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Home My WebLink About06-24-13 Regular Meeting of La Porte City Council LOUIS R. RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro-Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held June24, 2013, 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 givenbyAssistant City Attorney Clark Askins. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by Councilmember Tommy Moser. 4.PUBLIC COMMENTS (Limited to five minutesper person.) 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 regarding the minutes of regularCity Council meeting held on June 24, 2013–P. Fogarty (b) Consider approval or other action regarding appointment of MatthewSeurrattan to the La Porte Police Reserve Force –K. Adcox (c) Consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte by authorizing the City of La Porte to accept credit card payments for payments of fees, fines, court costs and other charges –M. Dolby (d) Consider approval or other action regarding a Resolution of the City of La Porte,Texas opposing the Biggert Waters FloodInsurance Reform Act of 2012 –T. Tietjens 6.PUBLIC HEARING AND ASSOCIATED ORDINANCE (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, 2013 –D. Ladd (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 October1, 2013 –D. Ladd (c)Public Hearing to receive comments regarding mandatory review of Juvenile Curfew Ordinance (93-1887) –K. Adcox (d) Consider approval or other action regarding the continuation of Ordinance 93-1887, as codified in Chapter 42 of the La Porte Code of Ordinances, regarding Curfew for Juveniles –K. Adcox 7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing newMeet and Confer Agreement between the City of La Porte and the La Porte Police Officers’Association effective October 1, 2013 through September 30, 2016 –K. Adcox (b) Consider approval or other action regarding a Resolution authorizing the sale of City owned surplus real property located at Lots 7, 8, 9, 10,11and ½ of Lot 6, Block 25, Town of La Porte–M. Dolby (c) Consider approval or other action authorizing the City Manager to execute a contract with Forde Construction Company, Inc for Asphalt Street Resurfacing–D. Mick (d) Consider approval or other action regarding an Ordinance adopting an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees – Councilmembers Zemanek, Kaminski and Moser 8.REPORTS (a) Receive Delinquent Tax Report –T. Leach (b) Receive Strategic Plan Update –T. Leach (c) Receive Quarterly Planning Audit Report –T. Tietjens 9.ADMINISTRATIVE REPORTS (a) Receive report from City Manager July 4, 2013, Thursday, Holiday La Porte Development Corporation Board Meeting, Monday, July 8, 2013 City Council Meeting, Monday,July 8, 2013 City Council Meeting, Monday, July 22, 2013 La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 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–CouncilmemberMoser,Kaminski,Zemanek, Leonard,Engelken, Mosteit,Clausen,Martin 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. Texas Government Code, Section 551.071(2) –Consultationwith city attorney regarding legal issues related to property exchange with LPISD. 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 June 24,2013,agenda of items to be considered by the City Council was posted on the City Hall bulletin board on June 18, 2013. Council Agenda Item June 24, 2013 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Assistant City Attorney Clark Askins. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Tommy Moser. 4.PUBLIC COMMENTS (Limited to five minutes per person.) ************************************************************************ Council Agenda Item June 24,2013 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 an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on June 24, 2013 –P. Fogarty (b) Consider approval or other action regarding appointment of Matthew Seurrattan tothe La Porte Police Reserve Force –K. Adcox (c) Consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte by authorizing the City of La Porte to accept credit card payments for payments of fees, fines, court costs and other charges – M. Dolby (d) Consider approval or other action regarding a Resolution of the City of La Porte, Texas opposing the Biggert Waters FloodInsurance Reform Act of 2012 –T. Tietjens *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At LargeB Mayor Pro Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE JUNE10,2013 Monday,June10,2013, The City Council of the City of La Portemet in aregularmeetingonat the City 6:00p.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 6:03p.m. Members of Council present: CouncilmembersMosteit, Engelken, Leonard, Zemanek, Moser, Martinand Clausen.Also present were City Secretary Patrice Fogarty,City Manager Corby Alexander,and Assistant City Attorney Clark Askins.Councilmember Dottie Kaminski was absent. 2.INVOCATION -The invocation was given byBrian Christen,La PorteCommunity Church. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led byCouncilmember Jay Martin. ELECTION-RELATED ACTIONS 4. (a) Administer the Oath of Office to re-elected Councilmembers Tommy Moser, District 4; Jay Martin, District 5; and John Zemanek, At Large A –Judge Denise Mitrano Judge Denise Mitrano administered Oath of Office to Councilmembers Tommy Moser, District 4; Jay Martin, District 5; and John Zemanek, At Large A. 5.PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 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 an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on May 13, 2013 and special City Council meeting held on May 14, 2013–P. Fogarty (b) Consider approval or other action awarding Bid # 13016 for Annual Mowing Services –J. Garza (c) Consider approval or other action authorizing the City Manager to sign a contract with Bay Area Houston Economic Partnershipfor economic development services–C. Alexander (d) Consider approval or other action awarding RFP # 13507 for Debris Monitoring Services – J. Suggs (e) Consider approval or other action authorizing Mayor Rigby to sign a letter on behalf of City Council in support of the Baytown Carver High School Recognition & Preservation Society’s nomination of the late John Willie Peoples and the late Roy Atmer Hutchins for induction into the Texas High School Coaches Association Hall of Honor –Mayor Rigby 17 Page of June 10, 2013, Council Meeting Minutes (f) Consider approval or other action regarding renewal of an agreement with AT&T for OPT-E-Man services –J. Suggs CouncilmemberEngelken moved to approve the Consent Agendapursuant to staff MOTION PASSED. recommendations.Councilmember Leonardseconded. Ayes:Mayor Rigby, Councilmembers Engelken,Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Kaminski 7.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Continue Public Hearing from February 25, 2013, to receive comments from the public regarding condemnation of one (1) substandard building located at 3031 S. Broadway (Old Highway 146) –J. Garza City Council reopened the public hearing at 6:07p.m. to receive comments from the public regarding condemnation of one (1)substandard building located at 3031 S.Broadway (Old Highway 146). Senior Engineer Julian Garza presenteda summary of activities to date on this property. Councilmember Zemanek questioned if staff has received an engineering report from Mr. Manning. Senior Engineer Julian Garza responded no. Mayor Rigby questioned if the handwritten list of repairs received by Mr. Garza from the property owner addressesitems in the initial preliminary report completed by Mr. Manning. Mr. Garza responded hehas not received a report from Mr. Manning. J. B. Williamson 820 W. Main, addressed Council on behalf of property owner,SuzanRector, requesting additional time to obtain an engineering report from Manning Engineering. Councilmember Zemanek questioned how Mr. Manning was retained for the project. Mr. Williamson responded he advised Ms. Rector to contact Mr. Manning.Councilmember Zemanek questioned Ms. Rector why an additional 90days should be granted if nothing was been done in the previous 90days.Ms. Rector responded, again, thatshe does not have the engineering report from Mr.Manning. Councilmember Leonard commented the property owner does not have an estimate for repairs from a tradesman due to not having an engineering report. Councilmember MartinaskedMs. Rector how long the property has been vacant. Ms. Rector responded she does not know. Councilmember Martin questioned what will be accomplished with an additional 90-day extension. Ms. Rector then requested a 60-day extension instead of 90days. It was indicated that there was nothing wrong with the building other than some cosmetic issues. Councilmember Zemanekasked Senior Engineer Julian Garza if it is common practice of the City of La Porte to place a building in the Dangerous Building category based oncosmetic issues. Mr. Garza responded no, not for cosmetic issues and the proceeded to read the Inspection Report that listed five categories that dictate a Dangerous Building. Mayor Rigby requested Senior Engineer Julian Garza to advise Council how manymeetings were held with City staff, Ms. Rector, Mr. Williamson and Mr. Manning inthe previous eight months. Mr.Garza responded he has been assured by the Deputy Building Official and Chief Inspector there has been no contact,no meetings and no action on the structure. 27 Page of June 10, 2013, Council Meeting Minutes Staff recommended movingforward with condemnation based upon the ordinanceas there is no proof of action by the property owner. Councilmember Martin questioned Ms. Rector if she has considered selling the property. Ms.Rector responded it is an option if repaired. City Council closed the public hearing at 6:31 p.m. with no extensionof time to complete repairs. (b) Consider approval or other action of an Ordinance condemning thestructure located at 3031 S. Broadway (Old Highway 146) –J. Garza Ordinance2013-3483: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE DECLARING THE BUILDING (S) LOCATED AT 3031 S. BROADWAY HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT SUSAN RECTOR IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATEOF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITHTHE OPEN MEETINGS LAW. Ordinance 3483 Councilmember Martin movedto adopt condemning thestructure located at 3031 MOTION PASSED. S. Broadway (Old Highway 146). Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek and Leonard Nays:Councilmember Moser Absent:Councilmember Kaminski 8.AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action authorizing supplemental down payment assistance for the three homes in Phase One of the Northside Neighborhood IV Program –T. Tietjens Planning Director Tim Tietjens andRealtor Lou Ann Martin,with MainProperties,presented a summary. Mayor Rigby questioned Ms. Martin how many individuals she spoke to are qualified for the additional$10,000.00. Ms. Martin responded she will not know until applications are processed if the assistance is approved by Council. Councilmember Martin questioned City Manager Alexander where would funding comefrom if approved by Council. Mr. Alexander respondedthe General Fund. Councilmember Moser questioned Planning Director Tim Tietjens where did funding for supplemental down payment assistance previously camefromfor homes on the Northside.Mr. Tietjensresponded Harris County Community Services. Councilmember Mosermoved to authorize supplemental down payment assistance for three homes in Phase One of the Northside Neighborhood IV Program. Councilmember Zemanek MOTION PASSED. seconded. 37 Page of June 10, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Kaminski (b) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the West “D” Street Right-of-Way between the west right-of-line of State Highway th 146-South and the west right-of-way line of South 11Street (abandoned),approve a Public Utility & Drainage Easement and authorize the execution and delivery of a deed to the adjoining landowner –T. Tietjens Planning Director Tim Tietjenspresented a summary. Mayor Rigby questioned Planning Director Tim Tietjens if the check was submitted with the application. Mr. Tietjens responded no it was submitted later. Ordinance 20133484 CouncilmemberEngelken moved to adopt -vacating, abandoning, and closing the West “D” Street Right-of-Way between the west right-of-line of State Highway 146- th South and the west right-of-way line of South 11Street (abandoned),approve a Public Utility & Drainage Easement and authorize the execution and delivery of a deed to the adjoining landowner. MOTION PASSED. Councilmember Zemanekseconded. Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Kaminski Ordinance2013-3484 Assistant City Attorney Clark Askins read the caption of prior to the vote:AN ORDINANCE VACATING ABANDONING AND CLOSING A PORTION OF THE WEST “D” STREET RIGHT-OF-WAY, LA PORTE, HARRIS COUNTY, TEXAS RETAINING A PUBLIC UTILITY AND DRAINAGE EASEMENT, AND AUTHORZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 9.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding emergency generators–D. Pennell/J. Suggs Assistance Public Works Director Don Pennell and Emergency Management Coordinator Jeff Suggs discussed additional generatorsand equipment to improve the City’s back-up power capabilities to provide continuity of services andhelpexpedite the return of citizens to La Porte following an emergency evacuation. The feasibility study performed by Shrader Engineering for emergency power connections and generator installation at the Wastewater Treatment Plant (WWTP), City Hall and Police Department was also discussed. Councilmember Mosteit questioned the recommendation to adjust costsfor improvements at the Lift Stations in the Lomax Area.Assistant Public Works Director Don Pennell responded a survey is inprocess. Councilmember Moser commented he supports the emergency generators and wantsit done correctly. Councilmember Moser moved for staff to come back with cost estimates for permanent standby generators at the Wastewater Treatment Plant and City Hall, and supports remaining staff MOTION PASSED. recommendations.Councilmember Zemanek seconded. 47 Page of June 10, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Kaminski (b) Discussion or other action regarding retail and market study from Catalyst Commercial –S. Livingston Economic Development Coordinator Scott Livingston presented a summary for the retail and market study done by Catalyst Commercial. Jason Claunch with Catalyst Commercial provided areport. Councilmember Zemanek questioned Mr. Claunch in regards to the traffic study if retailers were not concerned with drive-thru traffic on freeways. Mr. Claunch responded “drive-thru traffic” would not be a core customer. Core customers are individuals currently shopping in La Porte or individuals possibly shopping in other retail modes. Mayor Rigby questioned if the traffic counts exclude truck traffic on Highway146. Mr. Claunch responded no. Councilmember Leonard commented knowing the origin or destinationof traffic on Highway 146 would be beneficial for future advertisement purposes. Councilmember Martin questioned whether, based on other communities’traffic studies,it can be determined what types of retail can be attracted. Mr. Claunch responded the retail analytics for the City of La Porte’s market place havenot yet been completedto provide the information. Mr. Claunch informed Council the first phase of the retail and market study will be completed between30-45 days. (c) Discussion or other action regarding closure of right-of-way encroachments within the City of La Porte –Councilmembers Zemanek, Kaminski and Moser Councilmembers Zemanekpresented a summary and requested Council to discuss plans for right of way encroachments within the City of La Porte. City Manager Corby Alexander requested Council provide staff with direction onaddressing right-of-way encroachments with adjacent property owners. Mayor Rigby questioned staff if an individual can come to the Planning Department with a set of drawings with intent to build at a certain location andbe informed of an encroachment on an alley or a right-of-way. Planning Director Tim Tietjens responded yes. Councilmember Leonard commented he would like to see the City contact property owners to notify them of any encroachments and see if they would like to apply for a closing or vacate the property. GIS Manager Brian Sterling informed Council a governmental entity with eminent domain is exempt from application and closing fees but isresponsible for coordinating with the City’s franchise utility companies if easements are required. Mayor Rigby questionedMr. Sterling why the Right-of-Way Encroachment Report included a column listed as “Since 2002.” Mr. Sterling responded that designation means aerial photography from 2002 was utilized to determinethe duration of the encroachment.Mayor Rigby questioned Assistant City Attorney Clark Askinsif owners actually own the property listed on the Encroachment Report if a permit was issued and a structure was built on or across the alley or right-of-way. Mr. Askins responded it is not definitive. 57 Page of June 10, 2013, Council Meeting Minutes Council directed City Manager Corby Alexander to meet with staff and come to a resolution for right-of-way encroachmentswith adjacent property owners. 10.REPORTS (a) Receive report of La Porte Development Corporation Board–Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting which was held just prior tothis council meeting. (b) Receive report of Federal Emergency Management Agency (FEMA) Draft Maps –T. Tietjens Planning Director Tim Tietjensprovided a report. Councilmembers are concerned with the rising costs of flood insurance. Councilmember Martin said he would like for the City to contact our elected officials and ask for help with this issue like the State of New Jersey did. 11.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Community Civic Club Juneteenth Festivities, June 14-16, 2013 City Council Meeting, Monday,June 24, 2013 City Manager Corby Alexander reported he and Economic Development Coordinator Scott Livingston attended the Sylvan Beach Bash event thispast weekend. 12.COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–Councilmember Martin, Moser, Kaminski,Zemanek, Leonard, Engelken, Mosteit,Clausen and Mayor Rigby. Councilmember Martincommented he is looking forward to Councilmember Kaminski return to City Council and requested direction on how to approach Harris County for a fish cleaning station at Sylvan Beach; Councilmember Moser congratulated newly re-elected Councilmembers Martin and Zemanek and thanked Council for their support of late Coaches Peoples and Hutchins into the Texas High School Coaches Association Hall of Honorand reminded everyone of the upcoming LaPorte Community Civic Club Juneteenth festivities; Councilmember Zemanek congratulated newly re-elected Councilmembers Martin and Moser, thanked the citizens of La Porte for allowing him to serve another three-year termand provided anupdate on Councilmember Kaminski and her expected return to City Councilmeetings;Councilmembers Leonard,Engelken and Clausen congratulated newly re-elected Councilmembers Moser, Martin and Zemanek and wished Councilmember Kaminski well on her release from the hospital;Councilmember Mosteit wished Councilmember Kaminski well on her return to City Council, congratulated newly re-elected Councilmembers Moser, Martin and Zemanek,and thanked Lou Ann Martin and Main Properties for waiving fees for the homes in Phase One of the Northside Neighborhood IV Program; Mayor Rigby informed he attended the City of La Porte Employee Picnic, the Linde La Porte HyCO Groundbreaking, congratulated newly re-elected Councilmembers Moser, Martin and Zemanek and commented he looks forward to Councilmember Kaminski’s return to City Council. 13.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regardingpossible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street. 67 Page of June 10, 2013, Council Meeting Minutes Texas GovernmentCode, Section 551.071(2) –Consultationwith city attorney regarding legal issues related to property exchange with LPISD. City Council recessed the regular meeting to convene an executive session at 8:29p.m. to deliberate regarding purchase, exchange, lease or value of real property:Discussion regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street and to consult with the City Attorney regarding legal issues related to property exchange with LPISD. 14.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. The regular meeting was reconvened at 9:01p.m. Regardingpossible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street. No action was taken. Regarding consultation with City Attorney in regards to legal issues related to property exchange with LPISD,City Council directed City Manager Corby Alexander to perform title searches on all 33 properties, speak with an attorney at Texas Municipal League regarding opinion generated by LPISD and the City of La Porte,and report back as soon as possiblewitha creative resolution. 15.ADJOURN There being no further business, Councilmember Engelkenmoved toadjourn the meeting at MOTION PASSED UNANIMOUSLY. 9:02p.m. Councilmember Zemanekseconded. _______________________________ Patrice Fogarty, City Secretary Passed and approved on June 24, 2013. ________________________________ Mayor Louis R. Rigby 77 Page of June 10, 2013, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:6-24-13 Source of Funds: Requested By:Kenith Adcox Account Number: Department:Police Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibits: Budgeted Item:YESNO SUMMARY & RECOMMENDATION Article III, Section 54-61 of the Code of Ordinances and the Texas Government Code, Section 341.012, both entitled “Police Reserve Force”,requirethat persons appointed by the Chief of Police as reserve police officers must be approved by City Council before they may carry a weapon or otherwise act as a peace officer. The Departmentis requesting that City Council approve theappointmentof Matthew Seurrattanto the Police Reserve Force.Mr. Seurattanis currently a licensed Texas Peace Officer and has passed all required screenings and interviews for a Reserve Officer appointment. Action Required by Council: Consider approval or other action toappoint Matthew Seurrattanto the La Porte Police Reserve Force. Approved for City Council Agenda Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 24, 2013 ____N/A________ Source of Funds: _Michael Dolby______ Requested By: Account Number:_______________ Department: __Finance____________ Amount Budgeted: ______________ Report: __Resolution: ____Ordinance: _XX_ Amount Requested: Budgeted Item: YES NO Exhibits: 1.Ordinance SUMMARY & RECOMMENDATION The City of La Porte currently collects payments for fines and fees through the use of credit cards. As a result of the recent municipal court audit, it was determined that the City did not have an ordinance in place that permitted the City to collect by credit card or assess processing fees and/or service chargeson these payments. This ordinance amends Chapter 2 of the Code of Ordinances to put in place regulations authorizing the city to accept payments by credit cards and to assess processing fees and/or service charges, when applicable. The fees as outlined in this ordinance are consistent with the current fees being collected. ___________________________________________________________________________ Action Required of Council: Consider approval orother action of an Ordinance amending Chapter 2 of the Code of Ordinances to put in place regulations authorizing the city to accept payments by credit cards and to assess processing fees and/or service charges, when applicable. Approved for City Council Agenda: _________________________________________________________ Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 24, 2013 ____N/A________ Source of Funds: _Tim Tietjens______ Requested By: Account Number:_______________ Department: __Planning____________ Amount Budgeted: ______________ Report: __Resolution: __X__Ordinance: __ Amount Requested: Budgeted Item: YES NO Exhibits: 1.Resolution Opposing the Biggert- Waters Act SUMMARY & RECOMMENDATION At the June 10, 2013 City Council meeting, the Planning Department provided an informational report regarding the Biggert Waters Act and its implications for flood prone properties within the City. Also part of the discussion wasthe impacts related to the draft floodplain map revisions along the coastal areas currently being proposed by FEMA. The attached draft Resolution opposes the legislation and provides for the distribution of said resolution to applicable state and federal legislatorsrepresenting La Porte. ___________________________________________________________________________ Action Required of Council: Consider approval or other action related to the proposed Resolution. Approved for City Council Agenda: _________________________________________________________ Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 24, 2013 Source of Funds:N/A Requested By: Donald Ladd Account Number: Department:Fire Amount Budgeted: Report:XResolution:Ordinance: Amount Requested Exhibits: Fire Control District Budget2013-2014 Budgeted Item:YESNo Exhibits: PowerPoint Presentation Exhibits: SUMMARY & RECOMMENDATION The Fire Control, Prevention, and Emergency Medical Services District (LPFCPEMSD) was established after a city wide vote during elections in May of 2011, creating the District and Board. Themission for the City of La Porte’s Fire Department is to provide the community with the most efficient and progressive Fire Prevention, Protection, and Emergency Medical Services possible in an effective and responsible manner. This mission is accomplished by providing the best possible training, updated equipment, and protocols for the people that respond. LPFCPEMSD will incorporate strategies to help the Fire Department accomplish itsmission. The LPFCPEMSD Board has established the budget, helda public hearing and approvedthe budgetduring the May 30, 2013meeting. The next step in the process is for the approvedbudget to be presented to Council. Council will then approveor decline to approve the budget as presented. Staff is recommending Councilapproval of the LPFCPEMSD budget as passed by the Board. Action Required by Council: Consider approval or other action on the La Porte Fire Control, Prevention, and Emergency Medical Services District budget forthe fiscal yearbeginningOctober 1, 2013,as approved by the Board of Directors of the District at its meeting of May 30, 2013. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 24, 2013 Source of Funds:N/A Requested By: Donald Ladd Account Number: Department:Fire Amount Budgeted: Report:XResolution:Ordinance: Amount Requested Exhibits: Fire Control District Budget2013-2014 Budgeted Item:YESNo Exhibits: PowerPoint Presentation Exhibits: SUMMARY & RECOMMENDATION The Fire Control, Prevention, and Emergency Medical Services District (LPFCPEMSD) was established after a city wide vote during elections in May of 2011, creating the District and Board. Themission for the City of La Porte’s Fire Department is to provide the community with the most efficient and progressive Fire Prevention, Protection, and Emergency Medical Services possible in an effective and responsible manner. This mission is accomplished by providing the best possible training, updated equipment, and protocols for the people that respond. LPFCPEMSD will incorporate strategies to help the Fire Department accomplish itsmission. The LPFCPEMSD Board has established the budget, helda public hearing and approvedthe budgetduring the May 30, 2013meeting. The next step in the process is for the approvedbudget to be presented to Council. Council will then approveor decline to approve the budget as presented. Staff is recommending Councilapproval of the LPFCPEMSD budget as passed by the Board. Action Required by Council: Consider approval or other action on the La Porte Fire Control, Prevention, and Emergency Medical Services District budget forthe fiscal yearbeginningOctober 1, 2013,as approved by the Board of Directors of the District at its meeting of May 30, 2013. Approved for City Council Agenda Corby D. Alexander, City Manager Date City of La Porte, Texas Fire Control District Detail of ExpendituresPassed 5/30 Budget 2013-2014 FIREFMOEMS 1010Regular Earnings$63,860 1020Overtime 1030Certification1,200 1035Longevity 1044Cleaning Allowance241 1060FICA4,857 1065Retirement11,245 1080Insurance - Medical10,422 1081Insurance - Life36 1090Other Benefits Merit1,012 Personal Services Subtotal 92,873--92,873 Supplies: 2003Protective Clothing47,350$1,500.0066,100 $17,250.00 Bunker gear and additional P$32,000.00Boots Gloves Uniforms Uniforms Paid and Volunteer$5,850.00Safety Glasses Specialty gear Wristlet gloves$2,400.00Vests Honor Guard uniforms$2,100.00 Replaement Hoods$2,000.00 Replacement Helmets$3,000.00 2007Chemical3,7003,700 Acetylene for cutters$1,500.00 Smoke machine fluid$200.00 Weed killer and fertilizer$500.00 Foam $1,500.00 2009Medical7,4007,400 2090Machinery/Tools/Equipment24,30012,90037,200 Nozzles$4,500.00Graphic for Trailer $4,500.00 Replacement air bottles$12,000.00 Public Safety Bikes$2,500.00 Misc Parts$800.00 deck gun monts$2,000.00 Power Stretcher Upgrade$2,000.00 Lights and Equipment$5,000.00 Stetcher Steerlock System$3,900.00 for new SUV 2091Office Equipment /Furniture2,500 Station 3 chairs$2,500.00New position2,500 4002Machinery/Tools/Equipment40,8007,45048,250 Replacement Pagers$8,000.00 Bio Desposal contract$2,500.00 Fire Hose$8,500.00 Power stretcher contract$2,000.00 SCBA test and repair$4,300.00 Fire alarm inspection$350.00 Ladder Test$6,500.00 Fire alarm inspection$2,000.00 Chest Comp Contract$2,600.00 SCBA Bottle Hydro$1,000.00 Fire Truck Service$8,000.00 Hydraulic Rescue tool test$2,500.00 8021Capital Equipment$98,000.00$35,000.00120,000$253,000.00 Firefighter Personal Radios18,000.00Vehicle$35,000.00All Terain Vehicle/Trlr $12,000.00 Grace Accountability SystemRadios $20,000.00 four sets36,000.00EKG Defib Monitor $38,000.00 Light Poles Training$25,000.00 Opticon lights$50,000.00 Fire Field Fencing$19,000.00 Supplies Subtotal 224,05036,500157,600418,150 Services & Charges: 2019Training Field Supplies8,2008,200 Wood for Roof Prop$2,000.00 Mower and lawn equipment$2,800.00 Hay for burn racks$900.00 Metal for new racks$600.00 Ceiling Tiles welding supplies$400.00 Door replacement$1,500.00 Training/Seminars25,2003,00015,38043,580 3020IAFC (FRI)$2,200.00NFPA Conference$1,600.00State EMS Conference $5,225.00 Firehouse $7,200.00Texas Arson Con$900.00Nation EMS Conference $1,825.00 Rescue Schools$3,800.00State FM Con$500.00EMS management Trn $2,980.00 TAMU Municipal week$4,500.00ACLS Training $2,000.00 Harris County Field Day$5,000.00Online Training $1,500.00 Officer 1 Certification $2,500.00Learning Management $1,850.00 Motor Pool Lease Fees280,0453,852104,220388,117 4020 Training and Equipment Subtotal 313,4456,852119,600439,897 Capital Outlay: -$-- Capital Outlay Subtotal $630,368$43,352.00$277,200$950,920 Division Total REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:June 24, 2013 Source of Funds: Requested By: Ken Adcox Account Number: Department: Police Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibits: Public Hearing Notice Budgeted Item:YESNO Exhibits: City Ordinance Article III Curfew for Juveniles Exhibits: SUMMARY & RECOMMENDATION In accordance with Section 370.002 of the Texas Local Government Code, Review of Juvenile Curfew Order of Ordinance, the City of La Porte is required to hold a Public Hearing concerning the ordinance every third year, beginning the year of its adoption. There are three possible actions that may take place after the Public Hearing: 1.Continue the Ordinance as written. 2.Abolish the Ordinance. 3.Modify the Ordinance. In the event there are some modifications to be made, the modified ordinance will be drawn up and brought before Council on July 8, 2013for approval. Ordinance # 93-1887 has been in effect since 1993. Section 42-73 prohibits any minor under the age of 18 to be out between the hours of 12 Midnight and 6 a.m. on any day of the week, and between the hours of 9 a.m. and 2:30 p.m. on any school day. Staff recommends continuance of Ordinance # 93-1887 as written. Action Required by Council: 1.ConductPublic Hearing. 2.Consider approval or other action to continueOrdinance No. 93-1887as written for another 3 year term. Approved for City Council Agenda Corby D. Alexander , City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:June 24, 2013 Source of Funds: Requested By: Ken Adcox Account Number: Department: Police Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibits: Public Hearing Notice Budgeted Item:YESNO Exhibits: City Ordinance Article III Curfew for Juveniles Exhibits: SUMMARY & RECOMMENDATION In accordance with Section 370.002 of the Texas Local Government Code, Review of Juvenile Curfew Order of Ordinance, the City of La Porte is required to hold a Public Hearing concerning the ordinance every third year, beginning the year of its adoption. There are three possible actions that may take place after the Public Hearing: 1.Continue the Ordinance as written. 2.Abolish the Ordinance. 3.Modify the Ordinance. In the event there are some modifications to be made, the modified ordinance will be drawn up and brought before Council on July 8, 2013for approval. Ordinance # 93-1887 has been in effect since 1993. Section 42-73 prohibits any minor under the age of 18 to be out between the hours of 12 Midnight and 6 a.m. on any day of the week, and between the hours of 9 a.m. and 2:30 p.m. on any school day. Staff recommends continuance of Ordinance # 93-1887 as written. Action Required by Council: 1.ConductPublic Hearing. 2.Consider approval or other action to continueOrdinance No. 93-1887as written for another 3 year term. Approved for City Council Agenda Corby D. Alexander , City ManagerDate THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with sec 370.002 of the Texas Local Govt. Code, Review of Juvenile Curfew Order or Ordinance,notice is hereby given that the City of La Porte will th 6:00 p.m.on the24dayofJune,2013 conduct a Public Hearing at , in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to review the Juvenile Curfew Ordinance and determine to continue the Ordinance as it is written, abolish the Ordinance, or modify the Ordinance. Citizens wishing to address Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Patrice Fogarty City Secretary _____________________ posted This facility has disability accommodations available. Requests for interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary’s office at (281)471-5020 or TDD Line (281) 471-5030 for further information. REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:6-24-13 Source of Funds: Requested By:Ken Adcox Account Number: Department:Police Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibits:Meet and Confer Agreement Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION Management representatives of the City of La Porte and the La Porte Police Officers’ Association have voluntarily met and reached agreement on the conditions of employment as set out in the attached agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B. The attached agreement has been voted on and approved by the membership of the La Porte Police Officers Association and is now being presented to City Council for consideration and approval. The new agreementwould take effect on October 1, 2013 and run through September 30, 2016. As with the existing agreement, the new agreementincludes provisions that allow the department to hire lateral transfers and provides for a pay for performance wage system, minimum educational requirements,anda compensatory time program. Proposed changes contained in the new agreementinclude: (1)AdjustingPolice Officer wages annually over the next 3 years so that officers continue to be compensated at a determined median market ratefor similarly structured regional cities; (2)Adjusting the pay scale to include an additional step for 15+year officersand compressing the Sergeant Pay Scaleeffective October 1, 2013. Adding astep for 20+ year officers and compressing the Lieutenant Pay Scale effective October 1, 2014;and (3)Strengthening the Police Department’s promotional system by: a)restructuring the senioritypoint systemso that seniority point are limited to time in grade; b)increasing the minimum time in grade to take the sergeants test from 2 to 4 years; c)encouraging participationin the LPPD’s existing leadership mentor/training program, d)adding a 6 month probationary period for newly promoted sergeants and lieutenants,and e)allowing for the inclusion of a police assessment center, which would include hands-on practical exercises designed to assess various essential leadership dimensions such as decision making, judgment, initiative, and communication skills, when specifically requested by the Chief and approved bya majority vote of those participating in the promotional test. Action Required by Council: Consider approval or other action to approve a three-year Meet and Confer Agreementbetween the City of La Porte and the La Porte Police Officers’ Associationeffective October 1, 2013 through September 30, 2016. Approved for City Council Agenda Corby D. Alexander,City ManagerDate Meet and Confer Agreement Between The City of La Porte And The La Porte Police Officers Association Table of Contents Article Provision Page Definitions 3 I Authority and Recognition 4 II Hiring Preemptions 5 III Wages 7 IV Incentive Pay 11 V Education 13 VI Promotion to Ranks of Sergeant 14 & Lieutenant VII Physical Fitness 18 VIII Compensatory Time 20 IX Association Leave 21 X Grievance Procedure 23 XI Duration 26 Signature Page 27 Attachment A 28 2 Definitions For the purposes of this agreement, the following definitions sh A) Accredited College or University means one that is listed by accrediting agency approved by the United States Department of Education, and as of result of that accreditation, offers cours accredited B)Chief means the Chief of Police of the La Porte Police Departm designee. C)City means the City of La Porte, Texas. D)Coveted position as used in this Agreement means any position in the Department to which more than one sworn employee has expressed a interest in being assigned by the Chief. E)Department means the La Porte Police Department. F)Employee means a sworn Police Officer who is a member of the bargaining unit. G)Employer means the City of La Porte. H)Officer means any sworn Police Officer who is a covered by this Agreement. I)Association means the La Porte Police Officers Association J)TCLEOSE means the Texas Commission on Law Enforcement Officers Standards and Education. K)TLGC means the Texas Local Government Code. Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. 3 Article I Authority and Recognition 1)The City of La Porte and the La Porte Police Officers Associati voluntarily met and reached agreement on the conditions set out agreement pursuant to the provisions of the Texas Local Governme Chapter 142 et. seq., Subsection B. To the extent that this Agreement is in conflict with or changes Chapter 143, TLGC or any other statute, order, local ordinance, or rule, this Agreement shall supersede provision, as authorized by Section 142.067 of the TLGC. 2)The City recognizes the La Porte Police Officers Association as exclusive bargaining agent for all non-probationary Police Officers in the La Porte Police Department, excluding the Chief of Police and the Assistant Chiefs of Police. 4 Article II Hiring Preemptions 1)In adopting this Agreement, the parties recognize the need for m flexibility in the hiring process to meet the needs of the Depar believe it improves the selection process by allowing for the lateral hiring of experienced Police Officers, Certified Texas State Peace Officer otherwise qualified mature applicants. 2)Effective with the ratification of this Agreement, the City shal fill vacancies in the entry level Police Officer classification by hiring experienced police officers and/or peace officers certified by TCLEOSE without requiring these applicants to take a civil service exam. An applicant hired pursuant to this Article may be appointed directly to a pay grade/step commensurate with his/her level of experience; however applicants hired in this manner shall not receive any sort of longevity or seniority relating to promotional eligibility, shift bidding, pay or other privileges of employment. Once a newly-hired Police Officer is placed in the appropriate pay grade/step, the Officer shall progress through the remaining ste pay scale on each anniversary date, so long as all eligibility r contained in this Agreement are met. To qualify for the lateral entry program, applicants must pass a physical fitness exam, a comprehensive background investigation, to inclu psychological, polygraph, medical exam, drug screening and a 12 m probationary period. Applicants must additionally meet the following criteria: Education and Experience: Graduation from an accredited Police A Licenses and Certificates: Possess a Basic Peace Officer license issued by TCLEOSE by the time of appointment. 5 3)Police Officers hired pursuant to this Article shall be compensated according to his or her total number of years of full time experience in law enforcement, up to a maximum of seven (7) years. The Chief of Police shall make the final determination of whether an applicant meets the criteria of the Lateral Entry Program, and his decision shall be final and non- appealable to the Civil Service Commission or to any court. No rank will transfer. 4)Specifically, this Article preempts, to the extent of any confli State statutes, local ordinances, executive orders or civil service provisions as they relate to the hiring of the classification of Police Officer. More specifically, this Article pre-empts TLGC, Section 143.023 (c), and permits the Department to hire persons 45 years of age and above, provided that the person has five (5) years of cumulative active military serv years of continuous service as a certified peace officer in the State of Texas by the estimated date of hire and can meet all other hiring crit for employment as a Police Officer with the City of La Porte. A eligible to apply for a position as a Police Officer in the Department unless the person will be at least 21 years of age at the time of commission and meets minimum eligibility requirements for a Police officer as o local civil service and TCLEOSE rules. 5) To the extent that any of these provisions differ from Chapter 1 Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. In addition to the pre-emption noted in Subsection 4 above, this Article also pre-empts Sections 143.024, 143.025, and 143.026 of the Texas Local Government Code. 6 Article III Wages 1)The City of La Porte and the La Porte Police Officers Associati agree that a market approach philosophy has been used as a gui determine appropriate wage scales for Officers of the Department. The definition of market is the median salary for each pay grade f surveyed. In implementing this approach, the parties agreed to wage rates with Police Officers in comparative cities within the region. The parties agree that Police Officers covered by this Agreement shall be compensated at the salary rates included in Attachment A, whic incorporated into this Agreement. Except as provided in Article III, Section 4, the wage scale shall be effective upon ratification by the Association and the City Council and remain in effect until September 30, 2014. 2)The City and Association further agree that the aforementioned m survey will be renewed in April of each year during the term of this Agreement and that median level salary rates for Police Officers covered i this Agreement shall be revised to reflect the current market, as determined from the results of the market survey. Any annual increase will reflect the market survey up to, but not to exceed, 3% of the collective salary budget for police officers as compared to the immediately fiscal year. Additionally, effective starting in year two of this Agreement (October 1, 2014) the City agrees to compress the pay scale for the rank of Lieutenant from its current 0 10 to 0 3 steps and implement an additional 20-year (CS1-20) step, which shall be 75 cents more per hour than the 15-year (CS1-15) step. It is agreed that officers must serve 15 full years before being eligible to receive the CS1-15 step and 20 full years before being eligible to receive the CS1-20 step. 3)Once proposed pay scales have been created by the City Finance and Human Resources Departments each April, the City and Association 7 bargaining team members will meet to review the proposed pay scales revisions and ensure that same are accurate. Once agreed upon, the new st of each year, i.e. October 1, 2014, for rates will take effect on October 1 the life of this Agreement subject to the approval of City Council and the Association. 4)Employees shall receive step increases on the anniversary of the appointment to their current rank. If an employee receives a le satisfactory performance evaluation (anything below a 3), the emee will not receive a pay increase of any type (including lump sum referenced in Article III Subsection (4) and the current step increase will be held until the employee earns a satisfactory evaluation (3 or ab the employees performance evaluation has been improved to a satisfactory rating, the employee shall be placed at the then-current step for his/her time in grade. If an employee receives an exceptional evaluation (above a 4), the employee will be moved up two steps his/her anniversary date. Upon receiving the next evaluation, t employee shall be placed at the then-current step for his/her time in grade. This Section will not apply to any cost of living raises or pay adjustments. 5)If an employee receives a less than satisfactory performance eva outlined in this Article, the employee may appeal the performanc evaluation according to the following process: A)All performance evaluation appeals shall be submitted by the aff employee to the Chief of Police in writing within seven (7) cale days from the date that the employee receives the evaluation. B)The Chief of Police shall render a written decision to the affected employee within seven (7) calendar days of the date the appeal w received by the Chief of Police. 8 C)If the Chief of Police upholds the performance evaluation, the employee may submit such evaluation appeal to the City Manager. Such appeal must be filed within seven (7) calendar days of the the Chief of Police rendered or should have rendered a written decision. D)The City Manager shall render a written decision to the affected employee within seven (7) calendar days of the date the employee filed the appeal with the City manager. E)If the appeal remains unresolved, the employee or his/her representative may file the appeal to the civil service commissi commission shall hear the appeal at their next regular scheduled civil service meeting. The City of La Porte and the affected employee his/her representative may present witnesses, evidence and other relevant information to the civil service commission. The civil commission shall render a decision as to the validity of the performance evaluation and such decision shall be final and bind upon all parties. F)The time limitations described herein may be waived by mutual agreement in writing by the City of La Porte and the affected employee. G)It is the intent of all parties subject to this agreement that a aforementioned evaluation appeal be resolved at the lowest level possible. 6)Employees who have reached the last step of the wage scale and w received a satisfactory performance evaluation of 3 or above shall be paid a lump sum of one thousand dollars ($1,000.00) each year on the anniversary of appointment to their current rank. Employees who reached the last step of the wage scale and who have received an exceptional evaluation (above a 4), shall be paid an additional one 9 thousand dollar ($1,000) bonus, for a total lump sum payment of two thousand dollars ($2,000), on the anniversary of appointment to current rank. As is the case with other exceptional employees receiving additional performance based wage step incentives, the additiona provided to employees who have already reached the last step of scale will be available to the employees a maximum of once every year. 7)To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. This Article specifically pre-empts Sections 143.041(b) of the Texas Local Government Code. 8)The City and the Association agree that all provisions of the Ci Emergency Pay Policy, as adopted by the La Porte City Council on July 23, 2012, shall apply to all officers covered under this Agreement. 10 Article IV Incentive Pay 1)The City shall pay each employee holding a Masters Certificate ganted by TCLEOSE the sum of $150.00 per month. The City shall pay each employee holding an Advanced Certificate granted by TCLEOSE the sum of $125.00 per month. The City shall pay each employee holding an Intermed certificate granted by TCLEOSE the sum of $100.00 per month. 2)The City shall pay each employee holding a Masters Degree obtain an accredited university the sum of $150.00 per month. The City shall pay each employee holding a Bachelors Degree obtained from an accredited university the sum of $125.00 per month. The City shall pay each employee holding an Associate Degree obtained from an accredited university the sum of $100.00 per month. 3)In an effort to encourage Police Officers to continue their coll education, effective with the signing of this agreement, Police entitled to receive both certificate and educational incentive p, up to a maximum of three hundred ($300.00) per month. Employees shall not be permitted to earn monthly incentive pay for more than one TCLEOS certificate and/or for more than one college degree. 4)To ensure that records are accurate and incentive pay is issued manner, Police Officers are solely responsible for reporting and providin proper documentation to the Chief of Police or his/her designee that the Police Officer has completed training and/or education outside the Department. Police Officers are not entitled to retroactive incentive pay. Incentive pay shall begin at the beginning of the next pay period after the date on which the Police Officer provides proof of certification and/or receipt of a college degree in accordance with this Article. 11 5)To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. Specifically, this Article pre-empts Section 143.044(b) and (c). 12 Article V Education 1)In order to be eligible for voluntary transfer into a coveted po, as that term is defined in this Agreement, within the Police Department, all Officers hired after 13 July 2009 must have completed a minimum of 20 college hours from an accredited college or university. 2)Except as provided in Section 3 below, in order to be eligible to participate in promotional examinations for Sergeant or Lieutenant, Officers completed a minimum of 60 college hours from an accredited college or university or have a combination of a minimum of 20 college hours from an accredited college or university and 40 TCLEOSE training credits at the rate of 20 training hours equal to 1 training credit, for a total of 60 hours. 3)The 60 hour college requirement established in Section 2 above shall be waived for officers wishing to take the promotional examination Sergeant if the officer is able to provide appropriate evidence, federal form DD214, showing that they honorably served four (4) or more full years in one or more branches of the U.S. military. 4)To the extent that any of these provisions differ from Chapter 1 Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. Specifically, this Article pre-empts Section 143.028(b), and 143.031. 13 Article VI Promotion to the Ranks of Sergeant and Lieutenant 1)With the exception of the below provisions, promotions to the rank of Sergeant and Lieutenant shall be in accordance with applicable Civil Service Law as established in Texas Local Government Code Chapter 143. Each promotional candidate from the police department who receives a at least 70 points on a promotional examination will be considered as having passed the examination. Seniority points will only be added to the promotional candidate 2) \ the applicant scores 70 or more points on the written examination. Candidates eligible to receive seniority points will have 1 seni added to their test score for every full year they have served in their current classification (grade), up to a maximum of 10 seniority points. For example, Sergeants who take, and pass, the Lieutenant promotional exam will only receive seniority points for each full year they have served as a sergeant. Cut off for seniority point calculations will be the date of the candidates written examination. 3)In order to be eligible to take the Sergeants test, officers and/or detectives must have served with the La Porte Police Department at least four (4) continuous years as a commissioned peace officer preceding the date of such promotional examination. 4)In addition to any seniority points a promotional candidate is e receive, promotional candidates who successfully pass a Sergeant or Lieutenant promotional examination and who have participated in the La Porte Police Departments Leadership Mentoring Program for at least six (6) full months prior to the date of the promotional examination, shall have an additional 2.5 points added to their written exam score. 5)Police Officers promoted to Sergeant and Lieutenant must serve a probationary period within the new classification. The probation 14 is completed following six (6) months of continuous service in the new classification. Should a police officer fail to successfully complete their probationary period, they shall be returned to the rank they held immediately prior to the promotion. 6)In accordance with applicable Civil Service Law as established in Texas Local Government Code Chapter 143, Section 143.035, an alternative promotional testing system may be used. The City and the Associ agree that an alternative promotional testing system will only bit is (1) proposed by the Chief prior to a promotional test notification from the City AND (2) accepted by a majority of the candidates for promotion who submit the required letter of interest in participating in the p process. This process must be repeated with each promotional te intends to administer and shall not carry over from one promotional test to the other. If an Assessment Center is selected as part of the alternative testing system, it shall be administered following the below procedures: A)Positions in the rank of Sergeants and Lieutenants shall be fill eligibility list created by a promotional procedure consisting of a written examination and an Assessment Center conducted in accordance with this Agreement. B)Officers who pass the Sergeants or Lieutenant's written promoti examination with a score of seventy percent (70%) or higher will proceed to the next step of the examination process, which is an Assessment Center. C)The score for the Written Examination and the Assessment Center be between 0 and 100 points each. As such, after the Assessment Center scoring has been completed for the rank of Sergeant and/or Lieutenant, the eligibility list shall be calculated as follows: 1.Written examination 0- 100 points 2.Assessment Center 0- 100 points 3.Seniority Points 2 10 points 4.LMP Participation Points 0 2.5 points 15 D)Prior to the written test being administered, the Human Resources Department will generate a list of potential assessment center consultants. The Chief shall then appoint two (2) members to serve on an Assessment Center Review Committee (ACRC). The ASSOCIATION shall also select two (2) individuals to serve on the ACRC. ACRC members must not be officers who are participating in any of the current years promotional examinations. Consulting with the Chief and other supervisors/managers of the department, ACRC members shall establish assessment criteria based on job content and responsib Once assessment criteria have been established, the ACRC shall m consider the list of consultants provided by the Human Resources Department and select the Assessment Center Consultant from the list (which may be subject to City purchasing policies and procedures E)After the Assessment Center Consultant has been selected, the Consultant will orient the ACRC. The Consultant will collectively confer with both the Chief and the ACRC on the needs or issues affecting the design of the Assessment Center. Any input from the ASSOCIATION will be summarized by the ACRC and made available to anyone who requests it. The Consultant shall make all final decisions concerning the design and implementation of the Assessment Center. F)The Consultant designs the Assessment Center and also selects th assessors; however, all assessors must meet the following criteria: 1.Active duty or retired, sworn officers of similar rank to the one being assessed for promotion, or above, from cities with a population 25,000 or greater; 2.Shall not reside in La Porte or any city contiguous to La Porte; 3.Shall not be related, by blood or marriage, to any candidates fo promotion; 4.Shall not personally know or be an acquaintance of any candidate for promotion; 5.Shall have two (2) years of experience in the promoted or equiva rank; and 16 6.Shall not be a current or former employee of the City of La Port G)The assessors selected by the Consultant will assess the candidates for the rank. The assessors shall award up to one hundred (100) poin each candidate participating in the assessment center. The assessment sessions will be videotaped, and candidates may review their own session by making an appointment with the Human Resources Department during normal business hours. Examination reviews will be conducted on the officers off-duty time and copies of the videotapes will not be distributed. Except for specific violations of any of the aforementioned criteria, or as provided by law, assessment center scores shall be deemed final and are not subject to appeal. 17 Article VII Physical Fitness 1)Officers hired after 13 July 2009, shall be required to pass an annual physical fitness assessment in order to be eligible for voluntary transfer to a coveted position, as defined in this Agreement, or to participate in promotional exams. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for Police applicants. 2)All Police Officers employed by the La Porte Police Department are encouraged to voluntarily participate in a quarterly physical fitness assessment. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for police applicants. Employees may, at their option, instead choose to voluntarily participate in the general City-employee wellness program. 3)Employees participating in Police Departments physical fitness program or the Citys general employee wellness program shall not be paid f spent preparing for assessments, personal conditioning, or engag work-out related activities. When on-duty, police officers will, however, be allowed to participate in quarterly assessments during their work hours. Under no circumstances will participating Police Officers be eli simultaneously receive the cash bonus under both the general Cit- employee wellness program and the Police Departments physical fitness program. 4)All Police Officers who pass the physical fitness assessment will be authorized to wear a special physical fitness award ribbon on uniform and will receive a physical fitness cash bonus of $250.00 for each quarterly physical fitness assessment successfully passed to be paid at the 18 end of the calendar year. At no time shall such fitness bonus exceed $1000.00 annually. 5)To the extent that any of these provisions differ from Chapter 1 Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. Specifically, this Article pre-empts Section 143.044(d). 19 Article VIII Compensatory Time 1)All sworn Police Officers shall be eligible to accumulate and ac compensatory time at a rate of time and one-half the hours actually worked, up to a maximum of 40 hours. All compensatory time provisions o the Fair Labor Standards Act shall be adhered to by the City of La Porte and the Police Officers covered under this agreement. 2)As with other forms of leave, compensatory time may be accrued and taken only after the employee submits a written request and receives approval by his or her immediate supervisor. Compensatory time off shall be granted at the sole discretion of the Department, and will not be granted i required to achieve minimum staffing levels. The City may opt to pay employees for accrued compensatory time at any time. 20 Article lX Association Leave 1)Except as provided for under Section 2 below, during the term of this Agreement, each year on or before December 31 the City shall assess from each Association member two (2) hours of accrued vacation leave time to be placed in an Association business leave pool. Association me the approval of the Association Board of Directors, shall be all the pool during the calendar year when attending to Association related business, including, but not limited to, time spent representing Association at meetings or events; representing members at disci hearings, grievances or on other job-related matters; attending seminars or training programs; and attending to business associated with the meet and confer process. 2)Any Association member shall have the option to opt out of participating in the Association Leave Pool and avoid the aforementioned vacation leave assessment by notifying the Human Resources Department prior to January 1st of any applicable year, during the term of this Agreement. Such notice shall be in writing and the Human Resources Department shall thereafter it said notice to the Association within thirty (30) days. send a copy of Should any officer willingly and voluntarily give or provide additional minutes of credited leave time to the pool, he/she may do so by delivering by proving written notice to the Human Resources Department, who then will furnish a copy of same to the Association within thirty (30) days. The Human Resources Department shall provide the Association with a statement as to the leave balance in this pool every ninety (90) days. 3)The Association shall request Association Leave off for eligible members at least forty-eight (48) hours in advance, by delivering written notice to the Chief. Association Leave shall be viewed the same as requests for reg 21 vacation and will be subject to supervisory approval, with staffing and other considerations taken into account. As with all other forms of leave, if the Chief of Police deems it necessary, he/she may order Association on Association Leave to immediately report back to work. 4)The pool shall be cumulative during the term of this Agreement. City is only required to make an individual assessment from Association who have at least two (2) hours of accrued vacation time at the time the City makes the assessment. 5)The Chief will consider requests for additional time off without attend to other Association business. Any such request shall be in writing and delivered to the Chief at least forty-eight (48) hours in advance of the requested leave. 22 Article X Grievance Procedure 1)The purpose of this grievance procedure is to establish effectiv for the fair, expeditious and orderly adjustment of grievances. involving the interpretation, application or enforcement of a sp of this agreement by one or more employees shall be brought to the attention of the Association Grievance Committee in writing within fifteen (15) calendar days of when the employee knew or should have know the occurrence or occurrences that gave rise to the grievance. Association may bring a grievance that is an on-going practice by the City which affects the bargaining unit as a whole Class Action with (15) calendar days of when the Association knew or should have k the grievance. Within fifteen (15) calendar days of the receipt of the grievanc grievance committee shall determine if a valid grievance exists. If, in the opinion of the Association Grievance Committee, no grievance exi Association denies the grievance, the Association Grievance Comm shall notify the employee. If the Association Grievance Committee accepts the grievance, the Association shall, within seven (7) calendar accepting the grievance, present written notice of the grievance Chief of Police. 2)The Chief of Police shall render a written decision to the Assoc Grievance Committee within seven (7) calendar days of the date t Association Grievance Committee filed such grievance with the Ch Police. 3)If the grievance remains unresolved, the Association Grievance C or its representative may submit said grievance to the office of the City Manager. Said grievance, if submitted, must be filed within seven (7) 23 calendar days of the date the Chief of Police rendered or should rendered a written decision. 4)The City Manager shall render a written decision within seven (7) calendar days of the date the Association Grievance Committee filed said with the City Manager. 5)If the grievance remains unresolved, the Association Grievance C or its representative may request that the grievance be submitted for grievance mediation through an independent third-party such as the Federal Mediation and Conciliation Services (FMCS). The parties agree that any fees and expenses associated with mediation shall equally by the submitting Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs attorney are paid by the party that retains the attorneys servi 6)If the grievance remains unresolved following mediation, the Asson Grievance Committee or its representatives may the request that grievance be submitted to arbitration, said request must be subm writing to the office of the City manager within seven (7) calen from the date an official impasse is declared relating to mediation. 7)Either party may request the Federal Mediation and Conciliation (FMCS) or American Arbitration Association (AAA) to provide a li arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA. In that event FMCS or AAA will be requested to submit another list. The Parti select an arbitrator from the list. The parties, by mutual agre select to use AAA expedited rules. A)The powers of the arbitrator shall be limited as follows: 1)He shall have no power to add, to subtract from, or modify any of the terms of this agreement. 24 2)The arbitrator shall deal only with the grievances that occasioned the arbitrators appointment. 3)The decision of the arbitrator, if within the scope of the arbitrators authority, shall be final and binding upon the parties. 4)The arbitrator shall be empowered to determine whether an issue is subject o arbitration pursuant to this agreement. 8)The parties hereto agree that the Arbitrators fees and expenses are shared equally by the appealing Police Officer and by the City. The co witness are paid by the party who calls the witness. The costs attorney are paid by the party that retains the attorneys services. 9)A grievance not filed within any of the time limitations specified herein shall not be considered timely and shall be void. The time limitations described herein may be waived by mutual agreement in writing by Association Grievance Committee and the appropriate management official. 25 Article XI Duration 1)The provisions covered under this agreement will be effective upon ratification by the La Porte Police Officers Association and ap La Porte City Council, in accordance with Chapter 142 of the Tex Government Code. This Agreement shall expire at midnight September 30, 2016. In the event that a new Agreement has not been reached by that date, the parties may mutually agree to extend this Agreement. 2)The City of La Porte and the La Porte Police Officers Associati the meet and confer process no later than May 1, 2016, unless the parties mutually agree in writing to defer the start of the proc date. 26 Agreement to be signed by its Association President, by order of its membership, and the City of La Porte has caused this agreement to be signed by its City Manager on the ____________ day of ____________________________, 20___. La Porte Police Officers City of La Porte, Texas Association By: ______________________________ By: ___________________________ President City Manager By: ______________________________ By: ___________________________ Witness Witness 27 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested:June 24, 2013 __Appropriation :Michael Dolby _ ______Source of Funds: ____________ Requested By Finance_________________________Account Number:____ Department: __Resolution: _X__Ordinance: ___ _Amount Budgeted: ____________ Report: Exhibits: _Resolution___________________Amount Requested: __________________ Exhibits: __DeedBudgeted Item: (YES)NO Exhibits: __Site Map_____________________________ SUMMARY & RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had this propertyon thepublic resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set bythe judgmentor higher; at this time, staff isasking the City Council to pass a resolution to approve the sale of thispropertyfor the amount that has been offered. P128–Lots7, 8, 9, 10,11&S1/2 of Lot 6 Block 25Town of La Porte–Offer $14,830.00 (Adjudged Value $14,830.00Taxes+Cost $13,018.46) Action Required by Council: Consider approval or other action of aResolution authorizing the sale ofLots 7, 8, 9, 10, 11 & S ½of Lot 6 Block 25 Town of La Porte. Approved for City Council Agenda ___________________________________________________________ CorbyD.Alexander,City ManagerDate EXHIBIT A TAX RESALE PROPERTY TO BE SOLD TRACT 1:Resale Property P128 Legal Description: Lots7, 8, 9, 10, 11 & ½ of Lot 6Block 25Town of La Porte HCAD #023-165-025-0025 Offer Amount: $14,830.00 Notice of confidentiality rights: If you are a natural person,you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS§ §TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, theLA PORTE INDEPENDENTSCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials (“GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by JOSE ANTONIO OLVERA (“GRANTEE”) the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENTSCHOOL DISTRICT, THESAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRISin the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1999-31986, styled City of La Porte, et al vs. Doris Miller Alspaugh FKA Doris Murray, et al, said property being described as: THE SOUTH ½ OF LOT 6 AND ALL OF LOTS 7 THROUGH 11, BOTH INCLUSIVE, IN, BLOCK 25, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, REFERENCE TO WHICH IS HERE MADE FOR ALL PURPOSES, AND COMMONLY DESCRIBED AS W A STREET, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-165-025-0002). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if anybut only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the saidJOSE ANTONIO OLIVERA, his heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRISany person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee accepts the property in “AS IS, WHERE IS” condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, theLA PORTE INDEPENDENTSCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT,and theSTATE OF TEXAS, COUNTY OF HARRIShas caused these presents to be executed this ________day of ______________________ 2013. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY, MAYOR ACCEPTED: ______________________________ JOSE ANTONIO OLVERA THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2013. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS§ § COUNTY OF HARRIS§ BEFORE ME , the undersigned authority, on this day personally appeared JOSE ANTONIO OLVERA known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2013. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To:JOSE ANTONIO OLVERA 216 South Eleventh Street La Porte, Texas 77571 Resale Property P128 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO:023-165-025-0002Property Struck off for:Taxes CAUSE NO:1999-31986 PLAINTIFF(S):City of La Porte & La Porte Independent School District JUDGMENT AGAINST:Doris Miller Alspaugh JUDGMENT DATE:April 1, 2000STRUCK OFF DATE:November 7, 2000 ORDER OF SALE:April 12, 2000 DEED RECORDED DATE:January 4, 2001STRUCK OFF TO:City of La Porte CONSTABLE:Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS:W A Street LEGAL DESCRIPTION:Lots 7, 8, 9, 10 & 11 & S 1/2 of Lot 6 Block 25 Town of La Porte ADJUDGED VALUE ( IN JUDGMENT):$14,830.00 SQUARE FOOTAGE:17,188 SUMMARY OF SALE ACTIVITY BIDDER:Jose Antonio OlveraBIDDER'S ADDRESS:216 South Eleventh Street AMOUNT OF BID:$14,830.00La Porte, TX 77571 AMOUNT OF DEPOSIT:$1,483.00 AMOUNT DUE:$13,347.00BIDDER'S PHONE NO:832-256-3208 PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, JUDGMENT TOET AL.%SCHOOL%CITY%TOTAL AMOUNT DUE$2,767.4125.65%$4,879.6845.24%$3,140.0729.11%$10,787.16 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES CONSTABLE/ AD ESTIMATED AMOUNT AMOUNT OF COURT PUBLICATION FEE LITEM RESEARCH FEE & TO BE PRORATED TO BIDCOST(TISD)FEEDEED RECORDING FEETAXES $14,830.00$780.00$575.00$0.00$250.00$13,225.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TOCOUNTY%SCHOOL%CITY%TOTAL PRORATED AMOUNT $3,392.8325.65%$5,982.4645.24%$3,849.7129.11%$13,225.00 Amount of Bid:$14,830.00 Costs: -District Clerk$730.00 -Tax Master$50.00Chris Stacey -Constable Fee$400.00 -Publication$175.00 -Abstract Fee$250.00 -Cost$0.00 -Ad Litem Fee$0.00 Total:$13,225.00 Taxing Jurisdictions:Amount in Judgment:%Amount Received City of La Porte$3,140.0729.11%$3,849.71 La Porte ISD$4,879.6845.24%$5,982.46 Harris County$2,368.7721.96%$2,904.10 San Jacinto CCD$398.643.70%$488.73 State of Texas$0.000.00%$0.00 $10,787.16100.00%$13,225.00 Costs + Taxes$12,392.16 Adjudged Value$14,830.00 P128 PROPERTY LOCATION 1 inch = 150 feet REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: June 24, 2013 Source of Funds:033 David Mick Requested By: Public Works________________________ Department: Account Number: 033-7071-531-1100 Report: Resolution:Ordinance: Amount Budgeted:$1,200,000 Exhibits: Amount Requested:$435,986 Bid Tab,Plan Holder List, Street Overlay List, Street Overlay Plan Budgeted Item:Yes, Funding Available SUMMARY & RECOMMENDATION Advertised, sealed bid proposals for La Porte FY 2013Street Overlay were opened and read on June11, 2013.Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website site, and directly mailed out to fourteen (14)area contractorsknown to possess qualification to complete the workwith three (3) contractors returningbids. Forde Constructionsubmitted to lowestbid in the amount of $416,986.00 plus an Alternate Bid of $7,000.00 for providing the milled asphalt from item 5 for a total of $423,986.00. Staff recommends awarding the contract to Forde Construction Company Inc. in the amount of $433,986.00which is equal to the base bid plus alternate plus $10,000 contingency. Additionally, materials and density testing will be required for this project at a cost of $2,000. Asphalt surface coat priceshave increased approximately 22% since 2012 contract price. Project Benefits, Liabilities, and Operating Cost: Benefits: The proposed project provides timely maintenance and rehabilitation of existing public facilities that was envisioned by the city organization and residents with the street tax renewal. Liabilities of Maintaining the Status Quo: More substantial work to the roadwaysincluded with this project would likely be required in the future if the proposed rehabilitation of these facilitieswere to be deferred for an extended periodof time. Maintenance that is not completed this budget year would need to be added to future budget years. Operating Costs: No new facilities will be addedwith this project. Action Requested of Council: Consider approval or other action authorizingtheCity Manager to execute a contract with Forde Construction Company Inc. in the base bidand alternate amount of $423,986.00with a contingency of $10,000 for a total contract amount of $433,986.00, plus $2,000 for third-party materials and density testing for atotal authorized allocationof$435,986.00. Approved for City Council Agenda Corby D. Alexander,City ManagerDate BIDDERS LIST La Porte FY 2013 Street Overlay Project BID #13019 Angel BrothersSpawGlass Civil Construction, Inc 5210 West Rd13800 West Rd Baytown, TX 77520Houston, TX 77041 Craig & Heidt, Inc.Civil Concepts 1970 Knoll3425 Federal St Houston, TX 77080Pasadena, TX 77504 General Contractor Services, IncForde Construction Co 8400 La Porte Rd6842 Calle Lozano St Houston, TX 77012Houston, TX 77041 Mitchell Enterprises, LtdAAA Asphalt 700 N Crockett10526 Tanner Rd Sherman, TX 75090Houston, TX 77040 PMG LLCDurwood Greene Construction Co. 2723 Houston AveP. O. Box 1338, Houston, TX 77079Stafford, TX 77497 Requested from the Website iSqFt Brooks Concrete 8450 Westpark Houston, TX 770634018 Allen Genoa Pasadena, TX 77504 Garner Paving & Construction, LTDGMJ Paving Co 24706 CR 464434 Bluebonnet Suite 140 Angleton, TX 77515Stafford, TX 77477 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June 24, 2013 Source of Funds: N/A Requested By:Councilmembers Zemanek, Kaminski & Moser Account Number: N/A Department:CityCouncil Amount Budgeted:N/A Report: Resolution:Ordinance:X Amount Requested:N/A Budgeted Item:N/A Exhibits:Proposed Council Policy: Ethics and Conflict of Interest SUMMARY & RECOMMENDATION Many cities across the state have adopted ethics and conflict of interest policies for elected City officials, which often include City officers and employees. The policy before you isa policy affecting both City elected officials and City officers and employees. Action Required by Council: Consider approval or other action adopting an ethics and conflict of interest policy. Approved for City Council Agenda Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013Appropriation Requested By:Traci LeachSource of Funds: Department:AdministrationAcct Number: Report:XResolution: Ordinance: Amount Budgeted: Attachments:Requested: Attachments: Budgeted Item(s): YES NO _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION At the request of the City Council, staff is providing an update of delinquent taxeson properties within La Porte. Prior reports had included a report showing the accounts paid for the previous month,as well as a complete listing of all delinquent accounts.Based on additional feedback after the May 2013 Council meeting, staff has amended the report to further breakdown the delinquent tax listing to provide clarification as to the different statuses each property may be in. The following reports are attached: Percentages of each delinquency account typein relation to the total amountof delinquencies. Bankruptcies Delinquent Deferrals Partial Payments Litigation Partial Payments Uncollectable accounts Struck off properties Staff will be present to take note of any accounts that Council has questions about and will provide follow up as necessary. A ction Required by Council: None. Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, CityManagerDate Due to the volume of this report, a copy is available for review in the City Secretary’s Office. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 24, 2013 ____N/A________ Source of Funds: _Traci Leach______ Requested By: Account Number:_______________ Department: __Administration ____________ Amount Budgeted: ______________ Report: _X_Resolution: ____Ordinance: __ Amount Requested: Budgeted Item: YES NO Exhibits: 1.Strategic Plan Update SUMMARY & RECOMMENDATION At the April 8, 2013 meeting of City Council,the final version of the Strategic Planwas presented, which included a more detailed listing of action items associated with each goal and objective, plus the addition of four additional goals incorporated by staff. In order to provide Council with timely, staff will be providing a quarterly update outlining the progress made towards the stated goals and objectives. The format is similar to that used for the Planning Audit update. As staff began going through the Plan, there are some timelines that have been adjusted (both back and forward) when compared to what was originally approved by the Council. Those changes are highlighted in yellow. Staff will be available to respond to questions. ___________________________________________________________________________ Action Required of Council: Receive report. Approved for City Council Agenda: _________________________________________________________ Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 24, 2013 ____N/A________ Source of Funds: _Tim Tietjens______ Requested By: Account Number:_______________ Department: __Planning____________ Amount Budgeted: ______________ Report: _X_Resolution: ____Ordinance: __ Amount Requested: Budgeted Item: YES NO Exhibits: 1.Implementation Matrix -Immediate 2.Implementation Matrix -Short Term 3.Audit Report SUMMARY & RECOMMENDATION th At the February 25meeting of City Council,the Planning Department Audit Report was presented along with a subsequentImplementation Matrix showingthe priority and timeline for delivery of each line itemin the order listed within the report. The Implement Matrix listedthe report items into three different priorities for initiating action: immediate(those items to be initiated within twomonths), short-term (those items to be initiated between two and sixmonths), and long-term (those items to be initiated between six and eighteen months).City Council directed staff toreportprogress quarterly, and this item represents the first quarterly report. For the purposes of reporting status, the Implementation Matrix items weresorted by the three different prioritiesto initiate,and is being displayed via three separate matrices. Planning staff started with the immediate priority matrix and has been meeting weekly to ensure the project is on schedule. There was also some limited action on the short term items as well,so both matricesare attachedto this report.Each Implementation Matrixgraphically shows the degree of completion of each line item by a color coded Gantt chart with comments if applicableto that line item. The attached Audit Reportconsists ofthe originally approved narrative document that now also contains a highlighted, written entry beloweach applicable recommendation describingwhat action was achieved for that recommendation. Overall the departmentis encouraging the use of a predevelopment applicant consultation process to provide better comprehensive information up front rather than response based review format. More data will be linked to the City’selectronic systems and internet based information for ease of access.The provision of this data will also reduce the applicants need to go through some time consuming steps that were prerequisites up until this point. ___________________________________________________________________________ Action Required of Council: Receive report. Approved for City Council Agenda: _________________________________________________________ Corby D. Alexander, City ManagerDate City of La Porte Planning Department Organizational Review Final Report and Recommendations Mueller Management/Ron Cox Consulting February 6, 2013 City of La Porte Planning Department Organizational Review Final Report and Recommendations Table of Contents Page I.Introduction 2 II.Recommendations 4 Process Recommendations A.Communication 4 B.Cumbersome Processes 6 C.Site Plan Review Process 8 D.Permitting Intake/Issuance 10 E.Code Enforcement 12 F.Inspections 13 G.Miscellaneous 14 Organizational Culture Recommendations H.Mission & Goals 15 I.Departmental Cohesiveness 18 J.Trust 19 Code Recommendations K. Code Recommendations 20 Zoning Code 20 Development Ordinance 23 Other 25 III.Conclusion 25 IV.Exhibits A. Site Plan Review Flowchart B. Permit Intake/Issuance Flowchart 1 Planning Department Review I. Introduction On September 24, 2012, the City of La Porte engaged Mueller Mana Consulting, to perform an organizational review of the Planning organizational reviews in various departments of the City was identified by the City Council during the FY 2013 budget planning process. The Planning Department was chose due to its high frequency of customer/citizen interaction points have a significant impact on the communitys perception of the City gov Specifically, the purpose of this review was directed toward evaluating departmental policies, procedures, practices, and codes to identify improvements that mlue, shorten response times, and improve customer service. In particular, the processes invo issuance were identified as areas of emphasis. The underlying strategy of the analysis by the consulting team was to identify internal perceptions and external perceptions as they relate to the identified issues/p perceptions of internal participants (employees) align or differ Planning Commission, customers) was analyzed to identify gaps in desired-versus-provided service levels. Internal perceptions were gathered from individual interviews with each member of the Planning Department and members of other City departments who are involved with the site plan and building permit processes. Further, the site plan review process and theand issuance processes were flowcharted to identify potential gaps or inefficiencies in thos External perceptions were obtained by individual interviews with each member of the City C Planning and Zoning Commission. To further validate the percept interviews, three separate focus groups were convened one focused on code enforcement; one with contractors/designers; and one with business owners. An interim report, summarizing the internal and external observations, organized under 10 major themes, was presented to City Council on December 10, 2012. Subsequent report presentation, the consulting team conducted the following activi The interim report and several specific customer concerns that w focus groups were reviewed with the Planning Department division managers. This review provided an opportunity for the staff to better understand and accept the reality of the issues at hand and begin to be part of the recommended solutions. Management recommendations were developed to address the organizational culture, communication, and trust themes that were identified in the interim report. 2 Planning Department Review The flow-charted processes were analyzed for efficiency and communication improvement opportunities. Organizational, process, and communication improvements were developed. Suggestions offered by the electedand appointed officials, customers and employees were incorporated. The zoning and development codes were evaluated for potential recommendations to improve their functionality and address concerns raised by the customer groups. Implementation Recommendations: Implementation of the recommendations will present many opportunities for organizational and leadership development within the department and with customers. An effective method of implementation is the use of task forces organized around a specific set of the recommendations. Membership in the task forces should primarily consist of employ also consist of representatives of the customer groups identifieEach task force should be managed by a team leader appointed by the Director. Each team leader will completing and reporting on the final implementation. It is also important to reinforce the revised processes with underlying improvements in culture, trust, and cohesiveness. The process improvements will not be fully successful until t organizational culture is redirected toward better cooperation internally and a customer focus externally. A variety of tools are available designed to enhance the organizational culture. A commitment by City Council and management toward this holistic approach will enhance the full implementation of the improved customer service attitude. Acknowledgements: The consulting team wishes to thank all members of the City Coun, Planning Commission, City Managers office, the Planning Department, and the customer focu great cooperation from each person we spoke with and encountered information we requested. All participants were very candid in their comments and believed their negative and positive comments would be used in the spirit of imMany positive suggestions were put forth by the individuals and groupere incorporated into these recommendations. The consulting team appreciates this opportunity to be of servic that these recommendations will add value to your customers exp effectively perform their jobs. This report concludes our engagement, provide additional assistance should you or the staff desire an implementation. 3 Planning Department Review II. Findings and Recommendations The internal observations, external perceptions, and a preliminary assessment of the implications of these observations and perceptions were documented in the interim report. The topics presented in this report generally correspond to the themes that were coveredthe interim report. A set of findings are presented for each topic along with a series of rec finding. The topics are grouped into process, organizational culture, and code-related recommendations. Process Recommendations The following process-related recommendations are intended to respond to concerns expr customers and incorporate procedural improvement possibilities o These improvements are designed to improve communication and access to information; reduce the time required to obtain permits and improve the customer experie Department. A.Communication Findings The variety of independent prerequisites before the issuance of a building permit provides multiple opportunities for ambiguity and difficulty in coordination. Cur charged with coordinating all aspects of a project from initial be challenging for customers to know exactly which sub-applications apply for a particular project and the correct submittal sequence. Staff acknowledged that multiple resubmittals do occur, but gene result of poor plans being submitted or designers modifying unrelated items (on which the additional comments are based). There is a gap between the perceptions of the customers and the staff that needs to be resolved. Recommendations 1.Pre-Development Meetings with customers: i.Establish routine days and times for pre-development meetings when staff will be available. ii.Establish which staff is required to attend the pre-development meetings, and hold those staff accountable for attendance. Establish a protoco 4 Planning Department Review responsibility to the appropriate person for notifying the staff of their attendance requirement. iii.Publicize the availability and schedule of pre-development meetings on the web site and in the Planning Department lobby. Encourage staff to r preference for using the pre-development meeting format whenever possible in their interactions with the public. iv.Develop a pre-development meeting checklist that outlines all of the permits that may be necessary for a particular project, so that the appl aware of the multiple steps that may be needed before they make their first submittal. Also, provide fee schedules associated with each of the applicab permits. v.Utilize the pre-development meeting to review the checklist and have staff available to elaborate and answer questions. Also, utilize this meeting to communicate lessons learned from similar projects, such as critical review i and long lead-time aspects of the permitting process, to assist the customer i planning their overall schedule. Staff is creating a predevelopment applicant consultation packet, which includes a comprehensive checklist of all development processes. The checklist also contains website links to further explain each process. 2.Host periodic forums for the development/contractor/business community to open and maintain an opportunity for dialogue. These forums can be utilized to communicate such topics as new codes, frequently encountered pro receive feedback and suggestions from developers and contractors. The goal is to establish and maintain open lines of communication between the dep customers to reduce the perception that involving management or order to achieve solutions. Establishing open rapport will facilitate a collaborative problem-solving environment between staff and customers. i.Initially a quarterly schedule is recommended; re-evaluate frequency after the first year. ii.Depending on the interest of participants, the city may want to forums into more focused topic sub-groups (for example, separate planning, engineering, and inspections forums). 3.Establish a centralized database of previous code interpretation staff and public; or display in a FAQ format. 4.Ensure that the need for address verification and utility verification is communicated consistently; document the need on related forms and communicate early in the application process. 5 Planning Department Review The need for property identification (HCAD Number) and address, if existing, has been noted on our existing forms, the newly created predevelopment checklist, and is being communicated verbally during initial meetings with applicants. The utility verification process has been replaced by the publication of GIS utility laye on the Citys website. Utility verifications will be performed by Public Works on a case- by-case basis only when utility verification is in question. If a necessary, applicant will be advised of the utility extension pr The culvert request process has been replaced by the internal permit review process, wherein staff will determine culvert size for any driveway construction or culvert installation. Local driveway permits will be issued regardless of jurisdict the strictest regulation will govern. 5.Ensure that all permit application forms and related information (that was provided to the consultants in the binder) are available on the website. At a minimum, provide printable PDF files, but preferably as live forms that can be completed an electronically. Many forms are currently available to the public on the website. These forms, as well as additional forms, will be updated and converted to fillable .pdf forms as the audit is implemented. 6.To the greatest extent possible with the current computer system available on-line so that applicants can obtain status updates as easily as p Where the computer system falls short, establish an information base that will track status of projects and provide contact information to the custom information. The objective is to develop a system within the constraints of t computer software system, to provide substantive information to the customer on a timely basis. 7.Post the office hours by the outside door. City hall hours are posted, which may cause customers to think the office is closed when it is actually open Division hours of operation were immediately posted on a temporary sign on the exterior doors to the Inspection Division. The temporary sign hbeen replaced with permanent signage. Additionally, directional signage for Inspections/Permitting has been placed at the main entrance to City Hall. 6 Planning Department Review 8.Departmental staff should proactively notify the city management interactions that may be reasonably expected to evolve into more relations situations. Staff continues to utilize the chain of command to notify city mof potential public relations situations. 9.Revise the Planning & Zoning Commission public hearing agenda format. The following agenda sequence is proposed: i.Staff Presentation ii.Applicant Presentation iii.Public Comments (for, against, or simply questions) iv.Question and Answer The current public hearing agenda format encourages the Commissi before all of the information has been presented and also puts t of answering questions better answered by the applicant. The Commission should allow all information to be presented in items i-iii before asking questions under item iv. Any questions posed by the public during item iii should be noted by then asked by the Commission during the question and answer period. During the question and answer period, questions should be directed by the the staff or applicant, depending on who is in the better position to answer the particular question. B.Cumbersome Processes Findings The cumbersome nature of the NaviLine software system appears to sluggishness and inconsistencies that customers experience. Iro processes too difficult to navigate and work without permits, tho increases the workload of the code enforcement division. Recommendations 1.Track certain permits outside of the NaviLine system to eliminat that does not add value for example: fill dirt, utility verification, culvert, address assignment, site plan review. i.A separate logging and tracking system (database or spreadsheet) n developed and made available on the server so all staff members update information and check status as needed. 7 Planning Department Review Planning staff will continue to utilize Naviline to enter data for all identified processes. Necessary staff training has been scheduled to ensur use the system as intended. 2.The driveway permit process should be modified so that culvert s part of driveway permit process rather than as a separate applic When a driveway permit (issued by the Inspections Division) requires a culvert permit (issued by the Engineering Division) is also requ primarily consists of specifying the correct diameter for the culve for a non-driveway application, the culvert application would still be a s application. 3.Complete the water and sewer GIS layer and make available to theublic. The internal utility verification process can be eliminated completely by allowing the public, land owners, and engineers to access the data directly. However, in the inte, within the current utility verification process: i.Ensure that the drawing of the existing utilities is provided to the applicant as part of the response to the applicant. ii.If NaviLine is continued to be used to track utility verificatioave a PDF of the utility drawing as an attachment to the NaviLine file so that all data related to the request can be obtained in one location. 4. Until NaviLine is able to produce the information needed for the monthly reports, the reports should be reconfigured to eliminate the time and effort needed to track information manually. Currently, some data for the monthly and quarterly reports is tracked manually because it is not accessible from NaviLine. 5.Establish and publish plan review time goals for the most common This information will provide the customer with a reasonable expectation and establish accountability for the staff. 6.Allow simple plan sets to be reviewed quickly while more complex reviewed in the background. To expedite simpler plan sets, establish and use a priority process rather than a chronological (first come-first served) policy. 7.Establish a simplified fence permitting process. The current system is both time consuming and expensive and is a source of consistent frustratio expedite standard fence replacements in the same location, do not require site plans or formal surveys. Utilize standard details as a condition of appr attachment of runners and pickets, etc.). If a fence is on a co 8 Planning Department Review perhaps require consent from the neighbor to waive the site plan requirement. As a further relaxation, the site plan requirement for new fences cou location restrictions being issued as permit conditions. 8.Upon issuance of the certificate of occupancy, paper inspection files should be purged. Maintaining the paper copies of plan review comments, permits, a takes considerable staff time. The content of these files is ge that has been or should have been entered into the NaviLine permit file. 9.Establish a consistent philosophy to utilize PUDs to simplify, rather than complicate, development applications. Several people who were interviewed reported that the current implementation of PUDs actually makes approval of a project more difficult, rather than facilitating the unique situations they are intended with the organizational culture initiatives previously discussed PUDs to facilitate development, rather than as a mechanism to add additional requirements, should be encouraged and enforced by management an C.Site Plan Review Process Findings The site plan review process affects a wide variety of businesse applicant has with the City. As currently structured and administered, the prs confusion for many applicants and creates a poor first impression. Recommendations 1.Compile and agree upon staff review comments before meeting with the applicant. The site plan meeting has been incorporated into the predevelopment applicant consultation meeting to systematically include collection, compilation, and distribut of reviewers comments prior to meeting with the applicant. 2.Establish appropriate review protocol between the Planning and Fire Departments. Evaluate need for fire marshal to be involved with site plan review; consider whether or not one Fire Department representative can handle all fire-related review comments. This will better define and possibly reduce the number of people involved in the review process. A meeting was held to discuss review protocol between the Planni Departments. It was determined that representatives from both Fire Prevention and 9 Planning Department Review Fire Suppression Divisions must be in attendance at the predevelopment applicant consultation meetings. 3.Develop and consistently use checklists for each reviewer. The contents of each checklist should be unique to the items for which each reviewer is responsible and approved by the Planning Director. Periodically update the checklists as new or recurring issues arise. The checklists can be provided directly to the applicants in advance to better inform them of the requirements. Further the c can also be provided to the applicants to eliminate the time and effort required to compile all comments into one review letter. The predevelopment applicant checklist will be provided to applicants during predevelopment meetings and will contain website links to department specific applications, processes and development criteria. 4.Ensure all reviewers are submitting comments electronically in a (Word document or NaviLine) using the checklists described above; also consider requiring reviewers to provide marked-up plan sets for return to the applicant. All reviewers have been submitting comments electronically. Staff has implemented the Naviline response protocol as the standard of operation. Su provided to reviewers on 4-30-13. Additionally, training on electronic mark-ups of redlines will be scheduled after acquisition of Adobe Pro for all reviewers. 5.Ensure review deadlines for each application are communicated an for all reviewers (inside and outside of the Planning Department). Five day review deadlines have been communicated via memo from t Director to all reviewers and will be reiterated in a project me application. 6.Establish review turn-around time goals for re-submittals. The goal is to complete the review of resubmitted plans within three (3) business days, but not to exceed five (5) business days from the date of resubmittal. If the plan is not approved, written communication will be provided to the applican deficiencies. Once the plan is approved, a signed copy of the plan will be returned to the applicant. 10 Planning Department Review 7.Establish and enforce a policy that additional comments will not resubmittals. Exception: when the applicant has made changes to the plans subsequent to the prior submittal. A policy has been created disallowing additional comments on res, except when the applicant has made changes to the plans subsequent to t. 8.Research the ability of NaviLine to assign a project number using an HCAD parcel number (if NaviLine tracking of site plans is continued). Currently, s can not be entered until an address is assigned. This sometimes processing while the address verification process is completed. Naviline does not have the ability to substitute sequential proj numbers. HCAD parcel number entry is standard operating procedure for apps. 9.Ensure NaviLine is sending automatic notices of new site plan applications received to all reviewers (if NaviLine tracking of site plans is continued). Testing demonstrated that all site plan reviewers are receiving applications. 10.Establish and post annually a schedule of deadline dates for submittals, return of comments, resubmittals, and the corresponding Planning and Zonin meeting date on which action will be taken (if applicable). A schedule has been posted on the Planning Department webpage. 11.Consolidated review comments that are sent to the applicant should be provided to all reviewers. These consolidated comments will allow each reviewer to be aware of the full context of comments that were made. All reviewers are receiving a copy of the comments letter sent tant. 12.Ensure NaviLine is placing a hold on release of building permits approved. A hold on building permit issuance is being placed on all site plans entered in Naviline until such time an approved site plan is received. 13.Automate the generation of the final site plan approval letter sent to the ap. 11 Planning Department Review A step has been added in Naviline to ensure the site plan approval letter to the applicant is automatically being generated. 14.Replace the manual building permits release form currently being sent to the Inspections Division with the automated letter described above. Incorporated into Step 13 above. 15.Develop a screening questionnaire to help applicants better prep this can be reviewed and provided at the pre-development meeting. i.Communicate to applicants the need for an address request to acc precede a site plan application. ii.Communicate to applicants that the proposed electric meter locat for determining a proper address. iii.Communicate to applicants the need for a utility verification request to accompany or precede a site plan application. 16.Make available to applicants a sample of a good site plan application to use as a reference in preparing their application. A sample site plan has been prepared which shows the necessary information as ideally arranged. 17.Re-evaluate the site plan application form to ensure all requested necessary; remove unnecessary or unused information to make submittal simpl the applicant. D.Permitting Intake/Issuance Findings Customers perceive difficulty in timely receipt of consistent pl permits. In some cases, customers also experience complications information. Reducing redundant internal procedures will free up staff time for more meaningful tasks and customer communications. Providing a process to stream permits to trade contractors would address several customer concerns. Recommendations 1.Investigate and implement the ability to allow permit applications to be completed and submitted electronically with payments made on-line, over-the-phone by credit 12 Planning Department Review card, or with an escrow fund. At a minimum, contractors should have the ability to pay for and obtain simple trade permits on-line. 2.Allow contractors to open escrow accounts against which permit fees ca to eliminate the need for recurring checks and trips to city halo pay for trade type permits. 3.Ensure that building plan review turn-around time goals are established and enforced for all staff members involved with plan review. There has been an unwritten policy that dictates building plan review turn-around time goals. These review time goals have now been incorporated into a wri department policy. 4.Establish and enforce a policy that additional comments will not be added on resubmittals. Exception: when the applicant has made changes to the plans subsequent to the prior submittal. A policy has been created disallowing additional comments on res when the applicant has made changes to the plans subsequent to t 5.Redundant paper logs should be eliminated with the data being retrieved from NaviLine when needed. There are multiple paper logs used for tracking various permit applications and the status of those applications. Examples inc (tracks applications during plan review), over the counter log (acks resubmittals and other delivered documents), roof permits log, temporary and portable sign log, clearing/fill dirt/storm water quality log, new code enforcement case log, and a follow up code enforcement log. Periodically, the data on these logs are typed into a spreadsheet for archiving, but the original paper logs are also Additionally, there is a separate database maintained for water and sewer taps Most of the information entered on the logs is also entered into process to set up the permit file in the system. If NaviLine isof appropriately tracking the review steps, a separate database should be set up in place of the paper logs, so that the tracking information can be easily entered, updated, queried, and accessed from the network by all staff members. The database should be set up to track the info needed for the various permit types, but only require tnt data fields for the particular permit type. The database should also be made available to the public so that applicants can see the review status of their applications. 13 Planning Department Review 6.The Inspections Services Technicians should log Planning Division-related applications, such as site plans and zone changes. A consistent logging process as described above should be developed for all Planning Department applications to differentiation between processes for each division. 7.Ensure the fire marshal building plan review comments are coordinated with the Inspections Division comments and returned simultaneously with the Inspections comments. Comments provided by the Fire Marshal will be solicited by Inspection Reviewers and will be sent out by the goal date. 8.Ensure all three front counter technicians have the same job des adequately cross-trained; each have areas of specialty, but workload should always be balanced. 9.Ensure all three front counter technicians have access to the sa inspection notes files and all relevant NaviLine modules. All front counter technicians have access to Code Enforcement, B Business Licenses, Planning & Engineering, and Land Management N 10.Plan review for clearing permits conducted by a Parks Department representative and Engineering and Planning Divisions should be done simultaneously rather than serially. A simultaneous review process will expedite the issuance of the permits. Procedure for reviewing/approving clearing permits has been reviexclude the address requirement, which has been the primary cause of delay. 11.Adopt one consistent suite of building codes. Currently, a mixture of the International and Uniform Building Codes are utilized for different trade specialties. From the customers perspective only one suite of codes should be adopted and utilized. E.Code Enforcement Findings Some customers report difficulty in ascertaining the status of service requests. Inefficient internal processes affect the timeliness of data being available and add a redundant burden to the Inspection Services Technicians. From a broader perspective, there are differing opinions as to the 14 Planning Department Review preferred focus of code enforcement efforts an even distribution, or a focus on hot spots or repeat offenders. Recommendations 1.Implement a method to allow the inspection notes/results to be transferred electronically to NaviLine. Currently the notes are taken in the iPad, printed, and then input into NaviLine by the Inspection Services Technicians. 2.Develop the GIS so that the status of code enforcement cases can graphically and accessed directly by the public. This will aid citizens in being able to quickly ascertain the status of a complaint they called in or to in their neighborhood. Additionally, the graphical representati identifying recurring problem trends as an aid to targeted enforcement. 3.Conduct quarterly forums with citizens and homeowners groups. These forums can be utilized to identify hot spots in the community that may need special a code enforcement and provide a system for follow up. F.Inspections Findings There are opportunities to improve the customers experiences as consistency. Many customer suggestions centered on interactivity improvements such topics as the ability to submit permit applications, request inspections, or view inspection results on-line. Customers also requested improvements to consistency in the inte inspectors. Internally, there are several paper-based tracking processes that are redundant to electronic processes. Recommendations 1.Assign inspectors by project rather than geographically. This system will allow the customer to have a consistent representative throughout the construction process; other inspectors are still available to cover vacations or for consultation when needed. 2.Provide an opportunity for the assigned inspector to be involved plan review before final approval. This system will reduce the occurrence of the field inspectors enforcing codes differently than the plan reviewer. 15 Planning Department Review 3.Allow trade permits to be finalized as the work is completed pri certificate of occupancy. Several customers commented that the current process does not allow them to receive trade finals until the final certificate of occupancy for the building is approved. This practice causes delays in subcontrac out their contracts and receive final payment. 4.The inspectors should use their iPads to document field inspecti for direct transfer to the NaviLine system. The current process requires the inspectors to hand-write notes and inspection results in the field. The results ar the Inspection Services Technicians into the NaviLine system. Tchange, a method to electronically link the iPad with NaviLine needs to change would free up office staff time and allow inspection resu more quickly, while not adding additional work for the inspector 5.Implement an on-line inspection request system that could interface directly wit NaviLine to save considerable staff time. The process of pulling inspection requests from the answering machine, transcribing the information onto w entering data into NaviLine is time-consuming. The current process of attaching the white ticket to the inspection folder and then re-stapling it into the ticket book is redundant and should be eliminated as all of the needed information should be transferred to the NaviLine file. 6.Interface the NaviLine system with the website so that inspectio viewed on-line by the contractor or owner. G.Miscellaneous Findings During the course of the review, the consulting team noted sever, which are addressed in the following recommendations. Recommendations 1.Re-evaluate the need for extended office hours; shift technicians t-5 shift with a rotation for one technician to arrive early to pull requests. Evaluation and customer polling indicates extended hours are des 2.Executed utility reimbursement agreements should be added as an attachment to the relevant water and/or sewer line database file in GIS. This will facilitate tracking, help 16 Planning Department Review to ensure proper payments are required of new development, and i cost has been reimbursed to the initial developer. 3.Establish streamlined street and alley abandonment procedures available under state law; establish a prioritized schedule for systematically abandoning unused rights-of- way, rather than inefficiently responding to ad hoc requests. 4.The duties formerly assigned to eliminated Planning Division personnel shou assigned to specific employees to ensure clear lines of accountability. With the recent reduction of Planning Division personnel, duties of prior employ between the planner and the office coordinator, but specific res varies on case by case basis. Staff responsibility for duties has been discussed and reassignment has occurred. 5.Zoning notification letters and mailing labels should be generat notification list by a mail merge function rather than manually. Mail merge will be used on future zoning notifications as well as other notifications. 6.The NaviLine system should be programmed to automatically print tap work orders to avoid the delays and manual steps inherent in Currently, when a work order request for a new water or sewer tap is generated by an Inspections Services Technician, the utility superintendent does not receive an automatic notification. The superintendent has to periodically if there are new work order requests. Additionally, the superintendent has to perform several administrative steps in order for NaviLine to print the 7.The Survey Party Chief job description should be updated. The job description does not match the current duties of the position. Job Description is being rewritten, but is pending reauthorization from budget 8.GIS Division: i.The non-GIS tasks assigned to the GIS Manager should be shifted to other staff members so that the GIS manager can appropriately focus on devel the GIS and management of GIS-related personnel. If the efficiency and automation recommendations related to the Inspections Services Technicians are implemented, those individuals should be freed up to assist wi productive work. 17 Planning Department Review ii.Provide additional GIS and Laserfiche licenses and training to relevant Inspections Division staff members to allow staff to obtain information more directly without having to involve the GIS Manager. iii.Properly fund and execute the GIS development program to facilitate data availability for customers. A more functional GIS will improve the publics ability to get the information they need to prepare better plan submittals, and up staff time currently occupied with manually obtaining that da customers. Organizational Culture Recommendations This engagement has identified many process issues within the Planning Department. It is believed that making the changes that have been identified in the first p immediate results. It is also believed that to ensure a more commeaningful change in the organization, more than just process should be addressed. In the research many gaps Departments organizational culture were identified. These findings and recommendations are addressed below. It is also believed there is a need to better ature of the Planning Department with the philosophy of the City Council. Wor the Council can place the City on a better tract toward the same these organizational and process changes, but the success of the City. H.Mission & Goals Findings There is an opportunity to enhance the department employees understanding and buy-in for the mission and goals of the City and Council and management for the improved processes and procedures will not have full effect unless the organizational department is addressed and aligned with the Citys overall goal Recommendations 1.Discern a consensus between City Council and management regardin customer service philosophy for the Planning Department. i.The City Council and staff should work together to discuss and d economic development philosophy of the City. The result of this should provide staff with better guidance on what development projects are/are not acceptable in the community. This gives better guida when approached for zoning changes and other development conside ii.The City Manager, Planning Director, and City Council should dis establish an understanding regarding the degree to which City Co 18 Planning Department Review staff to interpret codes in favor of customer perspectives and e projects. This discussion should give definition to providing common sense answers to customers without being too technical, or too liberal interpretations. The result of this discussion should encourage better judgment calls with the security to know they will be supported by the City Council. iii.City Council should establish for themselves guidelines for appr responses to citizen complaints/concerns. iv.The City Manager and City Council should discuss and agree upon appropriate channel and method for communicating complaints/concerns including whether or not City Council should coordinate through Manager or directly with department employees. These protocols s the feeling by staff they are in a constant state of defense, avding the gotcha syndrome some feel is present. v.The City Manager, Planning Director and City Council should disc to an understanding regarding the preparation, presentation and amendments to the various codes and ordinances (staff has been told by previous councils it is not their job to bring proposed amendmen assist the staff in knowing when and how to present needed amend meet changes in state law, changes in process and changes in loc to enhance customer service. vi.Staff should develop meaningful communication opportunities rega successes and challenges within the department to enhance City C that staff is timely and sensibly responding to City Council and inquiries. 2.Develop an updated mission statement, guiding principals, and goe Planning Department and each Division. 3.Encourage a departmental culture of problem solving, assisting a solutions and overcoming impediments, rather than focusing on minor technicalities. Increase the staffs understanding of the customers schedule an time is money is a true adage. Inculcate an attitude of colla customers, instead of power and control, to overcome the god syndrome reported by some customers. i.Conduct periodic all-employee meetings to reinforce departmental philosophies-mission, guiding principals and goals. ii.Conduct periodic employee organizational development exercises t existing internal trust and communication barriers. 19 Planning Department Review iii.Use a more structured new employee orientation and training/ment system to ensure new employees adopt and express the desired cus service philosophies. 4.Establish and enforce a culture of mutual respect between the City Council, Planning Commission, staff, and customers. i.Conduct facilitated sessions between the City Council to determine the Councils collective leadership philosophy regarding economic development City. ii.Conduct facilitated sessions between the City Council, Planning & Zoning Commission and staff to deliver that philosophy as well as align Commission and staff need to take within their respective authorities. iii.Meet periodically with customers to ensure that philosophy is both conveyed and is in line with community needs. iv.Conduct regular follow up sessions with Council, Commission and long-term alignment. 5.Establish an understanding that staff will be supported by City management when making judgment calls consistent with the agreed upon common sense parameters. As stated earlier, frank discussions between City Council and st should allow for the development of common understandings of how can be in interpreting code issues, and better define common sense answers to issu that do not overstep authority of the staff or provide the basis decision making. 6.Establish Planning Commission bylaws and rules of procedure incl i.Conflict of interest, participation, abstentions, and voting. ii.Differentiate member roles for zoning, site plan, platting, and functions of the Commission. iii.Define and enforce appropriate protocol and decorum expectations iv.Ensure Commission members are availed of training and education opportunities. v.Establishing a schedule and process for periodic review of codes directly related to the work of the Planning Commission. I.Departmental Cohesiveness Findings 20 Planning Department Review There is an internal tension between the divisions of the department that may cause communication errors and process difficulties. A lack of cohesi not functioning as efficiently as possible and customers experie Recommendations 1.Change the name of the department to Planning and Development Development Services, or similar to better reflect the overall responsibilities of the department. A divide between the Inspections and Planning/Engineering Divisions has been identified. One possib the name of the department does not represent all aspects of the a Planning Division, which has only one member, within the Planning Department. There is an Engineering Division that is not identified at all w name of the department implies that planning is its primary func diminish the perceived importance of the other divisions within the department. A different name for the department would be more inclusive of all functions and could serve as a first step in reducing internal t 2.Establish one staff member, with a department-wide focus, responsible for shepherding applications through all phases from inception to fi This person should be charged with communicating all steps and prereq particular project at the pre-development meeting. This person should be empowered with the authority to make judgments (common sense decisions), to reconcile conflicting inter-division requirements and to facilitate timely and successful co projects. Currently, applicants with complex projects must interact serially with the various divisions and multiple contact persons. This system allows staff concerned with their individual processes/permits rather than on-wide focus of achieving an overall successful and timely project for the applicant, further dividing the department. From the applicants perspective, ther- based focus as opposed to an external project-completion focus. 3.Establish clear lines of responsibility/accountability for the various permitting processes. Define an approver and reviewer(s) for each major process. and enforce accountability for each employees role. Enforcing reduce the need for other employees to fill gaps. When employeoids created by others, resentment between employees is generated; pr customers experience conflicting guidance, confusion, and frustr 21 Planning Department Review Approvers and reviewers have been defined for each major process Accountability for those roles will be enforced. 4.Develop a review and comment system that will resolve all issues with the customer. Recognize that individuals involved with inspections, code enforcement, and engineering generally tend to be more left-brained and logically- oriented, and individuals involved with planning-related fields generally tend to be more right-brained and creative-oriented. When employees interact with other members of the department, recognizing these different perspectives will facilitate communication and problem-solving. Resolving differences in perspective internally before presenting the departments official interpretations to t expedite the process and enhance the quality of service to the customer. White paper description of process reorganization addresses that resolved amongst staff prior to interaction with customers. This ensure consistent messages to the applicants. J.Trust Findings There is a lack of trust between some members of the department resulting in staff member overcompensating for the deficiencies they perceive. This situaevident to customers, creating confusion and uncertainty as to the correct staff direcfollow. Processes are not as efficient as they could be due to the gaps and overlaps caused b-hoc modifications made in response to these patterns. Recommendations 1.Establish a culture of greater trust and open communication amon of the department. i.One outward sign of a lack of trust within the department are th one division needing a sign-off from another division before a process can proceed. These situations appear to be based more on self-protection than on actual documented procedural requirements. ii.Organizational development exercises to identify gaps in trust w action on closing those gaps should have the effect of extending to the customers. 2.Establish a culture of greater trust and open communication betw City Council. Earlier recommendations spoke to City Council and staff working 22 Planning Department Review to determine their working relationship for customer complaints, overall economic development philosophy. Resolution of these issu discussion and clear directives also allows for open communicati trust between the groups. 3.Revise the monthly and quarterly report format to emphasize communication of successes, problems, and obstacles in lieu of purely statistical The statistical portions of the reports should be augmented to provide more cont month versus same month previous year; or year-to-date versus same date previous year. This format provides more meaningful benchmark type inform management and City Council and helps measure progress and/or pr on gaps that need to be closed. K.Code Recommendations Findings The zoning code and development ordinance were reviewed in light of opportunieinforce improvements recommended under the themes identified during the This review was focused on items that may be an impediment to efficieplications and the ease of use from the customers perspective. This review waintended to be the exhaustive review that should be conducted to ensure the codes are consiste update of the comprehensive plan. Recommendations 1.Zoning Code Recommendations: i.106-62. Planning & Zoning Commission Membership and Structure The current Commission size and appointment method is atypical. of members by district may promulgate any district tensions that the Council level and may be an impediment to a city-wide planning perspective. The Commission should be a more typical seven memb only condition that they are qualified voters of the City and appointments made by a majority vote of the entire City Council. The Commission should select its own chairperson and other officers. The City Council should con advertising vacancies on the Board as broadly as possible, requi application form, and conducting interviews of applicants before appointment. ii.106-64 (10) Bylaws and Rules of Procedure This section permits the Commission to establish bylaws and rule The staff should prepare drafts of such documents for review and by the Commission. 23 Planning Department Review iii.106-65 Review of Chapter This section requires an annual review by the Commission of the development ordinances. The staff should establish an annual sc lead the effort to present proposed revisions to the Commission. iv.106-87 Board of Adjustment Rules If not already in place, the staff should prepare rules of proce and consideration by the Board. v.106-333 Table B, Residential Area Requirements, footnote 12 It is unclear to which building setback (front, rear, side) anuse type this opaque screening requirement applies. vi.106-333 Table B, Residential Area Requirements, footnote 14 This footnote requires an additional 25-foot buffer between multi-family and single-family developments. It is unclear if this buffer is intended to be landscaping only or if parking, for example, is allowed within t vii.106-334 Special Use Performance Standards; Residential Generally: There are a variety of special conditions in this se back to other underlying zoning districts. These conditions should be cross- referenced back to the underlying districts, so that the reader these requirements. viii.106-334 Special Use Performance Standards; Residential; Subsection (a) Subsection (a) of this section requires landscape buffers, but it is unclear as to when or where this buffer requirement applies. ix.106-441 Table A, Commercial Uses This table uses SIC codes to delineate uses. Staff should devel an alternate table using NICS codes for consideration. x.106-444 Special Use Performance Standards; Commercial; Subsection (a.1) Subsection (a.1) of this section requires planting strips, but it is unclear as to when or where this requirement applies. xi.106-444 Special Use Performance Standards; Commercial; Subsection (a This subsection requires certain parking lots to be screened; if is intended to apply to the front of such parking lots, the requ-foot height is excessive. This subsection also requires manufactured and subdivisions to be screened from abutting uses, but it is unclear if the screening requirement is the responsibility of the commercial ow manufactured housing/subdivision owner. Additionally, for large lots that are only partially developed, this screening requirement should only apply if the site is developed in proximity to the abutting use. xii.106-441 Table A, Industrial Uses This table uses SIC codes to delineate uses. Staff should devel table using NICS codes for consideration. xiii.106-637 Procedures for establishing a PUD; Subsection (c) 24 Planning Department Review The individual items on the list of 12 submittal requirements should if the specific item is not applicable to the scope or context o xiv.106-637 Procedures for establishing a PUD; Subsection (h) The code should be modified to allow certain development authori issued prior to final approval of the PUD and all related genera This will facilitate construction phasing on large or complex pr Examples of early permits that should be allowed include clearing and gra and utilities, provided that the corresponding subset of the pla approved prior to commencement of construction. xv.106-659 PUD Special Regulations and Procedures; Subsection (b.3) The requirement that a sufficient amount of useable open space is provided is ambiguous and should be quantified. Developers generally prefer regulation so they do not have to guess and negotiate the requir xvi.106-678 PUD Building Height The maximum building height limitation should be removed to prov additional flexibility. Surrounding residential properties are the setback requirements of Section 106-696(c.2). xvii.Article V: Supplementary District Regulations Generally: There are a variety of special conditions in this Article that relate back to various underlying zoning districts. These conditions should be cross- referenced back to the underlying districts, so that the reader f these requirements. xviii.106-801 Tree Preservation Various terms should be defined, such as native tree, protect replacement tree. Subsection (b) prohibits the destruction of greater than six-inch diameter; however, Section 106-802 allows removal of a protected tree as part of a building permit if the tree is repla replacement trees. There is a conflict in this language as it appears all tree removal is prohibited, but also allowed under certain conditions xix.106-835 Design Standards This section including all related figures should be consolidate Improvements Criteria Manual or a new Private Improvements Crite as applicable. These moves will consolidate technical criteria, updating as warranted by new conditions or technology, and give the greater flexibility in granting common sense exceptions when n expedite a project. 2.Development Ordinance recommendations: i.General Comments: 25 Planning Department Review 1.The Development Ordinance should be codified to eliminate the need for customers and staff to cross-reference multiple ordinance revisions to determine the full code requirements. 2.Submittal copies: References to submittal or distribution of a specific number of copies of various documents (general plans, plats, etc.) should be removed from the ordinance and established by separate policy so that staff can readily update the requirements based o latest needs. 3.Submittal dates: References to specific submittal deadlines should be removed from the ordinance and established by separate policy so staff can readily update the requirements based on the latest ne Additionally, as previously discussed, submittal and re-submittal deadlines and review time goals should be established and published by staff. References to statutory Planning Commission action deadlines should remain in the ordinance. 4.Appendices: Staff should have the authority to update the appen (technical specifications and procedures) as new conditions warrant. This can be accomplished by adding a section to the ordinance authorizing staff to update the appendices or by removing the appendices from the ordinance and placing them in the criteria m Regardless of which method is chosen, any staff changes to the appendices should only be effective after an appropriate notice waiting period, say 30 days, after posting the proposed change o website. 5.Update the references to Director of Community Development, wh is an outdated title. Use City Manager or designee to make the reference more generic and flexible. 6.Do not put building setback lines on plats inside the city limits; rely on zoning ordinance to establish setbacks to avoid potential confli ii.4.00 Sketch Plans The submittal of sketch plans is optional so it should be removed from the code. Additionally, the intent of the sketch plan review process will more fully if the pre-development meeting recommendations are implemented. iii.4.01 (D) Official General Plan The code states that an approved general plan expires after one year i has not been filed and upon written notice to the subdivider. T creates a gray area if the city fails to send the written notice should simply expire after one year without notice. Further, this section allows the subdivider to request a one-year extension, but does not stipulate if the extension is automatically approved or if the Commission needs t approve the request. 26 Planning Department Review iv.4.03 (C) Preliminary Plats: Effect of Approving Authority Action The code states that an approved preliminary plat expires after one year if a final plat has not been filed and upon written notice to the subdivide potentially creates a gray area if the city fails to send the written notice. The preliminary plat should simply expire after one year without notice. Further, this section allows the subdivider to request a one-year extension, but does not stipulate if the extension is automatically approved or if the C to act to approve the request. v.4.04 (D) Final Plats: Recordation and Construction of Public Improvements The code states that an approved final plat expires after one year if a construction of the public improvements has not commenced and upon written notice to the subdivider. This potentially creates a gray area if the city fails to send the written notice. The final plat approval should simply expire after one year without notice. Further, this section allows the subdivide one-year extension, but does not stipulate if the extension is automatically approved or if the Commission needs to act to approve the reques Additionally, an alternative should be provided to allow the subdivider to submit a performance bond for completion of the public improvements if o record the plat before the public improvements are completed. vi.5.01 General Street Standards Table 5-2 (Street Geometric Design Standards) should be moved to the Pub Improvement Criteria Manual. vii.5.01 (J) Alleys The City should consider the practice of continuing to allow new alleys to be platted. Based on the prior complications and cost of maintaini provision of alleys, at a minimum, should be at the discretion o than the developer. viii.5.04 Building Lines The building line requirements in this section should be consolidated into the Zoning Ordinance to avoid conflicts and the need to cross-reference multiple locations to find the same information. Setbacks applicable to the ETJ should be specifically specified. ix.10.00 Fees and Charges The fee schedule should be pulled from this ordinance and combin city fees in a consolidated fee ordinance that can be readily re annual basis or as needed. x.12.00 Open Space and Park Dedication State laws regarding park dedication requirements have been updated subsequent to 1985 when the Development Ordinance was adopted. section should be reviewed for conformance with current law. Ad 27 Planning Department Review fee in lieu of dedication should be removed from this section ancombined with other fees for easier updating as needed. 3.Other Code Recommendations: i.Industrial District water and sewer agreements are calculated ba of employees Need an alternate method because the number of employees is often not known at the time the agreements are prepared, particularly in the case of companies starting new operations within the City. ii.Comprehensive Plan sidewalk requirements: Develop a specific list of streets to which the sidewalk requirements apply and corresponding sidewalk criteria; place these requirements in the Development Ordinance. iii.Resolve questions about whether or not fill dirt permits should projects involving fewer than five loads. iv.Establishing minimum finished floor elevations for infill development in the floodplain could be accomplished with a pier and beam requirement rather than by utilizing dirt fill to minimize the perception of run-off impacts on neighboring properties. v.Several focus group members suggested the removal of the requirent for gates on dumpster enclosures as being impractical ineffective. vi.Staff has compiled a list of proposed ordinance updates based on experiences. This list should be presented to the Commission fo recommendation to City Council. III. Conclusion The consulting team believes implementation of these recommendat goals of improving the customer service responsiveness, efficieneffectiveness. We appreciate this opportunity to be of service to the City and we are available for questions or additional engagements to assist with the implementation phase. 28 Planning Department Review Council Agenda Item June 24,2013 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager July 4, 2013, Thursday, Holiday La Porte Development Corporation Board Meeting, Monday, July 8, 2013 City Council Meeting, Monday, July 8, 2013 City Council Meeting, Monday, July 22, 2013 La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 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–Councilmember Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin 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. Texas Government Code, Section 551.071(2) –Consultationwith city attorney regarding legal issues related to property exchange with LPISD. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item June 24, 2013 13.ADJOURN ***********************************************************************************