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HomeMy WebLinkAbout08-11 thru 8-12-14 Regular Meeting, including a Budget Workshop of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKTOMMY MOSER Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Mayor Pro-TemCouncilmember District 5Councilmember District 5 Councilmember At Large BCouncilmember At Large B MIKE CLAUSEN Councilmember District 6Councilmember District 6 DANNY EARP Councilmember District 1Councilmember District 1 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDA INCLUDING A BUDGET WORKSHOP ON CITY COUNCIL MEETING AGENDA INCLUDING A BUDGET WORKSHOP ON PROPOSED 2014PROPOSED 2014--2015 FISCAL YEAR BUDGET AND OTHER MATTERS2015 FISCAL YEAR BUDGET AND OTHER MATTERS   Notice is hereby given of a Regular Meeting, including a Budget Workshop, of the La Porte City Notice is hereby given of a Regular Meeting, including a Budget Workshop, of the La Porte City Council to be held August 11Council to be held August 11--13, 2014, beginning at 6:00 p.m. and reconvening at 6:00 p.m. each 13, 2014, beginning at 6:00 p.m. and reconvening at 6:00 p.m. each evening thereafter until business is concluded, in the Council Chambers of City Hall, 604 West evening thereafter until business is concluded, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items.  All for the purpose of considering the following agenda items.  All agenda items are subject to action.  agenda items are subject to action.  The Public Hearing for the proposed 2014The Public Hearing for the proposed 2014--2015 Fiscal Year 2015 Fiscal Year Budget will be held on September 8, 2014, at 6:00 p.m., at which time the Mayor and City Council will Budget will be held on September 8, 2014, at 6:00 p.m., at which time the Mayor and City Council will receive public input.receive public input.   1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Dr. B.L. Worhsam, Second Baptist Church of The invocation will be given by Dr. B.L. Worhsam, Second Baptist Church of La Porte.La Porte.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Daryl Leonard.The Pledge of Allegiance will be led by Councilmember Daryl Leonard.   4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) 5.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a)Consider approval or other action regarding the minutes of the regular City Council meeting Consider approval or other action regarding the minutes of the regular City Council meeting held on July 28, 2014 held on July 28, 2014 -- P. Fogarty P. Fogarty (b)Consider approval or other action regarding an Ordinance amending Chapter 70, Consider approval or other action regarding an Ordinance amending Chapter 70, 'Transportation' of the City Code of Ordinances by establishing a speed limit of 25mph for all 'Transportation' of the City Code of Ordinances by establishing a speed limit of 25mph for all streets within the Shady River Subdivision streets within the Shady River Subdivision -- K. Adcox K. Adcox 6.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION (a)Discussion or other action concerning the proposed 2014Discussion or other action concerning the proposed 2014--2015 Fiscal Year Budget of the City 2015 Fiscal Year Budget of the City of La Porte, Texas of La Porte, Texas -- C. Alexander C. Alexander 7.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies ––Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Martin and Mayor RigbyClausen, Martin and Mayor Rigby   8.ADJOURN/RECESSADJOURN/RECESS   The City Council reserves the right to meet in closed session on any agenda item should the need 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 arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 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 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the August 11I certify that a copy of the August 11--13, 2014, agenda of items to be considered by the City Council was posted on the 13, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 5, 2014.City Hall bulletin board on August 5, 2014. Council Agenda Item Council Agenda Item August 11, 2014 August 11, 2014 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Dr. B.L. Worhsam, Second Baptist Church of The invocation will be given by Dr. B.L. Worhsam, Second Baptist Church of La Porte.La Porte.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Daryl Leonard.The Pledge of Allegiance will be led by Councilmember Daryl Leonard.   4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item August 11, 2014 August 11, 2014 5.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) (a)Consider approval or other action regarding the minutes of the regular City Council meeting Consider approval or other action regarding the minutes of the regular City Council meeting held on July 28, 2014 held on July 28, 2014 -- P. Fogarty P. Fogarty (b)Consider approval or other action regarding an Ordinance amending Chapter 70, Consider approval or other action regarding an Ordinance amending Chapter 70, 'Transportation' of the City Code of Ordinances by establishing a speed limit of 25mph for all 'Transportation' of the City Code of Ordinances by establishing a speed limit of 25mph for all streets within the Shady River Subdivision streets within the Shady River Subdivision -- K. Adcox K. Adcox ****************************************************************** ****************************************************************** LOUIS RIGBY Mayor DARYL LEONARD JOHN ZEMANEK Councilmember District 3 Councilmember At Large A TOMMY MOSER DOTTIE KAMINSKI Councilmember District 4 Mayor Pro Tem JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JULY 28, 2014 Monday, July 28, 2014, The City Council of the City of La Porte met in a regular meeting on at the City Hall 6:00 p.m Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Kaminski, Clausen, Earp, Leonard, Engelken, Zemanek, Moser and Martin. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Jay Martin. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition Certificate of Appreciation La Porte Community Civic Club Mayor Rigby Mayor Rigby recognized members of the La Porte Community Civic Club for their outstanding work and dedication to the community during the Juneteenth festivities and throughout the year. Charlie Perry thanked the Police Department and the Parks and Recreation Department for their assistance and reported that the La Porte Community Civic Club has been functioning for 35 years. (b) Recognition The City of La Porte TAMI Award Recipient Mayor Rigby Mayor Rigby recognized the City of La Porte for receiving the Texas Association of Municipal Information Officers Gold TAMI award for the category Centennial Celebration of the Commissioning of the Battleship TEXAS. Jaree Hefner, Marketing and Public Relations Specialist, accepted the award. (c) Recognition Brian Sterling Mayor Rigby Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 16 Page of July 28, 2014, Council Meeting Minutes 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 city council meeting held on July 14, 2014. P. Fogarty (b) Consider approval or other action authorizing the City Manager to enter into a contract with Utility Service Company in the amount of $90,000 with a project contingency of $10,000 for a total project authorization equal to $100,000 D. Mick (c) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2013-2014 Budget M. Dolby (d) Consider approval or other action regarding a Resolution authorizing the City Manager to sign a grant award and other documents for Speed and Intersection Traffic Control STEP grant K. Adcox (e) Consider approval or other action regarding an Ordinance authorizing an agreement between nd the City of La Porte and Bayway Homes, Inc., to construct a home at 218 N. 2 Street for a cost of $114,900 T. Tietjens (f) Consider approval or other action regarding an Ordinance authorizing an agreement between nd the City of La Porte and Bayway Homes, Inc., to construct a home at 218 N. 2 Street for a cost of $104,900 T. Tietjens (g) Consider approval or other action regarding an Ordinance authorizing an agreement between nd the City of La Porte and Bayway Homes, Inc., to construct a home at 218 N. 2 Street for a cost of $109,900 T. Tietjens (h) Consider approval or other action authorizing the City Manager to execute a Memorandum of Agreement with the Shady River HOA for a Community Cooperation Project (materials for the construction of 2 picnic tables and cover for the pool equipment) for a total City contribution of $3,600 T. Leach Item 6 (c) was pulled for a separate vote. Councilmember Moser moved to approve the Consent Agenda Items a, b, d, e, f, g, and h, pursuant to MOTION PASSED. staff recommendations. Councilmember Martin seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek, Clausen, Kaminski, Earp, Moser and Martin Nays: None Absent: None Planning and Development Director Tim Tietjens provided information regarding financial assistance from Harris County on Consent Agendas Items e, f, and g. Ordinance 2014-3529: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND ND BAYWAY HOMES, INC., FOR CONSTRUCTION OF A HOME AT 218 N. 2 STREET, ALSO DESCRIBED AS 26 Page of July 28, 2014, Council Meeting Minutes LOTS 1-2 OF BLOCK 62, LA PORTE, TEXAS 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $114,900.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 2014-3530: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND RD BAYWAY HOMES, INC., FOR CONSTRUCTION OF A HOME AT 520 N. 3 STREET, ALSO DESCRIBED AS LOTS 7-8 OF BLOCK 106, LA PORTE, TEXAS 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $104,900.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 2014-3531: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND RD BAYWAY HOMES, INC., FOR CONSTRUCTION OF A HOME AT 524 N. 3 STREET, ALSO DESCRIBED AS LOTS 5-6 OF BLOCK 106, LA PORTE, TEXAS 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR THE CITY OF LA PORTE, TEXAS; APPROPRIATING $109,900.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Consent Agenda Item 6(c), Councilmember Zemanek moved to approve Items 1-5 and 8-10 MOTION PASSED. of Item 6(c), and excluding Items 6 and 7. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek, Kaminski, Earp, and Martin Nays: Councilmembers Moser and Clausen Absent: None Ordinance 2014-3528: Assistant City 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, 2013 THROUGH SEPTEMBER 30, 2014; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding a recommended date of September 8, 2014, for the Public -2015 Proposed Budget M. Dolby Finance Director Michael Dolby presented a summary, including upcoming dates for budget meetings. Councilmember Engelken moved to appr Fiscal Year 2014-2015 Proposed Budget and to hold budget workshops during the week of MOTION PASSED. August 11, 2014. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: None (b) Discussion or other action regarding the Shady River Civic Association request to reduce the speed limit within the Shady River Subdivision K. Adcox 36 Page of July 28, 2014, Council Meeting Minutes Chief of Police Ken Adcox presented a summary. Councilmember Martin moved to move forward with the request from the Shady River Civic Association request to reduce the speed limit to 25 mph within the Shady River Subdivision and to bring forth an MOTION PASSED. ordinance for approval at the next meeting. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: None (c) Discussion or other action regarding proposed budget items for the Fiscal Year 2015 Budget T. Leach Assistant City Manager Traci Leach presented a summary regarding proposed budget items for renovation of the council chambers. New Council Chairs: The option that was identified (full leather chair with logo embossed on head cushion) is approximately $7,200 for replacement of all chairs. Reconfigure wiring to run underneath dais: $1,500 Reconfiguration of Audience TV Monitors: $1,500 Move both of the existing side monitors back to make for easier viewing by audience members in first 2 rows Reconfigure the existing camera to point at the speaker and have that camera feed to the middle TV monitor Re-upholster the existing Audience Seating: $10,000 Councilmember Moser moved to move forward with these proposed items in the Fiscal Year 2015 MOTION PASSED. Budget. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Earp, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays: None Absent: None 8. REPORTS (a) Receive Delinquent Tax Report Assistant City Manager Traci Leach Assistant City Manager Traci Leach provided the Delinquent Tax Report. There were no questions or comments. (b) Receive report of Fiscal Affairs Committee Councilmember Engelken Councilmember Engelken provided a report from the Fiscal Affairs Committee meeting which was held prior to the Council meeting. 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager Wrecker Committee Meeting, Tuesday, July 29, 2014 Page 4 of 6 July 28, 2014, Council Meeting Minutes La Porte Development Corporation Board Meeting, Monday, August 11, 2014 Budget Workshop Meeting, Monday, August 11, 2014 City Council Meeting, Monday, August 25, 2014 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Zemanek, Leonard, Engelken, Clausen, Martin, Moser, Kaminski, Earp and Mayor Rigby. Councilmember Martin congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time; the La Porte Community Civic Club for their hard work; City Staff members that assisted him with an issue in District 5 and the Shady River Civic Association for being proactive in their neighborhood. Councilmember Moser congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time and the La Porte Community Civic Club for their hard work, in addition to wishing Mary Gay Happy Birthday. Councilmember Kaminski congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time; the La Porte Community Civic Club for their hard work and Public Works Director Dave Mick and Police Chief Adcox for their assistance with an issue. Councilmember Zemanek congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time and the La Porte Community Civic Club for their hard work and wished Rod Davis the best in his retirement. Councilmember Leonard congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time and the La Porte Community Civic Club for their hard work. Councilmember Engelken congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time and the La Porte Community Civic Club for their hard work. Councilmember Earp congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time and the La Porte Community Civic Club for their hard work. Councilmember Clausen congratulated Brian Sterling for being recognized as Employee of the Second Quarter; thanked Jaree Hefner for her hard work and the City of La Porte receiving the TAMI award for the first time and thanked the La Porte Community Civic Club. Mayor Rigby thanked the La Porte Community Civic Club for all of their hard work and events in the community and congratulated Brian Sterling for being recognized as Employee of the Second Quarter this year and three previous times as well as Employee of the Year twice, and congratulated Jaree Hefner for receiving the TAMI award. Page 5 of 6 July 28, 2014, Council Meeting Minutes 12. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 6:42 p.m. MOTION PASSED Councilmember Zemanek seconded. . _______________________________ Patrice Fogarty, City Secretary Passed and approved on August 11, 2014. ________________________________ Mayor Louis R. Rigby 66 Page of July 28, 2014, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 11, 2014August 11, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: K. Adcox K. Adcox Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance (Marked Version)1. Ordinance (Marked Version) 2. Ordinance (Clean Version)2. Ordinance (Clean Version) SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS During the July 28, 2014 Council Meeting staff discussed a request from the Shady River Civic Association, on During the July 28, 2014 Council Meeting staff discussed a request from the Shady River Civic Association, on behalf of the residents living within the Shady River subdivision, asking that the speed limit within the confines of behalf of the residents living within the Shady River subdivision, asking that the speed limit within the confines of the Shady River subdivision be reduced from 30 MPH to 25 MPH.   Council directed staff to make appropriate the Shady River subdivision be reduced from 30 MPH to 25 MPH.   Council directed staff to make appropriate amendments to Chapter 70, Article III, of the La Porte Municipal Code to reflect the new 25MPH speed limit for amendments to Chapter 70, Article III, of the La Porte Municipal Code to reflect the new 25MPH speed limit for the streets within the subdivision.the streets within the subdivision.   An Ordinance has been prepared reflecting the requested change to Chapter 70, Article III of the La Porte An Ordinance has been prepared reflecting the requested change to Chapter 70, Article III of the La Porte Municipal Code and is being presented to Council for approval.  Once approved by City Council, Public Works will Municipal Code and is being presented to Council for approval.  Once approved by City Council, Public Works will Municipal Code and is being presented to Council for approval.  Once approved by City Council, Public Works will Municipal Code and is being presented to Council for approval.  Once approved by City Council, Public Works will change the signs within the neighborhood to reflect the new speed limit. change the signs within the neighborhood to reflect the new speed limit. change the signs within the neighborhood to reflect the new speed limit. change the signs within the neighborhood to reflect the new speed limit. Action Required of Council:Action Required of Council: Approve ordinance establishing a speed limit of 25MPH for all streets within the Shady River subdivision.Approve ordinance establishing a speed limit of 25MPH for all streets within the Shady River subdivision. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. 2013 - AN ORDINANCE AFFIC AND VEHICLES ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and condition of the pavement and other circumstances on such portion of the street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : LimiSection 70-Section 70-- Section 70----104 -ty-- of the Code of Ordinances, La Porte, Texas, are hereby amended, and new Section 70-107 is hereby added, to read as follows: Sec. 70-100. Twenty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 25 miles per hour in any such zone: (1) Along Hackberry Street, in its entirety; (2) Along Hollow Tree Street, in its entirety; (3) Along Lazy Pine Street, in its entirety; (4) Along Bayou Drive, in its entirety; (5) Along Green Leaf Lane, in its entirety; (6) Along Oak Leaf Street, in its entirety; (7) Along Silver Spring Drive, in its entirety; (8) Along Shady River Road, in its entirety; and (9) Along Woodland Court, in its entirety. Sec. 70-101. Thirty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 30 miles per hour in any such zone: (1) Along Myrtle Creek from West Main to Underwood Road, a distance of 3,800 feet, 0.72 miles; (2) Along Fairmont Parkway from South Broadway to Park Avenue, a distance of 1,800 feet, 0.34 miles; and (3) Along Park Avenue from San Jacinto to Fairmont Parkway, a distance of 700 feet, 0.13 miles. (4) Along BS 146 D from SH 146 (West Main and South Broadway) to 540 feet north of Forest Avenue, a distance of approximately 1.7 miles. Sec. 70-102. Thirty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 35 miles per hour in any such zone: (1) Along Underwood Road, from a point 2,350 feet south of West Main to a point 650 feet north of West Main, a distance of 3,000 feet, 0.57 miles; (2) Along West Main, from a point 925 feet west of Farrington Boulevard to a point 1,125 feet east of Farrington Boulevard, a distance of 2,050 feet, 0.39 miles; (3) Along West Main Street, from State Highway 146 to a point 1,900 feet west of South 16th Street, 0.36 miles; (4) Along North L Street, from a point 545 feet east of Alvy Lane to the east right-of-way line of Underwood Road, a distance of 7,542 feet, 1.42 miles; (5) Along Driftwood Drive from West Main to Fairmont Parkway, a distance of 4,700 feet, 0.89 miles; (6) Along Fairmont Parkway, from a point 550 feet west of State Highway 146 to South Broadway, a distance of 4,000 feet, 0.76 miles; (7) Along South 16th Street from West Main to a point 1,500 feet south of West Main, a distance of 1,500 feet, 0.28 miles; (8) Along East Barbours Cut Boulevard from State Highway 146 to North Broadway, a distance of 3,100 feet, 0.59 miles; and (9) Along Park Avenue from San Jacinto to East E Street, a distance of 4,700 feet, 0.89 miles. (10) Along SH 146 Frontage Road, northbound, from the north city limit boundary in the City of La Porte to the intersection of McCabe Road, a distance of approximately 4.836 miles. (11) Along SH 146 Frontage Road, southbound, from the north city limit boundary in the City of La Porte to a point 1928 feet south of the north city limit boundary, a distance of approximately 0.365 miles. 2 (12) Along SH 146 Frontage Road, southbound, from a point 808 feet south of the Union Pacific Railroad boundary in the City of La Porte to the intersection of McCabe Road, a distance of approximately 3.701 miles. (13) Along Canada Road from Defiance Street to West Main Street, a distance of 1,750 feet, 0.33 . miles Sec. 70-103. Forty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1) Along West Main from Luella Boulevard to a point 2,000 feet west of Luella Boulevard, a distance of 2,000 feet, 0.38 miles; (2) Along North H Street from Lomax School Road to 26th Street, a distance of 8,300 feet, 1.57 miles; (3) Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles; (4) Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles; (5) Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles; (6) Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54 miles; (7) Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, 0.63 miles; and (8) Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet, 0.39 miles." (9) Along SS 501 from BS 146 D (Wharton Weems Blvd) to Fairfield, a distance of 0.873 miles. (10) Along SS 501 from 272 feet north of North Shady Lane to the South City of La Porte Limit, a distance of approximately 0.144 miles. (11) Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south of Forest Avenue, a distance of 0.200 miles. Sec. 70-104. Forty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 45 miles per hour in any such zone: (1) Along Underwood Road from North P Street to a point 650 feet north of West Main, a distance of 6,900 feet, 1.31 miles; (2) Along Underwood Road, from a point 2,350 feet south of West Main to Fairmont Parkway, a distance of 2,400 feet, 0.45 miles; (3) Along West Main Street, from a point 1,900 feet west of South 16th Street to the western corporate limits; and 3 (4) Along West Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to a point 550 feet west of State Highway 146, a distance of 2,500 feet, 0.47 miles. (5) Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton Weems Blvd, a distance of approximately 0.695 miles. (6) Along Bay Area Blvd. from Fairmont Parkway to West Main Street, a distance of 4,850 feet, 0.92 miles. (7) Along Canada Road from Defiance Street to Fairmont Parkway, a distance of 2,920 feet, 0.55 miles. Sec. 70-105. Fifty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 50 miles per hour in any such zone: (1) Along Underwood Road from State Highway 225 to North P Street, a distance of 6,500 feet, 1.23 miles; (2) Along State Highway 225 frontage roads (east bound and west bound) from the west city limit of La Porte to State Highway 146, a distance of approximately 4.023 miles. Sec. 70-106. Fifty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 55 miles per hour in any such zone: (1) Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to Luella Boulevard, a distance of 22,800 feet, 4.318 miles. (2) Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of approximately 0.672 miles. Sec. 70-107. Sixty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 60 miles per hour in any such zone: (1) Along SH 146 Main Line, northbound and southbound, from the north city limit boundary in the . City of La Porte to the south city limit, a distance of approximately 5.292 miles Section 2 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been 4 separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the______ day of AUGUST, 2014. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 5 ORDINANCE NO. 2013 - AN ORDINANCE AFFIC AND VEHICLES ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and condition of the pavement and other circumstances on such portion of the street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : LimiSection 70-Section 70-- Section 70----104 -ty-- of the Code of Ordinances, La Porte, Texas, are hereby amended, and new Section 70-107 is hereby added, to read as follows: Sec. 70-100. Twenty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 25 miles per hour in any such zone: (1) Along Hackberry Street, in its entirety; (2) Along Hollow Tree Street, in its entirety; (3) Along Lazy Pine Street, in its entirety; (4) Along Bayou Drive, in its entirety; (5) Along Green Leaf Lane, in its entirety; (6) Along Oak Leaf Street, in its entirety; (7) Along Silver Spring Drive, in its entirety; (8) Along Shady River Road, in its entirety; and (9) Along Woodland Court, in its entirety. Sec. 70-101. Thirty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 30 miles per hour in any such zone: (1) Along Myrtle Creek from West Main to Underwood Road, a distance of 3,800 feet, 0.72 miles; (2) Along Fairmont Parkway from South Broadway to Park Avenue, a distance of 1,800 feet, 0.34 miles; and (3) Along Park Avenue from San Jacinto to Fairmont Parkway, a distance of 700 feet, 0.13 miles. (4) Along BS 146 D from SH 146 (West Main and South Broadway) to 540 feet north of Forest Avenue, a distance of approximately 1.7 miles. Sec. 70-102. Thirty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 35 miles per hour in any such zone: (1) Along Underwood Road, from a point 2,350 feet south of West Main to a point 650 feet north of West Main, a distance of 3,000 feet, 0.57 miles; (2) Along West Main, from a point 925 feet west of Farrington Boulevard to a point 1,125 feet east of Farrington Boulevard, a distance of 2,050 feet, 0.39 miles; (3) Along West Main Street, from State Highway 146 to a point 1,900 feet west of South 16th Street, 0.36 miles; (4) Along North L Street, from a point 545 feet east of Alvy Lane to the east right-of-way line of Underwood Road, a distance of 7,542 feet, 1.42 miles; (5) Along Driftwood Drive from West Main to Fairmont Parkway, a distance of 4,700 feet, 0.89 miles; (6) Along Fairmont Parkway, from a point 550 feet west of State Highway 146 to South Broadway, a distance of 4,000 feet, 0.76 miles; (7) Along South 16th Street from West Main to a point 1,500 feet south of West Main, a distance of 1,500 feet, 0.28 miles; (8) Along East Barbours Cut Boulevard from State Highway 146 to North Broadway, a distance of 3,100 feet, 0.59 miles; and (9) Along Park Avenue from San Jacinto to East E Street, a distance of 4,700 feet, 0.89 miles. (10) Along SH 146 Frontage Road, northbound, from the north city limit boundary in the City of La Porte to the intersection of McCabe Road, a distance of approximately 4.836 miles. (11) Along SH 146 Frontage Road, southbound, from the north city limit boundary in the City of La Porte to a point 1928 feet south of the north city limit boundary, a distance of approximately 0.365 miles. 2 (12) Along SH 146 Frontage Road, southbound, from a point 808 feet south of the Union Pacific Railroad boundary in the City of La Porte to the intersection of McCabe Road, a distance of approximately 3.701 miles. (13) Along Canada Road from Defiance Street to West Main Street, a distance of 1,750 feet, 0.33 . miles Sec. 70-103. Forty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1) Along West Main from Luella Boulevard to a point 2,000 feet west of Luella Boulevard, a distance of 2,000 feet, 0.38 miles; (2) Along North H Street from Lomax School Road to 26th Street, a distance of 8,300 feet, 1.57 miles; (3) Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles; (4) Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles; (5) Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles; (6) Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54 miles; (7) Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, 0.63 miles; and (8) Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet, 0.39 miles." (9) Along SS 501 from BS 146 D (Wharton Weems Blvd) to Fairfield, a distance of 0.873 miles. (10) Along SS 501 from 272 feet north of North Shady Lane to the South City of La Porte Limit, a distance of approximately 0.144 miles. (11) Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south of Forest Avenue, a distance of 0.200 miles. Sec. 70-104. Forty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 45 miles per hour in any such zone: (1) Along Underwood Road from North P Street to a point 650 feet north of West Main, a distance of 6,900 feet, 1.31 miles; (2) Along Underwood Road, from a point 2,350 feet south of West Main to Fairmont Parkway, a distance of 2,400 feet, 0.45 miles; (3) Along West Main Street, from a point 1,900 feet west of South 16th Street to the western corporate limits; and 3 (4) Along West Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to a point 550 feet west of State Highway 146, a distance of 2,500 feet, 0.47 miles. (5) Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton Weems Blvd, a distance of approximately 0.695 miles. (6) Along Bay Area Blvd. from Fairmont Parkway to West Main Street, a distance of 4,850 feet, 0.92 miles. (7) Along Canada Road from Defiance Street to Fairmont Parkway, a distance of 2,920 feet, 0.55 miles. Sec. 70-105. Fifty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 50 miles per hour in any such zone: (1) Along Underwood Road from State Highway 225 to North P Street, a distance of 6,500 feet, 1.23 miles; (2) Along State Highway 225 frontage roads (east bound and west bound) from the west city limit of La Porte to State Highway 146, a distance of approximately 4.023 miles. Sec. 70-106. Fifty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 55 miles per hour in any such zone: (1) Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to Luella Boulevard, a distance of 22,800 feet, 4.318 miles. (2) Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of approximately 0.672 miles. Sec. 70-107. Sixty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 60 miles per hour in any such zone: (1) Along SH 146 Main Line, northbound and southbound, from the north city limit boundary in the . City of La Porte to the south city limit, a distance of approximately 5.292 miles Section 2 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been 4 separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the______ day of AUGUST, 2014. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 5 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 11, 2014August 11, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Michael Dolby, CPA Michael Dolby, CPA Requested By: Account Number:Account Number: Finance Finance Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Presentation1. Presentation SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Staff will present the Proposed Fiscal Year 2014Staff will present the Proposed Fiscal Year 2014--15 Budget and workshop it with the City Council.  Highlights of 15 Budget and workshop it with the City Council.  Highlights of the proposed budget and departmental expenditures of $75 million will be presented by the City Manager, the the proposed budget and departmental expenditures of $75 million will be presented by the City Manager, the Director of Finance and Department Directors.Director of Finance and Department Directors. Action Required of Council:Action Required of Council: Discuss the Proposed Fiscal Year 2014Discuss the Proposed Fiscal Year 2014--15 Budget and provide direction to staff.15 Budget and provide direction to staff. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Revenue in millions