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Home My WebLink About08-27-12 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 August27, 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. 1.CALL TO ORDER 2.INVOCATION –The invocation will be givenbyDee Spears,Fairmont ParkChurch. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by Councilmember Mike Clausen. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation–“Texting and Driving -It Can Wait Day” –Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutesper person.) 6.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 regarding the minutes of regular meeting and Budget Workshop held on August 13-14, 2012 –P. Fogarty (b) Consider approval or other action regardingan ordinance authorizing the City Manager to execute a Water Service Agreement, and a Sanitary Sewer Service Agreement with Altom Transport, Inc.,in the Bayport Industrial District –T. Tietjens (c) Consider approval or other action regarding a resolution authorizing designated signators for the Texas Community Development Block Grant Program Contract 12-484-000-6650 Round 2.2 –T. Tietjens (d) Consider approval or other action regarding a resolution authorizing the City Manager to sign a grant award and other documents for the Selective Traffic Enforcement Program (STEP) grant –K. Adcox 7.DISCUSSION OR OTHER ACTION (a) Discussionor other action regarding proposed zoning ordinance amendmentsto allow accessory structures without accompanying primary use within the Large Lot zoning district –T. Tietjens (b) Consider approval or other action regarding Change Order No. 1 for Lomax Arena Roof Replacement construction contract and Alternate 1 Extensions –S. Barr (c) Consider approval or other action regarding an ordinance amending Chapter 42, “Miscellaneous Offenses,” of the Code of Ordinances of the City ofLa Porte, by prohibiting the discharge of firearms within the city limits –K. Adcox (d) Consider approval or other action regarding Republic Servicescommercial rate audit –D. Mick (e) Consider approval or other action appointing and/or reappointing members to various boards, commissions and committees –P. Fogarty 8.STAFF REPORTS (a) Receive Drainage Report –J. Garza (b) Receive Delinquent Tax Report–Mayor Rigby 9.ADMINISTRATIVE REPORTS (a) Labor Day, City Offices closed,Monday,September 3, 2012 (b) Citizens’ Charter Review Advisory Commission Meeting, Tuesday, September 4, 2012 (c) City Council Meeting, Monday,September 10, 2012 (d) La Porte Development Corporation Board Meeting, Monday, September 10, 2012 (e) City Council Meeting, Monday,September 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–CouncilmembersClausen,Martin,Moser,Kaminski,Zemanek, Leonard,Engelken, Mosteitand Mayor Rigby. 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. Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of apublic officer or employee: Corby Alexander, City Manager 12.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. 13.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 August 27,2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 21, 2012. Patrice Fogarty, City Secretary Council Agenda Item August 27, 2012 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Dee Spears, Fairmont Park Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Mike Clausen. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation –“Texting and Driving -It Can Wait Day” –Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) *********************************************************************************** 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 LargeB MIKE CLAUSEN MIKE MOSTEIT Councilmember District 6 Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING INCLUDING A BUDGET WORKSHOP ON PROPOSED 2012-2013FISCAL YEAR BUDGET OF THE CITY COUNCILOF THE CITY OF LA PORTE AUGUST 13-14,2012 Monday, August 13,2012and The City Council of the City of La Portemet in regularmeetingson Tuesday, August 14, 2012, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, 6:00p.m Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present: Councilmembers Engelken,Martin, Kaminski, Clausen, Leonard and Moser. Absent: CouncilmembersMosteitand Zemanek.Also present were City Secretary Patrice Fogarty,City Manager Corby Alexanderand City Attorney ClarkAskins. 2.INVOCATION -The invocation was given byFather Gary Rickles–St. Mary’s Catholic Church 3.PLEDGE OF ALLEGIANCE -The pledge of allegiance was led by Mayor Rigby. 4.PUBLIC COMMENTS (Limited to five minutesper person.) Phillip Hoot, 927 Seabreeze, addressed Council regarding the proposed budget and the possible percentage of overhead expenses. th Larry Haller, 122 S. 17, declined to comment at the present time. Deb Gallington, 811 Oak Leaf, addressed Council in favor of the city continuing to fund membership with Bay Area Houston Convention and Visitor’s Bureau. Joe Bertuglia, 101 E. Main, addressed Council in favor of the city continuing to fund membership with Bay Area Houston Convention and Visitor’s Bureau. th Donald Thorsen, 1250 S. 13, addressed Council in favor of the city continuing to fund membership with Bay Area Houston Convention and Visitor’s Bureau. th Rebecca Powell,902 S. 8addressed Council in favor of the city continuing to fund membership with Bay Area Houston Convention and Visitor’s Bureau. 5CONSENT 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 an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular City Council meeting held on July 23,2012 –P. Fogarty Page 1of 6 August 13-14, 2012 City Council Meeting Minutes (b) Consider approval or other action regardingan ordinance amending the City of La Porte Fiscal Year 2011-2012 Budget –M. Dolby (c) Consider approval or other action regardinga resolution adopting a City of La Porte Investment Policy as required by GASB 31 (Governmental Accounting Standards Board) –M. Dolby (d) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into an Industrial District Agreement with Carson VA Industrial LP –M. Dolby (e) Consider approval or other action appointing Walter Ruano to the La Porte Police Reserve Force –K. Adcox (f) Consider approval or other action regardingan ordinance authorizing an Interlocal Agreement between the City of La Porte and the La Porte Independent School District for provision of six patrol officers at La Porte Independent School District–K. Adcox (g) Consider approval or other action regarding anordinance vacating, abandoning and closing a portion of the West “E” Street Right-of-Way –T. Tietjens (h) Consider approval or other action authorizing the City Manager to execute a project agreement with the Houston-Galveston Area Council (HGAC) for a one-day event to collect and dispose of household hazardous waste and electronic waste –D. Mick (i) Consider approval or other action authorizing the City Manager to negotiate and execute a purchase and sale agreement, and any necessary agreements and instrumentsrelated thereto, for the transfer of 912 W. Main Street to the La Porte Development Corporation, acting as an independent foundation, for the resale of such property to Marty Campise and Joe Bertuglia for the development of medical/office space and retailspace –T. Leach (j) Consider approval or other action authorizing the City Manager to negotiate and execute a purchase and sale agreement, and any necessary agreements and instruments related thereto, th for the transfer of 911and 915 S. 8Street to the La Porte Development Corporation, acting as an independent foundation, for the resale of such property to G Force Development, Inc.,for the development of office space –T. Leach Councilmember Engelkenmoved to approve the Consent Agenda pursuant to MOTION PASSED. recommendations by City Staff. Councilmember Clausenseconded. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Engelken, Moser, Kaminski and Martin Nays:None Absent:Councilmembers Mosteit and Zemanek 6.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Public Hearing toreceive comments regarding La Porte Fire Control, Prevention and Emergency Medical Services District’s proposed budget for the fiscal year which begins October 1, 2012 –M. Boaze The public hearing was opened at 6:17p.m. regarding the La Porte Fire Control, Prevention and Emergency Medical Services District’s proposed budget for the fiscal year which begins October 1, 2012. Fire Chief Mike Boaze presented a summary. Page 2of 6 August 13-14, 2012 City Council Meeting Minutes Phillip Hoot, 927 Seabreeze, questioned what is being done to offset the cost of adding an ambulance at Fire Station No. 1.Fire Chief Boaze responded the third crew added for the ambulance is in the regular budget; funds from the Fire Control, Prevention and Emergency Medical Services District’s covered other items and the budget remained flat. The public hearing was closed at 6:28p.m. (b) Consider approval or other action regarding the La Porte Fire Control, Prevention and Emergency Medical Services District’s proposed budget for the fiscal year which begins October 1, 2012 –M. Boaze Councilmember Engelkenmoved to approve the La Porte Fire Control, Prevention and Emergency Medical Services District’s budget for the fiscal year which begins October 1, 2012 MOTION PASSED. Councilmember Clausenseconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Martin, Clausen, and Moser Nays:None Absent:Councilmembers Mosteit and Zemanek 7.DISCUSSION OR OTHER ACTION (a)Discussion or other action concerning the proposed 2012-2013Fiscal Year Budget of the City of La Porte, Texas–C. Alexander Mayor Rigby proposed 9:00 p.m. as the time to recess each budget meeting until concluded. Finance Director Michael Dolby began the presentation by discussing the 2013 Budget Summary for Fiscal Year 2013and an indepth budget discussion followed. Human Resources Manager Katherine Anderson and Benefits Consultant Lance Pendley with McGriff, Seibels & Williams of Texas, Inc. presented the proposed 2013 Fiscal Year Medical Benefits. Councilmember Leonard questioned what would happen to Post 65 Retirees of medicare benefits were no longer available. Mr. Pendley responded the Post 65 Retirees could be placed backon the self funded medical plananytime.Councilmember Leonard also questioned if a Pre 65 Retiree would be automatically enrolled into the Post 65 Retiree plan. Human Resources Manager Katherine Anderson responded yes. City Council recessed for a break at 7:23p.m.and reconvened at 7:32 p.m. Fire Chief Mike Boaze presented the 2013 Fiscal Year proposed budget for the Emergency Services Department. Police Chief Ken Adcox presented the 2013 Fiscal Year proposed budget for the Police Department. Director of Parks and Recreation Stephen Barr presented the 2013 Fiscal Year proposed budget for the Parks and Recreation Department. Planning Director Tim Tietjens presented the 2013 Fiscal Year proposed budget for the Planning Department. Page 3of 6 August 13-14, 2012 City Council Meeting Minutes Assistant City Manager Traci Leach presented the 2013 Fiscal Year proposed budget for Administration and Community Investment. Assistant City Manager Traci Leach requested direction from Council regarding continued funding of Harris County Transit. Councilmember Moser commented the transportation was utilized and he would like to see it continued. Ms. Leach was directed to provide ridership destination and the cost per person for further discussion by Council. City Manager Corby Alexander advised it was 8:55 p.m. and the meeting was at a point to recess if Council desired. Councilmember Martin requested clarification on account (4020) motor pool fund on Tuesday evening when the meeting reconvenes. Mayor Rigby requested information on tuition reimbursement to see if life experience and on-line studies were included in the policy and franchise fee agreement information for possible free cable services that include other city departments. Mayor Rigby also requested detailed budget line items be available to individuals seating in the audience as well. The meeting recessed at 8:58p.m. to reconvene on Tuesday,August 14, 2012,at 6:00 p.m. Tuesday, August 14, 2012 Mayor Rigby called the meeting to order at 6:00 p.m. on Tuesday, August 14, 2012.Members of Council present: Councilmembers Engelken, Martin, Kaminski, Leonard and Moser Absent: Councilmembers Mosteit, Clausen and Zemanek. Also present were City Secretary Patrice Fogarty andCity Manager Corby Alexander. City Manager Corby Alexander and Finance Director Michael Dolby began the meeting by distributing a memo to Council andproviding clarificationto questions asked by Councilmember Martin and Mayor Rigby the following evening. Mr. Dolby explained the 20% increase in motor pool lease fees; informed Council that Finance would follow up with Comcast regarding cable service fees after being informed by Craig D’Agostini that each building should be provided one cable drop. City Manager Corby Alexander advised the city does reimburse employees for tuition but the policy does not address life experience and on-line studies. MayorRigby requested staff provide Council with the current adopted policy. Court Administrator Lynda Kilgore presented the 2013 Fiscal Year proposed budget for Municipal Court. Human Resources Manager Katherine Anderson presented the 2013 Fiscal Year budget for the Human Resources Department. Emergency Management Coordinator Jeff Suggspresented the 2013 Fiscal Year budget for the IT (Information Technology) and Emergency Management Departments. Golf Course Manager Alex Osmond presented the 2013 Fiscal Year budget for the Golf Course. City Secretary Patrice Fogarty presented the 2013 Fiscal Year budgets for the City Secretary Office and City Council. Page 4of 6 August 13-14, 2012 City Council Meeting Minutes Assistant City Manager Traci Leach presented the 2013 Fiscal Year budget for the Legal Department. Finance Director Michael Dolby presented the 2013 Fiscal Year budget for the Finance Department. Public Works Director Dave Mick presented the 2013 Fiscal Year budget for the Public Works Department. Councilmember Moser requested lists for the number of fire hydrants installed; chip sealed and cracked sealed streets. Finance Director Michael Dolby presented the Utility Fund Revenues. Councilmember Martinquestioned the percentage of citizens paying utility bills by bank draft. Mr. Dolby responded hedid not have the information at the time but could provide it if requested. Councilmember Martin questioned if there was an option for citizens to receive utility bills electronically. Mr. Dolby responded, yes. City Council recessed for a break at 7:29p.m. and reconvened at 7:40p.m. Economic Development Coordinator Stacey Osborne presented the Hotel/Motel Revenues and the La Porte Development Corporation Funds. Public Works Director Dave Mick presented the Capital Improvements Projects. Councilmember Moser questioned how streets were selected for Asphalt Overlay Mr. Mick responded the Street Superintendent and Street Supervisor drove by and evaluated which streets were severely deteriorated.Councilmember Moser commented that “E” and “D” nd Streets from 2Street to Broadway were in the deterioration and were not on the list. Mr. Mick advised Public Works would evaluate the streets versus the streets listed. Councilmember Moser questioned how Shady River Drive was selected for the Concrete Street Replacement Program and not East D St.from east to west to Broadway and th Broadway to 5Street going west. Mr. Mick advised Public Works willlook at the streets. Councilmember Moser requested a list of Concrete Restoration Projects for Fiscal Year 2011-2012. Finance Director Michael Dolby reported there will be a TIRZ meeting (Tax Reinvestment Zone Number One) held on August 22, 2012 and the budget will be presented at the September 10, 2012City Council Meeting. Councilmember Moser requested overtime be reviewed in the Planning Department to assure public service in the community. Councilmember Leonard commented he has concerns with the Post 65Retirees and questioned if the Chapter 172 Employees and Retirees Insurance Benefits Board would be meeting before the budget was adopted. City Manager Corby Alexander responded staff would proceed with Council direction and added if recommendation were not available at time of adopting the budget it would not be a concern for adopting the new budget. 8.COUNCIL COMMENTS -Matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing Page 5of 6 August 13-14, 2012 City Council Meeting Minutes policy–Councilmembers Mosteit, Clausen, Martin,Moser,Kaminski,Zemanek, Leonard, Engelken, and Mayor Rigby. Councilmembers Martin, Moser and Kaminski thanked staff for the terrific presentations and expressed their appreciation. Councilmember Leonard commented staff does a great job every year and for the city to strive not to spend excessively. Councilmember Engelken thanked staff for a great job presented the proposed budget and commented the street evaluation process needs to be re-evaluated, he like the idea of a schedule for the Street Sweeper, the two employees impacted are communicated and given an opportunity to transfer to other positions. In addition Councilmember Engelken questioned if the city knew the difference between water line breaks last year versus this year and suggested future budgets show how the .71 cent tax is broken out for taxpayers.Mayor Rigby questioned if the titles (Emergency Management) were corrected on pages 3-11 and 3-59. Finance Director Michael Dolby responded the title on page 5-59 was not correct and would be corrected to reflect Administration for next year. Mayor Rigby commented the actual spending for the year and end of year estimates should be reviewed for funding in the next year budget and thanked staff, the Finance Department, City Manager Corby Alexander, Assistant City Manager and Interim City Manager Steve Gillett for a good job on preparing the budget. 9.EXECUTIVE SESSION There was no executive sessionduring the two meeting nights. 10.RECONVENE into regular session and consider action, if any, on items discussed in executive session. 11.ADJOURN There being no further business, the meeting was adjourned at 8:32 p.m. Respectfully submitted, ____________________________________ Patrice Fogarty, City Secretary Passed and approved on August 27, 2012. ____________________________________ Mayor Louis R. Rigby Page 6of 6 August 13-14, 2012 City Council Meeting Minutes FOR CITY COUNCIL AGENDA ITEM REQUEST Appropriation Agenda Date Requested: August 27, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: _X__ Amount Requested: ____N/A__________ Exhibits: Budgeted Item: YES XNO Ordinance Water Service Agreement Sanitary Sewer Service Agreement Area Map SUMMARY & RECOMMENDATION Altom Transport, Inc.has approached the City for water and sanitary sewer service to its recently- acquired siteat4700New WestDrivein Bayport North Industrial ParkI, located in the Bayport Industrial District (see Area Map).Altom is a specialized bulk carrier that handles a diverse range of petroleum and chemical productsand will maintain a workforce of approximately 150 full time employees. Council has approved a policy to provide water and sanitary sewer service to companies located outside thecity limits and within the City’s industrial districts (ETJ). These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City.The property in question is currently covered under IDA #2007-IDA-12 and administrative fees associated with its Water & Sanitary Sewer Service Agreements werepreviously paid by the initialdeveloper of the site, DTMT Onc, LLC. Based on the company’s stated demand for domestic uses, the average daily volumefor potable water and sanitary sewer is7,500gallons.Under the terms of the policy, the applicant will pay one and one-half (1- 1/2) times the City’s current utility ratefor service. The terms of the company’s Water Service Agreement and Sanitary Sewer Service Agreementwill expire on December 31, 2019, plus any renewals and extensions thereof. However, theseagreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties or, if the City exercises its right oftermination. _____________________________________________________________________________________ Action Required by Council: Approve an ordinance authorizing the City Manager to execute aWater Service Agreement and a Sanitary SewerService Agreement with Altom Transport, Inc.at 4700 New West Drive, Bayport North Industrial Park 1, in the Bayport Industrial District. _____________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander,City ManagerDate AREA MAP TEJAS CT ALTOM TRANSPORT, INC. 4700 NEW WEST DR. Legend CITY LIMITS INDUSTRIAL DISTRICT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August27, 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 As in previous rounds, a Resolution is requiredauthorizing designated signators for the Texas Community Development Block Grant Program –Disaster Recovery Program Fund Contract12-484- 000-6650Round2.2associated with Hurricane Ike.The request for additional signators is for redundancy if the primary signator happens to be unavailable. 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.TheCity Manager willbe 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 12-484-000-6650Round 2.2. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:08-26-12 Source of Funds: Requested By:Ken Adcox Account Number: Department:Police Amount Budgeted: Report: Resolution:XOrdinance: Amount Requested: Exhibits:Selective Traffic Enforcement Program (STEP)Resolution Budgeted Item:YESNO Exhibits: Texas Traffic Safety Program Grant Agreement Exhibits SUMMARY & RECOMMENDATION The La Porte Police Department has made its annual TXDOT Selective Traffic Enforcement Program (STEP) grant application, which pays for overtime activities by local law enforcement officers in order to reduce the incidence of speeding, driving while intoxicated, failure to use occupant restraint systems, and intersection traffic control violations. The City did not receive this grant for FY 11/12, but was once again awarded the grant for FY 12/13. The grant will reimburse the City for up to $49,088.50in overtime, with matching contributions from the City of $49,470.46. Although the grant pays base salary, the police department will continue to meet its required match in- kind, by payingadministrative, employee benefits,equipment, and fuelcosts. The STEP grant has been included in the City’s proposed FY 12/13 Budget and was discussed during recent City Council budget presentations. Action Required by Council: Authorize Resolution for City Manager to sign grantawardand other documents for the STEP grant. Approved for City Council Agenda Corby Alexander, City ManagerDate RESOLUTION * * * * WHEREAS ,injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS , the cost of such injuries brings economic hardship to families; and WHEREAS , the community’s health care system and emergency response resources are significantly impacted by injuries of traffic crashes; and WHEREAS , research shows that speedis a causative factor in many traffic crashes; and WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many traffic crashes; and WHEREAS , the National Highway Traffic Safety Administration statistics have shown that reducing speed limitand traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in economic savings to society; WHEREAS/ ,the SpeedIntersection Traffic Control STEP includes public education and intensified law enforcement to get the community to comply with speed limitsand traffic control devices, signsand signals; NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all documents for the Speed/ITCSTEP Grant for October 1, 2012 through September 30, 2013;joining public and private sector leaders across Texas supporting the campaign;urgingall residents and visitors of La Porte to abide by traffic laws, to protect life and the quality of life in this community. Signed by: ___________________________ Authorized Official ATTEST:APPROVED: City SecretaryMayor, City of La Porte REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August27, 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: Area Map Proposed Zoning Ordinance Amendments SUMMARY At the request of Councilman Mosteit, staff is analyzing theaccessory structure requirement of the Zoning Ordinance to consider the possibility of allowing garages, livestock barns, storage, etc. without a primary structure on the same tractwithin the large lot residentialdistrict. The impetus for a potential revision resulted froma property owner in the Lomax area who, in 2011, subdivided and sold a portion ofproperty with a barn and kept the portion with the house. The buyer of the barn propertydoes not want to build a house (primary structure) at this timebut intends to use the property for personal use only. See exhibit attached. Thebuyerneeded power to be turned onfor this accessory structure. The City’s Code of Ordinances currently prohibits accessory structures without a primary structure on the property. After reviewing a number of codes from the nearby cities and analyzing research by the Planning Advisory Services (PAS) subsidiary of the American Planning Association, staff found that anumber of communities across the country do permit accessory structures without a principal structure in agricultural districts or in residential districts where agriculture is the primary use of the land. In this region, Pearland allows aspecific exemption for accessory structures on lots with no primary structure in their agricultural district and newly annexed or undeveloped lands. If Council wishes to consider such an option, staff suggests that it be allowed as conditional to ensure that accessory structures, barnsand/or livestockwithout a primary structure are indeed personal, non commercial uses onlywithin the large lot district. The Special Conditional Use Permit (SCUP) process will allow the proper consideration on a case-by-case basis. As suggested, the proposed regulations are not intended to prohibit or deter the use of property.In fact, the proposed changes would allow further flexibility for owners. At this time, staff is requesting Council direction. _____________________________________________________________________________________ Action Required by Council: Consider proposed regulations and provide staff with direction. _____________________________________________________________________________________ Approved for City Council Agenda _________________________________________________________ Corby D. Alexander,City ManagerDate Proposed Zoning Ordinance Amendment Accessory Structures without Primary Use within the Large Lot District Sec. 106-1.-Definitions. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: Accessorystructuremeansadetached,subordinatestructure,theuseofwhichis clearlyincidentalandrelatedtothatoftheprincipalstructureoruseoftheland,and whichislocatedinthesamelotsasthatoftheprincipalstructureoruse. Accessoryuseorbuilding.An"accessoryuseorbuilding"isonecustomarilya partthereof,whichisclearlyincidentalandsecondarytopermitteduseandwhichdoes notchangethecharacterthereof,includingbutnotlimitedtogarages,carports, bathhouses,greenhouses,toolsheds,orswimmingpools. Accessorystructure,useorbuildingwithoutrequiredprincipalstructure.A residentialbarnandlivestock,withoutaprincipalstructure,shallbea“conditionaluse”, withinthelargelotdistrictonly.Structure/useshallbeforthepropertyowner’spersonal useonly(commercialuseisnotallowed)andisapplicablefortractsone(1)acreorlarger insize.SeeSec.106-416.Specialregulations. Sec. 106-331.-Table A, residential uses. P (ABC)—Permitted uses (subject to designated criteria established inSection 106-334). P—Permitted uses. A—Accessory uses (subject to requirements ofSection 106-741) C—Conditional uses (subject to requirements of Sections106-216through106-218and designated criteria established inSection 106-334as determined by thePlanning and Zoning Commission). *—Not allowed. Zones Uses (SIC Code #)R-1R-2R-3MHLL Domestic livestock—Large lotAAAAA Domestic livestock –Large Lot District (without an existing principal structure ****C on the property) A Storage of equipment in an accessory building orbehind a screening deviceAAAAC A Noncommercialtoolhouses, barns, sheds, storage buildings (noncommercialAAAAC associated with residence) Sec.106-333.-TableB,residentialarearequirements. (a)TableB,residentialarearequirements. UsesMinimumMinimumMinimumMaximumMinimumMinimumMaximum 8 LotLotYardHeightSiteDevelopmentLot Area/D.U.WidthSetbacksArea/UnitOpen Space/Coverage/ Unit S.F. S.F.L.F.L.F. F.R.S.S.F.Minimum 2, 3, 4, 5, 6, 10,7 Landscaping 11, 12, 13, 14, Required 159, 19 Large Lot District (withoutexisting principal structure: See Sec.106-416.SpecialRegulations. Accessory Structure/ Domestic livestock Sec.106-416.-Specialregulations. (aa) Barn and/or Livestock (without existing principal structure): Conditional (Requires SCUP from the City) Sec.106-741.-Generalprovisions. (j)Largelotdistrict.RefertoSection106-416,specialregulations.Thepropertyowner ofabarnand/orlivestockauthorizedwithoutaprincipalstructureontheproperty, shallberesponsibleforensuringnoonelivesinthebarn,propertyiskeptina sanitaryconditionandthepropertycomplieswithallapplicablecityregulations. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August27, 2012Appropriation Requested By:Stephen L. BarrSource of Funds: Fund 015 Department:Parks & RecreationAcct Number:015-9892-622-1100 Report:XResolution: Ordinance: Amount Budgeted: $574,500 Attachments:Change Order #1, Civil ConceptsRequested: +/-$ 81,705 Attachments:Budgeted Item(s): YES XNO Attachments: _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION rd On July 23the City Council awarded the Lomax Arena Roof Replacement and Alternate 1 Extensions to Civil Concepts Construction,LLC in the amount of $455,499. This price did not include the electrical component,as it was included in the pavilion buildingsportion of the bidthat was not awarded. Staff has met with the contractor toobtain quotes for Change Order #1to include the electrical work needed as well as to modify the roof extensions to reducethe cost of the project. The Change Order for the Alternate 1 roof extension will result in a savings of $14, 221. The addition of the electrical service includes the use of energy efficient fluorescentdown lightingwhich was requested by Councilaswell as connections for the future concession/restroom and meeting rooms,which will reduce the cost of that part of the project when it is rebid. The addition of the electrical component will add $95,925.17to the cost of the project. The net cost change as a result of the proposed change orders is $81,704.17. At this time, staff does not have a recommendation on awarding the Change Order. Based on estimates completed by the City’s Public Improvement Coordinator, staff was expecting to realize a much larger savings based on changes to the arena extensions.Staff brought these concerns to the contractor on Thursday, August 16 and the contractor has agreed to re-evaluate the proposed costs. Pendingthe response from the contractor, the following courses of action may be available to the Council: 1.Approve Change Order#1as originally submitted in the net amount of $81,704.17; or 2.Approve a revised Change Order#1(provided at the Council meeting or before pending final submission from the contractor); or 3.Reject Change Order#1 andprovide staff with direction. Action Required by Council: Any direction desired by Council that may include, but is not limited to: 1.Approval or other action toauthorize the City Manager to execute Change Order#1as originally submitted in the amount of $81,704.17; or 2.Approval or other action to authorize the City Manager to execute a revised Change Order#1 pursuant to documentation provided at the Council meeting or before pending final submission from the contractor; or 3.Reject Change Order#1and provide staff with direction. Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, CityManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:8-26-12 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 On July 9, 2012 staff presented an ordinance prohibiting the discharge of a firearm within the City,as State Law (Texas Penal Code, Section 42.12; Discharge of Firearm in Certain Municipalities) only applies to municipalities having a population of 100,000 or more.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. Council directed thatthe Ordinance to be brought back for consideration withtwo modifications: incorporate other weapons, specifically cross bows and air rifles,and provide an exemption for firearms discharge within the large lot district for the purpose of protecting livestock from predatory animals and then bring the Ordinance back for reconsideration. The attached Ordinance includes provisions to address both concerns. 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 D. 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,air guns, and other weapons. 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. Bow (c)means a weapon for shooting arrows, composed of a curved piece of resilient wood or other material with a taut cord to propel the arrow. Crossbow (d)means a weaponconsisting of a bow fixed transversely on a stock having a trigger mechanism to release the bowstring, and often incorporating or accompanied by a mechanism for bending the bow. Sec.42-30. Discharge of firearmsandair guns, shooting of other weaponsprohibited; exceptions. (a)It shall be unlawful for any person to discharge a firearm or air gun within the City limits. (b)Itshallbeunlawfulforanypersontoshootacrossbow, bow,slingshot,catapultorsuchlikedevice,orhurlor throwanymissilebytheuseofacrossbow,bow,slingshot, catapultorsuchlikedevicewithinthecitylimits. (c)It is a defense to prosecution under this section that: (1)The person discharged a firearm,air gun,or crossbowin 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 courseand 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; 2 (5)The person discharged an air gun, bow(other than a crossbow),slingshot, catapult, or other like device, or hurled or threw a missile by the use of a bow, slingshot, catapult or other like deviceon 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; (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; or (9) The person discharged a shotgun or air gunon his or her own property for the purpose of protecting livestock from predatory animals, but only in those cases wherethe property is at least oneacre in sizeand the discharge is done in a manner not reasonably expected to cause a projectile to enter into or onto another person’s property. 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 areasin the city’s extraterritorial jurisdiction or 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 3 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. 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. 4 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 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. Section4. All ordinances or parts ofordinances 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 regulatingand 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 5 noportion 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 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 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 ATTEST: 6 ______________________________ Patrice Fogarty City Secretary APPROVED: ______________________________ Clark T. Askins Assistant City Attorney 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:August 27,2012 Source of Funds: N/A Requested By:D. Mick Account Number: N/A Department: Public Works Amount Budgeted:N/A Report: Resolution:Ordinance: Amount Requested:N/A Exhibits Budgeted Item:YESNO SUMMARY & RECOMMENDATION Steve Carroll, Municipal Services Sales Manager fromRepublicServices will provide City Council with an update regarding a commercial rate audit. Action Required by Council: Receive update from Steve Carroll, Municipal Sales Manager from Republic Services regarding a commercial rate audit. Approved for City Council Agenda Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested August 27,2012 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: Budgeted Item:YESNO SUMMARY & RECOMMENDATION City Council has authority to appoint members to various boards, committeesand commissions.Council should consider making new appointmentsor reappointmentsto boardshaving members whose terms expireAugust 31, 2012, as follows: Airport Advisory Board Regarding the–consider new appointmentsor reappointing Hector Villarreal to Position 3 and Tucker Grant to Position 4, with three-year termsexpiring August 31, 2015, or until successors have been appointed and qualified. La Porte Reinvestment Zone Number One Regarding the –consider new appointments or reappointing Dave Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester Pool to Position 8, with two-year termsexpiring August31, 2014,or until successors have been appointed and qualified. Building CodesAppeals Board Regarding the –consider new appointmentsor reappointing Paul Larson to Position 3 and _______________ to Position 4, with three-year termsexpiring August31, 2015,or until successors have been appointed and qualified. Ron Holt, Position 4, has indicated he will no longer be able to serve on the Building Codes Appeals Board. Chapter 172 Employee Retiree Insurance and Benefits Committee Regarding the –consider new appointment or reappointingAaron Corrales as Retiree Participant, with a two-year term expiring August31,2014,or until asuccessor has been appointed and qualified. Consider appointing without termhuman resources manager Katherine Andersonas Human Resourcesstaff, or until a successor has been appointed and qualified. Consider appointing without term someone to vacant Alternate Pos. 2. Civil Service Commission Regarding the –Council hereby ratifies and confirms the City Manager’s appointment of Keith Trainer, with a three-year term expiringAugust 31, 2015. Fire Code Review Board Regarding the –consider new appointments or reappointingJeff Brown to District 2; Woodrow Sebesta to District 3; ____________to District 4; Jim Bridge to District 5; Bryan Moore to At Large-A; and Lynn Green to Mayor’s appointee, withthree-year termsexpiring August 31, 2015, or until successors have been appointed and qualified. Floyd Craft, District 4,has indicated he will no longer be able to serve on the Fire Code Review Board. Fire Fighters Pension Board of Trustees Regarding the –consider anew appointmentwithout term of a governmental body representative.The position was vacated by Finance Director Michael Dolby. La Porte Area Water Authority Regarding the –consider new appointments or reappointingDavid Janda to Position4and Ken Schlather to Position 5,with two-year termsexpiring August 31, 2014, or until successors have been appointed and qualified. La Porte Development CorporationBoard Regarding the –considernew appointments or reappointing Mike Clausen, John Zemanek, and Mike Cooksleywith two-year termsexpiring August31,2014,or until successors have been appointed and qualified. La Porte Redevelopment Authority Regarding the –consider new appointments or reappointing Dave Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester Pool to Position 8, with two-year termsexpiring August31, 2014,or until successors have been appointed and qualified. Planning and Zoning Commission Regarding the –consider new appointments or reappointing Hal Lawlerto mayoral appointment (who shall be the chairman), Richard Warren to District 2appointment, and Helen LaCour to District 3appointment,withtermsexpiring August 31, 2014,or until successors have been appointed and qualified. Southeast Texas Housing Finance Corporation Board of Directors Regarding the –consider new appointment or reappointing Betty Mooreasa directorwith a one-year term expiring on August 31, 2013, or until asuccessor hasbeen appointed and qualified. Zoning Board of Adjustment Regarding the –consider new appointments or reappointingLawrence McNeal to Alternate 1 and Sherman Moore to Alternate 2, with two-year terms expiring August 31, 2014, or until successors have been appointed and qualified. Action Required by Council: Consider makingappointments/reappointments to various boards, commissions, and committees. Approved for City Council Agenda Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August27, 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 Alexander, City ManagerDate CITY COUNCIL DRAINAGE REPORT August 27, 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.Engineering underway, kick-off meeting nd held August 2. F216 Regional Detention Phase II.Survey andHydrologic and Hydraulic study complete.Preparing amendment to the contract between the Texas General Land Office and the City of La Porte to refine the scope of work and add land acquisition to best utilize grant funds. In-House Design and Construction of City-Initiated Projects Battleview Area.Design and pipeline approvals complete. Preparing for construction. East Main.Construction is complete. Sunrise and Broadway.Installation of additional culverts by Public Works at South Shady Lane and Baywood along Broadway is complete. 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. 800 Block of Main Street.Design of emergency overflow pipe at thesouthwest th corner of Main Street and 8Street complete. Scheduling construction of improvements with Public Works. In-House Drainage Maintenance Activities North Shady Lane.Design for drainage improvements along North Shady Laneis rd complete.Bids are scheduled to be opened August 23. Arizona Ditch from C Street to D Street.Construction complete. In-Fill DrainageMaintenance.Public Works is scheduling work at the 800 Block of Main Streetandthe extension of the F216 ditch along BattleviewWest of Sens Road. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August27, 2012 :N.A. Source of Funds Traci Leach Requested By: Account Number:N.A. Department: Administration Amount Budgeted: N.A. Report: _X__Resolution: __Ordinance: ___ Amount Requested: _N.A. Exhibit:Delinquent tax Report Budgeted Item: YES NO SUMMARY At the request of the City Council, staff is providing an update of delinquent taxes paidfor Council review. The report for July 2012is attached as an exhibit.The first page is the key that explains what each column represents. The report for July begins on the second page and additional backup information on each account is included as well. Staff will be present to answer any questions that Council may have regarding the report. _____________________________________________________________________________________________ Action Required by Council: None. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, City ManagerDate Council Agenda Item August27,2012 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–Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit and Mayor Rigby. 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. Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item August 27, 2012 13.ADJOURN ***********************************************************************************