 3810 Pecan Cr., La Porte, Texas, spoke about concerns with the Sylvan Beach Hotel Project. Brent Heckendorn - 518 W. Main, La Porte, Texas, spoke about concerns with the new weed and mowing regulations, expressing his concerns. 7. Administrative Reports Page 3- Minutes of Regular Council Meeting of April 14, 2008 City Manager Ron Bottoms provided Administrative Reports on the following: Council Retreat - April 19, 2008 - Police Department - 8:30 a.m. - 2:00 p.m. Dignitaries Breakfast (Sylvan Beach Day) - La Porte Recreation/ Fitness Center - April 26, 2008 - 8:30 a.m. - 9:30 a.m. 52nd Annual Sylvan Beach Parade - April 26, 2008 -10:00 a.m. Fiscal Affairs Meeting - April 28, 2008 - 5:00 p.m. City Council Meeting - April 28, 2008 - 6:00 p.m. April 28, 2008 - May 6, 2008 - Early Voting Drainage and Flooding Committee Meeting - May 12, 2008 - 5:00 p.m. Additional items reported that were not on agenda: Mr. Bottoms also mentioned the Triathalon to be held on March 20, 2008. Mr. Bottoms announced the Meet and Confer Meeting scheduled the week of April 14th has been cancelled. Mr. Bottoms introduced the new Planning Director Tim Tietjens and welcomed him to the City of La Porte team. 8. Council Comments- Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, Beasley, Malone and Porter. 9. Executive Session - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELBERATION 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) 551.071 (Pending or Contemplated Litigation) Meet with City Manager and City Attorney to discuss ongoing annexation of territory in the Battleground Industrial District Page 4. Minutes of Regular Council Meeting of April 14, 2008 Council retired to Executive Session at 6:56 p.m. and returned to Regular Meeting and reconvened at 7:31 p.m. 10. Considerations and possible action on items in executive session. There was no action taken in Executive Session. Council received report from City Attorney regarding settlement negotiations with landowners and gave direction to City Attorney to draft settlement agreement. 11. There being no further business to come before Council the Special Called Meeting was duly adjourned at p.m. 7:32. Respectfully submitted, 0rltW/;~~ Martha Gillett, TRMC, CMC City Secretary Passed and approved on this 28th day of April 2008. ~tS?~ Mayor Alton E. Porter B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Budl!et Requested By: Source of Funds: Department: Police Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Click It or Ticket Resolution Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Consider for action a Resolution authorizing the City Manager to execute documents accepting a " Click It or Ticket" Enforcement Grant for Fiscal Year 2008 for approximately $8,000.00 for overtime from the Texas Department of Transportation, for enforcement of the program from May 21 through June 13,2008. rizing City Manager to sign grant and other documents for "Click It or Ticket" campaign. RESOLUTION J.. 00 ~ ..()S' **** WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families; and WHEREAS, the community's health care system and emergency response resources are significantly impacted by injuries of traffic crashes; and WHEREAS, research shows that using safety belts and child safety seats is still the single most effective way to reduce injuries and save lives in traffic crashes; and WHEREAS, research shows that when a drive in unbuckled, 70 percent of the time children in that vehicle are also unbuckled; and WHEREAS, the National Highway Traffic Safety Administration estimates that when safety belt use in Texas reaches 85 percent, each year 241 lives will be saved, 5,275 nonfatal injuries will be prevented and $392 million in economic savings to society will result; and WHEREAS, the "Click It or Ticket Texas" campaign includes intensified law enforcement and public education to get everyone in the community into the safety belt habit; NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all documents for the "Click it Ticket Texas" campaign, May 19 thr une 1, 2008; joining public and private sector leaders across Texas supporting e cam aign and do urge all residents and visitors of La Porte to buckle up themselves and bu Ie up their children to protect life and the quality of life in this community. ATTEST: J/I!lIlJ-JJzi (1dJJ City Secretary ~~ L,\~ Mayor, City of La Porte 7 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 4/28/08 Requellted By, Tim Tietje.. @ Department: Plannine: ADDroDriation Source of Funds: 015 (CIP) Account Number: 015-9892-859-1100 Amount Budgeted: $34,182.00 Report: --X- Resolution: Ordinance: -X- Amount Requested: $34,182.00 Exhibits: Ordinance Award Notification Letter Ae:reement Budgeted Item: Yes SUMMARY & RECOMMENDATION In 2002 and 2005, the City of La Porte applied for and received U.S. Department of Housing and Urban Development (HUD) HOME grants which have been used to fund down payment assistance programs and new construction programs as part of the Northside Neighborhood affordable housing program. As part of its continued commitment to provide affordable housing stock and renewal to the City's north side neighborhoods, staff submitted an additional grant application for $460,000 in June, 2007 to construct four additional single family homes (501, 505, 509, and 513 North 7th Street). HOME grants require a minimum 25% match in a combination of "in-kind" funding and/or cash contributions. The city chose not to pursue the down payment assistance portion of the grant so as not to compete with the Harris County's down payment assistance program. The City was notified of this tentative grant award on November 21, 2007. Subsequent to City Council appro va], Harris County Commissioners Court will formally approve the subrecipient funding agreement. In December of 2007, the County modified the budget amount to include $6,900 additional dollars to fund Harris County inspection costs. The final amount awarded to the City of La Porte through this applreation phase is $466,900. The city's match will be 25% of the original application amount, or $115,000. Of this amount, the city will contribute $80,818 of "in-kind" costs as follows: Waived Permits and Fees Appraised Value of Land Appraisa] Fees Waived Liens Re]ease of Lien and Deed Recording Fees Professional Services for Survey/Engineering & Phase 1 Environmental Waterline Extension Total "In-Kind" 15,755 50,000 800 ],363 300 3,800 8,800 80,818 Cash contribution will total $34,182 to cover the contractual 25% match. Future Council action will consider award of contract with a project builder and service contract for marketing/closing assistance. /09 ORDINANCE NO. 2008- 30'13 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT FOR AN AWARD IN THE AMOUNT OF $466,900.00 FROM HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT FOR FUNDING THE CITY OF LA PORTE'S HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM; APPROPRIATING A SUM OF UP TO $34,182.00 IN CITY MATCHING FUNDS TO FURTHER THE CITY'S GOAL OF PROVIDING AFFORDABLE HOUSING; MAKING VARIOUS FINDINGS AND PROViSIONS RELATiNG TO THE SUBJECT; FINDING COMPUANCE WITH THE OPEN MEETINGS LAW; 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 agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of up to $34,182.00 from Capital Improvement Account Number 015-9892-859-1100, to fund said Home Investment Partnership (HOME) Program. 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. ORDINANCE NO. 2008 3D'l3 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 'J.!II'-aay of <... ~ ,2008. CITY OF LA PORTE ~LV~ By: Mayor ATTEST: '--1/n1~ City Secretary APPROVED: U4Ar~ City Attorney David B. Turkel Director . RECEIVED HARRIS COUNTY, TEXAS I' p "It COMMUNITY & ECONOMIC DEVELOPMENT ~'i>~NT v1l8~ l~h'{~~~%rive g~tb\f,ITe~as 77054 Tel (713) 578-2000 Fax (713) 578-2190 November 21,2007 Mr. John Joems Interim City Manager City of LaPorte 604 W. Fairmont Parkway LaPorte, TX 77571 Attn: Wayne Sabo RECEWEO NOV 2 9 2007 .'N. G D~PL N~{L ,".' .?-h RE: PY2008 Annual Action Plan Northside Neighborhood Project III Project Number: 2008-0045 ~~ Dear Mr. JVV~ ) We are pleased to inform you that the above referenced project has been approved for a conditional award in the amount of $460,000.00 in HOME Investment Partnerships (HOME) Program funds. This award is contingent upon the following: 1) Approval from the U.S. Department of Housing and Urban Development (RUD); 2) Completed plans and specifications submitted for review by January 31, 200~. Please note that as part of the implementation of the project, the Harris County Public Infrastructure Department will provide project administration and inspection services. To cover these expenses, the Harris County Community and Economic Development Department (HCCEDD) has increased the awarded amount indicated above by one percent. In addition to meeting the conditions indicated above, you are required to provide the following items prior to contract development: 1) A written response on letterhead acknowledging your organization's acceptance of the conditional award; 2) Copies of all project-related subcontracts currently in effect or that will be in effect as of March 1,2008; 3) An updated budget detailing how you will utilize the conditional award. All documentation should be sent to the attention of Ms. Shanna LeBrum no later than December 21,2007. If you have questions regarding the requested information, please contact Ms. LeBrum at (713) 578-2051. (J David Turkel Director DT/DL/lcc/mjg/sl . J:\Development\AAP\2008 Annual Action Plan\Letters\Awarded\HOME\MergedHOMELetter.doc HARRIS COUNTY, TEXAS COMMUNITY SERVICES DEPARTMENT David B. TUl'l{el Director Daphne Lemelle Community Developmellt Director Office of Housing & Community Development 8410 Lantern Point Drive Houston, Texas 77054 Tel (713) 578-2000 Fax (713) 578-2269 RECEIVED Mr. Ron Bottoms, City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571-6215 MAY 072009 CITY MANAGERIS OFFICE May 6, 2009 RE: Deobligation of Awarded HOME Funds for Northside Neighborhood III Single Family New Construction Project Project No. 2008-0045 Dear Mr. Bottoms: Due to the troubled housing market slowing sales of the Northside Neighborhood II Single Family New Construction Project (NNIl), we regret to inform you that we will deobligate the awarded HOME funds for the Northside Neighborhood III Project (NNIII). While we believe the project is wOlthwhile, HOME funds have very specific expenditure deadlines which we may not meet if we proceed with NNIII. We encourage you to reapply for future funding of the NNIII Project. If you have any questions, please contact Dwight Wolf at 713-578-2261. Sincerely, v~ A..lk\i2.l,U~ Eliz.!b~ R. Winfrey d Assistant Director ERW/dw/sb ~ ~~ ~ f\.~ \lbcceddfs3\Grantsman\gmshare\QA\AflordabJeHollsingT eam(2)\Projecls\Cil}'ofi.aPortelNorthside Housing III\Contracts\Tcnninfttion Letter 05-4-09 PN200S-0Q45( erw).doc 8 J REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 4/28/08 Requested By: Tim Tietjens c:{\ Appropriation Source of Funds: NtA Account Number: NtA Department: Plannin!! Amount Budgeted: Nt A Report: .-X..- Resolution: _Ordinance: -X- Amount Requested: NtA Ordinance Sales Contract Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION The City is participating in the HOME Program through Harris County to construct five homes as part of the Northside Neighborhood Plan. A sales contract is pending for the first of two homes already constructed. City Council is requested to authorize the sale of the home at 210 N. 6th Street, further described as Lots 9-11, Block 66, priced at $100,000, and to allow the City Manager, as the City's representative, to execute the closing documents. ~~~;'6 Date ORDINANCE NO. 2008-.3..f2.j:f AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE (SELLER) AND MAGDALENA SANDOVAL (BUYER) FOR THE SALE OF A HOME LOCATED AT 210 N. 6TH STREET, ALSO DESCRIBED AS LOTS 9- 11, BLOCK 66, LA PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, conveyance of referenced property, 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. 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. ORDINANCE NO. 2008301 t( PASSED AND APPROVED, thiS~ay of ~ ATTEST: L;tJ1~ If.at; City ecretary APPROVED: ~r~ Attorney ,2008. CITY OF LA PORTE ~l?~ By: PAGE 2 Mayor 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 28. 2008 Bud2et Requested By: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Conveyance Ordinance Amount Requested: Exhibits: Exhibits: Property offer letters Budgeted Item: YES NO Exhibits 1leriallll:ilp SUMMARY & RECOMMENDATION Attached is an ordinance authorizing the sell of two tracts of city owned property along Sens Road for the Sens Road widening project. The purchaser of this property is Harris County. I have included their offer letters, as well as an aerial map illustrating the two properties in question. val of this ordinance and the sell of city owned land. (0~ Date ' ORDINANCE NO. 2008- 30'15' AN ORDINANCE AUTHORIZING AND APPROVING THE CONVEYANCE OF TWO PARCELS OF LAND ADJACENT TO SENS ROAD, IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, BEING A 0.1840 ACRE TRACT OF LAND LOCATED IN THE ENOCH BRINSON SURVEY, ABSTRACT NO. 05, HARRIS COUNTY, TEXAS, AND A 0.0043 ACRE TRACT OF LAND LOCATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NO. 625, HARRIS COUNTY, TEXAS, TO COUNTY OF HARRIS, A BODY CORPORATE AND POLITIC, 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 documents which are attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such documents 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. Sales price for the two tracts shall be $30,401.00 , and $512.00, respectively. 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 Codei 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:::? gI- day of ~ I CITY OF LA PORTE , 2008. By: Q~Ji_Y/~_ Alton E. Porter Mayor ATTEST: LfJJf:tf f{f!!a4J City Secretary APPROVED: lj~ -r ~ Clark T. Askins Assistant City Attorney 2 RIGHT OF WAY DIVISION 10555 NORTHWEST FREEWAY, SUITE 210 HOUSTON, TEXAS 77092 OFFICE: 713-355-7750 FAX: 713-683-0201 ROBERT F. GASKINS, GENERAL MANAGER April 8, 2008 City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Re: Project: Sens Road - 2 Tract No.: 9, Project I.D. 2773302 Ladies and Gentlemen: I am in the process of acquiring right of way necessary for the County's improvement to the captioned project. The County's records reflect that you are the owner of the above-captioned tract also known as 0.1840 acres of land situated in the Enoch Brinson Survey, A-5 in Harris County, Texas. An appraisal of the property has been made by an experienced and qualified independent fee appraiser to determine its fair market value. Just compensation for the property has been established as $30,401.00, which amount is not less than fair market value. By letter dated March 14, 2008, you were informed by the County of its intention to purchase the above- captioned tract and of your obligation, as provided by Texas Property Code Ann. 921.0111, to provide the County with any appraisals in your possession. The County's letter also informed you that the disclosure of your appraisal reports shall take place within ten (10) days of receipt of the County's appraisal report, but no later than ten (10) days prior to the Special Commissioners hearing, should such hearing become necessary. This letter represents the final offer on behalf of the County to purchase your property known as Sens Road - 2, Tract 9 in Harris County, Texas, including all improvements located on the property. In the event the condition of the property should change for any reason, the County reserves the right to withdraw this offer. Previous negotiations with you to purchase the property have been unsuccessful, although we have attempted to negotiate and bargain with you in good faith. If I do not receive your written acceptance of this offer or a written acceptable counter offer within twelve (12) days from the date of this letter, your unwillingness to accept this offer will be assumed. In that event, the County will rely on obtaining the requested conveyance by the exercise of its rights under eminent domain. If you have any questions concerning this matter, please contact me. RIGHT OF WAY DIVISION 10555 NORTHWEST FREEWAY, SUITE 210 HOUSTON, TEXAS 77092 OFFICE: 713-355-7750 FAX: 713-683-0201 ROBERT F. GASKINS, GENERAL MANAGER April 8, 2008 City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Re: Project: Sens Road - 2 Tract No.: 3, Project 1.0. 2773302 Ladies and Gentlemen: I am in the process of acquiring right of way necessary for the County's improvement to the captioned project. The County's records reflect that you are the owner of the above-captioned tract also known as 0.0043 acres of land situated in the Richard Pearsall Survey, A-625 in Harris County, Texas. An appraisal of the property has been made by an experienced and qualified independent fee appraiser to determine its fair market value. Just compensation for the property has been established as $512.00, which amount is not less than fair market value. By letter dated March 14, 2008, you were informed by the County of its intention to purchase the above- captioned tract and of your obligation, as provided by Texas Property Code Ann. 921.0111, to provide the County with any appraisals in your possession. The County's letter also informed you that the disclosure of your appraisal reports shall take place within ten (10) days of receipt of the County's appraisal report, but no later than ten (10) days prior to the Special Commissioners hearing, should such hearing become necessary. This letter represents the final offer on behalf of the County to purchase your property known as Sens Road - 2, Tract 3 in Harris County, Texas, including all improvements located on the property. In the event the condition of the property should change for any reason, the County reserves the right to withdraw this offer. Previous negotiations with you to purchase the property have been unsuccessful, although we have attempted to negotiate and bargain with you in good faith. If I do not receive your written acceptance of this offer or a written acceptable counter offer within twelve (12) days from the date of this letter, your unwillingness to accept this offer will be assumed. In that event, the County will rely on obtaining the requested conveyance by the exercise of its rights under eminent domain. If you have any questions concerning this matter, please contact me. Sincerely, (1ry~,air----' Je fer ~n:~s Ri ht of Way Agent -caVr'...To]jE1Vl'IAL' Sens Road - 2 Harris County Land Acquisition Harris County Tract #3 1,2 (F onner Lift Station Site) Offer in Easement 3 0.0043 Ac - 186 sf Date $/sf Total $ City Appraisal n/a n/a n/a Ha. Co. Appraisal 2/22/08 2.75 512.00 City Purchase n/a n/a n/a 1 Former Lift Station Site dedicated to City by developer/owner to provide sanitary sewer service to property @ SW comer ofSens Rd and Ave D now owned by LPISD. 2 Lift Station Site is 30' x 30': Ha. Co. proposes to acquire only the area needed for ROW (approximately 6.235 ft by 30ft), leaving approximately 714 sf in City's ownership. 3 Recommendations: i.) Confirm no piping, etc. is needed to maintain sanitary sewer service A.) Ha. Co. Purchase in Fee B.) Offer LPISD the purchase ofthe remaining 714 sf at the $2.75/sf= $1,963.50 ii.) If an area for piping is needed staff recommends an easement. CONFlBEl,T1.4L Sens Road - 2 Harris County Land Acquisition Harris County Tract #9 1 (Fire Station #3 Land) Offer in Easement 2 0.1840 Ac - 8,016 sf Date $/sf Total $ City Appraisal 3 10/07 3.75 30,060 4 Ha. Co. Appraisal 2/22/08 3.79 30,401 City Purchase Price 03/03 2.39 19,158 4 18,016 sf of which 4,716 sfis encumbered by easements 2 Staff recommends Ha Co purchase in fee 3 As discussed in previous executive session the City's recent bid on surplus properties received on the residual for Fire Station # 3 residual acreage was 2.44/sf Council asked staff to not award bid until County appraisal was in and to contact bidder and confirm they would honor their bid on a sf basis minus the area needed for road expansion. The bidder agreed. 4 Adjusted to reflect 8,016 Legend RaiJlines --- Drainage Channels <2. Property Lines If(;; City limits . ,~ ".. ~ Disclaimer: The City of La Porte makes no representation or warranty as to the accuracy of thiS map and Its Information nor to Its fitness for use. Any user of this map product accepts the same AS IS, WITH ALL FAULTS, and assumes ail responsibility for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of the map product. Independent verification Of ail information containeo on this map should be obtaineo by the end user City of La Porte 604 W Fairmont Parkway La Porte, TX 77571 (281) 471-5020 www./aportetx.gov La Porte GIS Mapping 1 "equals 287 . 9 11 No Back-up required for this item A ,- ": REQUEST FOR CITY COUNCIL AGENDA ITEM Aoorooriation Source of Funds: N/A Requested By: Account Number: N/A Department: Plannin2 Amount Budgeted: NI A Report: ....K.-Resolution: _Ordinance: _ Amount Requested: N/A Attachments: Budgeted Item: _YES -X....NO 1. Sector 23 Planning Area Map SUMMARY & RECOMMENDATION Alton Ogden desires to develop several blocks adjacent to South 14th Street between West "D" and West "G" Streets. In order to facilitate the development, Mr. Ogden has expressed the need for construction of a roadway within the South 14th St. Right-of-Way. Mr. Ogden has requested that the funds he will pay to the City for street and alley closings in the area (see Attachment 1) be applied toward the cost of constructing a new roadway to serve his proposed development. Action Required of Council: Provide direction to staff on Alton Ogden's proposal for the City to utilize the monies it receives from his proposed street and alley closings in the area to fund construction of South 14th Street roadway improvements. Ron Bottoms, City Manager ~ }]~~__J_~~~~~~ 2~___:~~~L~~~G AREA WDST ~N .ci. ;: W: 'E"} . . s ill == . . . . . . . == . . . . . . . == . . . == AI n/)4 B25 /' i I ()(~r" Y. I- ..__1 1.---,-- v~JI ~ .- -d / 'I -_/ . .--.--- II 1S:14TH ST. EXTENSION l I I I en Cl fliF~~R~-=-~~OP~ENT)J ! I I U,J,) ;! I I 8':l'1 ; , I II ' .'-" : I' ,; I : I.. S,,3.~__w_~~_.~~c___J r I I I I 196 I WEST J I i I' I l. I -- '--"-\1"- I 8GO II ,.' i' \ \ L f~I~ (, dod Legend _ PROPOSED CLOSINGS (OGDEN) R-O-W (CLOSED) - STREET (EXIST,) I=:(b I F216 LINEAR DETENTION AREA -- F216 (EXIST CHANNEL) 7C, I [11- ~II ('6,1, It!1 I ILl t-.:: I ) ~ ~I ' a:: I__j ___~J " - i c________J r- I i Ir. 8~,.....,......,. 8 I. : ~ ___i__J n. " r~f1 , i l j' -.--J I.:" 129 I , I !I II : , U ' l. _ __~J1~__.J I_n~__ ." '0' .., I ir 1:[ -~---r j It.: !1r( n LFUTU~~ STRE~IT ~T.-- _J L__'i . _1D96- 'I (DBS r . B T REQUEST FOR CITY COUNCIL AGENDA ITEl\t1 Agenda Date Requested: Appropriation Requested By: Source of Funds: Department: Acc't Number: N/A Report: ~Resolution: _Ordinance: _ Amount Budgeted: Exhibits: Draft Ordinance Amount Requested: Exhibits: Bud eted Item: YES NO SUMMARY & RECOMMENDATION City staff was recently made aware of Senate Bill 212, which . was passed by the 74th Texas Legislature to counter a move made by the Texas Department of Protective and Regulatory Services to govern city-operated recreational programs, such as day camps and after school programs. Cities from around the state successfully proved that the purpose and composition of city-organized recreation programs are entirely different from those offered by child-care providers. State licensing requirements and training programs are geared toward early childhood education and preschool aged children. City of La Porte Parks and Recreation Department after school and summer day camp programs are geared towards ages 6 years to 12 years, and for persons with special needs, ages 4 years to adult. By adopting Standards of Care, the City of La Porte Parks and Recreation Department's Recreation Camp Programs will be self governed and can in turn create training programs that are age appropriate and recreational in nature. These Standards of Care are intended to be minimum standards by which the City of La Porte Parks and Recreation Department will operate the City's Recreation Programs and Camp Programs. The programs operated by the City are recreational in nature and are not day care programs. The purpose of these Standards is to reduce possible municipal liability and to protect the health, safety, and well being of our children through a well-rounded recreational environment. Any changes that are directed by Council will be made and this Ordinance will be brought back with a Public Hearing at the next City Council meeting with a recommendation for approval. Although we are already doing a number of requirements of the ordinance, the new Standards of Care will involve some procedural changes and documentation for our programs that will take time to implement (which staffis already working on). The effective date for the ordinance is set for 30 days after passage to allow it to go into effect in conjunction with our summer progrannnmg. Date ~~..~1 At~ ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW SECTION 50-5, "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES"; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF; ORDINANCE NO. 2008 - WHEREAS, the following Standards of Care are considered by the City Council of the City of La Porte for approval and adoption, for all Recreation Programs and Camp Programs conducted by the Parks & Recreation Department so as to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. Senate Bill 212 was passed by the Texas Legislature to counter a move made by the Texas Department of Protective and Regulatory Services to govern city-operated recreational programs, such as day camps and after school programs. Cities from around the state successfully proved that the purpose and composition of city-organized recreation programs are entirely different from those offered by child-care providers; and WHEREAS, these Standards of Care have been created in order to establish a framework for effective programs that provide a safe and fun environment for the City's youth. State licensing requirements and training programs are geared toward early childhood education and preschool aged children. City of La Porte Parks and Recreation Department after school and summer day camp programs are geared towards ages 6 years to 12 years, and for persons with special needs ages 4 years to adult. Without a minimum standard of qualifications, procedures and rules of conduct, a staff may be unprepared and insufficiently trained to properly care for children in city recreational programs. By adopting Standards of Care, the City of La Porte Parks and Recreation Department's Recreation Camp Programs will be self governed and can in turn create training programs that are age appropriate and recreational in nature; and WHEREAS, these Standards of Care allow for an increased emphasis on safety training such as CPR, First Aid, and AED. Employees will be held to a much higher safety standard under the new Standards of Care. The new training guidelines will aIIow our staff to be oriented in a more appropriate manner that is beneficial to our programs and their stability; and WHEREAS, by adopting this Standards of Care Ordinance, the City of La Porte will be exempt from all state child-care licensing requirements. Section 42.041 (b) (14), Human Resources Code, as amended by Senate Bill 212, reads as foIIows: An elementary-age (ages 5-13) recreation program operated by municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing Page 1 of 12 ."""1 0\\1'1' the adopted local standards; and further provided that parents be infonned that the program is not licensed by the state and the program may not be advertised as a child-care facility; and WHEREAS, these Standards of Care are intended to be minimum standards by which the City of La Porte Parks and Recreation Department will operate the City's Recreation Programs and Camp Programs, The programs operated by the City are recreational in nature and are not day care programs, The purpose of these Standards is to reduce possible municipal liability and to protect the health, safety, and well being of our children through a well-rounded recreational environment; NOW, THEREFORE, BE IT ORDATh'ED BY THE CITY COUNCIL OF mE CITY OF LA PORTE: Section 1. Chapter 50 "Parks and Recreation", Article I "In General", of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 50-5 "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES", which said section shall read as follows: "Sec. 50-5. STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES (a) The following words or terms when used in this section shall have the following meanings, unless the conte),,1: clearly indicates otherwise: 1) City - City of La Porte, Texas 2) City Council- City Council of the City of La Porte, Texas 3) Department - Parks and Recreation Department of the City of La Porte 4) Recreation Camp Program(s) - City of La Porte Youth Recreational Programs and Camp Programs consisting of the Recreation Center Camps, S,P,O.RT Summer Camps and after school programs, Mother's Day Out, and/or any joint school alternative programs which last one week (5 days) or longer. 5) Program Manual - Notebook of policies, procedures, required forms, and organizational and programming information relevant to City of La POlte Youth Recreational Programs and Camp Programs. 6) Director - City of La Porte Parks and Recreation Department Director or his/her designee. 7) Program Coordinator or Coordinator - City of La Porte Parks and Recreation Department full-time Coordinator or Recreation Therapist who has been assigned administrative responsibility for a City of La Porte Recreation Youth Program or Camp Program. 8) Program Site Supervisor or Site Supervisor - City of La Porte Parks and Recreation Department full-time employee who has been assigned responsibility to Page 2 of 12 \)~"f'1 implement the City's Youth Recreational Programs or Camp Programs at the individual sites. 9) Program Leader or Leader - City of La Porte Parks and Recreation Department full- time employee, part-time employee, or summer seasonal, contract instructor, or volunteer who has been assigned responsibility to implement the City' s Youth Recreational Programs or Camp Programs. 10) Program Site - Area and facilities where City of La Porte Youth Recreational Programs and Camp Programs are held including but not limited to: Evelyn Kennedy Civic Center, Brookglen Civic Center, Charles Walker Center, and Special Programs Center, La Porte Recreation & Fitness Center, Lomax Park Riding Arena, and Sylvan Beach Fishing Pier. 11) Participant - A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a City of La Porte Youth Recreational Program or Camp Program. 12) Parent(s) - This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren)/teen(s) in City of La Porte Youth Recreational Programs or Camp Programs. 13) Program Staff or Employee(s) - Term used to describe people who have been hired to work for the City of La Porte and have been assigned responsibility for managing, administering, and implementing some portion of the City of La Porte Youth Recreational Programs or Camp Programs. 14) Special Needs Participant - Term used to describe participants in a City of La Porte Youth Recreational Program or Camp Program requiring special assistance due to a physical or mental impairment. (b) The City of La POlie Youth Recreational Programs and Camp Programs will be organized as follows: 1) The governing body of the City of La Porte Youth Recreational Programs and Camp Programs is the City of La Porte City Council. 2) Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Department employees. 3) Youth ("Program") to which these Standards of Care will apply are the Recreation Center Programs, S.P.O.R. T. Summer Camps, and other non-school day programs that last one week (five days) or longer. 4) Each Youth Program Site will have a current copy of the Standards of Care available for public and for staff review for the duration of the program or camp. 5) Parents of Participants will be provided a current copy of the Standards of Care prior to the start of the Youth program or camp, preferably during the registration process. 6) Criminal background checks will be conducted on prospective Program Staff. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (i) A felony or a misdemeanor classified as an offense against a person or family, Page 3 of 12 (ii) ( iii) ~f'1 A felony or misdemeanor classified as public indecen~ ~ A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance, Any offense involving moral turpitude, or Any offense that would potentially put the City of La Porte at risk. (iv) (v) (c) The inspection, monitoring, and enforcement of the City of La Potte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) The Site Supervisor of each Youth Program will perform a weekly inspection of the facility to maintain compliance with the Standards of Care. (i) Program employees will check for sanitation and safety concerns that might affect the health and safety of the participants. (ii) Buildings, grounds and equipment on the Program Site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. (iii) Program Site equipment and supplies will be safe for the participant's use in compliance with City of La Porte Standards (iv) Inspection reports will be sent to the Coordinator for review and kept on record for at least two years. (v) The Coordinator will review the report and establish deadlines and criteria for compliance with the Standards of Care. 2) The Coordinator will make visual inspection of the Program site based on the following schedule: (i) Each Youth Program or Camp Program site will be inspected bimonthly. (ii) The Youth Program or Camp Program will be inspected twice during the summer season. (d) The Enrollment of the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) Before a child can be enrolled, a parent must sign registration forms that contain the child's: (i) name, address, home telephone number; (ii) name and address of parents and telephone number during Program hours; (iii) the names and telephone numbers of people to whom the child can be released; (iv) a statement of the child's special problems or needs; (v) emergency medical authorization (vi) proof of residency when appropriate (vii) a liability waiver, and (viii) should a custody issue arise, the legal parent/guardian must provide a copy of the court order restricting parental contact. Page 4 of 12 OR~f" 2) Program Staff will report suspected child abuse to local authorities in accordance with the Texas Family Code. (e) The Program Coordinator ("Coordinator/Recreation Therapist") Qualifications ofthe City of La Porte Youth Recreational Programs and Camp Programs will meet the following minimum standard: 1) Coordinator will be full-time, professional employee of the City of La Porte Parks and Recreation Department and will be required to have all Program Leader qualifications as described in this document. 2) Coordinator must be at least 21 years old. 3) Coordinator must have any of the following combination of experience: (i) Equivalent to a bachelor's degree from an accredited college or university with a major coursework in Recreation Administration, General Recreation, Physical Education, Sports Managements, or any other comparable degree plan that would lend itself to working in a public recreation environment. (ii) Eight years of responsible service programming and implementing recreational activities. 4) Coordinator must pass a background investigation including testing for illegal substances. 5) Coordinator must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. (f) The Program Coordinator Responsibilities for the City of La Porte Youth Recreational Programs and Camp Programs will be as follows: 1) Coordinators are responsible for administering the Program's daily operations m compliance with the adopted Standards of Care. 2) Coordinators are responsible for hiring, supervising and evaluating all Site Supervisors and Program Leaders. 3) Coordinators are responsible for planning, implementing and evaluating programs. (g) The Site Supervisor and Program Leader ("Leader") Qualifications of the City of La Porte Youth Recreational Programs and Camp Programs will meet the following minimum standard: 1) Site Supervisors and Leaders will be full time employees of the Parks and Recreation Department; Program Leaders will be full time or seasonal or part-time employees of the Parks and Recreation Department. 2) Site Supervisors and Leaders working with Participants must be age 18 or older and possess a high school diploma, or the equivalent. Program leaders working with participants must be age 16 or older. Each Program Site will have at least one staff 18 years or older present at all times. 3) Site Supervisors and Leaders should be able to consistently exhibit competency, good judgment and self-control when working with Participants. Page 5 of 12 O~~f"t 4) Site Supervisors and Leaders must relate to Pmticipants with courtesy, respect, tolerance and patience. 5) Site Supervisors and Leaders must have successfully completed a course in frrst aid and CPR from a National Certifying body. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. 6) Site Supervisors and Leader Site Supervisor and Leader applicants must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date. Site Supervisors and Leaders must take a tuberculosis test every year and provide proof of a clear tuberculosis test. (h) The Site Supervisor and Program Leader Responsibilities for the City of La POlte Youth Recreational Programs and Camp Programs will be as follows: 1) Site Supervisors and Leaders will be responsible for providing Participants with an environment in which they can feel safe, enjoy wholesome recreation activities and participate in appropriate social opportWlities with their peers. 2) Leaders will be responsible to know and adhere to all City, Departmental, and Youth Program standards, policies and procedures that apply to the City of La Porte Programs. 3) Leaders must ensure that Participants are released only to a parent or an adult designated by the parent. If a parent wishes that their child sign himself in or out, the parent must sign a release giving said authorization. All Program Sites will have a copy of the Department guidelines to verify the identity of a person authorized to pick up a participant if the Site Supervisor or Leader does not know that person. (i) Training and Orientation for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: I) The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. The Coordinator will provide each Site Supervisor and Leader with a Program Manual specific to each Youth Program. 2) Program employees must be familiar with the Standards of Care for Youth Programs as adopted by the City COWlcil. 3) Program employees must be familiar with the Youth Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. 4) Program employees will be trained in appropriate procedures to handle emergencies. 5) Program employees will be trained in areas including City, Departmental and Youth Program policies and procedures, provision of recreation activities, safety issues, and program organization. 6) Program employees will be required to sign an acknowledgment that they received the required training. Page 6 of 12 O\\ft..f~ (j) Staff-Participant Ratio for the City of La Porte Youth Recreational Programs and Camp Programs will be as follows: 1) In a City of La Porte Youth Program, the standard ratio of participants to staff will be 25 to 1, based on average daily attendance.. In S.P.O.R.T. summer camp program, participant to staff ratio will vary for 1 to 1 to 5 to 1, based on the registration of each special needs summer camp session. In the event a Leader is unable to report to the Program Site, a replacement will be assigned. 2) Each Participant will have a Program employee who is responsible for him or her and who is aware of details of the participant's habits, interests and any special problems as identified by the participant's parents during the registration process. 3) Unless the Program or Camp is designated as a "Special Needs" program or camp, participants with special needs requiring personal assistance, i. e., feeding, changing of clothes, using the restroom, must provide an attendant for the duration of the program. Staff will not provide personal assistance. The attendant must be an adult oflegal age and will be admitted to the program free of charge. (k) Discipline for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) Program employees will implement discipline and guidance in a consistent manner based on the best interests of the Program participants. 2) There will be no cruel treatment or harsh punishment. 3) Program employees will use brief, supervised, separation (time out) from the group if necessary. 4) As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. 5) A sufficient number and/or severe nature of discipline reports, as detailed in the Program Manual, may result in a participant being suspended from the Youth Recreational Program or Camp Program 6) In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible under the direction of the Coordinator. (1) Progrannning for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) Program employees will attempt to provide activities for each group according to their ages, interests and abilities. The activities will be appropriate to participant's health, safety and well being. The activities also will be flexible and promote the participant's emotional, social and mental growth. 2) Program employees will attempt to provide indoor and outdoor time periods to include: Page 7 of 12 Alternating active and passive activities, 0 t:\ ~ f "'( Opportunity for individual, small and large group activities, and Outdoor time each day as weather, ozone, and heat index (115 or lower) permits. 3) Program employees will be attentive and considerate of the participant's safety on field trips and during any transportation provided by the Youth Program (i) (ii) ( iii) (i) During field trips, Program employees must have immediate access to emergency medical forms and emergency contact information for each participant. (ii) Program employees must have a written list of the participants in the group and must check the roll frequently, specifically before departure to and from destination. (iii) Program employees will have first aid supplies and a guide to first aid and emergency care available on field trips. (m) Communication for the City of La POlte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) Each Program Site will have either a pager, telephone, or two-way radio to allow the Site to be contacted by Parks and Recreation Personnel, and each site will have access to a telephone for use in contacting the Civic Center or making emergency calls. 2) At each Program Site the Coordinator will post the following telephone numbers adjacent to a telephone accessible to all Program Staff (i) City of La Porte Ambulance and Emergency Medical Services; (ii) City of La Porte Police Department; (iii) City of La Porte Fire Department; (iv) Harris County Poison Control; (v) City of La Porte Parks and Recreation Administrative Office; (vi) Numbers at which parents may be reached; (vii) Telephone numbers and address for the Program Site itself; and (viii) Telephone number of Coordinator's office (n) Transportation for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) Before a Participant may be transported to and from City sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Coordinator. 2) First aid supplies and a first aid and emergency care guide will be available in all Youth Program vehicles that transport participants. 3) Seatbelts will be worn if provided. 4) Participants will be oriented to expected behavior and safety rules. Page 8 of 12 f~\ .,1 ~ " ,. (0) Media Relations for the City of La Porte Youth Recreational Programs and Camp Programs will be conducted as follows: 1) No media will be allowed into any program site without express permission from the Coordinator. 2) Any photos, video, or interviews of participants and staff will be only after obtaining written consent from both the parent/guardian and the Coordinator. 3) Site Supervisor and/or Leaders do not have the authority to give media permission or clearance at any site. (p) Facility Safety for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) Program employees will inspect Program Sites weekly, prior to the children arriving, checking for sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the Program staff and kept on file by the Coordinator. 2) Buildings, grounds and equipment on the Program Site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. 3) Program Site equipment and supplies will be safe for the participant's use in compliance with City of La Porte Standards. 4) Program employees will have first aid supplies available at each Program Site in a designated location, during transportation, and for the duration of any off-Site activity. 5) Program Site air conditioners, electric fans and heaters will be mounted out of participant's reach, or have safeguards that keep participants from being injured. 6) Program Site porches and platforms (except for stages) more than 30 inches above the ground will be equipped with railings. (q) Facility Fire Protection for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) In case of fire, danger of fire, explosion or other emergency, Program employee's first priority is to evacuate the participants to a pre-designated safe area. 2) The Program Site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director who will review it and establish the deadline and criteria for compliance. 3) Each Program Site will have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The Coordinator will inspect the fire extinguisher monthly, and a monthly report will be forwarded to the Director who will keep the report on file for a minimum of two years. All Program Staffwill be trained in the proper use of fire extinguisher. 4) Fire drills will be initiated at Program Sites based on the following schedule: Page 9 of 12 OR"f1 (i) After School Youth Program - Once every three months (Program employees will confer with school staff to ensure that city and school procedures do not conflict). (ii) Holiday Camps - Once during the session. (iii) Summer Camp - Twice during the summer season. (r) Facility Health Protection, Medication, Sanitation, and Special Needs for the City of La Porte Youth Recreational Programs and Camp Programs will be accomplished as follows: 1) lllness or Injury (i) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Youth Program. (ii) lllnesses and injuries will be handled in a manner to protect the health of all participants and employees. (iii) Program employees will follow emergency procedures for injured participants or for Participants with symptoms of an acute illness as specified in the Program Manual. (iv) Program staff will follow the recommendations of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 2) Program employees will store medication subject to the following conditions: (i) Parent(s) complete and sign a medication release that provides authorization for Program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. (ii) Prescription medications are in the original containers labeled with the Participant's name, a date, directions and the physician's name. (iii) Program employees will provide the medication only as stated on the label. Program employees will provide medication for consumption by participants. Program employees will not administer any medication. Medication past expiration will not be accepted. (iv) Non-prescription or "over the counter" medications will not be allowed in any Youth program. (v) Medications dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of the Program employees. No injections will be administered by the Program employees. (vi) Program employees will ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. 3) Toilet Facilities (i) The Program Site will have toilets located and equipped so participants can use them independently and Program Staff can supervise as needed. Page 10 of 12 (ii) An adequate number of lava toties will be provided. 4) Sanitation \~1 \) (t r-\~ (i) The indoor Program Sites must have adequate light, ventilation, and heat/air conditioning. (ii) The Program Site will have an adequate supply of water meeting the Texas Department of Health standards tor drinking water. Water will be supplied to the Participants in a safe and sanitary manner. (iii) Program employees will remove garbage from Program Sites daily. 5) Special Needs (i) Every reasonable accommodation will be made to address special needs participants. (ii) For health and safety reasons and, except for specific special needs recreational programs or camp programs; special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom Staff will not provide personal assistance. The attendant must be an adult oflegal age." Section 2. Chapter 50 "Parks and Recreation", Article I "In General", of the Code of Ordinances of the City of La Porte, Texas is hereby amended by amending Sections 50-5--50-9 "Reserved", which said section shall read as follows: "Sees. 50-6--50-9. Reserved." Section 3. Open Meetings. 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 4. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and etTect and to this end the provisions of this ordinance are declared to be severable. Section 5. Effective Date. This Ordinance shall be effective after its passage and approval. (-> days Page 11 of 12 .,. .AFt PASSED, APPROVED AND ADOPTED by the City of La Porte, Texas, City Council on this the _ day of 2008. ATTEST: Martha Gillett, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney APPROVED Alton E. Porter, Mayor Page 12 of 12 Exhibit A Draft Ordinance "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREA TION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAlVIS AT CITY FACILITIES" c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 28. 2008 Appropriation Requested By: Stephen Barr/S. Gillett Source of Funds: Department: Parks & Recreation & Public Works Acc't Number: N/A Report: --X-Resolution: _Ordinance:_ Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budl!eted Item: YES NO SUMMARY & RECOMMENDATION Update report on Capital Improvement Projects for Parks & Recreation and Public Works Departments. Ron Bottoms, City Manager ndJ~ Parks & Recreation Project Report to City Council April 28, 2008 Project 675 - Joint Ventures for Capital Improvements SECOND QUARTER FY 07 -08 The Glen Meadows Homeowner's Association picnic shelter delivery was delayed but is expected to be in place by the end of the third quarter. The La Porte Girl's Softball Association storage building is substantially complete. The association will add a fence around the building for added security. Project 798 - land Acquisition SECOND QUARTER FY 07-08 The City Attorney's Office has requested appraisals of the subject properties as the first step in a condemnation suit to acquire the properties. Project 876 - Pond to Park - Phase III SECOND QUARTER FY 07-08 Because of the diversity of this project, it has been divided into separate components. Requests for Proposals will be going out shortly for this project's components: a. Lighting b. Concrete work at the retaining wall c. Landscaping d. Jogging path Construction of the components is expected to begin in the third quarter. Project 889 - Parks to Standard Program SECOND QUARTER FY 07 -08 Due to the poor condition of the play equipment at Fairmont Park, equipment is being purchased for Fairmont Park for this year's allocation. Project 893 - Trail System Planning SECOND QUARTER FY 07-08 Council directed at its retreat, to move forward with the design of the Pasadena Corridor project and to look at adding some components in the west side to the plan. Council also directed staff to pursue utilization ofHCFCD, railroad, and utility rights of way. Project 903 - Shoreline Protection SECOND QUARTER FY 07-08 The Texas General Land Office has awarded a contract to URS for updating the project, bidding, and construction monitoring. That company was contracted to provide the design and permitting, so the process should move forward quickly. Project 910 - Depot Improvements FIRST QUARTER FY 07 -OS The installation of sidewalks connecting the buildings and the Centennial Statue area have been completed. Staff has met with the Heritage Society to develop a landscape plan for the Depot area. Installation of the landscaping will be accomplished through the volunteer assistance of the employees of Kaneka Texas Corporation. Completion of landscaping should be accomplished by the end of the second Quarter. SECOND QUARTER FY 07 -OS This project is complete. Project 923 West Side Park Property Improvements SECOND QUARTER FY 07 -OS The project plans are expected to be delivered the last week of April. Prequalification of contractors is underway with two contractors submitting prequalification documentation. The prequalification documentation evaluation is not completed. Bid letting is expected in May for this project with completion sometime around the end of the calendar year, if the weather cooperates. Project 924 - Sports Complex SECOND QUARTER FY 07 -OS No activity to report. Project 925 - Landscape and Irrigation - Entrance Signs SECOND QUARTER FY 07 -OS The contractor is working on the last portion of the project, litigation installation. "''hen that is completed the City will consider final acceptance of this project. Project 947 - Brookglen Pool Repairs SECOND QUARTER FY 07 -OS This contractor has completed his work and project is substantially complete, when some force account landscaping has been accomplished, the project will be complete. Project 954 - Sylvan Beach Exterior Repairs SECOND QUARTER FY 07 -OS No activity to report Public Works CIP Projects 2nd Quarter Status Report Project 669 - Sanitary Sewer Rehabilitation PROJECT DESCRIPTION In May of 1993, the City filed a proposed schedule with the EPA for the investigation and rehabilitation of the sanitary sewer system. The City, through the use of in-house and contract labor, has been systematically working through the system to identify and correct sources of inflow, as well as repair structurally inadequate collection facilities. SECOND QUARTER FY 07-08 . Northwest La Porte Service Area - Completed 4 point repairs, inspected 12 manholes and performed 5 manhole repairs, and smoke tested 14,102 feet of sewer main with in-house forces. · Lift Station 1A Service area - Completed 12 point repairs, 1 manhole repair televised 422 feet and replaced 230 feet of sewer with in-house forces. · Southeast La Porte Service Area - Completed 3 point repairs and 1 manhole repair with in-house forces. · Bay MUD Service Area - Completed 2 point repairs and 1 manhole repair with in-house forces. Contracts have been executed to rehabilitate 776 feet of sewer with outside forces. · Fairmont Park Service Area - Completed 3 point repairs, inspected 65 manholes and rehabilitated 2 manholes with in-house forces. Contract forces rehabilitated 2100 square feet of sewer main junction boxes and 36 vertical feet of manhole cones. Additional contracts have been executed to rehabilitate 185 feet of sewer main. · Spenwick Service Area - Completed 2 point repairs and smoke tested 5,691 feet of sewer with in-house forces. · Brookglen Service Area - Completed 1 point repair with in-house forces. · CreekmontlGlen Meadows Service Area - Completed 4 point repairs and televised 165 feet of sewer with in-house forces. Project 825 - Airport Improvements-Ramp Program PROJECT DESCRIPTION Phase II Improvements are planned at the La Porte Municipal Airport. Included are taxiway and aircraft parking ramp reconstruction and rehabilitation, additional lighting improvements, and additional fencing and gate improvements to enhance security at the Airport. The FAA, through TXDOT Aviation Division will fund 90% of the costs. The City's 10% matching share totals $160,000. SECOND QUARTER FY 07-08 Reconstruction of ramp at Designated Use Area and fencing is 95% complete. Expect to complete this Project in next quarter. Project 908 - Rehabilitate Water Well PROJECT DESCRIPTION Moderate vibration in Water Well #4 has been noted over the past several months. This shaft and pump (approximately 800' deep) will be pulled, inspected and all worn parts replaced. Additionally, the casing will be televised to the bottom of the well te detect any problems with the well shaft and screens. SECOND QUARTER FY 07-08 Bids received and project awarded. Expect to complete this Project in next quarter. Project 933 - Design of Sens Road Utility Relocation PROJECT DESCRIPTION The upcoming widening of Sens Road from Spencer to North P Street will require the relocation of existing water distribution and wastewater collection lines. Preliminary Engineering has been completed. With the completion of the Bay Area Blvd. Trunk Sewer in FY 2004-05, the potential to eliminate lift stations in the eastern portion of Northwest La Porte will be incorporated in the relocation effort. Phase I of the Project will complete final design of the project. Phase II, scheduled for FY 2007-08 will fund the actual construction. The Project is necessary to relocate existing utilities to allow the Sens Road widening to occur. Final design is underway. Expect to complete in forth quarter. Project 934 - Spenwick Water System/Upgrade (Phase II) PROJECT DESCRIPTION The water system serving the Spenwick area is two separate systems. Originally, Spenwick was served by small lines in the rear yards. The County constructed new, larger lines in the 80's, to improve pressures and fire protection, but the service connections were never changed to the new lines. Additionally, not all streets were served by the new lines. SECOND QUARTER FY 07-08 Engineer is working with a surveyor to tie down connection locations. Expect to bid this Project in next quarter. Project 938 -Aeration Improvements PROJECT DESCRIPTION The Wastewater Treatment Plant has been evaluated for future needs, with approximately $6M in improvements identified, including engineering. SECOND QUARTER FY 07-08 Bids awarded and construction started. Work to date includes initial excavation of new aeration and clarifier basins. Project 949 - Public Works Rehab - Phase I Roof PROJECT DESCRIPTION The existing Public Works facility is in excess of 25 years old. The building, a steel frame with metal sheathing, has deteriorated over the years. The roof leaks, walls have rusted through and the insulation is ruined in many areas. Phase I of the Project is to remove the existing metal roof and associated trim and install a new metal roof with 3 inch insulation. Phase II of the Project is to remove and replace existing wall panels and insulation. SECOND QUARTER FY 07-08 This Project is substantially complete. Expect to complete in next quarter. Project 952 - Lift Station #38 Rehab PROJECT DESCRIPTION This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as recommended by an engineering evaluation. The Project includes the rehabilitation of the existing wet well, and the replacement of existing pumps and motors. SECOND QUARTER FY 07-08 Design is underway. Expect to complete design and bid the Project in next quarter. Project 953 - Lift Station #6 (Design Only) PROJECT DESCRIPTION As recommended in the May 1984 Comprehensive Wastewater Collection and Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station Facilities Report, and the 2000 La Porte Comprehensive Plan a large diameter trunk sewer was constructed along the west side of Bay Forest Golf Course to south of McCabe Road. The project included a proposed lift station at the intersection of Taylor Bayou and McCabe Road. In August 2002, La Porte secured easements for trunk sewer which began construction in 2007. The construction of this line will allow the development of approximately 300 acres of land. Corresponding to the culmination of this project, the receiving Lift Station #6 requires upgrading to complete the project. SECOND QUARTER FY 07 -08 Contract for design awarded. This Project is on hold until easements can be negotiated with Harris County Flood Control. Expect to complete easement acquisition and begin design in next quarter. Project 955 - SCADA System PROJECT DESCRIPTION This Project involves the replacement of the twenty year old SCADA system that provides for control of the LPAWA system. The system has failed completely, and parts are no longer available. Water Production staff currently operates the system manually. SECOND QUARTER FY 07-08 Bids received and under evaluation. Expect to award bid in next quarter. Project 944 - Municipal Court Building PROJECT DESCRIPTION This Project involves the design of the new Municipal Court Facility, to be located adjacent to the recently completed Police Department Facility. SECOND QUARTER FY 07-08 Design is 85% complete. Prequalification documents are being prepared. Expect to prequalify contractors and bid the Project in next quarter.