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HomeMy WebLinkAbout07-13-15 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKVACANT Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Councilmember At Large BCouncilmember At Large BMayor Pro-Tem Councilmember District 5Councilmember District 5 DANNY EARP Councilmember District 1Councilmember District 1 MIKE CLAUSEN Councilmember District 6Councilmember District 6 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held July 13, 2015, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held July 13, 2015, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER -- The invocation will be given by Rickie Edwards, New Hope Missionary Baptist The invocation will be given by Rickie Edwards, New Hope Missionary Baptist 2.INVOCATIONINVOCATION Church.Church.   -- The Pledge of Allegiance will be led by Councilmember Daryl Leonard. The Pledge of Allegiance will be led by Councilmember Daryl Leonard. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Proclamation Proclamation -- Harley's Angels Cruzin' to Cure Day Harley's Angels Cruzin' to Cure Day -- Mayor Rigby Mayor Rigby (a) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS 6.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.) 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 (a) held on June 22, 2015 and Special Called City Council Meeting held on June 29, 2015 held on June 22, 2015 and Special Called City Council Meeting held on June 29, 2015 - P. FogartyFogarty Consider approval or other action regarding a Resolution authorizing the City Manager to Consider approval or other action regarding a Resolution authorizing the City Manager to (b) execute all contracts and agreements with the State of Texas and such other parties that shall execute all contracts and agreements with the State of Texas and such other parties that shall be necessary for conducting a business study of the La Porte Municipal Airport with be necessary for conducting a business study of the La Porte Municipal Airport with expenditures from Fiscal Year 2016 Budget of $9,000.00 expenditures from Fiscal Year 2016 Budget of $9,000.00 -- D. Mick D. Mick Consider approval or other action regarding a Resolution to approve revised Harris County Consider approval or other action regarding a Resolution to approve revised Harris County (c) MultiMulti--Hazard Mitigation Plan for the City of La Porte Hazard Mitigation Plan for the City of La Porte -- K. Gauthier K. Gauthier Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and (d) Vehicles" of the City of La Porte Code of Ordinances by revising certain regulations related to Vehicles" of the City of La Porte Code of Ordinances by revising certain regulations related to enforcement of school zones within the corporate limits of the City of La Porte enforcement of school zones within the corporate limits of the City of La Porte -- K. Adcox K. Adcox Consider approval or other action authorizing the Mayor to execute an agreement between Consider approval or other action authorizing the Mayor to execute an agreement between (e) San Jacinto Community College District and the City of La Porte for the transfer of obsolete San Jacinto Community College District and the City of La Porte for the transfer of obsolete Self Contained Breathing Apparatus equipment and parts Self Contained Breathing Apparatus equipment and parts -- T. Leach T. Leach 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES Public hearing to receive comments regarding recommendation of the La Porte Planning and Public hearing to receive comments regarding recommendation of the La Porte Planning and (a) Zoning Commission to approve an Ordinance amending Chapter 106 "Zoning" of the Code of Zoning Commission to approve an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by adding definitions, and revising regulations related to Ordinances of the City of La Porte by adding definitions, and revising regulations related to exterior storage, tree preservation and temporary signs; consider approval or other action exterior storage, tree preservation and temporary signs; consider approval or other action regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by adding new definitions, and revising regulations related to exterior storage, tree of La Porte by adding new definitions, and revising regulations related to exterior storage, tree preservation and temporary signs preservation and temporary signs -- E. Ensey E. Ensey 8.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION Discussion and possible action regarding report on list of Dangerous Buildings in La Porte Discussion and possible action regarding report on list of Dangerous Buildings in La Porte - (a) R. DavidsonR. Davidson Discussion and possible action regarding request of WCA to increase Discussion and possible action regarding request of WCA to increase (b) commercial containerized solid waste collection fees, under terms of City of La Portecommercial containerized solid waste collection fees, under terms of City of La Porte-WCA commercial solid waste collection franchise agreement commercial solid waste collection franchise agreement -- D. Mick D. Mick 9.REPORTSREPORTS Receive report of the Drainage and Flooding Committee Receive report of the Drainage and Flooding Committee -- Councilmember Clausen Councilmember Clausen (a) 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, July 16, 2015Planning and Zoning Commission Meeting, Thursday, July 16, 2015 • City Council Meeting, Monday, July 27, 2015 City Council Meeting, Monday, July 27, 2015 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 11.COUNCIL COMMENTSCOUNCIL COMMENTS 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 or existing policies or existing policies -- Councilmembers Leonard, Engelken, Earp, Clausen, Martin, Councilmembers Leonard, Engelken, Earp, Clausen, Martin, Councilmembers Leonard, Engelken, Earp, Clausen, Martin, Councilmembers Leonard, Engelken, Earp, Clausen, Martin, Kaminski, Zemanek and Mayor RigbyKaminski, Zemanek and Mayor Rigby   12.EXECUTIVE SESSIONEXECUTIVE SESSION 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 Code, in accordance with the authority contained in:Code, in accordance with the authority contained in: ––Personnel Matter: Deliberations concerning the Personnel Matter: Deliberations concerning the Texas Government Code, Section 551.074Texas Government Code, Section 551.074 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: City Manager Corby or employee, unless the officer or employee requests a public hearing: City Manager Corby Alexander.Alexander. ––Deliberations regarding Economic Development Deliberations regarding Economic Development Texas Government Code, Section 551.087(1)Texas Government Code, Section 551.087(1) Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for development of residential dwellings in City northside.development of residential dwellings in City northside. ––Deliberations regarding Economic Development Deliberations regarding Economic Development Texas Government Code, Section 551.087(1)Texas Government Code, Section 551.087(1) Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for residential and commercial development near Bay Area Blvd.residential and commercial development near Bay Area Blvd. ––Deliberations regarding Economic Development Deliberations regarding Economic Development Texas Government Code, Section 551.087(1)Texas Government Code, Section 551.087(1) Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for mixed use residential and commercial complex in City eastside.mixed use residential and commercial complex in City eastside. ––Consultations with Attorney: Meet with City Consultations with Attorney: Meet with City Texas Government Code, Section 551.071(2)Texas Government Code, Section 551.071(2) Attorney and City Manager to discuss effect of Obergefell vs. Hodges decision on City employment Attorney and City Manager to discuss effect of Obergefell vs. Hodges decision on City employment policies and procedures.policies and procedures.policies and procedures.policies and procedures. into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive 13.RECONVENERECONVENE session. session. 14.ADJOURNADJOURN 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 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 July 13, 2015, agenda of items to be considered by the City Council was posted on the City Hall I certify that a copy of the July 13, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on July 7, 2015.bulletin board on July 7, 2015. Council Agenda Item Council Agenda Item July 13, 2015 July 13, 2015 1.CALL TO ORDERCALL TO ORDER -- The invocation will be given by Rickie Edwards, New Hope Missionary Baptist The invocation will be given by Rickie Edwards, New Hope Missionary Baptist 2.INVOCATIONINVOCATION Church.Church.   -- The Pledge of Allegiance will be led by Councilmember Daryl Leonard. The Pledge of Allegiance will be led by Councilmember Daryl Leonard. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS Proclamation Proclamation -- Harley's Angels Cruzin' to Cure Day Harley's Angels Cruzin' to Cure Day -- Mayor Rigby Mayor Rigby (a) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item July 13, 2015 July 13, 2015 6.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.) 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 (a) held on June 22, 2015 and Special Called City Council Meeting held on June 29, 2015 held on June 22, 2015 and Special Called City Council Meeting held on June 29, 2015 - P. FogartyFogarty Consider approval or other action regarding a Resolution authorizing the City Manager to Consider approval or other action regarding a Resolution authorizing the City Manager to (b) execute all contracts and agreements with the State of Texas and such other parties that execute all contracts and agreements with the State of Texas and such other parties that shall be necessary for conducting a business study of the La Porte Municipal Airport with shall be necessary for conducting a business study of the La Porte Municipal Airport with expenditures from Fiscal Year 2016 Budget of $9,000.00 expenditures from Fiscal Year 2016 Budget of $9,000.00 -- D. Mick D. Mick Consider approval or other action regarding a Resolution to approve revised Harris County Consider approval or other action regarding a Resolution to approve revised Harris County Consider approval or other action regarding a Resolution to approve revised Harris County Consider approval or other action regarding a Resolution to approve revised Harris County (c)(c) MultiMulti--Hazard Mitigation Plan for the City of La Porte Hazard Mitigation Plan for the City of La Porte -- K. Gauthier K. Gauthier Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and Consider approval or other action regarding an Ordinance amending Chapter 70 "Traffic and (d) Vehicles" of the City of La Porte Code of Ordinances by revising certain regulations related to Vehicles" of the City of La Porte Code of Ordinances by revising certain regulations related to enforcement of school zones within the corporate limits of the City of La Porte enforcement of school zones within the corporate limits of the City of La Porte -- K. Adcox K. Adcox Consider approval or other action authorizing the Mayor to execute an agreement between Consider approval or other action authorizing the Mayor to execute an agreement between (e) San Jacinto Community College District and the City of La Porte for the transfer of obsolete San Jacinto Community College District and the City of La Porte for the transfer of obsolete Self Contained Breathing Apparatus equipment and parts Self Contained Breathing Apparatus equipment and parts -- T. Leach T. Leach ****************************************************************** ****************************************************************** LOUIS RIGBY Mayor DARYL LEONARD JOHN ZEMANEK Councilmember District 3 Councilmember At Large A VACANT DOTTIE KAMINSKI Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Mayor Pro-Tem Councilmember District 1 Councilmember District 5 CHUCK ENGELKEN MIKE CLAUSEN Councilmember District 2 Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 22, 2015 Monday, June 22, 2015, 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, Earp, Engelken, Leonard and Martin. Absent: Councilmembers Clausen and Zemanek. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander. 2. INVOCATION The invocation was given by Michael Abportus, Congregation Benim Avraham. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Rigby. 4. PUBLIC COMMENTS (Limited to five minutes per person.) John Focke, 111 S. Y St., addressed Council in regards to concerns with the number of individuals living in a leased home in his subdivision and the number of vehicles parked at the home. Catherine Focke, 111 S. Y St., addressed Council regarding two dogs running loose that are owned by the individuals leasing that home in her subdivision. Ms. Focke expressed concerns that the dogs may be a threat. Charlotte Mahoney, 227 S. Y St., addressed Council and expressed her condolences for the passing of Councilmember Moser and requested Council address the concerns with the individuals leasing the home in her and the Fockes subdivision. 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular meeting held on June 8, 2015 P. Fogarty (b) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing a portion of the W. D Street Right-of-Way, the W. E Street Right-of-Way, the S. 13th Street Right- of-Way, the S. 14th Street Right-of-Way, S. 15th Street Right-of-Way, and the entire alley in Blocks 794,826, and 827, La Porte; retaining a 20-foot wide drainage easement within the W. E 14 Page of June 22, 2015, Council Meeting Minutes Street Right-of-Way; and a 26-foot drainage easement within the W. F Street Right-of-Way; accepting a 5,000 square foot portion of the previously abandoned W. F Street Right-of-Way from the applicant for public right-of-way purposes; and authorizing the City Manager to execute a deed to the adjacent owners for the subject closings - T. Tietjens (c) Consider approval or other action regarding a contract with Trikings Construction for the rd construction of a concrete parking lot at 114 S. 3 Street, in the amount of $69,170.92, plus a construction contingency of $3,458.55 for a combined total of $72,629.47 B. Eng (d) Consider approval or other action awarding Bid No. 15014 (accepting Bid Items 1,2,6,7,8,9, and rejecting Bid Item 3,4 and 5) to McDonalds Municipal and industrial for Replacement of Water Wells in the amount of $165,469.00 and authorizing an additional $16,000.00 allocation to be utilized as a project contingency for a total project authorization of $181,469.00 D. Mick Regarding Item C, it was removed from consideration, and the subject will be placed on a future agenda. Councilmember Leonard moved to approve Consent Agenda items a, b, and d pursuant to staff MOTION PASSED. recommendations. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Earp, Engelken, Leonard, and Martin Nays: None Absent: Councilmembers Clausen, and Zemanek Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the ordinance from the Consent Agenda: Ordinance 2015-3585 AN ORDINANCE - TH OF--OF-WAY, THE SOUTH 13 STREET RIGHT-OF-WAY, THE SOUTH THTH 14 STREET RIGHT-OF-WAY, THE SOUTH 15 STREET RIGHT-OF-WAY, AND THE ENTIRE ALLEY IN BLOCKS 794, 826, AND 827, TOWN OF LA PORTE, RETAINING SANITARY SEWER AND DRAINAGE EASEMENTS; AND AUTHORIZING EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 6. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Open Riding Rules and Rental at Lomax Rodeo Arena R. Epting Parks and Recreation Director Roz Epting presented a summary. Councilmember Leonard questioned about there not being any custodial care and if that could be considered for an extra fee. Ms. Epting responded yes, they could develop a prepping fee. Councilmember Leonard thinks that adding a fee for mucking the area would be reasonable. Councilmember Earp mentioned that staff may want to speak with residents who frequently use the arena to see if they would be in favor of a fee for non-residential rentals. Parks and Recreation Director Epting responded yes and will provide feedback to Council. 24 Page of June 22, 2015, Council Meeting Minutes Mayor Rigby questioned if the agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association has a clause in it stating that the Association does the bookings for the arena. Parks and Recreation Director Roz Epting responded that the Association has a certain number of days for bookings, and the remaining days go through the Parks and Recreation Department. Mayor Rigby asked if Council wanted to act on this item or postpone to another meeting date pending feedback from staff. Councilmembers Leonard and Earp requested to postpone this item pending further information, and Councilmember Leonard further stated he would like some stipulation in the agreement about non- residential use. Councilmember Earp moved to postpone the item pending additional information from Staff. MOTION PASSED. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Earp, Engelken, Leonard, and Martin Nays: None Absent: Councilmembers Clausen and Zemanek 7. ADMINISTRATIVE REPORTS - There were no additional administrative reports. 8. 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, Earp, Clausen, Martin, and Mayor Rigby Councilmember Leonard offered his prayers and condolences to Councilmember s family and friends; Councilmember Engelken offered his condolences and commented that he and Councilmember Moser attending high school together and that he was a true friend and that the City of La Porte is better off for knowing him. He also thanked the Moser family for allowing him to share his time with the City; Councilmember Earp offered his condolences and commented that Councilmember Moser was a good guy and will be sorely missed; Councilmember Martin offered his prayers to and commented on the big loss to the city and District Four; Councilmember Kaminski offered prayers to the Moser family; Mayor Rigby commented on Councilmember Moser being a good friend and that he will be greatly missed; Mayor Rigby read a statement sent by Councilmember Zemanek who was absent due to company business. The statement reflected his thoughts and feelings about Councilman Moser. 9. EXECUTIVE SESSION The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.074 Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Corby Alexander. Texas Government Code, Section 551.087(1) Deliberations regarding economic development negotiations: Meet with City Manager and City Attorney to discuss proposal for development of residential dwellings in City. 34 Page of June 22, 2015, Council Meeting Minutes City Council recessed the regular Council meeting to convene an executive session at 6:26 p.m. regarding the items listed above. 10. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened into the regular Council meeting at 8:00 p.m. Regarding Section 551.074 Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Corby Alexander. Councilmember Leonard moved to approve potential changes made to MOTION PASSED. lieu of some other considerations. Councilmember Earp seconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Earp, Engelken, Leonard, and Martin Nays: None Absent: Councilmembers Clausen and Zemanek Mayor Rigby requested staff to place another executive session item under the Personnel exception on the July 13, 2015, City Council meeting. Regarding Section 551.087(1) Deliberations regarding economic development negotiations: Meet with City Manager and City Attorney to discuss proposal for development of residential dwellings in City. City Manager Corby Alexander stated it is his understanding that Council wants staff to prepare a plan that would accommodate an incentive agreement for small residential developments. Councilmember Engelken moved to direct staff to prepare a plan that would accommodate an incentive MOTION PASSED. agreement for small residential developments. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Earp, Engelken, Leonard, and Martin Nays: None Absent: Councilmembers Clausen and Zemanek 11. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:02 p.m. Councilmember Leonard seconded. Motion passed unanimously. _______________________________ Patrice Fogarty, City Secretary Passed and approved on July 13, 2015. ________________________________ Mayor Louis R. Rigby 44 Page of June 22, 2015, Council Meeting Minutes LOUIS RIGBY Mayor DARYL LEONARD JOHN ZEMANEK Councilmember District 3 Councilmember At Large A VACANT DOTTIE KAMINSKI Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Mayor Pro-Tem Councilmember District 1 Councilmember District 5 CHUCK ENGELKEN MIKE CLAUSEN Councilmember District 2 Councilmember District 6 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 29, 2015 Monday, June 29, 2015, The City Council of the City of La Porte met in a special meeting on at the City Hall 5:00 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 5:00 p.m. Members of Council present: Councilmembers Kaminski, Earp, Engelken, Leonard, Clausen, and Martin. Absent: Councilmember Zemanek. Also present were City Secretary Patrice Fogarty, Assistant City Attorney Clark Askins, and Assistant City Manager Traci Leach. 2. DISCUSSION OR OTHER ACTION Consider adoption of an ordinance ordering a Special Election of the City of La Porte, Texas, for August 29, 2015, for the purpose of electing a city official to the position of Councilperson-District 4 for the remainder of the unexpired term, which expires May 7, 2016 P. Fogarty Councilmember Clausen made a motion to adopt an ordinance ordering a Special Election of the City of La Porte, Texas, for August 29, 2015, for the purpose of electing a city official to the position of Councilperson-District 4 for the remainder of the unexpired term, which expires May 7, 2016. Councilmember Leonard seconded the motion. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Leonard, Martin, Kaminski and Earp Nays: None Absent: Councilmember Zemanek 3. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Clausen, Martin, Kaminski, Zemanek, Leonard, Engelken, Earp, and Mayor Rigby Councilmember Clausen asked if this election must be ordered in accordance with the Texas Election Code. Assistant City Attorney Askins stated yes. Councilmember Martin asked about the filing dates. City Secretary Fogarty stated the first day to file is Tuesday, June 30; and the deadline is Wednesday, July 15, 2015. There were no additional Council comments. 4. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 5:03 p.m. Councilmember Leonard seconded. Motion passed unanimously. 13 Page of June 29, 2015, Council Meeting Minutes _______________________________ Patrice Fogarty, City Secretary 23 Page of June 29, 2015, Council Meeting Minutes Passed and approved on July 13, 2015. ________________________________ Mayor Louis R. Rigby 33 Page of June 29, 2015, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 13, 2015July 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 010 010 -- Airport Airport David MickDavid MickSource of Funds:Source of Funds: Requested By:Requested By: FY 2016FY 2016 Public WorksPublic WorksAccount Number:Account Number: Department:Department: $10,000.00$10,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $9,000.00$9,000.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Resolution Accepting TxDot's Grant Offer Resolution Accepting TxDot's Grant Offer 2. Draft Scope of the Airport Business Study Draft Scope of the Airport Business Study 3. City Strategic Plan Objective #4a for the City Strategic Plan Objective #4a for the AirportAirport SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City’s Strategic Plan goals for the La Porte Municipal Airport are best achieved with the benefit of a s Strategic Plan goals for the La Porte Municipal Airport are best achieved with the benefit of a business study purposed with examining the business and financial potential for this facility.  City staff business study purposed with examining the business and financial potential for this facility.  City staff approached the Texas Department of Transportation (TxDOT) Aviation Division staff on several approached the Texas Department of Transportation (TxDOT) Aviation Division staff on several occasions over the past two years for TxDOToccasions over the past two years for TxDOT’’s consideration of a business study.  On June 18, staff s consideration of a business study.  On June 18, staff was advised by TxDOT that funds for the study would be available in TxDOTwas advised by TxDOT that funds for the study would be available in TxDOT’’s FY 16 budget funded at s FY 16 budget funded at 90% state/10%.   90% state/10%.    Next Steps:  City Council to consider this resolution agreeing to accept TxDOTCity Council to consider this resolution agreeing to accept TxDOT’’s offer of grant assistance.s offer of grant assistance. If approved, staff further defines the study scope with TxDOT.If approved, staff further defines the study scope with TxDOT. TxDOT prepares a formal grant agreement.TxDOT prepares a formal grant agreement. TxDOT publishes a Request for Qualifications and then forwards the consultant packages submitted to TxDOT publishes a Request for Qualifications and then forwards the consultant packages submitted to the city for LOCAL review and consultant selection. the city for LOCAL review and consultant selection.  TxDOT enters into a contract with the selected consultant.   TxDOT enters into a contract with the selected consultant.    Funding for the CityFunding for the City’’s 10% share, currently estimated to be $9,000, is included in the proposed FY 2016 s 10% share, currently estimated to be $9,000, is included in the proposed FY 2016 draft Airport Fund budget soon to be reviewed by City Council.    draft Airport Fund budget soon to be reviewed by City Council.     Action Required of Council:Action Required of Council:      Consider approval or other action of a resolution authorizing the City Manager to execute all contracts Consider approval or other action of a resolution authorizing the City Manager to execute all contracts and agreements with the State of Texas and such other parties that shall be necessary for conducting a and agreements with the State of Texas and such other parties that shall be necessary for conducting a business study of the airport with expenditures authorized from the FY 2016 budget of $9,000.business study of the airport with expenditures authorized from the FY 2016 budget of $9,000.         Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Business Plan Scope of Work – draft Airport and Regional Overview – This section’s focus is on airport facilities, services, location, and regional economic and demographic profiles (population, household income, and employment). The review should include developable airport land, both on and neighboring the airport. The regional overview focuses on economic and demographic factors that drive corporate, business, and recreational activity at the airport. Many Plans include a SWOT analysis identifying various strengths, opportunities, threats, and weaknesses. Airport Target Market Analysis - This part of the plan’s focus is on market evaluation to identify aviation tenants and airport businesses best suited for the airport's capabilities and infrastructure. It identifies existing attributes of the airport, trends in general/corporate aviation, competing airports in the region, and economic/demographic factors in the region that drive current and forecasted airport usage. Specific target industry types and activities for both airside and landside development are identified. Airport Business and Financial Analysis – This involves development of a financial profile and a review of revenue sources for the airport, including rates and charges and lease policies. In order to attract future tenants, the airport’s leases and leasing policies must be competitive while maintaining the airport’s ability to generate sufficient short and long-term revenues from current tenants. It typically results in identifying and recommending best practices to follow for lease and minimum standard improvements. Areas of interest under this scope heading are rates and charges, and current leases and lease practices. The analysis is for the airport but should include comparison of three to five comparable and competing airports. Lease policy recommendations and development of minimum standards for lease development should also be included. Business/Financial Plan – This part of the study focuses on development strategies, target business/tenant identification, lease policy recommendations, rates and charges adjustments, minimum standards, and land-use recommendations. The analysis should evaluate the financial and economic implications of implementing the recommended business development and leasing plan. Another part of this portion of the Plan includes a discussion of the existing airport operating/maintenance costs and revenues. Project Coordination/Documentation – Typically this will include two or three meetings (kick- off, mid-point, and final draft) with client and study stakeholders to ensure project goals and objectives are being met during all phases of the project. The meetings allow for gauging progression and provide opportunities for client/stakeholder input. A final report is submitted in electronic and printed copies which incorporates the recommendations of the various meetings. August 2010 D. Benson -TxDOT Aviation Division 4b Objective - Plan Strategic Porte La of City REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: July 13, 2015 Source of Funds: Requested By: Kristin Gauthier Account Number: Department: OEM Amount Budgeted: Report: Resolution: X Ordinance: Amount Requested: Exhibits: Resolution TBA Budgeted Item: YES NO Exhibits: Plan Approval Letter Exhibits: Resolution 2010-14 SUMMARY & RECOMMENDATION The Disaster Mitigation Act of 2000 requires local jurisdictions to have a FEMA-approved Hazard Mitigation Action Plan in place to be eligible for federal mitigation funding. The overall purpose of the plan is to identify potential hazards in local jurisdictions and develop corresponding mitigation actions for each risk. On June 9, 2003, City Council approved Resolution No. 2003-17, which allowed the City to participate in the development of a multi-jurisdictional Hazard Mitigation Plan with Harris County. On May 23, 2005, City Council approved Resolution No. 2005-08, adopting the Harris County Multi-Hazard Mitigation Plan. Federal law (44 Code of Federal Regulations (CFR) Part 201) requires local jurisdictions to review and revise the plan, and resubmit it for approval every five (5) years in order to continue to be eligible for mitigation project grant funding. On July 12, 2010, City Council approved and adopted Resolution No. 2010-14 to accept the revised update of the plan. Harris County, along with each participating jurisdiction, recently completed a formal evaluation and update of the Harris County Multi-Hazard Mitigation Plan. Once revised, the plan went through two stages of formal review by the State of Texas and FEMA. The plan was approved at both levels. The revised plan must be formally adopted by each participating jurisdiction in order to be considered a valid document. Due to the large file size, the current Harris County Multi-Hazard Mitigation Plan can be accessed via the City Secretary’s Office. Action Required by Council: Consider approval or other action of resolution approving the revised Harris County Multi-Hazard Mitigation Plan for the City of La Porte. Approved for City Council Agenda Corby Alexander, City Manager Date RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE HARRIS COUNTY MULTI-HAZARD MITIGATION PLAN. WHEREAS, certain areas of the City of La Porteare subject to periodic flooding, hurricanes and other natural hazards with the potential to cause damages to people and properties within the area; and WHEREAS, the City of La Porte desires to prepare for and mitigate such circumstances; and WHEREAS, under the Disaster Mitigation Act of 2000, the United States Federal Emergency Management Agency (FEMA) requires that local jurisdictions have a FEMA-approved Hazard Mitigation Action Plan in place as a condition of receipt of certain future Federal mitigation funding after May 1, 2005; and WHEREAS, Harris County and certain municipalities, in order to meet this requirement, have initiated development of a countywide, multi-jurisdictional Multi-Hazard Mitigation Plan, including the City of La Porte; THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS HEREBY: Adopts the Harris County Multi-Hazard Mitigation Plan; and Vests the La Porte Office of Emergency Management with the responsibility, authority, and the means to: (a) Inform all concerned parties of this action. (b) Develop an addendum to this Hazard Mitigation Plan if the town’s unique situation warrants such an addendum. Appoints the La Porte Office of Emergency Management to assure that the Hazard Mitigation Plan be reviewed at least annually and that any needed adjustment to the City of La Porte addendum to the Hazard Mitigation Plan be developed and presented to the City Council for consideration. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Hazard Mitigation Plan. PASSED, APPROVED, AND ADOPTED on ______________________________________. City of La Porte, Texas Louis Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD BOX 4087 AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov STEVEN C. McCRAW COMMISSION DIRECTOR A. CYNTHIA LEON, CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH, SR. FAITH JOHNSON DEPUTY DIRECTORS STEVEN P. MACH RANDY WATSON May 29, 2015 Mr. David Alamia Harris County Office of Homeland Security And Emergency Management 6922 Katy Road Houston, TX 77024 RE: Approval Pending Adoption of the Local Multi-Jurisdictional Hazard Mitigation Plan for Harris County, Texas. Dear Mr. Alamia, Congratulations! FEMA has notified the State that it has concluded its review of the Harris County, Texas local mitigation action plan and has found it to be approvable pending adoption. In order for this plan to receive final FEMA approval, the jurisdiction(s) must adopt this plan and submit the documentation (typically resolutions) in a timely manner through the State to FEMA. The approval date will start once FEMA receives and acknowledges the first adoption documentation, regardless as to whether it is one resolution or all. The State encourages adoption resolutions be submitted in bulk, rather than one by one. This documentation can be submitted either by mail or email and should come than the individual participants. A copy of the APA Checklist is attached. It may list recommendations in the comments section. These apply to your next update. DO NOT make any further changes to your plan from now until it has been approved. The following participating governments included in this plan are: Harris County Harris Co. Dept. of Education City of Baytown City of Hedwig Village City of Bellaire City of Hilshire Village City of Bunker Hill Village City of Humble City of Deer Park City of Hunters Creek Village City of El Lago City of Jacinto City City of Galena Park City of Jersey Village Harris Co. Flood Control Dist. City of Katy Harris Co. Hospital Dist. Dba Harris City of LaPorte City of LaPorte County Health System Lone Star College City of Missouri City City of Southside Place City of Spring Valley City of Nassau Bay City of Stafford EQUAL OPPORTUNITY EMPLOYER COURTESY SERVICE PROTECTION Harris County APA of Local HMAP, Page 2 City of Pasadena City of Taylor Lake, Village City of Piney Point Village City of Tomball City of Seabrook City of Webster City of Shoreacres City of West University Place Please Note: This letter serves as your only notice that the plan is APAit is up to you, as the point of contact, to notify the local communities that adoptions should be submitted to and from you to the State. Once this requirement has been met, a letter of official approval will be generated. We commend the communities for their ongoing commitment to mitigation. If you have any questions concerning this procedure, please do not hesitate to contact me via email at mitchell.osburn@dps.texas.gov or by phone at 512-377-0043. Respectfully, Mitchell A. Osburn Mitigation Plans Administrator Texas Division of Emergency Management Texas Homeland Security Texas Department of Public Safety MAO/gr REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 07-13-15 Source of Funds: Requested By: Ken Adcox Account Number: Department: Police Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Exhibits:School Zone Ordinance Amendments Budgeted Item:YESNO Exhibits: School Zone Ordinance Clean Version SUMMARY & RECOMMENDATION Amendments to -97School zare being sought to clarify sections of the existing Ordinance, clarifying the prima faciespeed limit in School Zones and the hours that school zones are enforceable as well as, adding provisions for the utilization of flashing lights on signs to be signify an enforceableschool zone whether it is within the normal hoursas outlined in this Ordinanceor posted hours of the school zone or not. Action Required by Council: Consider approval or other action of an ordinance amending Chapter 70, Section 70-97 of the Code of Ordinances. Approved for City Council Agenda Corby Alexander, City Manager Date ORDINANCE NO. 2015 - AN ORDINANCE AFFIC AND VEHICLES ORDINANCES BY REVISING CERTAIN REGULATIONS RELATED TO ENFORCEMENT OF SCHOOL ZONES 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 PROVIDING FOR THE PUBLICATION OF A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 70Traffic and VehiclesIOperation of Vehicles Section 70-97 School zonesis hereby amended to read as follows: Sec. 70-97. - School zones. (a) No person shall drive a vehicle on any portion of a public street or highway designated as a school zone at a speed greater than is reasonable and prudent under the circumstances then existing. Notwithstanding any other provisions of this division, the prima facie reasonable and prudent maximum speed applicable to the operator of a motor vehicle in any of the school zones designated below shall be a speed of twenty (20) miles per hour: it shall be unlawful for any person to drive any motor vehicle at a rate of speed in excess of 20 miles per hour in any of the following designated school zones: (1) Along Park Street from San Jacinto to Fairmont Parkway, a distance of 700 feet, 0.133 miles. (2) Along Fairmont Parkway from Park Street to South Broadway, a distance of 1,800 feet, 0.34 miles. (3) Along Texas Avenue from Fairmont Parkway to East G Street, a distance of 1,400 feet, 0.27 miles. (4) Along East G Street from South Broadway to San Jacinto, a distance of 1,500 feet, 0.28 miles. (5) Along South Broadway from a point 250 feet south of East G Street to a point 75 feet south of East B Street, a distance of 2,525 feet, 0.48 miles. (6) Along San Jacinto from a point 20 feet south of East B Street to a point 500 feet south of East G Street, a distance of 2,630 feet, 0.498 miles. (7) Along East C Street from San Jacinto to South Broadway, a distance of 650 feet, 0.123 miles. (8) Along West Tyler from North 2nd Street to North 3rd Street, a distance of 330 feet, 0.06 miles. (9) Along North 2nd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles. (10) Along North 3rd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles. (11) Along North L Street from a point 50 feet west of Alvy Drive to a point 175 feet west of Lomax School Road, a distance of 2,400 feet, 0.454 miles. (12) Along Willmont from a point 100 feet north of Fairmont Parkway to a point 100 feet south of Shell Rock, a distance of 1,200 feet, 0.227 miles. (13) Along Clairmont from Roseway to Rosemont, a distance of 600 feet, 0.114 miles. (14) Along Rosemont from Clairmont to Parkway, a distance of 600 feet, 0.114 miles. (15) Along Parkway from Willmont to Rosemont, a distance of 250 feet, 0.047 miles. (16) Along Roseway from Clairmont to Roseberry, a distance of 500 feet, 0.095 miles. (17) Along Cedarmont from a point 50 feet north of Stonemont to Myrtle Creek, a distance of 1,150 feet, 0.218 miles. (18) Along Myrtle Creek from Antrim to West Main, a distance of 600 feet, 0.114 miles. (19) Along Carlow from a point 200 feet east of Catlett to Cedarmont, a distance of 500 feet, 0.095 miles. (20) Along West Main from a point 200 feet east of Underwood Road to a point 200 feet east of Myrtle Creek, a distance of 1,150 feet, 0.218 miles. (21) Along Underwood Road from a point 30 feet north of Andricks to a point 100 feet south of Carlow, a distance of 1,480 feet, 0.280 miles. (22) Along West Main from a point 530 feet east of Farrington Boulevard to a point 280 feet west of Farrington Boulevard, a distance of 810 feet, 0.153 miles. (23) Along Farrington Boulevard from West Main to a point 850 feet south of West Main, a distance of 850 feet, 0.161 miles. (24) Along North L Street, from a point 175 feet west of Mockingbird Lane, to a point 65 feet east of Meadowlark Lane, a distance of 1,450 feet, 0.27 miles. (25) Along Myrtle Creek from West Main Street, (also known as Spencer Highway) to Sugar Creek, a distance of 1,469 feet, 0.278 miles. (26) Along Mockingbird Lane from North H Street to North L Street, a distance of 1,800 feet, 0.341 miles. (27) Along Meadowlark Lane from North H Street to North L Street, a distance of 1,800 feet, 0.341 miles. 2 (28) Along South First Street from West H Street to West I Street, a distance of 505 feet, 0.096 miles. (29) Along BS 146 D from 486 feet South of West B Street to East H Street, a distance of approximately 0.591 miles. (30) Along McCabe Road from the east line of the right-of-way for State Highway 146 to the Harris County Flood Control District drainage easement, a distance of approximately 1,328 feet, 0.25 miles. (b) The speeds twenty (20) miles per hour speed limit established in this section shall be in effect on days when 1) school classes are in session and 2) when appropriate signage giving notice thereof is erected at the entrance point of the school zone. Such signage shall state that the maximum speed limit is twenty (20) miles per hour and indicate the times during which the school zone is in effect or operation, or alternatively, shall state that the maximum speed limit is twenty (20) miles per hour when lights are flashing and shall be accompanied by a flashing beacon or light during the times the school zone is in effect or operation. (b)(c) School zone hours for the school zones listed in this section are hereby established as follows: between 7:00 a.m. and 9:00 a.m., and between 2:00 p.m. and 4:00 p.m., Monday through Friday, on days in which school classes are in session of each week on school days only, during the time periods when the school zone, to which such limits apply, is posted as a school zone; except for those school zones described in subsections (a)(5), (a)(17), (a)(18), (a)(19), (a)(20), (a)(21), and (a)(24) of this section, which shall have school zone hours in effect between 7:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 5:00 p.m., and subsection (a)(28) of this section, which shall have school zone hours in effect between 7:00 a.m. and 4:00 p.m. Timed flashing lights, as well as fixed signs, may be used to sign or post a school zone. If a school zone is posted by both timed flashing lights and a fixed sign, the hours posted on the fixed sign designates the school zone time periods, notwithstanding whether or not the timed flashing lights are operational in such zone. All schools open all year shall be additionally signed "all year." (d) School zone signs equipped with flashing beacons or lights in lieu of posted school zone hours, may be activated anytime school classes are in session, including but not limited to use for summer school hours and for use during early dismissals or other special school functions. A school zone activated in this manner is enforceable under the terms of this ordinance notwithstanding the fact that it is outside of the school zone hours established in the preceding paragraph. (e) It shall be an affirmative defense to a charge of exceeding the speed limit in a school zone as established in this section, if on the day in question there were no school classes in session at the specific designated school zone. Section 3 . 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 4. 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 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 5 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. 3 Section 6. 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, ublic 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 7 . 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 _________________, 2015. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 4 ORDINANCE NO. 2015- AN ORDINANCE AMENDING CHAPTER 70 “TRAFFIC AND VEHICLES” OF THE CODE OF ORDINANCES BY REVISING CERTAIN REGULATIONS RELATED TO ENFORCEMENT OF SCHOOL ZONESWITHIN 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 PROVIDING FOR THE IN A SUM NOT TO EXCEED TWO HUNDREDDOLLARS; PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 :That Chapter 70, “Traffic and Vehicles,” Article III, “Operation of Vehicles,” Division 2. “Speed Limits”, Section 70-97“Schoolzones,” of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: “ Sec. 70-97. -School zones. (a) No person shall drive a vehicle on any portion of a public street orhighway designated as a school zone at a speed greater than is reasonable and prudent under the circumstances then existing. Notwithstanding any other provisions of this division, the prima facie reasonable and prudent maximum speed applicable to the operator of a motor vehicle in any of the school zones designated belowshall be a speed of twenty (20)miles per hour: (1)Along Park Street from San Jacinto to Fairmont Parkway, a distance of 700 feet, 0.133 miles. (2)Along Fairmont Parkway from Park Streetto South Broadway, a distance of 1,800 feet, 0.34 miles. (3)Along Texas Avenue from Fairmont Parkway to East G Street, a distance of 1,400 feet, 0.27 miles. (4)Along East G Street from South Broadway to San Jacinto, a distance of 1,500 feet, 0.28 miles. (5)Along South Broadway from a point 250 feet south of East G Street to a point 75 feet south of East B Street, a distance of 2,525 feet, 0.48 miles. (6)Along San Jacinto from a point 20 feet south of East B Street to a point 500 feet south of East G Street, a distance of 2,630 feet, 0.498 miles. (7)Along East C Street from San Jacinto to South Broadway, a distance of 650 feet, 0.123 miles. (8)Along West Tyler from North 2nd Street to North 3rd Street, a distance of 330 feet, 0.06 miles. (9)Along North 2nd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles. (10)Along North 3rd Street from West Madison to West Adams, a distance of 950 feet, 0.18 miles. (11)Along North L Street from a point 50 feet west of Alvy Drive to a point 175 feet west of Lomax School Road, a distance of 2,400 feet, 0.454 miles. (12)Along Willmont from a point 100 feet north of Fairmont Parkway to a point 100 feet south of Shell Rock, a distance of 1,200 feet, 0.227 miles. (13)Along Clairmont from Roseway to Rosemont, a distance of 600 feet, 0.114 miles. (14)Along Rosemont from Clairmont to Parkway, a distance of 600 feet, 0.114 miles. (15)Along Parkway from Willmont to Rosemont, a distance of 250 feet, 0.047 miles. (16)Along Roseway from Clairmont to Roseberry, a distance of 500 feet, 0.095 miles. (17)Along Cedarmont from a point 50 feet north of Stonemont to Myrtle Creek, a distance of 1,150 feet, 0.218 miles. (18)Along Myrtle Creek from Antrim to West Main, a distance of 600 feet, 0.114 miles. (19)Along Carlow from a point 200 feet east of Catlett to Cedarmont, a distance of 500 feet, 0.095 miles. (20)Along West Main from a point 200 feet east of Underwood Road to a point 200 feet east of Myrtle Creek, a distance of 1,150 feet, 0.218 miles. (21)Along Underwood Road from a point 30 feet north of Andricks to a point 100 feet south of Carlow, a distance of 1,480 feet, 0.280 miles. (22)Along West Main from a point 530 feet east of Farrington Boulevard to a point 280 feet west of Farrington Boulevard, a distance of 810 feet, 0.153 miles. (23)Along Farrington Boulevard from West Main to a point 850 feet south of West Main, a distance of 850 feet, 0.161 miles. (24)Along North L Street, from a point 175 feet west of Mockingbird Lane, to a point 65 feet east of Meadowlark Lane, a distance of 1,450 feet, 0.27 miles. (25)Along Myrtle Creek from West Main Street, (also known as Spencer Highway) to Sugar Creek, a distance of 1,469 feet, 0.278 miles. 2 (26)Along Mockingbird Lane from North H Street to North L Street, a distance of 1,800 feet, 0.341 miles. (27)Along Meadowlark Lane from North H Street to North L Street, a distance of 1,800 feet, 0.341 miles. (28)Along South First Street from West H Street to West I Street, a distance of 505 feet, 0.096 miles. (29)Along BS 146 D from 486 feet South of West B Street to East H Street, a distance of approximately 0.591 miles. (30)Along McCabe Road from the east line of the right-of-way for State Highway 146 to the Harris County Flood Control District drainage easement, a distance of approximately 1,328 feet, 0.25 miles. (b) The twenty (20) miles per hour speed limit established in this section shall be in effect on days when 1) schoolclasses arein session and 2)when appropriate signage giving notice thereof is erected at theentrance point of the schoolzone. Such signage shall state that the maximum speed limit is twenty (20) miles per hourand indicate the times during which the school zone is in effect or operation, or alternatively, shall state that the maximum speed limit is twenty (20) miles per hourwhen lights are flashing and shall be accompanied by a flashing beacon or light during the times the schoolzone is in effect or operation. (c) School zone hours for the school zones listed in this section are hereby established as follows:between 7:00 a.m. and 9:00 a.m., and between 2:00 p.m. and 4:00 p.m., Monday through Friday, on days in which school classes are in session; except for those school zones described insubsections (a)(5), (a)(17), (a)(18), (a)(19), (a)(20), (a)(21), and (a)(24) of this section, which shall have school zone hours in effect between 7:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 5:00 p.m., and subsection (a)(28) of this section, which shall have school zone hours in effect between 7:00 a.m. and 4:00 p.m. All schools open all year shall be additionally signed "all year." (d) School zone signs equipped with flashing beacons or lights in lieu of posted school zone hours, may be activated anytime school classes are in session, including but not limited to use for summer school hours and for use during early dismissals or other special school functions. A school zone activated in this manner is enforceable under the terms of this ordinance notwithstanding the fact that it is outside of the school zone hours established in the preceding paragraph. (e) It shall be an affirmative defense to a charge of exceeding the speed limit in a school zone as established in this section, if on the day in question there were no school classes in session at the specific designated school zone. Section 3 . 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 amisdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDREDDOLLARS ($200.00). Section 4. 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 separately passed without any other provision, and if any provision 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: June 22, 2015 Source of Funds: Requested By: Traci Leach Account Number: Department: Administration Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits: Proposed Agreement Budgeted Item: YES NO SUMMARY & RECOMMENDATION In January 2015, the Fire Department received new Self Contained Breathing Apparatuses (SCBA) and they were officially placed into service in February 2015. With the new air packs in service, the Fire Department now has out of service air packs that will be no longer used for firefighting. These packs can no longer be used for LPFD firefighting due to NFPA new standards. For aspiring firefighters, San Jacinto College offers the Fire Protection Technology Program, which has been one of the best training programs in the Houston area and consistently has nearly 100 percent of the graduating students pass the Texas Commission on Fire Protection written certification exam. This program meets and exceeds all State requirements for paid/career firefighters and provides additional fire-related education and certification opportunities as well as courses in general education. The addition of these old air packs, mainly used for parts, would greatly enhance the programming and training offered through this program and the City would directly benefit, as many of the graduates of this program stay in the area and become paid and volunteer firefighters. The City and San Jacinto College have maintained a dialogue about the possibility to conveying the retired SCBA’s to the College for use in the Fire Protection Technology Program. The attached agreement provides for the transfer of the SCBAs to the College for educational purposes. The College commits to use the SCBAs exclusively for educational/training purposes for a period of 5 years and assumes all responsibility for the air packs, including maintenance and repair. After the 5 year period has been satisfied, the College may dispose of the equipment as it sees fit. Action Required by Council: Consider approval or other action authorizing the Mayor to execute an agreement between San Jacinto College and the City of La Porte for the transfer of obsolete Self Contained Breathing Apparatus. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 13, 2015July 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Eric EnseyEric EnseySource of Funds:Source of Funds: Requested By:Requested By: Account Number:Account Number: Planning & DevelopmentPlanning & Development Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. Ordinance Ordinance--Clean VersionClean Version 2. Ordinance Ordinance-- Marked Version Marked Version 3. P&Z Recommendation Letter P&Z Recommendation Letter SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS On November 10, 2014, the City Council approved an ordinance adopting a comprehensive modification On November 10, 2014, the City Council approved an ordinance adopting a comprehensive modification to Chapter 106 (Zoning) of the Cityto Chapter 106 (Zoning) of the City’’s Code of Ordinances, as recommended by the Planning and Zoning s Code of Ordinances, as recommended by the Planning and Zoning Commission. During the CouncilCommission. During the Council’’s discussion, there were three items that the Council directed the s discussion, there were three items that the Council directed the Commission to further review and bring back with a recommendation. These items were discussed by Commission to further review and bring back with a recommendation. These items were discussed by the Planning and Zoning Commission at various meetings over the past few months, with a formal the Planning and Zoning Commission at various meetings over the past few months, with a formal recommended ordinance approved at the June 18, 2015, meeting.recommended ordinance approved at the June 18, 2015, meeting.   The following is a brief summary of each item addressed based on previous discussion and direction.The following is a brief summary of each item addressed based on previous discussion and direction. 1. (Section 106 (Section 106--801, 802, 803)801, 802, 803) Tree PreservationTree Preservation An exclusion was added for individual singleAn exclusion was added for individual single--family lots (Section 106family lots (Section 106--801). 801). \[No modification was made to the requirement for a tree survey or tree disposition plan (Section \[No modification was made to the requirement for a tree survey or tree disposition plan (Section 106-802). No change was made to the cost of tree replacement, which is $50 per inch, with a cap 802). No change was made to the cost of tree replacement, which is $50 per inch, with a cap of $100,000 (Section 106of $100,000 (Section 106--803)\].803)\]. 2. (Section 106 (Section 106--511(c))511(c)) Outdoor Storage in Main Street DistrictOutdoor Storage in Main Street District A definition of A definition of ““outdoor storageoutdoor storage””was added to Section 106was added to Section 106--1 (Definitions). As drafted, this 1 (Definitions). As drafted, this definition only relates to nondefinition only relates to non--residential properties. No modifications are proposed for the residential properties. No modifications are proposed for the prohibition of outdoor storage in the Main Street Overlay between Highway 146 and Virginia Street prohibition of outdoor storage in the Main Street Overlay between Highway 146 and Virginia Street (Section 106(Section 106--511). This will remain and is clarified with the new definition of 511). This will remain and is clarified with the new definition of ““outdoor storage.outdoor storage.” Sec. 106Sec. 106--1. Definitions.1. Definitions. Outdoor storage means the stockpiling, collection, or display of any products, materials, Outdoor storage means the stockpiling, collection, or display of any products, materials, equipment, appliances, vehicles not in service and/or personal property of any kind, typically not equipment, appliances, vehicles not in service and/or personal property of any kind, typically not in a fixed position and capable of rearrangement. This does not include inin a fixed position and capable of rearrangement. This does not include in--service vehicles that service vehicles that are on display in association with a vehicle sales, rental or leasing facility. are on display in association with a vehicle sales, rental or leasing facility.      The language in Section 106The language in Section 106--773 (Exterior storage) addresses residential properties. The only 773 (Exterior storage) addresses residential properties. The only proposed modification to this section is to add a reference requiring screening from any public proposed modification to this section is to add a reference requiring screening from any public right-ofof--way.way. (106 (106--877)877)  3.Temporary SignageTemporary Signage Language was added to allow for sandwich board signs in the Main Street District with Overlay only, Language was added to allow for sandwich board signs in the Main Street District with Overlay only, provided that such signs be located in a safe manner and removed at the close of business each day.provided that such signs be located in a safe manner and removed at the close of business each day. An exclusion was added for governmental signs.An exclusion was added for governmental signs. Action Required of Council:Action Required of Council:  Conduct public hearing and consider approval or other action on a recommendation by the Planning  Conduct public hearing and consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an ordinance amending Chapter 106 and Zoning Commission to approve an ordinance amending Chapter 106 ““ZoningZoning””of the Code of of the Code of Ordinances of the City of La Porte by adding a new definition, and revising regulations related to exterior Ordinances of the City of La Porte by adding a new definition, and revising regulations related to exterior storage, tree preservation, and temporary signs.storage, tree preservation, and temporary signs. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerCorby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDateDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 13, 2015July 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: General FundsGeneral Funds R.J. DavidsonR.J. DavidsonSource of Funds:Source of Funds: Requested By:Requested By: 001.9092.524.6021001.9092.524.6021 Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number: Department:Department: $66,190.00$66,190.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Amount Other: TBDTBD Requested:Requested: AttachmentsAttachments : : Budgeted Item:Budgeted Item:YESYESNONO 1. List of Dangerous Buildings List of Dangerous Buildings 2. Dangerous Building Inspection Reports Dangerous Building Inspection Reports 3. PowerPoint Presentation on Buildings PowerPoint Presentation on Buildings SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Dangerous Building Inspection Board, as established by Sect. 82The Dangerous Building Inspection Board, as established by Sect. 82--472 of the City472 of the City’’s Code of s Code of Ordinances, is composed of the Deputy Building Official (R.J. Davidson), the Fire Chief (Mike Boaze) Ordinances, is composed of the Deputy Building Official (R.J. Davidson), the Fire Chief (Mike Boaze) and the Fire Marshal (Clif Meekins). and the Fire Marshal (Clif Meekins).  The Board has identified Ten (10) locations that are a public nuisance and hazard as described in Sect. The Board has identified Ten (10) locations that are a public nuisance and hazard as described in Sect. 82-473 of the City473 of the City’’s Code of Ordinances.  Whenever the Board determines violations under this section s Code of Ordinances.  Whenever the Board determines violations under this section exist, the building or structure is considered exist, the building or structure is considered ““dangerous or substandarddangerous or substandard””. .  Council is being asked to review the BoardCouncil is being asked to review the Board’’s findings and then authorize a public hearing for the s findings and then authorize a public hearing for the purpose of possible condemnation and subsequent demolition of the structures.  Staff is requesting an purpose of possible condemnation and subsequent demolition of the structures.  Staff is requesting an August 24, 2015 public hearing date. August 24, 2015 public hearing date. August 24, 2015 public hearing date. August 24, 2015 public hearing date.  The Finance Department has confirmed Acct.  #001The Finance Department has confirmed Acct.  #001--90929092--524524--6021 has $66,190.00 in budgeted funds.6021 has $66,190.00 in budgeted funds. Action Required of Council:Action Required of Council: Consider approval or other action to publish a public hearing date of August 24, 2015 for consideration Consider approval or other action to publish a public hearing date of August 24, 2015 for consideration of ten (10) dangerous buildings, as defined by Section 82of ten (10) dangerous buildings, as defined by Section 82--473.473. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate SUBSTANDARD BUILDING LIST (Summer 2015 Group) 204 N. Forrest Ave. 1) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #035-208-005-0018 Legal Description: Blk. 5; Lot 8; Sylvan Beach First Subdivision Improvements: $ 31,942.00 Taxes Owed: $ 0 0.00 Mowing/Clean-up: $ Utility Billing: Active account $39.19 th 402 S. 15 St. 2) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #024-102-089-0030 Legal Description: Blk. 789; Lots 17 thru 32 La Porte Improvements: $ 66,045.00 Taxes Owed: $ 0 0.00 Mowing/Clean-up: $ Utility Billing: $ 0- not active as of 9/24/12 (write off) th 313 S. 7 St. 3) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #023-162-019-0007 Legal Description: -8; La Porte- Harris County Improvements: $ 36,598.00 Taxes Owed: $ 0 180.68 \[75.00 (SB fee) + .68 (interest) + 105.00 (admin fee)\] Mowing/Clean-up: $ Utility Billing: $ 0- not active as of 3/12/09 (write off) 203 Bay Oaks Dr. 4) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #063-022-010-0010 Legal Description: Blk. 10; Lots 10-13; Bay Oaks an addition in Harris County Improvements: $ 45,314.00 Taxes Owed: $ 0 0.00 Mowing/Clean-up: $ Utility Billing: Active account $39.19 nd 422 S. 2 St. 5) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #023-155-000-0020 Legal Description: inclusive Blk. 10; Lots 20-22; Town of La Porte Improvements: $ 33,766.00 Taxes Owed: $ 0 0.00 Mowing/Clean-up: $ Utility Billing: $ 0- not active as of 1/05/09 (write off) Substandard Building List, Summer 2015 Page 2 th 201 N. 7 St. 6) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #023-198-068-0017 Legal Description: Blk.68; Lots 17, 18, 19, 20; La Porte Improvements: $ 16,000.00 Taxes Owed: $ 0 0.00 Mowing/Clean-up: $ ACTIVE 4-27-15 & COLLECTION 9-30-13 Utility Billing: th 514 N. 5 St 7) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #023-216-004-0009 Legal Description: Blk. 104; Lots 9 & 10; La Porte Harris County Improvements: $ 39,495.00 Taxes Owed: $ 0 455.47 \[343.00 (mowing) + 7.47 (interest) + 105.00 (admin fee)\] Mowing/Clean-up: $ Utility Billing: $ o- not active as of 6/02/08 (write off) th 302 N. 7 St. 8) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #023-203-078-0014 Legal Description: Blk. 78; Lots 14, 15, & 16; La Porte Improvements: $ 25,551.00 Taxes Owed: $ 0 0.00 Mowing/Clean-up: $ Utility Billing: $ 0- not active as of 2/26/13 (write off) st 626 N. 1 St. 9) (Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #024-037-027-0003 Legal Description: Blk. 327; Lots 3-4; Town of La Porte- Harris County Improvements: $ 17,803.00 Taxes Owed: $ 0 161.45 \[160.00 (mowing) + 1.45 (interest)\] Mowing/Clean-up: $ TERMINATED 4-30-13 Utility Billing: $ 0- th 330 S. 5 St. 10) ( Single Family Dwelling in an R-1, Low-Density Residential Zone) HCAD: #023-162-018-0017 Legal Description: Blk. 18; Lots 17, 18, & 19; La Porte Improvements: $ 13,614.00 Taxes Owed: $ 0 Mowing/Clean-up: $ 121.08 \[120.00 (mowing) + 1.08 (interest)\] Utility Billing: $ 0- TERMINATED 9-18-14 th 201 N. 7 St. A Voluntary Consent Form has been filed on this property. Therefore, no Dangerous Building Inspection Form is included in the packet for this property. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 13, 2015July 13, 2015AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/AN/A Dave MickDave MickSource of Funds:Source of Funds: Requested By:Requested By: Account Number:Account Number: Public WorksPublic Works Department:Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO AttachmentsAttachments : : 1. WCA's May 29 Letter Request WCA's May 29 Letter Request 2. WCA's Increased Item Cost Summary WCA's Increased Item Cost Summary 3. Executed 2013 City/WCA Contract Executed 2013 City/WCA Contract 4. WCA's June 29 Email Confirmation of WCA's June 29 Email Confirmation of November 1st dateNovember 1st date SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS City Council received a request from the CityCity Council received a request from the City’’s commercial solid waste contractor, WCA, for s commercial solid waste contractor, WCA, for consideration of a 5% fee increase for the next contract year.   WCAconsideration of a 5% fee increase for the next contract year.   WCA’’s May 29 letter request is s May 29 letter request is attached.    The City of La Porte has an exclusive franchise agreement with WCA to collect containerized The City of La Porte has an exclusive franchise agreement with WCA to collect containerized (dumpster) commercial solid waste within the city limits.   The current agreement (dumpster) commercial solid waste within the city limits.   The current agreement -- authorized by City authorized by City Council on August 12, 2013 with an effective date of November 1, 2013 Council on August 12, 2013 with an effective date of November 1, 2013 -- is a five is a five--year agreement with a year agreement with a provision for a threeprovision for a three--year extension upon the mutual consent of City Council and WCA.  year extension upon the mutual consent of City Council and WCA.   The executed agreement between the city and WCA included a 2013 fee schedule that, according to the The executed agreement between the city and WCA included a 2013 fee schedule that, according to the The executed agreement between the city and WCA included a 2013 fee schedule that, according to the The executed agreement between the city and WCA included a 2013 fee schedule that, according to the contract terms, is subject to an annual cost of living increase based on the Consumercontract terms, is subject to an annual cost of living increase based on the Consumer’’s Price Index s Price Index –all Urban consumers (CPIUrban consumers (CPI--U).  The 2013 fees were increased on November 1, 2014 by an amount equal to U).  The 2013 fees were increased on November 1, 2014 by an amount equal to the increase in the CPIthe increase in the CPI--U the previous year U the previous year -- 2.0%.  2.0%.  The change in the CPIThe change in the CPI--U index for the 12U index for the 12--month period considered for this next contract year beginning month period considered for this next contract year beginning November 1, 2015 is November 1, 2015 is --0.2%.  WCA submitted information other than the CPI0.2%.  WCA submitted information other than the CPI--U for the CityU for the City’’s s consideration including a summary of WCAconsideration including a summary of WCA’’s increased costs for labor, equipment and insurance over s increased costs for labor, equipment and insurance over the prior two years (also attached).    the prior two years (also attached).     Staff has considered the information provided by WCA.  Still the contract terms provided in Section Staff has considered the information provided by WCA.  Still the contract terms provided in Section 13.04 read:  ““The unit cost for container collection is subject to a rate increase provided by Sections The unit cost for container collection is subject to a rate increase provided by Sections 13.03 and 13.05 only.13.03 and 13.05 only.””    Of the two sections referenced in the prior sentence, Section 13.03 provides for Of the two sections referenced in the prior sentence, Section 13.03 provides for an annual cost of living increase equal to the change in CPIan annual cost of living increase equal to the change in CPI--U, and Section 13.05 sets a cap for any U, and Section 13.05 sets a cap for any cost increase at 5% and provides for additional considerations of increased government regulatory fees cost increase at 5% and provides for additional considerations of increased government regulatory fees added in the previous year.  According to the contract condition provided in Section 13.04, a fee added in the previous year.  According to the contract condition provided in Section 13.04, a fee increase is to be based on an increase in CPIincrease is to be based on an increase in CPI--U. U.  Other Considerations: Other Considerations:  WCA’s May 29 letter indicates that the requested 5% price increase would take effect August 1, s May 29 letter indicates that the requested 5% price increase would take effect August 1, 2015.  The WCA General Manager revised the effective date to November 1, 2015 by email (see 2015.  The WCA General Manager revised the effective date to November 1, 2015 by email (see exhibit). exhibit).  WCA was selected for the current contract based on their qualifications, interviews, references WCA was selected for the current contract based on their qualifications, interviews, references and price.  WCAand price.  WCA’’s original proposal price was 3.3% below the seconds original proposal price was 3.3% below the second--low contractor, Republic low contractor, Republic Services, and 11.0% lower than the thirdServices, and 11.0% lower than the third--low proposal price.  After the proposal prices were low proposal price.  After the proposal prices were submitted, WCA later agreed to contribute $12,500 per year to the citysubmitted, WCA later agreed to contribute $12,500 per year to the city’’s annual household s annual household hazardous waste day event, or $62,500 total over the initial fivehazardous waste day event, or $62,500 total over the initial five--year contract term.  WCA has year contract term.  WCA has also donated supplies to various other city events. also donated supplies to various other city events.  WCA provides a summary of increased costs.   Staff does not know if decreased fuel costs (30% WCA provides a summary of increased costs.   Staff does not know if decreased fuel costs (30% from April 2013 to April 2015 approximately) were considered.from April 2013 to April 2015 approximately) were considered. WCA indicates a 16% increase in tonnage of waste disposed over the prior two years.  Staff have WCA indicates a 16% increase in tonnage of waste disposed over the prior two years.  Staff have been unable to verify increase in tonnage or corresponding revenue increase. been unable to verify increase in tonnage or corresponding revenue increase.  The Producers Price Index (PPI) Solid Waste component increased 1.81% from April 2014 to The Producers Price Index (PPI) Solid Waste component increased 1.81% from April 2014 to April 2015.  This is the same timeframe considered for the CPIApril 2015.  This is the same timeframe considered for the CPI--U escalation clause in this next U escalation clause in this next contract year.    contract year.     Action Required of Council:Action Required of Council: Consider approval or other action of staffConsider approval or other action of staff’’s recommendation to deny the fee increase request submitted s recommendation to deny the fee increase request submitted by WCA, based on failure to meet requirements set forth in the contract. by WCA, based on failure to meet requirements set forth in the contract.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Council Agenda Item July 13, 2015 9. (a) Receive report of the Drainage and Flooding Committee Councilmember Clausen *********************************************************************************** Council Agenda Item July 13, 2015 10. ADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, July 16, 2015 City Council Meeting, Monday, July 27, 2015 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 Leonard, Engelken, Earp, Clausen, Martin, Kaminski, Zemanek and Mayor Rigby 12. EXECUTIVE SESSION The City 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, in accordance with the authority contained in: Texas Government Code, Section 551.074 – Personnel Matter: Deliberations concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: City Manager Corby Alexander. Texas Government Code, Section 551.087(1) – Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for development of residential dwellings in City northside. Texas Government Code, Section 551.087(1) – Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for residential and commercial development near Bay Area Blvd. Texas Government Code, Section 551.087(1) – Deliberation regarding Economic Development Negotiations: Meet with City Manager and City Attorney to discuss property developer proposal for mixed use residential and commercial complex in City eastside. Texas Government Code, Section 551.071(2) – Consultation with Attorney: Meet with City Attorney and City Manager to discuss effect of Obergefell vs. Hodges decision on City employment policies and procedures. 13. RECONVENE into regular session and consider action, if any, on items(s) discussed in executive session. 14. ADJOURN