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HomeMy WebLinkAbout07-09-12 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Mayor Pro-Tem, 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 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held July 9,2012, 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 givenbyMichael Thannisch, Congregation Benim Avraham. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by Councilmember Daryl Leonard. 4.PUBLIC COMMENTS (Limited to five minutesper person.) Larry Haller –Container Storage Yard and Condition of Roads. 5.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) (a) Consider approval or other action of the minutes of theregularCity Council meeting held onJune 25, 2012–P. Fogarty (b) Consider approval or other action awarding Bid # 12025 for Flexible Limestone Base –D. Mick (c) Consider approval or other actionauthorizing the City Manager to enter into a construction contract with South Ranger Construction for Bid # 12027 for 2012 City Wide Sidewalk Replacement Project–T. Tietjens 6.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing the City Manager to enter into a construction contractwith R.W. Lucas Construction LLC for Bid # 12026 for La Porte Department of Transportation (D.O.T.) Weigh Station and authorizing a budget adjustment to increase account 015-9892-628-5110 fromthe Capital ImprovementProject (CIP) contingency account –K. Adcox (b) Consider approval or other action regarding an Ordinance amending Chapter 42, “Miscellaneous Offenses”, Article II, “Weapons”, of the Code of Ordinances of the City of La Porte,by prohibiting the discharge of firearms within the city limits–K. Adcox (c) Consider approval or other action regarding an Ordinance amending Chapter 70 “Traffic and Vehicles” of the Code of Ordinances of the City of La Porte, by establishing regulations for Disabled Parkingin city limits–K. Adcox 7.STAFF REPORTS (a) Receive update on new Animal Shelter –K. Adcox (b) Receive drainage report –J. Garza 8.ADMINISTRATIVE REPORTS (a) Wrecker Committee Meeting, Tuesday,July 10, 1012 (b) La Porte Development Corporation Board Meeting, Monday,July 16, 2012 (c) City Council Meeting, Monday, July 23, 2012 (d) Citizens’Charter Review Advisory Commission Meeting, Tuesday, July 24, 2012 9.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–CouncilmembersLeonard, Engelken,Mosteit,Clausen,Martin, Moser,Kaminski,Zemanekand Mayor Rigby. 10.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. 11RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. 12.ADJOURN I n 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 July 92012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on July 3, 2012. Patrice Fogarty, City Secretary Council Agenda Item July 9, 2012 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Michael Thannisch, Congregation Benim Avraham. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Daryl Leonard. 4.PUBLIC COMMENTS (Limited to five minutes per person.) Larry Haller –Container Storage Yard and Condition of Roads. *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Mayor Pro Tem Councilmember District 4 Councilmember at Large A JAY MARTIN DOTTIE KAMINSKI Councilmember District 5 Councilmember at Large B MIKE CLAUSEN MIKE MOSTEIT Councilmember District 6 Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE JUNE 25, 2012 Monday,June 25, 2012, The City Council of the City of La Portemet in aregularmeetingonat the City 6:00 p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Engelken, Zemanek, Mosteit, Martin, Kaminski, Leonard, MoserandClausen. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Interim City Manager Steve Gillett, Assistant City Manager Traci Leach and Assistant City Attorney Clark Askins. 2.INVOCATION -The invocation was given by Brian Christen, La Porte Community Church. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember John Zemanek. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Barbara Norwine,202 S. Lobit, addressed Council concerning traffic issues. Ms. Norwineinformed Council there were vehicles speeding and 18 Wheelervehicles traveling on S. LobitStreet. 5.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussionof these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action of the minutes of theregularCity Council meeting held on June 11, 2012 – P. Fogarty (b) Consider approval or other action regarding an ordinance approving and authorizing renewal of an Interlocal Agreement between the City of La Porte and Harris County for administration and implementation of a regional watershed protection education program – T. Tietjens (c) Consider approval or other action of an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with North Bayport Industrial Park II, Ltd. for its facility located at 10200 New Decade Dr. – T. Tietjens (d) Consider approval or other action regarding award of contract to Tyler Technologies, Inc., for an internet hosted imaging system and hardwarefor the Municipal Court – D. Mitrano Ordinance2012-3418: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING RENEWAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR ADMINISTRATION AND IMPLEMENTATION OF A Page 1 of 4 June 25, 2012, City Council Meeting Minutes REGIONAL WATERSHED PROTECTION EDUCATION PROGRAM, APPROPRIATING $ 17,914.00 TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance2012-3419: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE AUTHORIZING THE EXECUTION BYTHE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH BAYPORT INDUSTRIAL PARK II; LTD, A TEXAS LIMITED PARTNERSHIP (10200 NEW DECADE DRIVE) FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance2012-3420: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND NORTH BAYPORT INDUSTRIAL PARK II; LTD., MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Item D, Mayor Rigby questioned why the signature of S. Brett Cate, President of Tyler Technologies not on the company letterhead. Judge Denise Mitrano advised Mayor Rigby she would obtain his signature on the appropriate company letterhead. CouncilmemberMosteitmoved to approve the Consent Agenda pursuant to recommendations by MOTION PASSED. City Staff. CouncilmembersecondedClausen. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None 6. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action regarding a Resolution concerning the Port of Houston’s project to deepen and widen the Bayport Ship Channel in Chambers and Harris Counties, Texas – S. Gillett Interim City Manager Steve Gillett presented a summary. Resolution 2012-05: Assistant City Attorney Clark Askins read the caption of ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE CONCERNINGTHE PORT OF HOUSTON’S PROJECT TO DEEPEN AND WIDEN THE BAYPORT SHIP CHANNEL IN CHAMBERS AND HARRIS COUNTIES, TEXAS. Councilmember Leonard moved to approve Resolution 2012-05supporting the Port of Houston’s project to deepen and widen the Bayport Ship Channel; using the existing, permitted disposal area; and opposing the creation and use of a new, Beneficial Use(BU) marsh at any location on the west side of the Houston Ship Channel without the requirement of an Environmental Impact Statement. MOTION PASSED. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Page 2 of 4 June 25, 2012, City Council Meeting Minutes (b) Consider approval or other action regarding an Ordinance approving and authorizing an Interlocal Agreement between the City of La Porte and the City of Pasadena for reapportionment ofextraterritorial jurisdiction boundaries – T. Tietjens Planning Director Tim Tietjens presented a summary. Ordinance2012-3421: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF PASADENA, FOR REAPPORTIONMENT OF EXTRATERRITORIAL JURISDICTION BOUNDARIES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Leonard moved to approve Ordinance 2012-3421 authorizing an Interlocal Agreement between the City of La Porte and the City of Pasadena for reapportionment of MOTION PASSED. extraterritorial jurisdiction boundaries.Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None 7. DISCUSSION OR OTHER ACTION (a) Consider providing direction to staff regarding proposed conversion to a Municipal Court of Record – D. Mitrano Municipal CourtJudgeDenise Mitrano discussed proposed conversion to a Municipal Court of Record. Council directed staff tomove forward converting to a Municipal Court of Record, including the position of the Municipal Judge becoming a full-time employee. 8. STAFF REPORTS (a) Receive drainage report – J. Garza Senior Engineer Julian Garza provided a drainage report. 9. ADMINISTRATIVE REPORTS (a) La Porte RedevelopmentAuthority Meeting, Wednesday, June 27, 2012 (b) City Council Meeting, Monday, July 9, 2012 (c) City Council Meeting, Monday, July 23, 2012 (e) Charter Review Commission Meeting, Tuesday, July 24, 2012 10. 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– CouncilmembersZemanek,Leonard, Engelken, Mosteit, Clausen, Martin,Moser,Kaminski, and Mayor Rigby. Mayor Rigby and City Council thanked Interim City Manager Steve Gillett for an exceptional job and welcomed City Manager Corby Alexander, in addition to Councilmembers Martin, Moser and Kaminski wishing Councilmember Zemanek a Happy Birthday. 11.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: Page 3 of 4 June 25, 2012, City Council Meeting Minutes Texas Government Code, Section 551.072 – Deliberation regarding real property:Discussion of the sale of property located at 912 West Main Street. City Council recessed the regular meeting to convene an executive session at 6:56 p.m. to discuss the sale of property located at 912 West Main Street. 12.RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at7:13 p.m. MOTION Councilmember Engelken moved to reject the offer. Councilmember Leonard seconded. PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None 13.ADJOURN There being no further business, at 7:13 p.m. Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, _______________________________ Patrice Fogarty, City Secretary Passed and approved on July 9, 2012. ________________________________ Mayor Louis R. Rigby Page 4 of 4 June 25, 2012, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation AgendaDate Requested: July 9, 2012 Source of Funds:General Fund Requested By:David Mick Account Number:00170715314015 Department:Public Works Amount Budgeted: $225,000 Report: Resolution:Ordinance: Amount Requested: $ 52,575.00 Exhibits: Bid Tabulation Budgeted Item:YES Exhibits: Bidder’s List Exhibits: SUMMARY & RECOMMENDATION Limestone is usedas a compacted roadway base that is covered withan asphaltor concrete course.It is also used to backfill storm sewer pipe that is laid under pavement. Advertised, Sealed Bid #12025–Flexible Limestone Basewas opened and read on June 19, 2012.Bid requests were sent to six(6)vendorsand one additional request through the City website, withtwo(2) returningbids. Low bid meeting specifications and providing the best value was submitted by Vulcan Construction Materials for $52,575.00. Vulcan Construction Materials has been a supplier to the City of La Porte in the past for this material. This will be an annual contract. Action Required by Council: Consider approval or other action awarding Bid #12025 Flexible Limestone Base to Vulcan Construction Materials for $52,575.00 Approved for City Council Agenda Corby D. Alexander,City ManagerDate BIDDER’S LIST Sealed Bid #12025 –Flexible Limestone Base Martin Marietta Materials PO Box3129 Humble, TX 77347 VulcanConstructionMaterials 12603 S W Freeway Suite 300 Stafford, TX 77477 Gulf Coast Limestone, Inc PO Box 66 (HUB VENDOR) Seabrook, TX 77586 Gulf States Material, Inc PO Box 1425 La Porte, TX 77572 Texas Aggregate & Base Materials, Inc. 22136 Westheimer Parkway, Suite 213 Katy, TX 77450 Smart Materials, Inc. 1404 Wallisville Road Liberty Texas 77575 Added from Website Source Management Onvia, Inc. Seattle, WA 98101 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:July 9, 2012 Source of Funds:Fund 015 Requested By:Tim Tietjens 015-9892-709-1100 Account Number:015-9892-627-1100 Department:Planning Amount Budgeted:$124,611 Report: XResolution:Ordinance: Amount Requested:$99,178 Exhibits:Bidder’s List Budgeted Item:YES_X_NO___ Exhibits: Bid Tabulation ExhibitsReplacement/Infill Locations SUMMARY & RECOMMENDATION This year,the two sidewalk programs were merged into a single project for bidding purposes. The scope of this project encompassesapproximately 3,400 LFof sidewalk replacement, 800LFof sidewalk infill and the constructionof 16 wheelchair ramps. Out of the 19 firms that picked up bid packages, the City received 10 bid proposals.Bids were opened on June 19 with the low bid beingsubmitted by South Ranger Construction in the amountof $90,177.16. Staff, being unfamiliar with the firm,interviewed their referencesand foundSouth Ranger Construction qualifications acceptable. Staff’s recommendation is to enter into contract to construct the 2012 City Wide Sidewalk Replacement and Infill Project with South Ranger Construction in the amount of $90,177.16 and establish a construction contingency account in the amount of $9,000. In the past,the construction contingency has been used to address additional citizen generated sidewalk concerns thatarisewhen citizens seesidewalk reconstructionactivities. Project Benefits, Liabilities, and Operating Costs The Sidewalk Replacement Program was initiatedin 1994 to address pedestrian hazardson approximately 100 miles of City sidewalks. Over the years this project has become very popular with La Portians. In general, citizen participationaccounts for the identification of 50% of the areas qualifying for replacement. The Sidewalk Infill Program came into existence in 2007 to provide a safe pedestrian neighborhood connectionto schools, City facilities,andin-fill the voids within neighborhoods. Typically,new sidewalks have no impact on operating costs. Sidewalks have a life expectancy of 7-25 years pending evolution of the topography, therefore these same sidewalks may need to be replaced in the future. Action Required by Council: Consider authorizing the City Manager to enter into a construction contract with South Ranger Construction in the amount of $90,177.16 and establish a construction contingency in the amount of $9,000. Approved for City Council Agenda Corby D. Alexander,City ManagerDate BIDDER’S LIST SEALED BID # 12027 –2012 City Wide Sidewalk Replacement Project Al-Con Construction Services Lucas Construction 40 A Blue Stem551 C League City Parkway Dayton, Texas, 77535League City, Texas 77573 Mar-Con Services, LLC Aztec Remodeling and Landscaping P.O. Box 837 107 Chirleen Ln Deer Park, Texas77536 Seabrook, Texas 77586 Metro City Baja Interests, Inc. 5715 Luce St. 943 Chinquapin Place Houston, Texas 77087 Houston, Texas 77094 Oates Industries, Inc. Brooks Concrete, Inc. 2900 E. Avenue X 4018 Allen Genoa La Porte, Texas 77571 Pasadena, Texas Ranger Constructions Complete Concrete th 2114 9 St. 20051 Crescent Creek Dr. Galena Park, TX 77547 Katy, Texas 77449 T&T Construction Curb Planet, Inc. 204 Preston Rd P.O. Box 5787 Pasadena, Texas 77503 Pasadena, Texas 77508 Teamwork Construction Services Derk Harmsen 2901 ½ Preston 2820 Center St. Pasadena, Texas 77503 Deer Park, Texas77536 Windsor Contracting Follis Construction P.O. Box 940295 111 N. Broadway Houston, Texas 77094 La Porte, Texas 77571 Plan Rooms Forde Construction Co. 6842 Calle Lozano St., AGC Highway/Utilities Houston, Texas 77041 2400 Augusta, Suite 305 Houston, Texas 77057 Ideal Construction Services 10726 North P St La Porte, Texas 77571 L&M Contractors 511S. Utah La Porte, Texas 77571 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:July 9, 2012 Source of Funds:C I P Requested By:Chief Adcox Account Number:015-9892-628-5110/ Department:La Porte Police Dept. CIP ContingencyAcct. Report: XResolution:Ordinance: Amount Budgeted:$105,000 Exhibits:Bid List Amount Requested:$130, 788 Exhibits: Bid Tab Budgeted Item:YES Exhibits SUMMARY & RECOMMENDATION th On June 19,the City received six (6) bid proposals to construct a D.O.T. Weigh Station underneath the Hwy 146 overpass at Barbour’s Cut Blvd consisting of three lanes for staging trucks with a fourth lane as a LPPD staging area. The project’s ultimate goal is to provide an offsite area to safely conduct truck/trailer inspections. The low bid was submitted by R.W. Lucas Construction in the amount of $130,788. This is $25,788abovetheamount originally approved for this project in the2011/2012 budget. The additional funds are available in the Capital Improvement Projects Contingency Accountand staff is recommending that a budget amendmentfrom the CIP Contingency accountbe made in order to increase funds available for this project and that the constructionbid in question be awarded to the project’s low bidder, R.W. Lucas. Project Benefits, Liabilities, and Operating Costs: Because of its proximity to the Port of Houston, the area surrounding the intersection of Highway 146 and Barbours Cut Boulevard consistently experiences very heavy truck traffic. A secure commercial vehicle inspection site at this location will allow for the Police Department’s assigned DOT Officers to safely inspect trucks travelling in any direction through the intersection in questionand reduce dangerous exposure of officers and truck drivers to traffic while these duties are being performed. While the City of La Porte’s General Liability Insurance, should protectthe City relating to any injury or damage claims arising from activities occurring on the proposed site, maintenance and operation of the site shall be entirely the responsibility of the City. Since the improvements in question will be limited to a single large concrete slab and no structures of any kind are being proposed, maintenance should be limited to keeping the area a clean,sanitary, and in good repair. Since the slab is being appropriately engineered to withstand heavy loads and will be new construction, City Engineering has advised that maintenance and repairs are expected to be very minimal and should not be required for several years. As such, significant on-going maintenance costs are not anticipated as part of operating the site in question. Action Required by Council: Consider approval or other action authorizing the City Manager to enter into a construction contract with R.W. Lucas Construction LLC for $130,788and authorize a budget adjustment to increase account015-9892-628-5110by $25,788from the CIP Contingency account. Approved for City Council Agenda Corby D. Alexander, City ManagerDate BIDDER’S LIST Sealed Bid # 12026LaPorte D.O.T. WeighStation Al-con Construction ServicesT&TConstruction 204 Preston Rd 40 A Blue Stem Dayton, TX 77535 Pasadena, Texas 77503 Angel Brothers Enterprises, Ltd. Teamwork Construction Services 5210 West Rd. 2901 ½ Preston P.O. Box 570 Pasadena, TX 77503 Baytown, TX 77522-0570 Texcore Construction Specialties Aztec Remodeling 2724 Knoxville 107Chirleen Ln League City, TX 77573 Seabrook, TX 77586 Triple B Services Brooks Concrete Inc 820 Old Atascocita 4018 Allen Genoa Huffman, TX 77336 Pasadena, TX 77504 Follis Construction Plan Rooms 111 N Broadway La Porte, TX 77571 Bid Ocean P.O. Box 40445 General Contractor Service Grand Junction, CO 81504 8400 La Porte Rd Houston, Texas iSqFt® and Houston AGC Plan Room 3825 Dacoma St Ideal Construction Services Houston, TX 77092 10726 North P St LaPorte, TX 77571 Virtual Builders Exchange Attn: Sarrah Hearn Lucas Construction 3910 Kirby Dr., Suite 131 551 C League City Parkway Houston, Texas 77098 League City, TX 77573 Mar-Con Services, LLC PO Box 837 Deer Park, TX 77536 Park Construction 2505 Wehring Roseburg, TX 77471 Paskey Inc. 10406 Spencer Hwy Suite A La Porte, TX 77571 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:7-9-12 Source of Funds: Requested By:Kenith Adcox Account Number: Department:Police Amount Budgeted: Report: Resolution:Ordinance:XXX Amount Requested: Exhibits: 1. OrdinanceAmending Chapter 42, Article II, Budgeted Item:YESNO “Weapons”, prohibiting the discharge of a firearm within the city limits of La Porte. 2. Strike-out Version of Ordinance Amending Chapter 42, Article II, “Weapons”, prohibiting the discharge of a fire- arm withinthe city limits of La Porte. SUMMARY & RECOMMENDATION In the interest of Public Safety, State Law currently prohibits the discharge of a firearm in municipalities having a population of 100,000 or more, Texas Penal Code, Section 42.12; Discharge of Firearm in Certain Municipalities.As such, State law does not apply to the City of La Porte and the discharge of firearms within the city limits of La Porte is not currently restricted. State lawdoes, however, specifically give municipalities, such as La Porte, the authority to enact its own ordinance,which prohibits the discharge of a firearm. Staff is recommending that City Council consider doing so. Action Required by Council: Consider approval or other action of an Ordinance Amending Chapter 42, Article II, “Weapons”, prohibiting the discharge of a firearm within the city limits of La Porte. Approved for City Council Agenda Corby Alexander, City ManagerDate ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 42, "MISCELLANEOUS OFFENSES", ARTICLE II, "WEAPONS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY RESTRICTING DISCHARGE OF FIREARMS WITHIN THECITY LIMITS; PROVIDING FOR DEFENSES;CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDREDDOLLARS;PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; 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. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby amended by adding new Sections 42-28through 42-30,and amending Section42-31,and shall hereafter read as follows, to-wit: "Sec.42-28.Purpose. This ordinanceis adopted so that the City may promote the public health, safety, morals, and general welfare within the City through the regulation of the discharge of firearms and air guns. The City seeks to prevent bodily injury, death, and property damage within the City limits by restricting the discharge of such devises as provided herein. Sec.42-29. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section: Air Gun (a)means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of air or compressed gases. The term "air gun" includes but is not limited to BB guns, pellet guns, air pistols, paintball guns, and air rifles. Firearm (b)means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. The term "firearm" includes but is not limited to revolvers, pistols, handguns, rifles, and shotguns. Sec.42-30. Discharge of firearms and air guns prohibited; exceptions. (a)It shall be unlawful for any person to discharge a firearm or air gun within the City limits. (b)It is a defense to prosecution under this section that: (1)The person discharged a firearm or air gun in the lawful defense or protection of a person or property in accordance with state law; (2)The person was a licensed peace officer, licensed security guard, or a member of the United States or state armed forces at the time of the discharge and provided that any such discharge is made in the course and scope of his or her official duties; (3)The person was a duly appointed animal control officer in the course and scope of his or her official duties and was euthanizing a sick or injured animal or eradicating a predatory animal; (4)The person used blank cartridges for a theatrical production, an event sponsored by a military organization, a funeral with military honors, an athletic event, or other ceremonial or commemorative events, provided that the discharge is performed safely and directed away from persons, animals, or structures so as to prevent bodily injury or property damage; (5)The person discharged an air gun on his or her own property, provided such device is not fired into or onto another person's property without the other owner's consent; (6)The person was at a shooting range operated by the United States government, or the State of Texas, or political subdivision of the state, or which is privately operated as authorized or permitted by the City; (7)The person was participating in an amusement arcade or paintball amusement facility authorized or permitted by the City; or (8) The person was using any mechanism designed to propel nails, bolts, screws, rivets, or other fasteners, so long as such mechanism was being used for its intended purpose. 2 Section 42-31. Discharge of firearms authorized on certain property. (a) The prohibition of the discharge of firearms shall not apply to an area annexed by the City after September 1, 1981, if the firearm or weapon is: (1) a shotgun, air rifle, pistol, or BB gun discharged: a.on a tract of land 10 acres or more; b.more than 150 feet from a residence or occupied building located on another property; and c.in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (2) a center fire or rim fire rifle or pistol of any caliber discharged: a.on a tract of land 50 acres or more; b.more than 300 feet from a residence or occupied building located on another property; and c.in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (b) The prohibition of the discharge of firearms shall not apply on property owned by the United States, State of Texas, or a political subdivision of this state, where the discharge is conducted by an official, employee, or agent of such entity in the course and scope of his or her official duties or where conducted pursuant to an officially sanctioned wildlife management program.” Section 2. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby amended by amending section 42-37, and shall hereafter read as follows, to-wit: “Sec. 42-37. Penalty for violation of article. Anypersonwhoviolatesthisarticleshallbeguiltyofamisdemeanor 3 anduponconvictioninthemunicipalcourtofthecityshallbe subjecttoafineinanamountestablishedbythecityandlisted inappendixBofthisCode.Neither allegation nor evidence of a culpablemental state is required for the proof of an offense defined in this article. Section 3. 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 matterthereof 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. Section4. 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 5. 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 4 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, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section6. Any person whoviolates 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 five hundred dollars ($500.00). Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least oncewithin ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this ____ day of _____________, 2012. CITY OF LA PORTE By: ______________________________ Louis R. Rigby Mayor 5 ATTEST: ______________________________ Patrice Fogarty City Secretary APPROVED: ______________________________ Clark T. Askins Assistant City Attorney 6 ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 42, "MISCELLANEOUS OFFENSES", ARTICLE II, "WEAPONS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY RESTRICTING DISCHARGE OF FIREARMS WITHIN THECITY LIMITS; PROVIDING FOR DEFENSES;CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDREDDOLLARS;PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; 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. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby amended by adding new Sections 42-28through 42-30,and amending Section42-31,and shall hereafter read as follows, to-wit: "Sec.42-28. Purpose. This ordinanceis adopted so that the City may promote the public health, safety, morals, and general welfare within the City through the regulation of the discharge of firearms and air guns. The City seeks to prevent bodily injury, death, and property damage within the City limits by restricting the discharge of such devises as provided herein. Sec.42-29. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section: Air Gun (a)means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of air or compressed gases. The term "air gun" includes but is not limited to BB guns, pellet guns, air pistols, paintball guns, and air rifles. Firearm (b)means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. The term "firearm" includes but is not limited to revolvers, pistols, handguns, rifles, and shotguns. Sec.42-30. Discharge of firearms and air guns prohibited; exceptions. (a)It shall be unlawful for any person to discharge a firearm or air gun within the City limits. (b)It is a defense to prosecution under this section that: (1)The person discharged a firearm or air gun in the lawful defense or protection of a person or property in accordance with state law; (2)The person was a licensed peace officer, licensed security guard, or a member of the United States or state armed forces at the time of the discharge and provided that any such discharge is made in the course and scope of his or her official duties; (3)The person was a duly appointed animal control officer in the course and scope of his or her official duties and was euthanizing a sick or injured animal or eradicating a predatory animal; (4)The person used blank cartridges for a theatrical production, an event sponsored by a military organization, a funeral with military honors, an athletic event, or other ceremonial or commemorative events, provided that the discharge is performed safely and directed away from persons, animals, or structures so as to prevent bodily injury or property damage; (5)The person discharged an air gun on his or her own property, provided such device is not fired into or onto another person's property without the other owner's consent; (6)The person was at a shooting range operated by the United States government, or the State of Texas, or political subdivision of the state, or which is privately operated as authorized or permitted by the City; (7)The person was participating in an amusement arcade or paintball amusement facility authorized or permitted by the City; or (8) The person was using any mechanism designed to propel nails, bolts, screws, rivets, or other fasteners, so long as such mechanism was being used for its intended purpose. 2 Sec.42-31.-Shootingairguns,slingshotsandothersimilardevices in,acrossornearpublicsquareorstreet Itshallbeunlawfulforanypersontoshootanairgun,slingshot, catapultorsuchlikedevice,orhurlorthrowanymissilebythe useofanairgun,slingshot,catapultorsuchlikedevice,in,across ornearanypublicsquareorstreetwithinthecitylimits. Section 42-31. Discharge of firearms authorized on certain property. (a) The prohibition of the discharge of firearms shall not apply to an area annexed by the City after September 1, 1981, if the firearm or weapon is: (1) a shotgun, air rifle, pistol, or BB gun discharged: a.ona tract of land 10 acres or more; b.more than 150 feet from a residence or occupied building located on another property; and c.in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (2) a center fire or rim fire rifle or pistol of any caliber discharged: a.on a tract of land 50 acres or more; b.more than 300 feet from a residence or occupied building located on another property; and c.in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or (b) The prohibition of the discharge of firearms shall not apply on property owned by the United States, State of Texas, or a political subdivision of this state, where the discharge is conducted by an official, employee, or agent of such entity or where conducted pursuant to an officially sanctioned wildlife management program.” Section 2. Chapter 42, "Miscellaneous Offenses", Article II, "Weapons", of the Code of Ordinances of the City of La Porte is hereby 3 amended by amending section 42-37, and shall hereafter read as follows, to-wit: “Sec. 42-37. Penalty for violation of article. Anypersonwhoviolatessection42-33or42-34ofthisarticle,upon convictioninthemunicipalcourtofthecity,shallbesubjectto afineforeachoffenseinanamountestablishedbythecityandlisted inappendixBofthisCode. “Sec. 42-37. Penalty for violation of article. Anypersonwhoviolatesthisarticleshallbeguiltyofamisdemeanor anduponconvictioninthemunicipalcourtofthecityshallbe subjecttoafineinanamountestablishedbythecityandlisted inappendixBofthisCode.Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article. Section 3. 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 matterthereof 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. Section4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; 4 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 5. 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, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section6. Any person whoviolates 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 five hundred dollars ($500.00). Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least oncewithin ten (10) days after the passage of the ordinance. 5 PASSED AND APPROVED, this ____ day of _____________, 2012. CITY OF LA PORTE By: ______________________________ Louis R. Rigby Mayor ATTEST: ______________________________ Patrice Fogarty City Secretary APPROVED: ______________________________ Clark T. Askins Assistant City Attorney 6 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:7-9-12 Source of Funds: Requested By:Kenith Adcox Account Number: Department:Police Amount Budgeted: Report: Resolution:Ordinance:XXX Amount Requested: Exhibits: Ordinance Amending Chapter 70 Budgeted Item:YESNO of Code of Ordinances –“Traffic & Fines” SUMMARY & RECOMMENDATION The Texas Transportation Code Chapter 681provides for theenforcement of prohibitions relating to parking spaces reserved for persons with disabilities. As allowed by Texas Transportation Code Sec.681.011(f), the proposed ordinance would adoptthe entirety of Texas Transportation Code Sec. 681.011into Chapter 70 of the City’s Code of Ordinances, to better provide for application of state law against violators illegally parked on either public and private property that is designated in compliance with the identification requirements for disabled parking underTexas Commission of Licensing and Regulation standards and specifications, within the city limits of La Porte. Action Required by Council: “Sec. 70-184 “Disabled Parking Consider approval or other action for the addition of Article V, Violations” toChapter 70 “Traffic and Vehicles” of the Code of Ordinances. Approved for City Council Agenda Corby D. Alexander, City ManagerDate ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 70“TRAFFIC AND VEHICLES” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS FOR DISABLED PARKING;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 ONE THOUSAND TWOHUNDRED FIFTYDOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCEWITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE : Section 1. Chapter 70, “Traffic and Vehicles,” Article V “Stopping, Standing and Parking”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 70-184, which shall hereinafter read as follows,to wit: “Sec. 70-184. Disabled Parking Violations. (a)In this section the following definitions shall apply: Disabled Parking Placardmeans the placard issued by the state under Section 681.002 of the Texas Transportation Code, as amended. Disabled Personmeans a person who has a permanent or temporary disability within the meaning of Section 681.001 of the Texas Transportation Code, as amended, and who has applied for and received: (A)a disabled person or disabled veteran license plate from the state : (B)a disabled parking placard from the state; or (C)a license plate of placard bearing the international symbol of access issued by a state or by a state or province of a foreign country. Disabled Person License Platemeans the specially designed license plate of a vehicle, issued by the state to a permanently disabled person under Section 504.201 of the Texas Transportation Code,as amended. DisabledVeteran License Platemeans the specially designed license plate of a vehicle, issued by the state to a disabled veteran under Section 504.202 of the Texas Transportation Code, as amended. International Symbol of Accesshas a meaning assigned in Section 681.001 of the Texas Transportation Code, as amended. (b) Violations of disabled parking regulations on public or private property are governed by, and may be enforced pursuant to, Chapter 681, Texas Transportation Code, as amended. (c) As authorized by Texas Transportation Code Sec. 681.011(f), the entirety of Texas Transportation Code Sec. 681.011 is hereby adopted to apply to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Texas Transportation Code Sec. 681.009(b), as amended. (d) An unauthorized vehicle, whether on public or private property, may be removed and stored at the expense of the owner or operator of the vehicle in accordance with the provisions of Chapter 2308 of the Texas Occupations Code, as amended. (e) A vehicle is an unauthorized vehicle for purposes of this section if the vehicle: (A) does not display a disabled person or disabled veteran license plate, a disabled parking placard, or a license plate or placard bearing the international symbol of access, and the vehicle is parked, stopped, or standing in a parking space or area designated specifically for the disabled; or (B) is blocking an access ramp or any other architectural improvement designed to aid disabled persons. (f)Violations of this ordinance shall be punishable as provided in State law.” 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, vividness or 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 one thousand two hundred fifty dollars($1250.00). Section 5. The City Council officially finds, determines, recites and declares thata 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 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 Budget Agenda Date Requested:July 9, 2012 Source of Funds: Requested By:Chief Ken Adcox Account Number: Department:Police Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits:None Budgeted Item:____YES____NO Exhibits: Exhibits SUMMARY & RECOMMENDATION City Council approved a Capital Improvement Project in the FY 2011-2012 Budget for the construction of a new Animal Shelter. A site was subsequently selected and approved by City Council and a professional services agreement entered intowith Jackson & Ryan Architectsfor the design of the facility. Ms. Martha Seng of Jackson & Ryan Architects will present several design options and elevations relating to the proposed Animal Shelter, providing for City Council feedback prior to the selection of a final design. Action Required by Council: Receive Council input and recommendations relating to the design of the new Animal Shelter. Approved for City Council Agenda Corby D. Alexander,CityManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: July 9, 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 ___________________________________________________________ Corby D. Alexander, City ManagerDate CITY COUNCIL DRAINAGE REPORT July9, 2012 Contract Design and Construction th South 16Street.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. Third Street Drainage Improvements.Received contract from Texas General Land Office, procurement of engineering service to follow. F216 Regional Detention Phase II.Survey complete, Hydrologic and Hydraulic study underway.Preliminary findings are expected by mid July. In-House Design and Construction of City-Initiated Projects Battleview Area.Survey and design complete. Plans submitted for pipeline review and approval. East Main.Construction is substantially complete. 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.Survey is complete and design underway for drainage improvements along North Shady Lane. In-Fill DrainageMaintenance.Public Works working oncompleting drainage th maintenance at 15and C Streetand East Main Street. Arizona Ditch from C Street to D Street.Public works to begin construction of an overflow swale and upsize the storm sewer system for additional capacityby the week of June 28th. Council Agenda Item July 9,2012 8.ADMINISTRATIVE REPORTS (a) La Porte Development Corporation Board Meeting, Monday –July 16, 2012 (b) City Council Meeting, Monday, July 23, 2012 (c) Citizens’ Charter Review Advisory Commission Meeting, Tuesday, July 24, 2012 9. 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 Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby. 10.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. 11RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item July 9, 2012 12.ADJOURN ***********************************************************************************