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HomeMy WebLinkAbout04-23-12 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember at Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember at LargeB Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro-Tem,Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held April 23,2012, beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1.CALL TO ORDER 2.INVOCATION –The invocation will be givenbyFather Gary Rickles, St. Mary’s Catholic Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by Councilmember Tommy Moser. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation –Fair Housing Week in the City of La Porte –Mayor Rigby (b) Recognition –Retirement of Joe Rolke –Planning Department–Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutesper person.) 6.CONSENT AGENDA (a) Consider approval or other action of the minutes of the City Council meeting held on April9, 2012, and minutes of Special City Council Meeting held on April 14, 2012 –P. Fogarty (b) Consider approval or other action regarding a resolution affirming that the City of La Porte will not use excessive force during any non-violent civil rights demonstration associated with any project funded by the Community Development Block Grant DisasterRecovery Program–T. Tietjens (c) Consider approval or other action regarding a resolution authorizing designated signators for the Texas Community Development Block Grant Program Contract12-218-000-5518 Round 2–T. Tietjens (d) Consider approval or other action regarding an ordinance amendingChapter 82, “Buildings and Building Regulations,” of the Code of Ordinances of the City of La Porte, relating to procedures for condemnation of dangerous structures–D. Wilmore (e) Consider approval or other action regarding an ordinance providing for the creation of a Citizens’ Charter Review Advisory Commission –P. Fogarty 7.AUTHORIZATIONS (a) Consider approval or other action regarding the Northside Neighborhood Plan Update 2012 –T. Tietjens (b) Consider approval orother action awarding Bid #12022 for Traffic Signal System atMain nd Street at 2Street –D. Mick (c) Consider approval or other actionfilling anunexpired term on the La Porte Development Corporation Board, for a term to expire August 31, 2012–P. Fogarty (d) Consider approval or other action regarding appointing members to the Citizens’ Charter Review Advisory Commission –P. Fogarty (e) Consider approval or other action regarding aLa Porte Development Corporation letter committing to an economic development grant not to exceed $1,000,000 for Project Nebula –S. Osborne 8.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Chapter 78, “Vehicles for Hire”; consideration of amendatory ordinanceamending Chapter 78 of the Code of Ordinances relating to auto wrecker permits –T. Tietjens 9.STAFF REPORTS (a) Receive Drainage Report –J. Garza (b) Receive Report ofFiscal Affairs Committee–Councilmember Engelken 10.ADMINISTRATIVE REPORTS (a) Planning and Zoning Commission Meeting, Wednesday, April 25, 2012 (b) La Porte Development Corporation Board Meeting, Monday, May 14, 2012 (c) City Council Meeting, Monday, May 14, 2012 (d) Memorial Day, City Offices Closed, Monday, May 28, 2012 11.COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–CouncilmembersMoser, Kaminski,Zemanek,Leonard, Engelken, Mosteit,Clausen,Martin,and Mayor Rigby. 12.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072– Deliberation regarding real property:Discussion of the sale of property located at 908 and 912 West Main Street. Texas Government Code, Section 551.074 – Personnel Matters: Receivereportfromexecutive search firm SGR (Strategic Governmental Resources) regarding recruitment of aCity Manager. 13.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. 14.ADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the April 23, 2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on April 17, 2012. Patrice Fogarty, City Secretary Council Agenda Item April23, 2012 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Father Gary Rickles, St. Mary’s Catholic Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Tommy Moser. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a)Proclamation –Fair Housing Week in the City of La Porte –Mayor Rigby (b)Recognition –Retirement of Joe Rolke –Planning Department –Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember at Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember at LargeB Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE APRIL9, 2012 Monday, April 9,2012, The City Council of the City of La Portemet in aregularmeetingonat the City Hall 6:00p.m Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:03p.m. Members of Council present: Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser,andMartin. Councilmember Clausen was absent.Also present were City Secretary Patrice Fogarty,Interim City Manager Steve Gillett, Assistant City Manager Traci Leach and Assistant City Attorney Clark Askins. 2.INVOCATION -The invocation was given by Assistant City Attorney Clark Askins. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Jay Martin. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Mayor Rigbypresented a proclamation proclaiming April 15-21 as National Volunteer Week. (b) Mayor Rigby presented a proclamation proclaiming April 8-14 as National Public Safety- Telecommunications Week. 5.PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 6.CONSENT AGENDA –Consent agenda items are considered routine by the City Council and will be enacted by one motion. ACouncilmember may remove any item for discussionand/or separate action. (a) Consider approval or other action of the minutes of the City Council meeting held on March26, 2012 –P. Fogarty (b) Consider approval or other action regarding an ordinance repealing Ordinance 2011-3302 relating to prohibition of certain smoking substances –K. Adcox (c) Consider approval or other action regarding an ordinance amending the City of La Porte Fiscal Year 2011-2012 Budget –M. Dolby (d) Consider approval or other action awarding Bid #12014 for annual concrete street and drainage repairs –D. Mick (e) Consider approval or other action awarding Bid #12018 for asphalt black base –D. Mick Page 1of 5 April 9, 2012, City Council Meeting Minutes AN ORDINANCE AMENDING 3407 Assistant City Attorney Clark Askins read the caption of Ordinance CHAPTER 42 “MISCELLANEOUS OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REPEALING ARTICLE VI. “PROHIBITION OF CERTAIN SMOKING SUBSTANCES,” IN ITS ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE APPROVING 3408 Assistant City Attorney Clark Askins read the caption of Ordinance AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Item C, Councilmember Zemanek requested Finance Director Michael Dolby to provide details for payment of $10,000 to Bay Area Convention and Visitor’s Bureau. Councilmember Zemanek questioned the total annual amount paid to Bay Area Convention and Visitor’s Bureau. Economic Development Coordinator Stacey Osborne responded 15percent of revenue from hotel/motel taxes. Councilmember Moser questioned how return investments are measured. Economic Development Coordinator Stacey Osborne responded there are two Board of Directors appointed by City Council;she is one of them. Shealso serves as Chairman of the Board,and the Bay Area Convention and Visitor’s Bureau provided monthly expenditure reports. Councilmember Martin moved to approve Consent Agenda Items A, B, D, and E pursuant to MOTION PASSED. recommendations by City Staff. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays:None Absent:Councilmember Clausen Councilmember Martin moved to approve Consent Agenda Item C pursuant to recommendations MOTION PASSED. by City Staff. Councilmember Mosteit seconded. Ayes: Mayor Rigby, Councilmembers Mosteit, Engelken, Leonard, and Martin Nays:Zemanek, Moser and Kaminski Absent:Councilmember Clausen 7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing the Planning Director to execute a pipeline permit to HSC Pipeline Partnership, LLC, for the installation of a 20” NGL pipeline through the City of La Porte –T. Tietjens Planning Director Tim Tietjens presented a summary. Councilmember Leonard moved to approve authorizing the Planning Director to execute a pipeline permit to HSC Pipeline Partnership, LLC, for the installation of a 20” NGL pipeline through the City MOTION PASSED. of La Porte. Councilmember Kaminskiseconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays:None Page 2of 5 April 9, 2012, City Council Meeting Minutes Absent:Councilmember Clausen (b) Consider approval or other action authorizing the Interim City Manager to execute a contract with Peltier Brothers Construction, LTD., for the reconstruction of Lift Station No. 6 –D. Mick Public Works Director Dave Mick presented a summary. Councilmember Moser moved to approve authorizing the Interim City Manager to execute a contract with Peltier Brothers Construction, LTD., for the reconstruction of Lift Station No. 6. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, andMartin Nays:None Absent:Councilmember Clausen (c) Consider approval or other action authorizing the Interim City Manager to execute a contract with Angel Brothers Enterprises, LTD., for annual asphalt overlay project –D. Mick Public Works Director Dave Mick presented a summary. Councilmember Moser moved to approve authorizing the Interim City Manager to execute a contract withAngel Brothers Enterprises, LTD., for annual asphalt overlay project. Councilmember MOTION PASSED. Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, andMartin Nays:None Absent:Councilmember Clausen (d) Consider approval or other actionauthorizing the Interim City Manager to sign a Memorandum of Agreement with Sutphen Corporation for the purchase of additional fire trucks over multi-year period–D. Ladd Assistant Fire Chief Donald Ladd presented a summary. Councilmember Zemanek moved to approve authorizing theInterim City Manager to sign a Memorandum ofAgreement with Sutphen Corporation for the purchase of additional fire trucks over MOTION PASSED. multi-year period. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays:None Absent:Councilmember Clausen (e) Consider approval or other action authorizing the Interim City Manager to execute an agreement with Jackson Ryan Architects for a design contract for the proposed City of LaPorte Animal Shelter –K. Adcox Chief of Police Ken Adcox presented a summary. Councilmember Zemanek moved to approve authorizing the Interim City Manager to sign a Memorandum ofAgreement with Sutphen Corporation for the purchase of additional fire trucks over MOTION PASSED. multi-year Period. Councilmember Leonard seconded. Page 3of 5 April 9, 2012, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays:None Absent:Councilmember Clausen 8.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Public Hearing to receive comments regarding condemnation of substandard building at 1307 E. Main Street (This public hearing is continued from the January 9, 2012, City Council –D. Wilmore meeting) City Council opened the public hearing at 6:39 p.m. regarding condemnation of substandard building at 1307 E. Main Street. Chief Building Official Debbie Wilmore presented a summary. There were no public comments. (b) Consider approval or other action directing staff to close the condemnation file and allow the new owner to complete the work of substandard building located at 1307 E. Main Street or restart the condemnation process of substandard building located at 1307 E. Main Street with the new owner –D. Wilmore City Council closed the public hearing at 6:40 p.m. Councilmember Moser moved toclose the file and allow staff to work with the new owner. MOTIONPASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays:None Absent:Councilmember Clausen 9.DISCUSSIONOR OTHER ACTION (a) Discussion or other action regarding current dangerous building regulations –D. Wilmore Chief Building Official Debbie Wilmore discussed the current dangerous building regulations. Councilmember Leonard moved to direct staff to draft a proposed ordinance. Councilmember MOTIONPASSED. Moser seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Mosteit, Engelken, Leonard, Moser, and Martin Nays:None Absent:Clausen 10.STAFF REPORTS (a) Receive Annual Police Department Report from 2011 –K. Adcox Chief of Police Ken Adcox presented the2011Annual Police Department Report. (b) Receive Drainage Report –J. Garza Page 4of 5 April 9, 2012, City Council Meeting Minutes Senior Engineer Julian Garza presented the Drainage Report. (c) Receive Report ofLa Porte Development Corporation Board–Councilmember Engelken Councilmember Engelken provided a report oftheLa Porte Development Corporation Board. 11.ADMINISTRATIVE REPORTS (a) City Council Budget Retreat, Saturday, April 14, 2012 (b) Planning and ZoningCommission Meeting, Thursday, April 19, 2012 (c) Fiscal Affairs Committee Meeting, Monday, April 23, 2012 (d) City Council Meeting, Monday, April 23, 2012 (e) Planning and Zoning Commission Meeting, Wednesday, April 25, 2012 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–CouncilmembersMartin,Moser, Kaminski, Zemanek,Leonard, Engelken, Mosteitand Mayor Rigby. Councilmember Martin questioned the opening date for the new Dog Park. Mayor Rigby informed th the DogPark will have the soft opening on April 28with a grand opening the following weekend. Councilmember Martin also commented he attended the Arts and Craft Show at the Five Points Plaza and reminded everyone of the upcoming Red Suspenders Shrimp Boil. Councilmember Zemanek commented he attended theFFA Cookoffand hopesto see the association in the new facility next year. Councilmember Leonard congratulated the recipients of the proclamations. Councilmember Mosteit thanked the recipients of the proclamation for their volunteer work in the communityand reminded everyone of the La Porte Livestock Show showing of animals on April 16, th 17, and 18, with the auction on the 19.Mayor Rigby congratulated the recipients of the proclamations, and thanked them for their service. 13.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. No executive session was convened. 14.RECONVENE into regular session and consider action, if any, on items discussed in executive session. 15.ADJOURN There being no further business, the regular council meeting adjourned at 7:14 p.m. Respectfully submitted, _______________________________ Patrice Fogarty, City Secretary Passed and approved on April 23, 2012. ________________________________ Mayor Louis R. Rigby Page 5of 5 April 9, 2012, City Council Meeting Minutes LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember at Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember at LargeB Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 Mayor Pro Tem MINUTES OF THE SPECIAL MEETINGOF THE CITY COUNCILOF THE CITY OF LA PORTE APRIL 14,2012 The City Council of the City of La Portemet in aspecial meetingonSaturday, April 14,2012,at rd 8:30a.m., at the La Porte Police Department in the Training Room, located at 3001 N. 23Street, LaPorte, Texas, to consider the followingitems of business: 1.Call to Order Mayor Rigbycalled the meeting to order at 8:30a.m. Members of Council present: CouncilmembersZemanek, Engelken, Leonard, Kaminski,Clausen,andMartin.Members of Council absent: CouncilmembersMosteit and Moser.Councilmember Zemanek arrived at the special meeting at 8:51 a.m. Members of City Executive Staff and City Employees Present: City Manager’s Office: Steve Gillett and Traci Leach City Secretary’s Office: Patrice Fogarty Finance: Michael Dolby, Gay Collins and Shelley Wolny Parks: Stephen Barr Planning: Tim Tietjens Police Department: Ken Adcox Fire: Mike Boaze and Clifton Meekins Municipal Court: Denise Mitrano 2.Discussion or other action –The purpose of this meeting is to discuss and formulate City Council and staff plans, operations, policies, and future projects, including the following: A.Citizen Survey ResultsTraci Leach – Assistant City ManagerTraci Leach presented results of thecitizen surveyand answered questions by Council.Council directed staff to provide a brief summary at a future Council meeting of the citizen survey results in addition to providing a spreadsheet with the results on the website for the public. B.City iPhone App –Mayor Rigby Assistant City Manager Traci Leach discussedproducing a City application for smart phones.Council directed staff to contact the cities of Deer Park and Huntsville with reference to utilization of their iPhoneapp and to go forward with development of anapp for the new budget yearin both the iPhone and Droid platforms. C.IT OverviewTraci Leach – Assistant City Manager Traci Leach presented an overview regarding the operation of the IT Department. Council askedstaff to determine whether an audit of IT has been performedin Page 1of 3 April 14, 2012, City Council Special Meeting Minutes recent years, to assure the department is operating successfully. Council also advised staff theyare receptive of future proposed IT items. D.Financial Overview and Projections–Michael Dolby Finance Director Michael Dolby presented a financial overview, with an update on revenues and expenditures, together with general fund long-range financial plan assumptions. He also gave an update on the utility fund and other enterprise funds. Mayor Rigby recessed for a break at 9:35 a.m. Mayor Rigby reconvened the special meeting at 9:50 p.m. E.Employee Health Insurance: Tiered Plan –Mayor Rigby Assistant City Manager Traci Leachdiscussed a tiered plan for employee health insurance. Councilmember Zemanek commented he would like to see options to limit out-of-network expenses. Mayor Rigby commented 60to 70percent of the claims are paid for dependents. Council informed staff they had no objections to the 172 Committee to look at all options for consideration. F.Charter Review –Mayor Rigby Mayor Rigby discussed the history of the city charterand asked if Council desired to appoint a committee to review the charter.Council advised they are in favor of the charter reviewed.Each councilmember will appoint someone to sit on the committee. Patrice Fogarty will be the liaison for the committee. G.Planning/Code Enforcement Operational Review –Mayor Rigby Mayor Rigby discussed performing an operational review of Planning/Code Enforcement Department/Division.Council directed staff to prepare a Request for Proposalsthat coincides with the budget to audit the operationsof the Planning/Code Enforcement Department/Division. Mayor Rigby recessed for a break at 11:00 a.m. Mayor Rigby reconvened the special meeting at 11:10 a.m. H.Five Points Plaza Uses –S. Barr Parks and Recreation Director Stephen Barr gave a presentation regarding the usage of Five Points Plaza. Council indicated agreement with the suggested usages, and provided a few ideas, as well. I.Child Safety Program –K. Adcox Chief of Police Ken Adcox gave a presentation regarding a child safety program. City Council agreed unanimously to move forward with a Youth Safety and Alcohol Awareness Program for approval at a future Council Meeting. Mayor Rigby recessed for a lunch at 11:47 a.m. Mayor Rigby reconvened the special meeting at 11:57 a.m. 3Receive Direction from City Council on upcoming 2012-2013Fiscal Year Budget . Interim City Manager Steve Gillett presented projections for 2012-2013 Fiscal Year Budget and received supportive comments. Page 2of 3 April 14, 2012, City Council Special Meeting Minutes 4.Council Comments Mayor Rigby commented and informed Council he received a call from SGR (Strategic Governmental Resources) advising there are 14 City Manager candidates who have completed questionnaires. A copy will be provided for all councilmembers. Mayor Rigby also reported he had a meeting with the Port of Houston,and they informed de-silting will begin around the May/June timeframe.Mayor Rigby also expressed his appreciation of staff for preparing for the retreat. 5.Executive Session –The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. There was no executive session. 6.Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session. There was no executive session. 7.Adjourn The meeting was adjourned at 12:15 p.m. Respectfully submitted, ____________________________________ Patrice Fogarty, City Secretary Passed and approved on April 23,2012. ____________________________________ Mayor Louis R. Rigby Page 3of 3 April 14, 2012, City Council Special Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April23, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: ___Resolution: _X_Ordinance: ___ Amount Requested: ____N/A__________ Budgeted Item: YES NO Exhibits:Resolution SUMMARY For the Texas Community Development Block Grant Program –Disaster Recovery Program Fund (the Program) Contract 12-218-000-5518 Round 2 associated with Hurricane Ike, aResolution affirming that the City will not use excessive force during any non-violent civil rights demonstration associated with any project funded by the Programis required. This requirement isa condition of funding for the grant and is a formality. _____________________________________________________________________________________________ Action Required by Council: Considerapproval of a Resolutionaffirming that the City will not use excessive force during any non- violent civil rights demonstration associated with any project funded by the Community Development Block Grant Disaster Recovery Program. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett,Interim City ManagerDate RESOLUTIONNO. _____________ A RESOLUTION AFFIRMING THAT THE CITY OF LA PORTE WILLNOT USE EXCESSIVE FORCE DURING ANY NON-VIOLENT CIVIL RIGHTSDEMONSTRATION ASSOCIATED WITH ANY PROJECT FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERYPROGRAM,INCLUDING PHYSICALLYBARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AS FOLLOWS: ARTICLE I Section 1:The will not use excessive force by the law enforcement agencies within City ofLa Porte its jurisdiction against any individual engaged in nonviolent civil rights demonstrations, including physically barring any entrance to, or exit from, such a facility within its jurisdiction. ARTICLE II Section 2:It is the intent of the City to enforce this Resolutionto the full extent allowed by law. ARTICLE III PASSED AND APPROVED this the ______ day of ________________, 2012. CITY OF LA PORTE, TEXAS Mayor Attest: City SecretaryCity Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April23, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: ___Resolution: _X_Ordinance: ___ Amount Requested: ____N/A__________ Budgeted Item: YES NO Exhibits:Resolution SUMMARY For the Texas Community Development Block Grant Program –Disaster Recovery Program Fund Contract 12-218-000-5518 Round 2 associated with Hurricane Ike, aresolution authorizing designated signators is required.The request for additional signators is a result of the need for redundancy if the primary signator happens to beunavailable. Designatedsignators for theState of Texas Purchase Vouchers and Requests for Advance or Reimbursementwill be in primary order, the City Manager,and if unavailable, the Finance Director, then the City Secretary.TheInterim City Manager or the City Manager will be the City’s designated Chief Executive Officer and Authorized Representative to act in all mattersin connection with the contract. This requirement isa condition of funding for the grant and is a formality. _____________________________________________________________________________________________ Action Required by Council: Considerapproval of a Resolutionauthorizing designated signators for the Texas Community Development Block Grant Program Contract 12-218-000-5518Round 2. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett, InterimCity ManagerDate RESOLUTIONNO. ____________ ARESOLUTION OF THE AUTHORIZING DESIGNATED SIGNATORS FOR ITS CITY OFLA PORTE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM –DISASTER RECOVERY PROGRAM FUND CONTRACT ROUND2. 12-218-000-5518 WHEREAS , the City of La Porte has received funding under the Texas Community Development Block Grant -Disaster Recovery Program; and WHEREAS , it is necessary to designate signators for contractual documents pertaining to this contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITYCOUNCIL OF THE CITYOFLA PORTE, TEXASTHAT: Section 1. City Council designates the Interim City Manager or City Manager, Finance Director, or City Secretary, as authorized signators for State of Texas Purchase Vouchers for the Texas Community Development Block Grant Program Contract 12-218-000-5518; and, Section 2. City Council designates the Interim City Manageror City Manager,Finance Director, or City Secretary as authorized signators for Requests for Advance or Reimbursement for the Texas Community Development Block Grant Program Contract 12-218-000-5518; and, Section 3. City Council designates the Interim City Manager or City Manageras the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the Texas Community Development Block Grant Program Contract 12-218-000-5518. PASSED AND APPROVED , this day of, 2012. CITY OF LA PORTE, TEXAS Mayor Attest: City SecretaryCity Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 23, 2012 Source of Funds: Requested By: D. Wilmore Account Number: Department: Planning Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits: Ordinance w/ Strike-Through & Prop. Amendments Budgeted Item:YESNO ExhibitsFinal Ordinance SUMMARY & RECOMMENDATION th At the 04/09City Council meeting, staff provided an update on court findings relating to a city’s authority relating to condemnation/demolition of buildings that are dilapidated, substandard or unfit for human habitation (City of Dallas v. Stewart).The courtfocuswas on whether the homeowner received “due process” during the condemnation and subsequent demolition process. That case has now concluded and at this time, TML believes cities may continue to utilize their City Council or Building and Standards Commission abatement processbut should delay actual demolition until the time for appeal (30-days) has been satisfied. The attached ordinance includes strike-throughs and “highlighted” proposed amendments to address the impact to the City’s current dangerous building regulationsas well as a “needed” change relating to newspaper publications. Changes are: Inclusion of a minimum forty-five (45) day delay between condemnation and demolition(S. 82-481) Inclusion of a thirty (30) day appeal window (S. 82-482) Adjustment on required newspaper publicationdates(S. 82-475[d]) Staff is asking Council to approve the proposed ordinance as written. Action Required by Council: Consider approval or other action amending theexisting dangerous building regulations. Approved for City Council Agenda Steve Gillett, Interim City ManagerDate ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,RELATING TO PROCEDURES FOR CONDEMNATION OF DANGEROUS STRUCTURES;PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 :That Chapter 82, “Buildings and Building Regulations,” Article VIII, “Dangerous Buildings”, Section 82-475 “Notice to Owner –Required; Method of Service”, subsection “d”, of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: “Sec. 82-475.Notice to owner –Required; method of service. … (d)Iftheownerisknownbuthisresidenceisunknown,oriftheownerisunknown,thenotice shallbepublishedinsomedailynewspaperofgeneralcirculationinthecounty,twotimes.The firstpublicationshallbeinsertednotmorethan15daysandnotlessthantendayspriortothe dateofthehearingprovidedforinthisarticle,andthelastpublicationshallbenotmorethanten daysandnotlessthanfivethreedayspriortosuchhearing.” … Section 2 :That Chapter 82, “Buildings and Building Regulations,” Article VIII, “Dangerous Buildings”, Section 82-481 “Repair or Removal by City”, of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: “Sec.82-481.–Repairorremovalbycity. “If,withintendaysafterthelastpublicationofserviceofaandecisionenteredundersection 82-478,theownerhasnotcompliedwiththeordertorepairorremovesuchbuilding,thenthe boardmayenteruponthepremises,withsuchassistanceasitmaydeemnecessary,andcausethe buildingtoberepairedorremovedwithoutdelay.SuchactionbytheCityshallnotoccuruntil expirationofaminimumforty-five(45)dayperiodfollowingissuanceoftheorderrenderedby CityCouncil,butinnocasebeforeexpirationofanowner’sthirty(30)dayappealperiodas establishedinsection82-482.TheexpensesofsuchprocedureanyactiontakenbytheCityto repairorremoveabuildingshallbechargedagainsttheownerandshallbecomeavalidand enforceablepersonalobligationoftheownerofsuchpremises,whichmayberecoveredbythe cityinasuit,broughtforthatpurpose.Thecitycouncilmay,byordinances OrdinanceNo._____________ Page2 enactedbyit,assesstheexpensesonthelandoccupiedbysuchbuilding,orthelandtowhich suchbuildingwasattached,andmaketheexpensesalienthereon.” Section 3 :That Chapter 82, “Buildings and Building Regulations,” Article VIII, “Dangerous Buildings”, Section 82-482 “Article does not Affect City’s and Owner’s Right to Resortto Courts”, of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: ….. Sec. 82-482.–Article does not affect city’s and owner’s right to resort to courts; appeal. “Nothinginthisarticleshallbeconstruedasabridgingtherightofthecitytoresorttothe courtsofthisstatefortheenforcementofthisarticle,oroftherightsofanyownertoresorttothe courtsofthisstateinanattempttoenjointheenforcementofthisarticle.Thedecisionofthe CityCouncilisfinalandincontestableunlesstheordersorenderedisappealedwithinthirty(30) daysafteracopyoftheCityCouncil’sorderismailedtotheowner.Anappealofanorderof CityCouncilisperfectedbythefilingofaverifiedpetitioninstatedistrictcourt,statingthatthe decisionisillegaleitherinwholeorinpart,andspecifyingthegroundsoftheillegality.” Section 4 :All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative ofother ordinances regulating and governing the subject matter covered by this ordinance. Section 5: 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 effect and to this end the provisions of this ordinance are declared to be severable. Section 6 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Ordinance No. Page 3 Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov’t Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the______ day of _________________, 2012. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 23, 2012 Source of Funds: Requested ByPatrice Fogarty Account Number: Department:City Secretary Amount Budgeted: ReportResolution:Ordinance:X Amount Requested: Exhibits: Proposed Ordinance Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION City Council has determined the need for a review of the City Charter. Accordingly, an ordinanceis being proposed which would createaCitizens’ Charter Review Advisory Commission. The Commission term would be for a period of nine months,and objectives are listed in the proposed ordinance. Action Required by Council: Consider approval or other action regarding an ordinance providing for the creation of a Citizens’ Charter Review Advisory Commission. Approved for City Council Agenda Steve Gillett, InterimCity ManagerDate ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, PROVIDING FOR THE CREATION OF A CITIZENS’ CHARTER REVIEW ADVISORY COMMISSION; PROVIDING FOR UP TO NINE (9)MEMBERS; DETERMINING THE TERM OF OFFICE; PROVIDING FOR THEIR DUTIES AND METHOD OFAPPOINTMENT;PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ******* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: WHEREAS, the City of La Porte City Charter was last substantially revised in 1980; and WHEREAS, the City Council desires to create a Citizens’ Charter Review Advisory Commission forthecomplete and thorough review of the Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE, TEXAS, THAT: SECTION 1:There is hereby created a Citizens’ Charter Review AdvisoryCommission. SECTION 2:The Citizens’ Charter Review Advisory Commission members will elect a chairperson and vice-chairperson within thirty (30) days after appointmentof the Commission. SECTION 3:The term of office of the Citizens’ Charter Review Advisory Commission shall be nine (9) months;and, if during such term no report is presented to the City Council, then all records of the proceedings of such commission shall be filed with the person performing the duties of the City Secretary and shall become public record. SECTION 4:The City Council shall provide direction to the Citizens’ Charter Review Advisory Commission as to the charter provisions to be reviewed.The duties of the Citizens’ Charter Review Advisory Commission shall be to: (1) Inquire into the operation of City government under the charter provisions and determine whether any such provisions require revision. To this end, public hearings may be held; and the commission, upon agreement of a majority of the Citizens’ Charter Review Advisory Commission,shall have the power to compel the attendance of any officer or employee of the City and to require the submission of any of the City records which it maydeem necessary to the conduct of such hearing. (2) Propose any recommendations it may deem desirable to ensure compliance with the provisions of the charter by the several departments of the City government. (3) Propose, if it deems desirable, amendments to the Charter to improve the effective application of said charter to current conditions. (4) Report its findings and present its proposed amendments, if any, to the City Council. SECTION 5:The City Council may take action to amend the charter in the manner providedby state law. SECTION 6:If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. SECTION 7: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. SECTION 8: 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 GovernmentCode; 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 9:This Ordinance shall be effective from and after its passage and approval, and it is so ordered. rd PASSED AND APPROVED, this 23day of April, 2012. APPROVED: By:____________________________ Louis R. Rigby Mayor ATTEST: ____________________________ Patrice Fogarty City Secretary APPROVED: ____________________________ Clark T. Askins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April 23, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _X__Resolution: __Ordinance: ___ Amount Requested: ____N/A__________ Budgeted Item: YES NO Exhibits: 1.Northside Neighborhood-2012 Plan Update 2.Appendix A SUMMARY City Council allocated fundsfor Fiscal Year 2011 toupdate the City’s Northside Neighborhood Plan, which wasadopted in 2000. Kimley-Horn and Associates, Inc. has been contracted to assistthe City with updating theplan. The purpose of the neighborhood plan update is to guide the residents and stakeholders of the Northside community and the City in collective decision-making on future economic development, physical development, and social issues and opportunities within the Northside Neighborhood. On November 10, 2011, a kickoff meetingwasheld at the Jennie Riley Center to seek citizen inputon plan development and to solicit feedback from the community concerning needs forthe next ten years. At the January 24, 2012, neighborhood meeting, each recommendation was discussed and the consultant asked the citizens to prioritize the recommendations for implementation purposes. A summary of recommendationsand aprioritization matrix were presented during the March 29, 2012, neighborhood meeting. All recommendations were supported by the residents and participants of the meetings. Plan recommendationshave beensummarized based on five general categories including: Land Development & Redevelopment, Infrastructure, Transportation, Urban Design,and Community Engagement,as follows: Historic Preservation –La Porte’s first African-American School Housing –Housing programs for affordablesingle-family development Community Attraction –Splash pad evaluation/development Drainage –Maintenance of ditches andculverts Landscaping –Clear underbrush and debris from vacant lots Sidewalks –Connect San Jacinto trail to North E Street Linear Park th Parks –Incorporatepark space leading up to Tyler & 5Street Youth Programs –Encourage the establishment of achild safety/D.A.R.E. Summer Camp in joint cooperation withPoliceandParks & Recreation Departments. Transportation –Construct bus shelter and better advertise buses by developing a brand transit logo, well-advertised route map. Workforce Training Program –utilize the three track training program offered by Harris County for target area non-profit organizations. This update drawsupon previous planning efforts, while focusing on redefining the Community’s Vision for the area and defining new appropriate projects, responsible parties, and animplementation plan that will continue the revitalization efforts that have occurredsince the previous plan adoption. ______________________________________________________________________________ Action Required by Council: 1.Receive presentation from Kimley-Horn and Associates, Inc.,and 2.Consider approvalor other actionof the Northside Neighborhood Plan Update2012. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett, InterimCity ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: April 23, 2012 Source of Funds 015 –General Fund CIP David Mick Requested By: Account Number: Contingency Line Item Public Works________________________ Department: Amount Budgeted:See Report Report: Resolution:Ordinance: Amount Requested:$155,000 Exhibits:Engineer’s Recommendation Budgeted Item:See Report Exhibits: Bid Tabulation–Span Wire Signal Exhibits Bid Tabulation –Mast Arm Signal SUMMARY & RECOMMENDATION The City hosted a Main Street planning meeting in council chambers in September 2011. Council members and staff who were in attendance heard from a number of business owners and city nd residents who had commented on the need for saferpedestrian crossing at the 2/Main Street intersection. Council added an item to their September 26, 2011 meeting agenda for the nd consideration of a traffic signal at 2/Main Street. In response staff provided a summary to council including a preliminary cost estimate of $135,000for the design and construction of a traffic signalat this location. Council directed staff to proceed with the design and construction of a signal. Staff contracted with Neel-Schaffer for the traffic signal design that includedan alternate design for a span-wire signal and a mast-arm signal option. The consultant also provided new signal timing plans th for the Main/4Street and Main/Broadway signals for those existing signals to work in coordination nd with the new Main/2Street signal. When the new signal is constructed, the consultant will evaluate the traffic flow along Main Street and modify the signal timing at the three intersections as needed. nd Streetwere Advertised, sealed bid proposals for Bid #12022–Traffic Signal System –Main Street at 2 opened and read on April 9, 2012. Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website site, provided to six (6) plan rooms, and directly mailed out to five(5) contractors. Four (4) contractors returned bids. Traf-Tex, Inc. submitted to lowest and best bid in the amount of $106,430.50 for the span wire signal alternate, and $115,672.95 for the mast-arm signal alternate. Staff recommends awarding the contract to Traf-Tex, Inc. $122,728.00 which is equalto the mast-arm signal alternate bid plus alternate plus $7,055.05 contingency.Traf-Tex’s proposal was 9% lower than the next lowest, qualified bidder. FUNDING: This project was not included in FY 11-12 budget and is proposed to be funded through the contingency line item in Fund 015 –General Fund Capital Improvements. Expenses: Design (encumbered previously)$ 27,772.00 Construction (mast-arm option)$ 115,672.95 Construction Contingency$ 7,055.05 $ 4,500.00 Construction Inspection Total Allocation Requested: $ 155,000.00 Staff’s preliminary cost estimate provided to city council at your September 26 meeting was $135,000. The estimate was prepared for the more economical span-wire signal design. There were also increased costs associated with the design consultant preparing alternative design and bid options and for more th /Main and Broadway/Main signal control cabinets. work than originally anticipated required in the 4 OTHER CONSIDERATIONS: nd Staff contactedthe business owners located on each of the four corners of 2/Main because of the potential for signal and/or pedestrian head poles and the relatively tight confines at the between the curb and the building fronts. The feedback from the business owners was very positive–particularlyfor the mast-arm option. Other than field review of traffic flow and adjusting signal timings as needed, the design engineering contract did not include construction inspection. Instead it was staff’s intention to utilize the city’s signal maintenance contractor, SW Signal, in that role. Staff will inspect the signal construction on a day-to-day basis and contact SW Signal as needed for technical/electrical construction review. Additional funding is included in this request for SW Signal to be paid utilizing the contract hourly rate. Project Benefits, Liabilities, and Operating Cost: Benefits: Responds to common concern about pedestrian safety that was expressed by Main Street business owners at a public meeting concerning future Main Street improvement options. Liabilities of Maintaining the Status Quo: City would be unresponsive to resident and Council request. Operating Costs: The Public Works Streets Division annual budget typically includes $3,500 to $4,000 per traffic signal for routine maintenance and small component replacement as needed. Action Requested of Council: nd 1)Authorize the total appropriation of $155,000 for the traffic signal at 2/Main Streetto be funded through the General Capital Improvement Fund (Fund 015);and 2)Authorize the Interim City Manager to enter into a contract with Traf-Tex, Inc. in the amount of $115,672.95 plus a contingency amount equal to 7,055.05 for a total contract amount of $122,728.00. Approved for City Council Agenda Steve Gillett,InterimCity ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April23,2012 Source of Funds:N/A Requested By:Patrice Fogarty Account Number:N/A Department:City Secretary Amount Budgeted:N/A ReportXResolution:Ordinance: Amount Requested: N/A Exhibit: Resignation letter from BobPizzitola Budgeted Item:YESNO Exhibit: Excerpt from By-laws of La Porte Development Corp. Board SUMMARY & RECOMMENDATION La Porte Development Corporation board member Bob Pizzitola has submitted a letter of resignation to City staff and Board President Richard Warren. Mr. Pizzitola’s term expires August 31, 2012. Mr. Pizzitola also served asvice president of theLa Porte Development Corporation Board. Pursuant to the Bylaws, the Board of Directorswill appoint a new vice president. Pursuant to Article III-Board of Directors, Section 3.03-Vacancies,of the Bylaws of the La Porte Development Corporation, a copy of which is attached,City Council shall fill the unexpired term of a director on the La Porte Development Corporation Board. Action Required by Council: Consider filling the unexpired term of Bob Pizzitola onthe La Porte Development Corporation Board, for a term to expire August 31, 2012. Approved for City Council Agenda Steve Gillett,InterimCity ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested April 23, 2012 Source of Funds: Requested ByPatrice Fogarty Account Number: Department:City Secretary Amount Budgeted: ReportXResolution:Ordinance: Amount Requested: Exhibits: Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION City Council has determined the need for a review of the City Charter. Regarding the makeup of the Citizens’ Charter Review Advisory Commission, each councilmemberhas the opportunity to appoint a person to serve on the review commission. Staff proposes themeetings to start by July; so, appointing members to the commissionat this time is appropriate and necessary. Names received for appointment thus far are as follows: CouncilmemberAppointee LouisRigby, MayorChuck Harrington John Zemanek, AtLarge ADavid Brady Dottie Kaminski, At Large B____________________________ Mike Mosteit, District 1Nolan Allen Chuck Engelken, District 2____________________________ Daryl Leonard, District 3____________________________ Tommy Moser, District 4____________________________ Jay Martin, District 5____________________________ Mike Clausen, District 6____________________________ Action Required by Council: Consider approval or other action regarding appointment of citizens to serve on the Citizens’ Charter Review Advisory Commission. Approved for City Council Agenda Steve Gillett, InterimCity ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:April23,2011 Source of Funds:N/A Requested By:Stacey Osborne Account Number:N/A Department:Economic Development Amount Budgeted:N/A ReportXResolution:Ordinance: Amount Requested: N/A Exhibits:Nebula Facts and Figures Budgeted Item:YESNO Commitment Letter SUMMARY & RECOMMENDATION At the April 9, 2012 Economic Development Corporation Board meeting, the Board received a request for incentives from Eric Geisler, aconsultant for a large industrial project called Project Nebula. A site in the City of La Porte’s Battleground IndustrialDistrictis one of threethat have been short-listed for the project. The City of La Porte submitted a proposal for Project Nebula offering the incentive of the Industrial District Agreement (IDA), and Mr. Geisler requested additional incentives on behalfof his client. The project, which consists of two different plants, is estimated to bring a capital investment of $950,000,000 and 90 direct jobs. The company expects that they will be up and running by the end of 2015, so the City of La Porte will begin to see revenues in 2016. The estimated revenues through 2025 are as follows: $1,358,845 Total annual IDA fees paid to the City of La Porte (years 1 –4): ** $4,259,195** Total annual IDA fees paid to the City of La Porte (years 5 –10): At a Special Called EDC Board meeting on April 16, 2012, the Board committedto a grantfrom the Economic Development fundnot to exceed $1,000,000 and set two conditions on the grant: 1.Contingent upon both plants being located within the Battleground Industrial District; and 2.Grant distribution will be negotiated based on construction scheduled agreed upon by both the company and the City Per EDC By-Laws, the City Council must approve expenditures over $15,000. Should Council approve this commitment letter, it will be formally submitted to the company. If the company officially selects the site within the Battleground Industrial District, the company’s representatives and staff will negotiate an agreement thatwill outline the specific terms of the grant award. Additionally, the name of the company can be released once the Agreement comes before the EDC Board and the Council for final approval. Action Required by Council: Consider approval or other action to approve the commitment letter for Project Nebula in an amount not to exceed $1,000,000. Approved for City Council Agenda Steve Gillett,InterimCity ManagerDate PROJECTNEBULA/CARL: FACTS AND FIGURES Industrial District Facts: Total revenue from all Industrial District Agreements (IDA’s), as of February 2012: $10,396,748 126 Total number of IDA’s currently in place: $3,041,503,531 Total value of companies currently in the Industrial Districts: $210,263,775 Value of the largest revenue producer(Total Petrochemical): $780,465 Annual revenue from the largest revenue producer: Assumptions: Bothprojects land in La Porte $950,000,000 Total project value, after construction, will be Construction period of 3 years First year of income to the City of La Porte: 2016 Current Property Value and Taxes (based on HCAD valuation): $2,200,914 Current property value = $9,688* Total annual IDA fees paid to the City of La Porte: Real, Business Personal Property Received Annually After Expansion: $1,358,845 Total annual IDA fees paid to the City of La Porte(years 1 –4):** $4,259,195** Total annual IDA fees paid to the City of La Porte (years 5 –10): $500,0002016 City of La Porte Break-Even Point (i.e. when we see revenue) onGrantis . $1,000,0002016 City of La Porte Break-Even Point on Grantis . *Calculation is based on an IDA rateof 63% of the City of La Porte property tax rate, per the IDA currently in place. **Calculation assumes that (a) an IDA rateof 20% of the City of La Porte property tax ratethrough Year 4(2019) AND (b)that the IDA ratewill increase to 63% of the City of La Porte property tax rate in Year 6 (2020). 4/12/12 Prepared by S. Osborne, City of La Porte Economic Development REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 23,2012 Source of Funds: N/A Requested By:Councilman Moser via Tim Tietjens Account Number: N/A Department: Planning Amount Budgeted:N/A Report: XResolution:Ordinance:X Amount Requested:N/A Exhibit:Pro and Con Listing to Ownership Issue Budgeted Item:YESNO Exhibit:Ordinance Repealing Ownership Requirement(Markup) Exhibit:Ordinance Repealing Ownership Requirement Exhibit:Ordinance Keeping Ownership but Allowing Variance (Markup) Exhibit: Ordinance KeepingOwnership but Allowing Variance SUMMARY & RECOMMENDATION La Porte Code of Ordinancesprovides the regulatory framework for Chapter 78, Vehicles for Hire, of the emergency, non-consent towingin La Porte. Among other things, it requires each wreckerservice to be licensed, prohibitsthe subcontracting of wreckeroperations, and requires drops to bemade at a properly constructed vehicle storage facilitywithin the city limitsthat is owned by the facility operator. In early 2011, the Wrecker Committeeforwarded a recommendation to City Council to amend Chapter 78 with several procedural and clean-up type revisions, based upon a request of a towing service and input received at a series of public hearingsin late 2010. The amendment was approved by City Council on February 14, 2011.Any wrecker company permitted prior to the adoption of the 2011 ordinance that contracted with or leased/rented a storage facility in the city limits to store vehicles at that facility was “grandfathered”; and the requirement of ownership did not affect those already permitted wrecker companies. In response to arequest for re-considerationof the lot ownership provision of the ordinance, staff has prepared two alternative ordinances and has prepared a pro and con listing for the ordinance options. One ordinance alternative repeals the requirement to own the vehicle storage facility and the other ordinance alternative keeps the ownership requirement but allows for a variance process to consider the specific circumstances of an application. A recommendation is not being made at this time; instead the Wrecker Committee and staff are seeking guidance regarding the options available. The apparent options are as follows: 1)Leave the ordinance as is; 2)Amend the ordinance in one ofthe ways suggested in the draft ordinances attached,or as otherwise determined; or 3)Remand back to the Wrecker Committee for further study, public hearing and recommendation. Action Required by Council: Provide direction to the Wrecker Committee and staff per the options listed aboveor any other action desired by Council. Approved for City Council Agenda Steve Gillett, InterimCity ManagerDate STATE LICENSED WRECKER YARDS (Pros and Consof Ownership) PROSvs.CONS Capital Investments: Owner –authority to invest fundsTenant –must obtain authority to invest funds Owner –sovereigndecision making abilityTenant –leases vary and are dependent upon owner Owner –permanence encouragesTenant –permanence related to lease; maintenance/improvementsmay discouragelong-term maintenance/improvements Complaints: Owner –one contact forTenant –initial contact; however, owner communicationis additional contact as well as ultimate responsible party ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 78OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USEOF STORAGE FACILITIES BYAUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING 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 THOUSANDDOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCEWITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF LA PORTE : Section 1. Chapter 78, “Vehicles for Hire,” Article III “Automobile Wreckers and Towing Vehicles”, Division 3 “Permits”, Subdivision III “AutoWrecker Permit”,Section 78-297 “Applications”,of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending subsection “5” , paragraph “d” , to said Section 78-297, which shall hereinafter read as follows,to wit: … “(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: … d.That the applicant provide proof of 1)ownership of a properly fenced storage facility for wrecked vehicles or a contract with the owner, lessee, or other authorized user of a properly fenced storage facility for wrecked vehicles, allowing applicant to use the facility. In those cases where anapplicant relies on a contract made with a party other than the actual owner of the facility, applicant shall provide satisfactory evidence that the use of the facility by applicant is permitted by the owner; 2)the size of his business location and lot; and 3)that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division, prior to the hearing;” … Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividnessor invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousanddollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. 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, 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 writtennotice and the contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVEDthis the ____day of _____________, 2012. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 78OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USEOF STORAGE FACILITIES BYAUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING 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 THOUSANDDOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCEWITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF LA PORTE : Section 1. Chapter 78, “Vehicles for Hire,” Article III “Automobile Wreckers and Towing Vehicles,”Division 3 “Permits,”Subdivision III “AutoWrecker Permit,”Section 78-297 “Applications,”of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending subsection “5,”paragraph “d,”to said Section 78-297, which shall hereinafter read as follows,to wit: … “(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: … d.That the applicant provide proof of 1) ownership of a properly fenced storage facility for wrecked vehicles or a contract with the owner, lessee, or other authorized user of a properly fenced storage facility for wrecked vehicles, allowing applicant to usethe facility. In those cases where an applicant relies on a contract made with a party other than the actual owner of the facility, applicant shall provide satisfactory evidence that the use of the facility by applicant is permitted by the owner; 2) the size of his business location and lot; and 3) that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division, prior to the hearing;” … Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions ofthis ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall becomeinoperative or fail by reason of any unconstitutionality, vividnessor invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. 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, 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, consideredand formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the Cityof La Porte Charter. PASSED AND APPROVED this the ____day of _____________, 2012. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 78OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USEOF STORAGE FACILITIES BYAUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING 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 THOUSANDDOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCEWITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF LA PORTE : Section 1. Chapter 78, “Vehicles for Hire,” Article III “Automobile Wreckers and Towing Vehicles”, Division 3 “Permits”, Subdivision III “AutoWrecker Permit”,Section 78-297 “Applications”,of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending subsection “5” , paragraph “d” , to said Section 78-297, which shall hereinafter read as follows,to wit: … “(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: … d.That the applicant provide proof of ownership of a properly fenced storage facility for wreckedtowedvehicles, the size of his business location and lot,that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspectionsdivision, prior to the hearing. An applicant that does not propose to own a storage facility located within the city limits may petition the committee for a variance from the requirements of this subsection. A request for a variance shall be submitted simultaneously with the application for operation of anemergency auto wrecker(s), and shall 1) state specifically the grounds for the request, including a showing why ownership of a facility is not reasonably possible; 2) include the applicant’s alternative proposal for the lease or useof a facility; and 3) submitproofof authorization of the proposed use by the owner of the facility. The committee may impose additional requirements in any variance granted to a wrecker operator, but in no case shall itbe empowered to grant a variance for use of a facility that is not located within the city limits.Aperson may appeal the grant or denialof a variance by the committee to the La Porte City Council, but only as part of an appeal of the committee’s final ruling on the underlying application for an emergency auto wrecker permit(s), in accordance with the general appeal procedures in Section 78-224 of this chapter. Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions ofthis ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall becomeinoperative or fail by reason of any unconstitutionality, vividnessor invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousanddollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. 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, 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, consideredand formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the Cityof La Porte Charter. PASSED AND APPROVED, this the ____day of _____________, 2012. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 78OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR USEOF STORAGE FACILITIES BYAUTO WRECKERS OPERATING IN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING 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 THOUSANDDOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCEWITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF LA PORTE : Section 1. Chapter 78, “Vehicles for Hire,” Article III “Automobile Wreckers and Towing Vehicles”, Division 3 “Permits”, Subdivision III “AutoWrecker Permit”,Section 78-297 “Applications”,of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by amending subsection “5” , paragraph “d” , to said Section 78-297, which shall hereinafter read as follows,to wit: … “(5) In determining whether the permit shall be granted, the committee shall take into consideration the following: … d.That the applicant provide proof of ownership of a properly fenced storage facility for towedvehicles, the size of his business location and lot,that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set for in Chapter 106 of this Code. It is the responsibility of the applicant to request a site inspection from the planning department, inspections division, prior to the hearing. An applicant that does not propose to own a storage facility located within the city limits may petition the committee for a variance from the requirements of this subsection. A request for a variance shall be submitted simultaneously with the application for operation of anemergency auto wrecker(s), and shall 1) state specifically thegrounds for the request, including a showing why ownership of a facility is not reasonably possible; 2) include the applicant’s alternative proposal for the lease or use of a facility; and 3) submitproofof authorization of the proposed use by the owner of the facility. The committee may impose additional requirements in any variance granted to a wrecker operator, but in no case shall itbe empowered to grant a variance for use of a facility that is not located within the city limits. Aperson may appeal the grant or denialof a variance by the committee to the La Porte City Council, but only as part of an appeal of the committee’s final ruling on the underlying application for an emergency auto wrecker permit(s), in accordance with the general appeal procedures in Section 78-224 of this chapter.” … Section 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions ofthis ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall becomeinoperative or fail by reason of any unconstitutionality, vividnessor invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousanddollars ($2000.00). Each day of violation shall be considered a separate offense. Section 5. 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 placeconvenient 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, 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 contacts and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the ____day of _____________, 2012. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April 23, 2012 :N.A. Source of Funds Julian Garza Requested By: Account Number:N.A. Department: Planning Amount Budgeted: N.A. Report: _X__Resolution: __Ordinance: ___ Amount Requested: _N.A. Exhibit:Drainage Report Budgeted Item: YES NO SUMMARY At the request of the Drainage Committee, staff is providing an update of active projects for Council review. The update to the drainage projects is attached asan exhibit.Staff will be present to answer any questions that Council may have regarding the projects in the report. _____________________________________________________________________________________________ Action Required by Council: ReceiveDrainage Report. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett, InterimCity ManagerDate CITY COUNCIL DRAINAGE REPORT April23, 2012 Contract Design and Construction th South 16Streets.Design complete, pending agency approval. F101 Channel Improvements by HCFCD. Hydro excavation complete. Land Dev Engineering preparing Preliminary Engineering Reportto be finalized by January 2013. In-House Design and Construction of City-Initiated Projects F-216 Regional Detention Project.Construction iscomplete. F216 Regional Detention Phase II.Preparing Budget adjustments for GLO approval. Battleview Area.Survey and design complete. Plans submitted for pipeline review and approval. East Main.Construction approximately substantially complete. Adams Street.Letter of no objection from Exxon Mobile Pipelinereceived. Construction underway. Sunrise and Broadway.Installation of additional culverts by Public Works at South Shady Lane and Baywood along Broadway in progress. Battleground Estates and Shady River.Submitted request to HC for improvements of P Street and F101 and contracting with consultant to prepare an impact analysis for McCabe Road and A104. In-House Drainage Maintenance Activities North Shady Lane.Working to secure easement to improve and clean existing drainage swaleon South Shady Lane and making design modifications to North Shady Lane.Survey and Geotechnical Investigation underway for design to start. In-Fill DrainageMaintenance.Public Works working ondrainage maintenance at th 15and C Street, Adams Street, and East Main Street. Council Agenda Item April 23, 2012 9. (b)Receive report ofFiscal Affairs Committee *********************************************************************************** Council Agenda Item April 23, 2012 10.ADMINISTRATIVE REPORTS (a) Planning and Zoning Commission Meeting, Wednesday, April 25, 2012 (b) La Porte Development Corporation Board Meeting, Monday, May 14, 2012 (c) City Council Meeting, Monday, May 14, 2012 (d) Memorial Day, City Offices Closed, Monday, May 28, 2012 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, and Mayor Rigby. 12.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072 – Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 West Main Street. Texas Government Code, Section 551.074 – Personnel Matters: Receive report from executive search firm SGR (Strategic Governmental Resources)regarding recruitment of a City Manager. 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in . executive session *********************************************************************************** Council Agenda Item April 23, 2012 14.ADJOURN ***********************************************************************************