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HomeMy WebLinkAbout11-11-13 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 November 11, 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 givenbyDon Hill,La Porte Inter Church Council. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiancewill be led by CouncilmemberDottie Kaminski. 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition – La Porte Police Department – Texas Police Chiefs Association Best Practices Recognition – Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutesper person.) 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular council meeting held October 28, 2013 – P. Fogarty (b) Consider approval or other action regarding a Resolution appointing one representative and one alternate to the H-GAC 2014 General Assembly and Board of Directors – P. Fogarty (c) Consider approval or other action regarding a Resolution casting a ballot vote for the election of Ed Heathcott to the Harris County Appraisal District Board of Directors and authorizing the Mayor to sign the Certificate of Ballot – P. Fogarty (d) Consider approval or other action regarding the Fiscal Year 2013 Audit/Asset Forfeiture Reportand associated financial records – K. Adcox (e) Consider approval or other action regarding an Ordinance vacating, abandoning, and th closing a portion of the West “E” Street right-of-way and the South 14right-of-way; approve easements for existing public facilities within the subject rights-of-way, and authorize the execution and delivery of a deed to the adjoining landowners – T. Tietjens (f) Consider approval or other action regarding an agreement with Sungard Public Sector for Naviline and OneSolution systems – J. Suggs 7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or action regarding a Resolution of the City of La Porte, Texas, opposing the Centennial Gate Concept in its current form being proposed by the Rice University, SSPEED Center (Severe Storm Prediction, Education and Evacuation From Disasters), and providing for the delivery of such resolution to the SSPEED Center as well as Regional Economic Development Agencies and State Legislators that represent La Porte – T. Tietjens 8. REPORTS (a) Receive report of La Porte Development Corporation Board – Councilmember Engelken (b) Receive demonstration of proposed tourism website for the Cityof La Porte – T. Leach 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager Zoning Board of Adjustment Meeting, Tuesday, November 12, 2013 Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013 City Council Meeting, Monday, December 9, 2013 La Porte Development Corporation Board Meeting, Monday December 9, 2013 Christmas Holidays,Tuesday,December 24, 2013 and Wednesday, December 25, 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– CouncilmembersKaminski, Zemanek,Leonard, Engelken, Mosteit, Clausen, Martin, Moser 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. 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 November 11, 2013,agenda of items to be considered by the City Council was posted on the City Hall bulletin board on November 5, 2013. Council Agenda Item November 11, 2013 1.CALL TO ORDER 2.INVOCATION – The invocation will be given by Don Hill, La Porte Inter Church Council. 3.PLEDGE OF ALLEGIANCE – The Pledge of Allegiance will be led by Councilmember Dottie Kaminski. 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition – La Porte Police Department – Texas Police Chiefs Association Best Practices Recognition – Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) ************************************************************************ Council Agenda Item November 11, 2013 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 the regular council meeting held October 28, 2013 – P. Fogarty (b) Consider approval or other action regarding a Resolution appointing one representative and one alternate to the H-GAC 2014 General Assembly and Board of Directors –P. Fogarty (c) Consider approval or other action regarding a Resolution casting a ballot vote for the election of Ed Heathcott to the Harris County Appraisal District Board of Directors andauthorizing the Mayor to sign the Certificate of Ballot – P. Fogarty (d) Consider approval or other action regarding the Fiscal Year 2013 Audit/Asset Forfeiture Reportand associated financial records – K. Adcox (e) Consider approval or other action regarding an Ordinance vacating, abandoning, th and closing a portion of the West “E” Street right-of-way and the South 14 right-of-way; approve easements for existing public facilities within the subject rights-of-way, and authorize the execution and delivery of a deed to the adjoining landowners – T. Tietjens (f) Consider approval or other action regarding an agreement with Sungard Public Sector for Naviline and OneSolution systems – J. Suggs *********************************************************************************** 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 Large B 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 OCTOBER28, 2013 Monday,October28, 2013, The City Council of the City of La Portemet in a regularmeetingonat the 6:02 p.m City 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 6:02 p.m. Members of Council present: CouncilmembersEngelken, Leonard, Zemanek, Kaminski, Clausen, Martin, and Moser. Absent: Councilmember Mosteit. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, andAssistant City Attorney ClarkAskins.Councilmember Clausen arrived at 6:03 p.m. 2.INVOCATION -The invocation was given byAssistant City Attorney, Clark Askins. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led byCouncilmember Tommy Moser. 4PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS . (a) Recognition – “Employees of the (Third) Quarter” – Chris Muska, Chris Gaitan and Jeff Ellison (Parks and Recreation) – Mayor Rigby Mayor Rigby recognized Chris Muska, Chris Gaitan and Jeff Ellison as “Employees of the Third Quarter.”StephenBarr and Scott Bradley offered words of praise. (b) Recognitions – Retirement of Nicola Wells (Human Resources) – Mayor Rigby Mayor Rigby recognized the retirement of Nicola Wells.Allison Curry offered words of praise. 5.PUBLIC COMMENTS (Limited to five minutesper person.) Ken Schick,4105 Crawford Rd., Spicewood TX,spoke in favor ofItem 7,the proposed zoning changelocated northwest of Sens Road and Spencer Highway from commercial to low-density residential. President of Spencer Landing Homeowners’ Association Rick Helton,345 Joshway, spoke in opposition to Item 7 and requested Council tablethe item until more accurate information becomes available. Robert Guerra, 342 Joshway, spoke in opposition to Item 7 and requested Council tablethe item until more accurate information becomes available. 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 the regular council meeting held October 14, 2013 – P. Fogarty 18 Page of October 28, 2013, Council Meeting Minutes (b) Consider approval or other action to authorize two real estate appraisals related to the La Porte Airport – C. Alexander (c) Consider approval or other action regarding an amendment to the bus service agreement between Harris County and the City of La Porte for local bus service for the period beginning November 1, 2013, and ending October 31, 2014 – T. Leach (d) Consider approval or other action appointing Jeffrey Plemons and Leo Trim to the La Porte Police Reserve Force – K. Adcox (e) Consider approval or other action authorizing the City Manager to execute an agreement for participation in the Regional DWI Task Force and a budget amendment to increase the grant account from $6,000.00 to $12,131.00 – K. Adcox (f) Consider approval or other action for the purchase of 12 Haenie scales from sole source vendor LoadOMeter – K. Adcox (g) Consider approval or other action authorizing the City Manager to execute an annual contract for rehabilitation of sanitary sewer using sliplining, pipe bursting – D. Mick (Postponed at the October 14, 2013, meeting until October 28, 2013, meeting.) (h) Consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and Patriot Court Systems, Inc., under its Texas Buy Board contract, to provide and install a basketball court and related equipment for Fairmont Park – S. Barr (i) Consider approval or other action adopting an Ordinance amending Fiscal Year 2013-2014 Budget – M. Dolby (j) Consider approval or other action regarding a Resolution amending the City of La Porte’s Investment Policy – M. Dolby City Manager Corby Alexander recommended Item F be removed from the Consent Agendaand brought back atthe December meetingin order for staff to obtain additional information. Regarding Item C, Councilmember Martin questioned if staff canprovide ridership numbers. Assistant City Manager Traci Leach advised the latest numbers are from August 2013, but she can obtain updated numbers and providethemto Council. Councilmember Martin questioned why the City’s share of the bus service agreement was $3,000.00 less than last year. Ms. Leach responded it is due to fewer rides for paratransit services. Regarding Item H, Councilmember Martin questioned why the half court has to be removed and who is responsible for the removal. Parks and Recreation Director Stephen Barr responded the half court will be removed in-house, and itis the potential site for the spraypark. CouncilmemberLeonardmoved to approve the Consent AgendaItems A-E and G-J pursuant to MOTION PASSED. staff recommendations. Councilmember Engelkenseconded. Ayes: Mayor Rigby, Councilmembers Clausen,Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:Councilmember Mosteit Ordinance 2013-3500 Prior to Council vote, AssistantCity Attorney Clark Askins read the caption of : AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF 28 Page of October 28, 2013, Council Meeting Minutes SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a)Public Hearing to receive comments regarding recommendation by the Tax Increment Reinvestment Zone No. 1 Board of Directors to accept and adopt amendments to TIRZ No.1 Project Plan and Reinvestment Zone Financing Plan in connection with proposed enlargement of TIRZ No. 1 boundaries – S. Livingston The public hearing was opened at 6:20p.m. Economic Development Coordinator Scott Livingston presented a summary. Jeff Anderson, Beazer Homes, addressed Council and advised the proposed homes are 2200-2300 square feet onaverage and are valued from $196,000.00-$200,000. Councilmember Zemanek commented he has concerns with the proposed information and feels people are being misled with the information given. Councilmember Martin commented Beazer is a good builder with aniceproduct. Paul Groman provided information regarding projects in various cities with Beazer Homes and the good quality of the homes being built.Mr. Groman also added if the home cost of $175,000.00 is not achieved, it is a tremendous financialloss due to not being able to obtain the TIRZ incentives. It is to their advantage to ensure homes are sold at $175,000 and above. Councilmember Zemanek read the agenda request and commented his concern was a proposed subdivision with 73homes starting at $175,000.00.Mr. Groman responded with 14neighborhoods complete and 7 morein process, the numbers are achievable, plus a good margin. Ken Schick,4105 Crawford Rd., Spicewood TX, addressed Council as the landowner of the 32 acres and requested the entire piece of property be approved into the TIRZ. Robert Guerra, 342 Joshway, addressed Council and requested the item be tabled until it can be researched. David Janda, 412 Spencer Landing East, addressed Council also in favor of postponing the item. Economic Development Coordinator Scott Livingston advised the Tax Increment Reinvestment Zone No. 1 Board of Directors recommended enlarging the boundaries of TIRZ No. 1, City of La Porte, Texas. The public hearing was closed at 6:42p.m. (b) Consider approval or other action regarding an Ordinance enlarging the boundaries of TIRZ No. 1, City of La Porte, Texas – S. Livingston CouncilmemberZemanekmoved to tableItems 7b, c, e, and guntil the December 9, 2013, Council MOTION PASSED. meeting.Councilmember Moserseconded. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek, Leonard and Moser Nays: Councilmembers Clausen and Martin Absent:Councilmember Mosteit 38 Page of October 28, 2013, Council Meeting Minutes (c) Consider approval or other action regarding an Ordinance accepting and adopting the amended TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan – S. Livingston Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (d)Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an update to the Future Land Use Plancomponent of the Comprehensive Plan of the City of La Porte to change future land use classification for tract located northwest of Sens Road and Spencer Highway from commercial to low-density residential – T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (e) Consider approval or other action regarding an Ordinance adopting an update to the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte to change future land use classification for tract located northwest of Sens Road and Spencer Highway, from commercial to low-density residential – T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (f)Public Hearing to receive comments regarding recommendation bythe Planning and Zoning Commission to approve Rezone Request # 13-92000002, for the rezoning of a 17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway, from General Commercial (GC) to Low Density Residential (R-1) – T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. (g) Consider approval other action regarding an Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning classification of a 17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway from General Commercial (GC) to Low Density Residential (R-1) – T. Tietjens Item tabled until the December 9, 2013, meeting. See minutes for Item 7b. 8.AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or other action awarding bid # 13023 to Aztec Remodeling and Landscape in the amount of $195,082.00 and adding an additional $25,000.00 for contingency for a total project budget of $220,082.00 for new Fire Station No. 1 –D. Ladd/R. McPhail(Postponed at the October 14, 2013, meeting until October 28, 2013, meeting.) Assistant Fire Chief Donald Ladd presented a summary. Councilmember Moser questioned if the lighting for the parking lot has been resolved. Assistant Fire Chief Donald Ladd respondedthe lighting was in the pricing of the bid.Mr. Ladd and staff will look at additional lighting to match the Fire Station better which will tie into that on San Jacinto. Mr. Ladd also added there is decorative lightning that matchesthe Fire Station, and no cheap box lightingwill be used.Councilmember Moser asked if it will address the concern of the neighbors on the south side of the Fire Station. Mr. Ladd responded the lightning concernis being looked at bystaff, and bids have been received; but it is not a part of this project. Mr. Ladd also added money is set aside for the project, andstaff is working to make sure the lights will tie in with the low voltage in order for all of the lights to come on at the same time. CouncilmemberMosermoved to approve the awardbid #13023 aspresented by staff. MOTION PASSED. Councilmember Kaminskiseconded. 48 Page of October 28, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:Councilmember Mosteit (b) Consider approval or other action authorizing the Fire Department to place an order for the third fire truck in the 5-truck series agreement, with an additional 1.5% for additionalsafety equipment– D. Ladd Assistant Fire Chief Donald Ladd presented a summary. CouncilmemberEngelkenmoved to authorize the Fire Department to place an order for the third fire truck in the 5-truck series agreement, with an additional 1.5% for additional safety equipmentas MOTION PASSED. presented by staff. Councilmember Kaminskiseconded. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays: None Absent:Councilmember Mosteit 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Quarterly Report on Planning Audit – T. Tietjens Planning Director Tim Tietjens presented a summary. City Manager Corby Alexander advised Council the Quarterly Report on the Planning Audit is to let Council knowwhere staff is on implementing recommendations that were generated during the audit. Councilmember Zemanek commented hedoesn’trecall discussing a mission statement. Planning Director Tim Tietjens advised the department updated its mission statement, guiding principles and primary objectives. Councilmember Moser askedwhythe change of the department name. Mr. Tietjens responded Planning and Development more accurately reflectsthe services provided. (b) Discussion or other action regarding adoption of a City Council policy regulating publication of Councilmember(s)-specific newsletters – Mayor Rigby Mayor Rigby presented a summaryand advised if the practice of distributing individual Council newsletters continues, a policy should be considered inregards to publishing close to election dates and the proper use of taxpayers’ dollars. Councilmember Engelken commented when he sent out a newsletter four years ago, it was sent to address a specific need; and if a policy is adopted, it should specify that if a certain need arises, it can be addressed after being brought to Council for approval. Councilmember Leonard commented he is not in favor of limitinga quarterly report to two districts and would rather have it open for all of Council due to somedistricts may have very limited news available. Councilmember Leonard then questioned if news becomesavailable in between quarterly newsletters, can another newsletter be issued in case of an emergency? Assistant City Manager Traci Leach responded it is up to Council; and whatever they wish to do in regards to a policy, staff will comply. Councilmember Zemanek commented the newsletter can be generic for the entire city and not Council specific with pictures but maybe a picture of the entire Council. 58 Page of October 28, 2013, Council Meeting Minutes Councilmember Engelken commented he agreed each Councilmember could have a page in the newsletter if they have news to report. Mayor Rigby and Councilmember Kaminski agreed with having a quarterly newsletter. Councilmember Leonard commented all of Council will have input for the newsletter, and names are unimportant. Council agreed on a quarterly newsletter consisting of news for the entire city, and staff will come to Council for approval of any district-specific newsletter. No policy was adopted. 10. REPORTS (a) Receive report of Fiscal Affairs Committee – Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committee which took place at a meeting held just prior to this council meeting. (b) Receive report from Perdue Brandon of Delinquent Tax accounts – K. Powell Jason Bailey with Perdue Brandon provided a report of Delinquent Tax accounts. Councilmember Leonard questioned how the Debakey property willbe settled.Mr.Bailey advised the probate will be reviewed to see if a specific Debakey own the property or if all of the heirs will be sued. Councilmember Zemanek questioned if the 52properties are the only oneswith delinquency issues, and will the other delinquent properties be resolved in the fiscal year. Mr. Bailey responded no.Councilmember Zemanek questioned what happenedto the delinquent reports dating back from 1986 to present. Mr. Bailey responded City reports indicate rolls that have already gone through the processand have been struck off but continue to appear until they have been sold. Councilmember Moser questioned if the 1225-footlots were inventory. Mr. Bailey responded no, they are not in suit or inventory of the City and have not been put intowithlitigation. Mayor Rigby asked Council if they wanted the firm to expedite the properties that are marketable. All of Council was in agreement. Councilmember Zemanek advised he would like the firm to proceed with Tax Account I.D. # 933, 871, and 137 that have marketable issues. Mr. Bailey informed the firm can only foreclose on 41.62% interest of the property of Tax Account I.D. #933because the other interest is undivided interest and is not delinquent. Mr. Bailey added the City would not be able to transfer 100% ownership in the interest and would not be able to sellor own the entire piece of property. Councilmember Zemanek advised he would still like the firm to proceed. Mayor Rigby asked Council if they all agreed to expedite the nine properties and accomplish what can be done with the 22properties, confirm with the neighbors on the single lots with notice and include the three lots Councilmember Zemanek would like to be included. All of Council agreed. (c) Receive Delinquent Tax Report – T. Leach Assistant City Manager Traci Leach provided a Delinquent Tax Reportand asked Council if they would like to continue receiving the report. Council advised they would like to continue receiving the report once a month, including the delinquent taxes that arepaid. 68 Page of October 28, 2013, Council Meeting Minutes 11.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Monday November 11, 2013 City Council Meeting, Monday, November 11, 2013 Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013 City Council Meeting, Monday, December 9, 2013 La Porte Development Corporation Board Meeting, Monday December 9, 2013 City Manager Corby Alexander congratulated the Finance Department for receiving the GFOA Popular ReportingAward, the Distinguished Budget Award and the Distinguished Financial Reporting Award.Mr. Alexander expressed his appreciation to the Finance Department. 12.COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, andupcoming events; inquiry of staff regarding specific factual information or existing policies– Councilmembers Moser, Kaminski, Zemanek,Leonard, Engelken, Mosteit, Clausen, Martin, and Mayor Rigby. Councilmember Moser congratulated Finance Director Michael Dolby and staff, the “Employees of the (Third) Quarter” Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells’ presence will be missed; Councilmembers Kaminski, Zemanek, Leonard and Engelken congratulated Finance Director Michael Dolby and staff, the “Employees of the (Third) Quarter” Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells’ presence will be missed, and commented the Gala at Sylvan Beach Pavilion was a wonderful event; Councilmember Clausen congratulated Finance Director Michael Dolby and staff, the “Employees of the (Third) Quarter” Chris Muska, Chris Gaitan and Jeff Ellison and wished Nicola Wells the best during her retirement and future endeavors, apologized for not being able to attend the Gala at Sylvan Beach Pavilion and commended the Police Department for their work during the Shelter In Place last Friday; Councilmember Martin commented he attended the ribbon cutting and the Gala atSylvan Beach Pavilion, congratulated the Groundbreaking for the Animal Shelter, congratulated Nicola Wells on her retirement, advised everyone about the Thanksgiving Day Meal that will be held at the Neighborhood Center and sent a shout out to Denny Lundyfor a job well done; and Mayor Rigby wished Nicola Wells well in her retirement and commended the individualswhoorganized the Gala at Sylvan Beach Pavilion. 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 551.071 (2) – Consultation with City Attorney:Meet with City Attorney, City Manager and Municipal Court Judge to discuss Municipal Court 2013 Assessment Report. City Council recessed the regular meeting to convene an executive session at 7:45p.m. to meet with the City Attorney, City Manager and Municipal Court Judge to discuss Municipal Court’s2013 Assessment Report 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 8:45p.m. City Councilreceived an executive summary of the Municipal Court audit and the changes implemented during the audit and received legal advice. 78 Page of October 28, 2013, Council Meeting Minutes 15. ADJOURN There being no further business, Councilmember Engelkenmoved to adjourn the meeting at MOTION PASSED 8:47p.m. Councilmember Leonard seconded. . _______________________________ Patrice Fogarty, City Secretary Passed and approved on November 11, 2013. ________________________________ Mayor Louis R. Rigby 88 Page of October 28, 2013, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested November 11,2013 Source of Funds:N/A Requested By: Patrice Fogarty Account Number:N/A Department:City Secretary Amount Budgeted:N/A Report Resolution: X Ordinance: Amount Requested: N/A Exhibit:Resolution Budgeted Item:YESNO SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested November 11, 2013 Source of Funds: Requested ByPatrice Fogarty Account Number: Department:City Secretary Amount Budgeted: Report Resolution: X Ordinance: Amount Requested: Exhibits: Harris County Appraisal District Memo Budgeted Item:YESNO Exhibits: Resolutionand Certificate of Ballot SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date CERTIFICATION OF BALLOT FOR BOARD OF DIRECTORS HARRIS COUNTY APPRAISAL DISTRICT th I, LOUIS R. RIGBY, certify that on the 11 day of November, 2013, the City Council of the City of La Porte did by resolution cast its ballot for the following nominee to serve as a member of the Board of Directors of the Harris County Appraisal District. Ed Heathcott \[ X \] I further certify that a true and correct copy of the resolution casting such ballot is attached hereto. WITNESS MY HAND this ____ day of November, 2013. _________________________________ Louis R. Rigby Mayor ATTEST: __________________________ Patrice Fogarty, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: November 11, 2013 019 (Drainage Fee) Source of Funds: 033 (Street Tax) Requested By:David Mick Account Number: Department:Public Works 019 ($60,000) Amount Budgeted:033 ($150,000) Report: ___Resolution:_____Ordinance:_________ 019 ($ 18,000) Amount Requested: 033 ($109,950) Budgeted Item:YESNO Exhibit:Cobb FendleyProfessional Services Proposal SUMMARY & RECOMMENDATION Requested Design Allocation: $127,950 (FY 13_14)** Updated Construction Budget Estimate: $1,700,000 (FY 14_15)** Benefits: Liabilities: Operating Costs: Action Required by Council: Approved for City Council Agenda Corby D. Alexander Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 11-11-13 Source of Funds: Requested By:Kenith Adcox Account Number: Department:Police Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: FY 2013 Chapter 59 Asset Forfeiture Report By Law Budgeted Item:YESNO Enforcement Agency and Related Financial Records Back Up SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2013 _______N/A__________ Source of Funds: _Tim Tietjens______ Requested By: Account Number:_______N/A_________ Department: __Planning____________ Amount Budgeted: ______N/A_________ Report: _ __Resolution: ____Ordinance: _X_ Amount Requested: _____N/A ________ Budgeted Item: YES XNO Exhibits: 1.Ordinance 2.Utility Easements (2) 3.Deedto Adjacent Owners (3) 4.Area Map SUMMARY & RECOMMENDATION ______________________________________________________________________________ Action Required of Council: Approved for City Council Agenda ______________________________________________________ Corby D. Alexander, City Manager Date ORDINANCE NO. 2013-________________ AN ORDINANCE VACATING, ABANDONING AND CLOSINGA PORTION OF THE, TH WEST “E” STREET RIGHT-OF-WAYAND THE SOUTH 14STREET RIGHT-OF- WAY, LA PORTE, HARRIS COUNTY, TEXAS; RETAININGUTILITY EASEMENTS ANDAUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record ownersof all of the property abutting the hereinafter described portion of the West “E” Street Right- th of-Wayand the South 14Street Right-of-Way,to vacate, abandon, and permanently close the hereinafter described portion th of the West “E” Street Right-of-Way and the South 14 Street Right-of-Way, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the West “E” Street Right-of- th Wayand the South 14Street Right-of-Wayisnot suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the th West “E” Street Right-of-Wayand the South 14Street Right-of- Wayis for the protection of the public and for the public interest and benefit, and that the hereinafter described portion th of the West “E” Street Right-of-Wayand the South 14 Street Right-of-Wayshould be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the West “E” Street Right-of- th Street Right-of-Way is hereby permanently Wayand the South 14 vacated, abandoned, and closed by the City of La Porte, to wit: “TRACT ONE” – WEST “E” STREET: A 15,960 square foot portion of the West “E” Street Right-of-Way (60’ wide),being generally illustrated on Exhibit “A” incorporated by reference herein, and further described by metes & bounds as follows: BEGINNINGat a point at the intersection of the east th line of the South 15Street Right-of-Way and the south line of West “E” Street Right-of-Way, said point being the northwest corner of Block 826, La Porte; THENCE in an easterly direction,along the south right-of-way line of West “E” Street,a distance of 266 feet to a point at the northeast corner of Block 826, La Porte, said point being on the west line of th the South 14 Street Right-of-Way; THENCE in a northerly direction, crossing the West “E” Street Right-of-Way, a distance of 60 feet to a point at the southeast corner of Block 795, La Porte; THENCE in a westerly direction, along the north right- of-way line of West “E” Street, adistance of 266 feet to a point at the southwest corner of Block 795, La Porte; THENCE in a southerly direction, along the projected th east right-of-way line of South 15Street, a distance of60 feet to the northwest corner of Block 826, La Porte and the POINT OF BEGINNING of the herein described Tract One. TH “TRACT TWO” – SOUTH 14 STREET: th A 24,000 square foot portion of the South 14 Street Right-of-Way (60’ wide) being generally illustrated on Exhibit “A” incorporated by reference herein, and further described by metes & bounds as follows: BEGINNINGat a point at the intersection of the west th line of the South 14Street Right-of-Way and the south line of West “D” Street Right-of-Way, said point being the northeast corner of Block 795, La Porte; THENCE in an easterly direction, along the projected south right-of-way line of West “D” Street, a distance of 60 feet to a point at the northwest corner of Block 794, La Porte, said point being onthe east line of th the South 14 Street Right-of-Way; THENCE in a southerly direction, along the east line th of the South 14Street Right-of-Way, a distance of 400 feet to a point at the southwest corner of Block 794, La Porte; THENCE in a westerly direction, along the projected north line of the West “E” Street Right-of-Way to its th intersection with the west line of the South 14 Street Right-of-Way, to a point at the southeast corner of Block 795, La Porte; THENCE in a northerly direction, along the west line th of the South 14Street Right-of-Way, a distance of 400 feet to the POINT OF BEGINNING of the herein described Tract Two. Section 2. TheCity of La Porte hereby retains for itself, its successors and assigns, the following easements to wit: “EASEMENT ONE” – 20’ WIDE PUBLIC UTILITY EASEMENT: A 5,320 square foot area out of the West “E” Street Right-of-Way (60’ wide), being generally illustrated on Exhibit “B” incorporated by reference herein, and further described by metes & bounds as follows: BEGINNING at the northwest corner of Block 826, La Porte; THENCE in an easterlydirection, along the south line of the West “E” Street Right-of-Way, a distance of 266 feet to a point at the northeast corner of Block 826, La Porte; THENCE in a northerly direction, along the west line th of the projected South 14Street Right-of-Way, a distance of 20feet to a point on the projected west th line of the South 14 Street Right-of-Way; AREA MAP 8 789 S. 14th ST. CLOSING (20' U.E. - RETAINED) T R-O-W W 'D' S 8 794 795 796 8 8 T W E S W 'E' ST R-O-W 1 5 15 15 827 826 825 W. "E" ST. CLOSING (20' U.E. - RETAINED) Legend ABANDONED R-O-W W F ST SEWER MAIN 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:November 11, 2013 Source of Funds: 001 Requested By: Jeff Suggs Account Number: 00160665194055 Department: IT Amount Budgeted:$ 246,000.00 Report: Resolution: Ordinance: Amount Requested: $ 176,058.00 (FY14) Exhibits:Sungard Agreement Exhibits: Slides from FY 14 Budget Presentation Budgeted Item:YES SUMMARY & RECOMMENDATION TOTAL PER 5-YEAR CONTRACT $1,174,579.32 Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2013 _______N/A__________ Source of Funds: _Tim Tietjens______ Requested By: Account Number:_______N/A_________ Department: __Planning____________ Amount Budgeted: ______N/A_________ Report: _ __Resolution: ____Ordinance: _X_ Amount Requested: _______________ Budgeted Item: YES XNO Exhibits: 1.Ordinance 2.Area Map SUMMARY & RECOMMENDATION ____________________________________________________________________________________________ Action Required of Council: ____________________________________________________________________________________________ Approved for City Council Agenda __________________________________________________________ Corby D. Alexander, City Manager Date AREA MAP TRACT TWO TRACT ONE PT. ALLEY BLOCK 727, LA PORTE SOUTH 18TH ST. R-O-W (16' x 48.50' = 776 SQ. FT.) (60' x 307.5-' = 18,450 SQ. FT.) MAIN ST W 727 726 W "A" ST 751 Legend Abandoned Right-of-Way REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2013 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: ___Resolution: _X_Ordinance: ___ Amount Requested: ____N/A__________ Budgeted Item: YES NO Exhibits: Resolution Description Memo SSPEED Center GraphicSlides SUMMARY& RECOMMENDATION an additional six inchesabove what would have otherwise been the surge levelof a major hurricane Action Required by Council: Approved for City Council Agenda __________________________________ _______________________ Corby Alexander,City Manager Date Council Agenda Item November 11, 2013 8. (a) Receive report ofLa Porte Development Corporation Board – Councilmember Engelken *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested November 11, 2013 Source of Funds: Requested By: Traci Leach Account Number: Department:Administration Amount Budgeted: Report X Resolution: Ordinance: Amount Requested: Exhibits: Screenshot of Proposed Website Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION Since November 1, 2013, the City has been handling tourism promotion efforts on behalf of the 12 hotel/motel properties located in La Porte. As part of this effort, several initiatives have been implemented or are underway. Staff is in the process of meeting personally with each hotelier and has been developing a marketing plan to maximize stays in La Porte and address areas of need, as identified by the hoteliers. At this time, staff will demo the proposed tourism website for the City. It links seamlessly to the City’s current site but makes it very easy for potential visitors to La Porte to find everything from lodging to restaurants to activities and events. A screen shot of the Home page for the visitor site is attached as an exhibit to provide the Council with an idea of the visual look and feel of the site. Should Council desire to move forward with this site, it can be live by November 15, 2013. Action Required by Council: None. Approved for City Council Agenda Corby D. Alexander, City Manager Date Council Agenda Item November 11, 2013 9.ADMINISTRATIVE REPORTS (a) Receive report from City Manager Zoning Board of Adjustment Meeting, Tuesday, November 12, 2013 Thanksgiving Holiday, ThursdayNovember 28, 2013 and Friday, November 29, 2013 City Council Meeting, Monday, December 9, 2013 La Porte Development Corporation Board Meeting, Monday December 9, 2013 Christmas Holidays, Tuesday, December 24, 2013 and Wednesday, December 25, 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– Councilmembers Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser 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, ofthe Texas Government Code. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item November 11, 2013 13. ADJOURN ***********************************************************************************