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Home My WebLink About01-14-13 Regular Meeting of La Porte City Council LOUIS R. RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Mayor Pro-Tem, Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held January 14, 2013,beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION – The invocation will be givenbyFather Gary Rickles, St. Mary’s Catholic Church. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiancewill be led by Councilmember Mike Mosteit. 4.PRESENTATIONS, PROCLAMATIONSand RECOGNITIONS (a) Presentation – Citizen’s Life Saving Award – Gina McGee and Public Safety Personnel - Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutesper person.) 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on December 10, 2012 – P. Fogarty (b) Consider approval or other action regarding an ordinance authorizing the Mayorto execute an Interlocal Agreement with Harris County, Texasfor furnishing, installing and maintenance of traffic signal preemption equipment – R. Nolen (c) Consider approval or other action regarding an Ordinance authorizing the Mayor to execute an Interlocal Agreement with the State of Texas acting through the Texas Department of Transportation for furnishing, installing and maintenance of traffic signal preemption equipment – R. Nolen (d) Consider approval or other action awarding Bid # 13007for two excavators– D. Mick (e) Consider approval or other action authorizing the City Manager to execute a purchase agreement for the purchaseof oneTYMCO Model 600 Regenerative Air Sweeper – D. Mick (f) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the alley in Block 436, Town of La Porte and authorizing the execution and delivery of a deed to the adjoining landowner – T. Tietjens (g) Consider approval or other action regarding a Resolution adopting Local Fair Housing Policies and Practices – T. Tietjens (h) Consider approval or other action regarding a Resolution adopting a Fair Housing Complaint Procedure – T. Tietjens (i) Consider approval or other action regarding a Change Order to the contractor Purchase Order for Lifeguarding Services – S.Barr 7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or other action authorizing the City Manager to execute an agreement with Contract Land Staff for Professional Right-of-Way Acquisition Services in the amount of $68,688.00 – J. Garza (b) Consider approval or other action regarding an Ordinance appointing members to the Board of Directorsof the La Porte Fire Control, Prevention, and Emergency Medical Services District – P. Fogarty (c) Consider approval or other action regarding an Ordinance adopting revisions to the City of La Porte Employee Policies Handbook to clarify and update Section 8.06, relating to Retiree Medical Benefits – K. Anderson (d) Consider approval or other action regarding a Resolution supporting the current appointment process of Port of Houston Authority Commissioners – Mayor Rigby 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the construction of Sens Road – C. Alexander (b) Discussion or other action regarding a Resolution opposing any legislation increasing the maximum transport truck haul weights on roadways within the City of La Porte, including a Heavy Haul Corridor – Councilmembers Zemanek, Moser and Kaminski 9.REPORTS (a) Receive Delinquent Tax Report – Mayor Rigby 10. ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation BoardMeeting, Monday, January 21, 2013 City Council Meeting, Monday, January 28, 2013 11. COUNCIL COMMENTS regarding matters appearing onthe agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– Councilmembers,Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek,Leonard,Engelken, and Mayor Rigby. 12. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regarding former Parks and Wildlife Building and adjoining lots. 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 14. ADJOURN I n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the January 14,2013,agenda of items to be considered by the City Council was posted on the City Hall bulletin board on January 8, 2013. Patrice Fogarty, City Secretary Council Agenda Item January 14, 2013 1.CALL TO ORDER 2.INVOCATION – The invocation will be given by Father Gary Rickles, St. Mary’s Catholic Church. 3.PLEDGE OF ALLEGIANCE – The Pledge of Allegiance will be led by Councilmember Mike Mosteit. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Presentation – Citizen’s Life Saving Award – Gina McGee and Public Safety Personnel – Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) *********************************************************************************** City of La Porte Council Meeting January 14, 2013 Presentation La Porte Citizen, Gina McGee, Citizens Lifesaving Award & Lifesaving Awards for all (10) public safety personnel involved. Presenters: Mayor Louis R. Rigby & EMS Chief Ray Nolen (Part 1) Participants: Gina McGee, Julio Lopez & Family On Sunday, December 2, 2012, at approximately 4:10pm, Julio Lope playing with his children at the Little Cedar Bayou Parkin La Porte when without any warning, he collapsed. His heart went into sudden cardiac arrest and his breathing completely stopped. Gina McGee, a bystander that was also enjoying the park with her children on this day, noticed that Mr. Lopez had suddenly collapsed and was lying unresponsive on the ground. Mrs. McGee immediately ran over to where Mr. Lopez was lying as she simultaneously called 911 on her cell phone. Mrs. McGee was then able to determine through her previous CPR training that Mr. Lopez was not breathing and did not have a pulse. At this point, Mrs. McGee had established communications with the 911 operator and t decision was quickly made for Mrs. McGee to begin CPR. Mrs. McGebegan administering CPR and continued her efforts for approximately 8 minutes before the arrival of first responders and paramedics. Upon arrival, first responders and paramedics assessed Mr. Lopez and determined that he was still in full cardiac arrest. Mr. Lopez was defibrillated a total of two times and administered cardiac resuscitation drugs in an effort to restore a pulse. After several minutes of aggressively attempting to resuscitate Mr. Lo return of a spontaneous pulse was announced by paramedics at 4:3 Mr. Lopez was then taken to a local hospital where he was treated and later released with what is expected to be a full recovery. Tonight, Gina McGee is being awarded the Citizens Lifesaving Award for administering CPR to Mr. Lopez during his medical emergency, thus saving his life. Ginas ability to properly identify this medical emergency and calmly perform CPR, produced a successful outcome and aided in preserving a human life. Please join me in congratulating Gina McGee for receiving the Citizens Lifesaving Award as a token of our appreciation and gratitude fo outstanding and brave performance as a citizen. *Present Citizens Lifesaving Award (Part 2) At this time I would now like to recognize the public safety personnel that responded to the 911 call to assist Mr. Lopez by presenting eachyou with a Lifesaving Award. As I call your name, please come forward to be presented your aw then remain up front for a group photo. Please join me in congratulating these men and women for receiving the Lifesaving Award and for the high level of performance demonstraby their actions on December 2, 2012. Thank you - (Presentation Concluded) Council Agenda Item January 14, 2013 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 ofthese items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on December 10, 2012 – P. Fogarty (b) Consider approval or other action regarding an ordinance authorizing the Mayor to execute an Interlocal Agreement with Harris County, Texas for furnishing, installing and maintenance of traffic signal preemption equipment – R. Nolen (c) Consider approval or other action regarding an Ordinance authorizing the Mayor to execute an Interlocal Agreement with the State of Texas acting through the Texas Department of Transportation for furnishing, installing and maintenance of traffic signal preemption equipment – R. Nolen (d) Consider approval or other action awarding Bid # 13007 for two excavators– D. Mick (e) Consider approval or other action authorizing the City Manager to execute a purchase agreement for the purchase of one TYMCO Model 600 Regenerative Air Sweeper – D. Mick (f) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the alley in Block 436, Town of La Porte and authorizing the execution and delivery of a deed to the adjoining landowner – T. Tietjens (g) Consider approval or other action regarding a Resolution adopting Local Fair Housing Policies and Practices – T. Tietjens (h) Consider approval or other action regarding a Resolution adopting a Fair Housing Complaint Procedure – T. Tietjens (i) Consider approval or other action regarding a Change Order to the contractor Purchase Order for Lifeguarding Services – S. Barr *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Mayor Pro Tem Councilmember District 4 Councilmember At Large A JAY MARTIN DOTTIE KAMINSKI Councilmember District 5 Councilmember At Large B MIKE CLAUSEN MIKE MOSTEIT Councilmember District 6 Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE DECEMBER 10, 2012 Monday,December 10, 2012, The City Council of the City of La Portemet in aregular meetingonat the 6:00 p.m City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:02 p.m. Members of Council present: CouncilmembersZemanek, Engelken, Leonard, Kaminski, Martin, Clausenand Moser.Absent: Councilmember Mosteit. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant City Attorney Clark Askins. 2. INVOCATION -The invocation was given byCouncilmember Jay Martin. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Chuck Engelken. 4. PUBLIC COMMENTS (Limited to five minutesper person.) Barbara Norwine,202 S. LobitStreet, – Ms. Norwine thanked Council for their services to the city and wished them and their families a Merry Christmas and a Happy New Year. Ms. Norwine also distributed homemade gingerbread and chocolate cookies to Council. Mike Shannahan, 200 S. Virginia, addressed Councilregarding improvements in parking and traffic flowat Five Points Plaza. John Joerns, 814 Hackberry, addressed Council regarding health care benefits for retirees. David Darby, 10908 Bois D’Arc, with the Police Department addressedCouncil regarding with concerns of costsfor retiree insurance. Martha Gillett, 2601 S. Broadway #27, addressed Councilregardingconcerns on rising costs for health care benefits for retirees. Sherman Moore, 1607 Willow View, addressed Council and advised he is one of the five retirees affected with a significant increase in health care benefits and requested Council to review and change the policy to reflect past practices. 5.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on November 12, 2012 – P. Fogarty Page 1 of 9 December 10, 2012, City Council Meeting Minutes (b) Consider approval or other action to order a fire truck with an additional 1.5percent cost ($6,500.00) for acquisition of safety equipment – M. Boaze (c) Consider approval or other action amending FiscalYear 2012 outstanding purchase orders – M. Dolby (d) Consider approval or other action regarding a change order for equipment procurement and installation of Fire Station No. 1 security and access systems – M. Boaze (e) Consider approval or other action authorizing the City Manager to sign an Intergovernmental Agreement with Houston-Galveston Area Council (H-GAC) for a regional DWI Task Force grant – K. Adcox (f) Consider approval or other action awarding Bid # 13003 for City vehicles – D. Mick (g) Consider approval or other action awarding Bid # 13006 for heavy trash trucks – D. Mick Regarding Consent Item 5c,amending Fiscal Year 2012 outstanding purchase orders, City Manager Corby Alexander clarified there is an error on the agenda request; and the GeneralFund amount should reflect $30,003.22 and not $10,579.22. Councilmember Engelkenmoved to approve the Consent Agendapursuant to recommendations by MOTION PASSED. staff.Councilmember Leonardseconded. Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Zemanek, Kaminski, Clausen, Leonard, and Moser Nays: None Absent:Councilmember Mosteit 6.PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendations of the Planning and Zoning Commission for proposed regulations allowingAccessory Structures without Primary Structure/Use within the Large Lot district – T. Tietjens City Council opened the public hearing at 6:22p.m., regarding recommendations of the Planning and Zoning Commission for proposed regulations allowing Accessory Structures without Primary Structure/Use within the Large Lot district – T. Tietjens Planning Director Tim Tietjens presented a summary. Phillip Hoot, 927 Seabreeze, addressed Council in favor of proposed regulations allowing Accessory Structures without Primary Structure/Use within the Large Lot district. City Council closed the public hearing at 6:25p.m. (b) Consider approval or other action regarding an ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by allowing Accessory Structure, Use or Building without required Principal Structure on the same property for tracts one acre or larger and located in the Large Lot zoning district – T. Tietjens 2012-3453 Councilmember Zemanekmoved toapprove ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by allowing Accessory Structure,Useor Building without required Principal Structure on the same property for tracts one acre or larger and MOTION PASSED. located in the Large Lot zoning district. Councilmember Martinseconded. Page 2 of 9 December 10, 2012, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken, Leonard, Clausen, Martin and Moser Nays: None Absent:Councilmember Mosteit 2012-3453 Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ALLOWING ACCESSORY STRUCTURE, USE OR BUILDING WITHOUT REQUIRED PRINCIPAL STRUCTURE ON THE SAME PROPERTY FOR TRACTS ONE ACRE OR LARGER AND LOCATED IN LARGE LOT ZONING DISTRICT; 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 THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. (c) Public hearing to receive comments regarding recommendations of the Planning and Zoning Commission to approve Rezone Request #12-92000002, from Business Industrial rd (BI) to Light Industrial (LI) for existing facility located at 3000 North 23Street – T. Tietjens City Council opened the public hearing at 6:26p.m., regarding recommendations of the Planning and Zoning Commission to approve Rezone Request #12-92000002, from Business Industrial rd (BI) to Light Industrial (LI) for existing facility located at 3000 North 23Street. Planning Director Tim Tietjens presented a summary.There were no public comments. City Council closed the public hearing at 6:28p.m. (d) Consider approval or other action regarding an ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning classification from rd Business Industrial (BI) to Light Industrial (LI) for property located at 3000 North 23Street - T. Tietjens 2012-3454 Councilmember Mosermoved toapprove Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning classification from Business rd Industrial (BI) to Light Industrial (LI) for property located at 3000 North 23Street. Councilmember MOTION PASSED. Zemanekseconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken, Leonard, Clausen, Martin and Moser Nays: None Absent:Councilmember Mosteit 2012-3454 Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM BUSINESS INDUSTRIAL (BI) TO LIGHT INDUSTRIAL (LI) FOR A 4.30 ACRES (187,308 SQ. FT.) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATEHEREOF. (e) Public hearing to receive comments regarding recommendations of the Planning and Zoning Commission to approve Rezone Request #12-92000003, from Low Density Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood Road – T. Tietjens City Council opened the public hearing at 6:30p.m., regarding recommendations of the Planning andZoning Commission to approve Rezone Request #12-92000003, from Low Density Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood Road. Page 3 of 9 December 10, 2012, City Council Meeting Minutes Planning Director Tim Tietjens presented a summary. J. B. Williamson, 820 W. Main, addressed Council on behalf of Mr. Don Giffin, Sr., owner of the proposed property and in favor of rezoning the property. City Council closed the public hearing at 6:35p.m. (f) Consider approval or other action regarding an ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning classification from Low Density Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood Road – T. Tietjens 2012-3455 Councilmember Leonardmoved toapprove ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning classification from Low Density Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood MOTION PASSED. Road. Councilmember Martin seconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken, Leonard, Clausen, Martin and Moser Nays: None Absent:Councilmember Mosteit 2012-3455 Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (GC) FOR A 0.663 ACRE (28,886 SQ. FT) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7.AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or other action regarding an ordinance adopting an update to the Comprehensive Plan of the City of La Porte that includes revision to Map 2.1, Revitalization Areas, upon recommendation of the Planning and Zoning Commission – T. Tietjens Planning Director Tim Tietjens presented a summary. Mayor Rigby asked, if the item is approved as presented and if, forwhatever reason,Mariposa does not build, will it restrict the use for anything else in the future? Planning Director Tim Tietjens responded, no, the use itself is defined by the rezoning processes; and potential areas are defined in revitalization efforts. 2012-3456 Councilmember Clausenmoved toapprove Ordinance adoptingan update to the Comprehensive Plan of the City of La Porte that includes revision to Map 2.1, Revitalization Areas, upon positive recommendation of the Planning and Zoning Commission.Councilmember Martin MOTION PASSED. seconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Zemanek, Engelken, Leonard, Clausen, Martin and Moser Nays: None Absent:Councilmember Mosteit (b) Consider approval or other action authorizing the City Manager or his designee to send a letter of support for the proposed Mariposa at Pecan Park apartment project for senior adultsto be locatedalong Canada Road – T. Tietjens Page 4 of 9 December 10, 2012, City Council Meeting Minutes Planning Director Tim Tietjens presented a summary. Councilmember Engelkenmoved toauthorize the City Manager or his designee to send a letter of support for the proposed Mariposa at Pecan Park apartment project for senior adults to be located MOTION PASSED. along Canada Road. Councilmember Zemanekseconded. Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek, Kaminski, Clausen, Martin and Moser Nays: None Absent:Councilmember Mosteit 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the report from the Citizens’ Charter Review Advisory Commission – P. Fogarty City Secretary Patrice Fogarty introduced Chuck Harrington, the Chairman of the Citizens’ Charter Review Advisory Commission, who providedaPowerPoint presentation and proceeded to discuss proposed amendmentsto the Charter. Councilmember Engelken moved to direct staff to move forward withballot language for the May MOTION PASSED. Election. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek, Kaminski, Clausen, Martin and Moser Nays: None Absent:Councilmember Mosteit (b) Discussion or other action regarding health care benefits for retirees – C. Alexander City Manager Corby Alexander presented a summary regarding health care benefits for retirees. Mayor Rigby commented there was a great deal of information provided to Council for review, but there has never been a definitive cost placed in the budget specifically for dependent coverage since his employment with the City or as a Councilmember. Mayor Rigby also commented consultants had provided Council with the cost the City would pay for dependent health care benefits. Councilmember Engelken commented the calculations the retirees were given should be honored because they made a decision to retiree based on what they were told by Human Resources. Councilmember Zemanek commentedthat when he reviewed information provided by the City, it was alarming that with one offered plan, from 2007 to 2013, the employee cost went down 16 percent but when adding dependent coverage, it went from 17.22percent of dependent coverage to 120percent.Councilmember Zemanek also commented he had never seen dependent coverage 120percent of primary coverage; and a he felt this is where the issues arewith retirees, specifically in the future;the numbers are not fair or accurate. Mayor Rigby asked Councilmember Zemanek if hewas referring to the cost for dependent premiums vsemployee premiums. Councilmember Zemanek responded that based on the spreadsheetprovided by staff, in 2007 the 500 Plan cost for employee was $670.00 a month, and now it is $562.00 a month;and dependent coveragefor employee and spouse in 2007 was $111.00 a month;and now it is$675.00 a month. Councilmember Martin commented he agrees with Councilmember Engelkeninthat it is not fair for the City to tell retirees the healthcare cost they were given when they retired is no longer being honored,and the cost will be increasing.Councilmember Martin commented the City owesit to the five affected retirees to make things right, becausethey made a decision to retire after seeking the City’s advice and opinion. Councilmember Martin also commented he would be interestedin Page 5 of 9 December 10, 2012, City Council Meeting Minutes reviewing the Medical Insurance Fund for future stability and to see if there are changesCouncil should be looking at. City Manager Corby Alexander responded, as discussed during the budget process, due to the rise in health care cost, there will need to be means of identifying how the fund will be able to sustain itself over time; but the issue being discussed is a separate issue. Councilmember Engelken moved to direct staff to have retiree dependent health care coverage remain the same as before “the letter went out,” andbased on what current employees pay for dependent health care coverage; and if the numbers change in the future, retirees’ numbers will MOTION PASSED. also change.Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Leonard, Zemanek, Kaminski, Clausen, Martin and Moser Nays: None Absent:Councilmember Mosteit City Manager Corby Alexander advised Council the city would communicate with all of the affected retirees and assure they know the outcome as well as communicate with all retirees that they will pay the active employee rate for dependent coverage. City Attorney Clark Askins commented an ordinance to amendthat chapter of the Personnel Manual will be presented in January to provide clarificationin the Manual. (c) Discussion or other action regarding Planning Department Audit – C. Alexander City Manager Corby Alexander introduced Consultants Alan Mueller and Ron Cox; and they provided an update on the operational audit of the Planning Department. Mr. Muellerdiscussed the Organizational Culture/Mission & Goals, and the methodology used.A final report will be in January or February 2013.Tonight’s report is an interim report; and, overall, they are on schedule. Mr.Coxcommented it is common tofocus on the negative aspects with these types of reports, but henotedthere were many positive comments provided by the focus groups, and working with staff has been a pleasure. Staff was very receptive to the process and eager to determine areas where customer service may be enhanced. In analysis, they separate the causes from the symptoms, and are cautious to not rush to conclusions. They determined if there is an external negative conception, what is the internal cause? From a findings and observations perspective, there are Process themes and also Organizational themes. There are quite a lot of processing steps to get from the application through final permit issuance. Software Naviline is very cumbersome to use with notmany efficiencies of process; but there may be some fixes or alternatives to implement in order to lessen cumbersome processes. Regarding site plan review, they heard from most customers that it is very frustrating. They did a flow chart review on steps for a site plan review. They were able to analyze the process and believe there are some efficiencies that canbeinstituted to help with this. Regarding the general permitting process, there are many redundancies; and the Naviline system is a part of the burden. Contractors had some great ideas on how to streamline the process, and they believe many of these can be implemented. Regarding Code Enforcement, what they heard was really on a policy level. There were a couple of competing concepts – thatlaws should be enforced equally vs. implementing a plan to focus more onselected hot spots. Page 6 of 9 December 10, 2012, City Council Meeting Minutes Another policy related issue comes about throughout the permitting process – when different inspectors come on the job throughout the process, it may make some itemshave to be re-done because one inspector finds something another inspector didn’t find. It is a policy related issue as to whether the City wants one inspector assigned to a particular job for the entire job. If that’s the case, then each inspector would need to be licensed in all disciplines, and expertly understand the workings of all areas, such as electrical, piping, plumbing, building, etc. It is a policy issue for the City to determine if it wishes to go that route. He stated the focus groups were very candid, and provided very interesting perspectives. With this in mind, they tried to determine the organizational culture of the department. They received positive and negative comments. In the area of communications, there is a disconnect from city staff to external customers to acquireupdated information on the progress of permitting a job. There is no software access on the web that will allow customers to get an update, and they may have to call 3 and 4 times to be connected with the proper person.All departmental staff needs to be more communicative otherexternal customers and those staff membersaffected on projects. Councilmember Zemanek requested clarification that necessary software is not available to provide answers to customers, and also questionedthe cost of better software. Mr. Mueller responded those are issues; he could notprovide cost on software due to not specializing in computers, but Mueller Management would be able tosuggest work flow and process improvements for individuals working with new or the existing software. Councilmember Zemanek requested clarification on the difference of opinions of Councilmembers on economic developmentand the affect on the operation of the Planning Department. Mr. Mueller responded it was the opinion of the focus group that a better understanding of Council’s economic development philosophy would be helpful to staff to ensure Council’s direction is achieved. Mayor Rigby requested City Manager Alexander confirm the Naviline software is being utilized as intended.He stated he would. Councilmember Leonard commented he hopesstaff has never felt they’ve been admonished based on Council not always being in agreement. Councilmember Leonard believesif staff has those feelings, theystemfrom Council sometimes asking tough questions and staff not always having answers. (d) Discussion or other action regarding amended budgets and projects for inclusion in the upcoming quarterly budget amendment – T. Leach Assistant City Manager Traci Leach presented a summary regarding amended budgets and projects for inclusion in the upcoming quarterly budget amendment. Councilmember Leonard suggested staff continue with the Lomax Arena Improvements. Mayor Rigby questioned if the La Porte Development Corporation Board had agreed to fund Project Nebula. City Secretary Patrice Fogarty responded yes. Councilmember Martin questioned what would be purchased with the $1,000,000.00for Emergency Preparedness. City Manager Alexander responded back-up generation for Pump and Lift Stations. Assistant City Manager Traci Leach provided the following re-cap: The La Porte Development Corporation Board would be presented a request for additional funding for the Lomax Arena Improvements; staff would begin preliminary assessments for restoration of the First African American School;staff will incorporate thegenerator list into the budget;and thenCouncil may wish to laterdiscuss restoration efforts on the BATTLESHIP TEXAS. Page 7 of 9 December 10, 2012, City Council Meeting Minutes 9.ADMINISTRATIVE REPORTS (a) Receive report from City Manager Christmas Holidays,Monday, December 24, 2012, and Tuesday, December25, 2012 City Council Meeting, Monday, January 14, 2013 Fiscal Affairs Committee Meeting, Monday, January 21, 2013 City Council Meeting, Monday, January 28, 2013 Utility billing kiosk City Manager Corby Alexander provided Administrative Reports. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– CouncilmembersEngelken, Mosteit, Clausen, Martin,Moser, Kaminski, Zemanek,Leonard,and Mayor Rigby. Councilmembers Engelken, Leonard, Clausenand Kaminskiwished everyone a Merry Christmas and a Happy New Year; Councilmember Clausen expressed appreciation to the Citizens’ Charter Review Advisory Commission; Councilmember Martin recognized city employees and firefighters that received service awards and expressed appreciation to the Citizens’ Charter Review Advisory Commission; Councilmember Moser shared the news of the passing of Ms. Rita Zabrowski; Councilmember Zemanekwished everyone a Happy Holiday Season, requested Council bring back a resolution in opposition of the Heavy Haul Corridor and shared thetragic news of theloss of Patrol Officer Jeff Tippitt’s son and requested his family be remembered in everyone’s prayers; and Mayor Rigby commented Christmas on Main Street was well attended, andit gets larger every year; he attended the Port of Houston Meeting, and the Norwegian Cruise Line looks positive for the City; he attended a meeting at the Economic Alliance and spoke to Commissioner Morman’s Chief of Staff Dave Walden and was informed the widening of Sens Road will be going out for bids in six weeks with thefour-lane curb and gutter widening Council recommended and a possibility of there being enough money to complete the project with federal funds used for evacuation routes. Mayor Rigbyrecognized City Secretary Patrice Fogarty on the honor of an educational scholarship (Patrice Fogarty Athenian Dialogue Scholarship) being named after her. 11.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to the following: Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regarding former Parks and Wildlife Building and adjoining lots. Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager City Council recessed the regular meeting to convene an executive session at 8:16p.m. to discuss former Parks and Wildlife Building and adjoining lots; and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager. Page 8 of 9 December 10, 2012, City Council Meeting Minutes 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 8:54p.m. Council directed staff to seek appraisal valuesfor former Parks and Wildlife Building and adjoining lotsand bring back to Council. 13.ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:55p.m. Respectfully submitted, _______________________________ Patrice Fogarty, City Secretary Passed and approved on January 14, 2013. ________________________________ Mayor Louis R. Rigby Page 9 of 9 December 10, 2012, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:January 14, 2013 Source of Funds: Requested By: Ray Nolen Account Number: Department: EMS Amount Budgeted: Report: Resolution: Ordinance:X Amount Requested: Exhibits:Inter-local Agreement with Harris County for Traffic Signal System Access for Preemption Budgeted Item:YESNO Exhibits: “Exhibit A” OpticomGPS Project Plan SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date Contract No _____________ THE COUNTY OF HARRIS § THE CITY OF LA PORTE § AGREEMENT FOR THE FURNISHING, INSTALLING AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT THIS AGREEMENT is made by and between Harris County, hereinafter called the “County”, and the City of La Porte, hereinafter called the “City”, acting by and through its duly authorized officers. W I T N E S S E T H WHEREAS , the Countyowns and maintains a system of highways and roadways in the City pursuant to TexasTransportation Code section 201.103; and WHEREAS , the City or its contractor has requested to install emergency vehicle preemption systems at the locations listed on Exhibit Ato this Agreement; WHEREAS , the Countyand the City are in agreement that the proposed systemwill be installed; NOW,THEREFORE , in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A G R E E M E N T DEFINITIONS A. "VEHICLE AUTHORIZATION" is a system function that enables the EVP SYSTEM to receive requests for (EVP) emergency vehicle preemption from an authorized emergency vehicle. Without authorization, the emergency vehicle will not receive priority treatment. B. "HARRIS COUNTY ATMS SYSTEM" is the arterial traffic management system that is utilized to manage and monitor ITS devices. This system also archives all traffic signal controller timing parameters and is capable of making remote, real-time modifications to the local controller databases and timing parameters. C. "EVP CENTRAL SYSTEM" - Owned by City of La Porte. This is the EVP central control software that provides the interface for remote configuration of EVP intersection control units, archives EVP LOCAL CONTROL SYSTEM configuration settings and collects preemption and incident data into a central database. D. "EVP LOCAL CONTROL SYSTEM" - Owned by City of La Porte. Includes all active and passive electronic devices, hardware, wiring, communications medium, and software that is housed in mobile or stationary field devices and used to enable remote configuration of the EVP intersection control units and/or to interface with and request priority treatment from the HARRIS COUNTY ATMS SYSTEM. This definition specifically precludes hardware and software owned by Harris County that is used to assign vehicular right-of-way for non- emergency response conditions and/or for providing remote communications local traffic control systems and the HARRIS COUNTY ATMS SYSTEM. Page 1 of 6Revised 12/20/2012 Contract No _____________ E. "EVP NETWORK" - Owned by City of La Porte. Includes all hardware and software components that is used to establish a wireless network between mobile emergency response units and stationary intersection control systems for the purpose of communicating preemption requests between Harris County's intersection traffic control systems. This definition specifically precludes hardware and software owned by Harris County that is used to assign vehicular right-of-way for non-emergency response conditions and/or for providing remote communications local traffic control systems and the HARRIS COUNTY ATMS SYSTEM. F. HCPID: Harris County Public Infrastructure Department G. ATMS: Advanced Traffic Management System H. ITS: Intelligent Transportation System ARTICLE 1. CONTRACT PERIOD This agreement becomes effective on final execution by the Countyand shall remain in effect as long as said traffic signal preemption equipment is in operation at the described locations. ARTICLE 2.PROCUREMENT A. Harris County agrees that all equipment procured by the City shall remain the sole property of the City, unless otherwise agreed to by both parties. B. The City agrees that theCounty shall have no responsibility, in whole or in part, for procurement of the software, equipment, and/or services related to the cost, installation, upgrade, or operation and maintenance of the EVP system. C. The City agrees to fund all procurement, installation, and integration activities associated with the EVP System and Network Components on County Roads. D. Considerations for system deployment included: The ability of the City to financially support the capital and ongoing O&M investment associated with the deployment. ARTICLE 3.INSTALLATION A. The City agrees that the EVP System proposed for installation by the City must be submitted to HCPID for review and approval/disapproval. B. It is expressly understood by both parties that no personal vehicles will be authorized or otherwise allowed to access the system. C. The County agrees that all EVP system components, EVP software, and EVP communications equipment procured by the City shall not be used for any other purpose except as agreed upon by the City. D. The City agrees to coordinate all EVP improvements with HCPID. E. The City agrees that all deployments will be implemented in a manner that minimizes impact on mobility during emergency response situations. F. The County agrees to review and approve/disapprove the City written requests to deploy an EVP system to determine whether or not the deployment proposed would balance regional mobility and emergency service response needs. G. The City agrees to provide a written request, detailing the locations proposed for improvements. The request included: 1. List of targeted locations with an installation schedule. 2. Map showing targeted locations. 3. Drawings and written specifications for each improvement. 4. Written plan for demonstrating device interoperability. 5. Vehicle identifications that meet the requirements of Section 20. Page 2 of 6Revised 12/20/2012 Contract No _____________ H. The City agrees to provide advance notification to HCPID prior to any proposed installation of intersection related EVP equipment and/or software. I. The City agrees to provide advance notification to HCPID prior to any proposed modification of intersection related EVP equipment and/or software. J. The City agrees that installation of intersection related EVP equipment and/or software will occur only in the presence of a County employee designated by the County Engineer. K. The City agrees that during activities related to the installation of intersection related EVP equipment and/or software, direction from the County employee designated by the County Engineer as having responsible charge SHALL be followed. L. The City agrees that the County may install EVP intersection equipment, servers, and intersection software provided by theCity. M. The City agrees that configuration of all EVP system components and software that are used to modify traffic signal timing parameters shall be performed exclusively by or under the direction and supervision of the County. ARTICLE 4. COMPENSATION No compensation shall be paid for this agreement. ARTICLE5.INTEGRATION A. The City agrees that the County staff would be allowed to remotely manage the system through the existing Houston TranStar (EVP System) and the County ITS Communications network. B. Considerations for system deployment include: -The ability to remotely manage the system through Houston TranStar communications networks and computer systems would be provided. -The ability of the proposed EVP equipment to be integrated into existing County systems. ARTICLE 6.SYSTEM MAINTENANCE A. Considerations for system deployment included: -The City's commitment to adhere to the process of operating, maintaining, and troubleshooting system components. -The Cityagrees to supply replacement equipment in response to EVP system component malfunctions in a manner that is timely as possible. B. The Cityagrees that the County would be able to inactivate all or part of the EVP System in the event that the deployment does not meet the requirements upon which the deployments were based. C. The City agrees that the County would have no responsibility for maintenance of the EVP infrastructure. D. The City agrees that, as a condition of continued operation of the EVP System, the City would procure, support,operate, and maintain all System and Network components in a manner that would initiate requests for emergency vehicle preemption to theCounty traffic signals. Activities specifically covered by this statement include coordination and administration of all procurements associated with: -EVP System software components. -EVP System hardware components. -EVP System networking and/or communications infrastructure. -Vendor services required to make the EVP system operational and function as approved by the County Engineer. Page 3 of 6Revised 12/20/2012 Contract No _____________ ARTICLE 7. RESPONSIBILITIES OF THE PARTIES A. The City agrees that HCPID could withhold activation of EVP system components until the EVP system, in whole or in part, passes a detailed Acceptance Test Plan approved by the County Engineer. B. Both parties agree that the EVP CENTRAL SYSTEM will, as a minimum, be capable of producing reports that summarize (1) the System ID for the vehicle requesting preemption, (2) the associated incident ID and incident description sent from theLa Porte Communications Center, and (3) the intersection preemption record compiled by the EVP CENTRAL SYSTEM in a format that is acceptable to theCounty, for each preemption request. C. Both parties agree that the purpose of this report would be to allow monitoring of the EVP NETWORK to insure that requests for EVP are associated with legitimate requests to provide emergency response. D. Both parties agree that the incident related information described above would be compiled in a format acceptable to theCounty for the purpose of evaluating adherence to the proper use of the system. E. Both parties agree that the EVP CENTRAL SYSTEM would identify any vehicle that requests and receives priority treatment but is not associated with an active incident as an exception. F. The City agrees that HCPID will notified of any new vehicles added to the EVP system prior to activation of these vehicles on the EVP system. G. The City agrees that system wide upgrades to embedded firmware or software must be approved/disapproved by theCounty Engineer prior to procurement by the City, in order to insure that integrity between the traffic control systems and EVP systems is maintained. H. The City agrees that system wide upgrades to embedded firmware or software must be approved/disapproved by the County Engineer prior to procurement by the City, in order to insure that the use of the EVP components by other emergency service providers is coordinated. I. The City agrees that no vehicle shall be allowed to access the EVP system until the City submits (for review and approval/disapproval by the County Engineer) a list of vehicles authorized to access the EVP system. Vehicle identification information to be provided for each vehicle shall include: -The serial number of the vehicles in-vehicle EVP mobile unit. -The vehicle type of each vehicle (see List X for approved vehicle types). -The agency vehicle ID for each vehicle. -The VIN# of each vehicle. J. Both parties agree to participate in mediation, led by the Harris County Fire Marshal, in the event disputes or difficulties arise in the implementation of this agreement. K. Both parties agree that the EVP system will use the list of emergency response vehicles to pre-authorize each agency's vehicles and authenticate them at each intersection that is equipped with the EVP system. L. Both parties agree that emergency vehicles not approved by the County Engineer will not be able to access the EVP system. M. The City agrees to coordinate with the Harris County Fire Marshal to evaluate each and every exception on a regular basis, not less than semi-annually, to determine if "exceptions" identified in the system were associated with legitimate requests to provide emergency services. N. The City agrees that the County could request exception reports at any time, but not more than monthly. Page 4 of 6Revised 12/20/2012 Contract No _____________ O. The City agrees that any suspected malfunctions of EVP field devices located within a County intersection traffic signal control system would be communicated to HCPID at 713-881-3210. P. The County agrees to identify and provide a single point of contact to the City and its vendor(s) to resolve any issues (including those related to warranty and repairs) for EVP system components. Q. The City agrees that the County may provide on-call technical support for EVP system components located within the intersection and/or at Houston TranStar R. The City agrees to provide training to the County as a prerequisite to configuration, deployment, implementation, and/or utilization of the EVP system. S. Notwithstanding any other provision of this agreement, nothing herein shall be construed as a contractual obligation of either the County or the City to expend funds, and no failure to expend funds shall be considered a breach of contract, the only remedies of either party being those specifically set forth herein. T. Harris County agrees to give the City of La Porte a minimum of 30 days notice for any modifications, maintenance, improvements to signalized intersections listed in Exhibit A that could effect the operations of the City’s existing EVP systems. ARTICLE8.TERMINATION This agreement may be terminated by one of the following conditions: A. The Cityagrees that failure of the City to maintain EVP components in a working manner would be grounds for theCounty to disconnect the system components that were not being maintained, and/or request the removal of said components. B. The City agrees that they would remove a disconnected device within 180 days of receiving a request from the County. C. The City agrees that incompatibility of the system with the manner in which the County intends to operate its roadway systems is grounds for termination of this agreement. D. The County agrees to notify the City of any default to this Agreement. The City has sixty (60) days to cure any alleged defaults. The City may request an extension of time to resolve any issues. If an extension is not granted by the County, the termination process may commence. E. TheCounty agrees that the City could deactivate the system with a minimum of 10 days notice. F. By either party upon thirty(30) days written notice to the other. ARTICLE 9. NOTICES All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the : following respective addresses City:County: Page 5 of 6Revised 12/20/2012 Contract No _____________ All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 10. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties’ obligations under this agreement must be filed in Harris County, Texas. ARTICLE 11. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. IN WITNESS WHEREOF , the Countyand the City have signed duplicate counterparts of this agreement. THE CITY OF LA PORTE Executed on behalf of the City by: By_________________________________ Date__________________________ Typed or Printed Name and Title_________________________________________ _________________________________________ THE COUNTY OF HARRIS Executed on behalf of the Countyby: By_________________________________ Date__________________________ _________________________District Engineer Page 6 of 6Revised 12/20/2012 EXHIBIT - A City of La Porte, TX Project Plan GTT Opticom GPS for TXDOT & Harris County signalized intersections Dec 11, 2012 Table of Contents: I.Introduction II.Project Description III.List of Intersections IV.Map of Intersections V.Vehicle Descriptions VI.Technical Functionality VII.Area Municipalities I. Introduction TXDOT & Harris Countyrequires that use of Emergency Vehicle Preemption (EVP) at intersections provide a minimum amount of disruption to signal timing as possible. City of La Porte will install GTT Opticom GPS technology at the TXDOT & Harris County controlled intersections into its EVP program which will meet the requirements of TXDOT & Harris County . II. Project Description and Phases of implementation City of La Porte will purchase, install and manage GTTs Opticom GPS for EVP purposes at TXDOT & Harris County managed signalized intersections. The system is to be utilized by City of La Porte. Phase I Installation of EVP Hardware at seven (7) intersections and in four (4) EMS vehicles Phase II Installation of CMS for centralized reporting to Houston Tran Star City of La Porte will phase in more intersections and more emerg fiscal years until a satisfactory level of both is attained. III. Intersections to be installed with EVP are as follows: 1.Spencer @ Bay Area Blvd. Harris County 2.Spencer @ Underwood Harris County 3.Spencer @ SH 146 TXDOT 4.Spencer @ Driftwood TXDOT 5.Spencer @ Farrington TXDOT 6.Spencer @ Myrtle Creek - TXDOT 7.Spencer @ Canada - TXDOT IV. Locations Map V. Vehicle Descriptions Total of (4) vehicles of City of La Porte will be equipped with EVP technology. 1.EMS - Type I Ambulance (M.I.C.U.) Unit # 1183 2.EMS - Type I Ambulance (M.I.C.U.) Unit # 1184 3.EMS - Type I Ambulance (M.I.C.U.) Unit # 1186 4.EMS SUV Response Vehicle ( Supervisor) Unit # 1180 VI. Opticom GPS Technical Functionality and interoperability with Ha and Houston Tran Star Controller Integration Concept The Opticom" M764 Phase Selector will provide a new capability to emulate a v report preemption inputs to the Siemens controller over Ethernet C800 and C900 Controllers. The M764 can be configured as 4 different video detectors. Each detector is assoc phase selector channels (A,B,C,D). Each detector can be configu can be configured either as a preemption (high priority) or prioy (transit or low priority) output. The virtual loop associated with the output can be configured to tri a fixed distance from the intersection, or both. The phase selec activity every second to the controller. The loop will activate when a vehicle of the appropriate priorit intersection and either of the conditions, ETA or distance, is m latched until the call is cleared. A check out point is associated with the end of map, normally the stop bar. When the vehicle reaches this point outputs associated with this vehicle are cleared. The diagram below shows a representation of 3 virtual loops and the check ou top of a GPS approach map. Intersection Radio SiemensM764 Phase ControllerSelector Ethernet Long ShortMedium Check Out Arrival Intersection ArrivalArrival GPS Approach Map Time TimeTime The following is a simple block diagram of the proposed system. 2.4 GHz M1020M1010 VehicleRadio ModuleUnit Ethernet M764 PhaseSiemens Controller Selector The M1020 vehicle unit broadcasts its identity, GPS location, he second to the M1010 radio unit at the intersection. The list of M764 phase selector for evaluation. Using pre-programmed criteria, the phase selector determines the approach channel and distance to the intersection. Using the rep intersection is then calculated. Again using pre-programmed criteria, the proximity is evaluated using both the distance and the ETA against a list of thresholds for the approach on which the vehic (high for EVP and low for TSP) is used to identify the appropria one of these thresholds then a detector input is reported to the controller. Centralized Authentication, Data Collection and Reporting GTTs Central Management Software (CMS) in its current configurat selector at the intersection to monitor preemption status, provi maintenance and provisioning and extraction of call records from current method of monitoring is via polling of the phase selectossing via scheduled jobs and live access via a graphical user interface ar Authentication is currently accomplished in the system via means agency, class and ID of the vehicle unit as a key to access pree intersection. Coding is available as static lists of code ranges specified and via scheduled time plans that allow smaller sets o specific times during the day. Up to 100 additional code ranges The preferred medium for communication is via a TCP/IP network. communications protocol to communicate with the phase selectors. City of La Porte EMS will install a communications network for intersection to intersection connectireporting for Houston Tran Star. Reporting capability is supported in the product. Standard repor information are pre-configured in the product. Custom reporting capability is also a VII. Area Municipalities The following area municipalities currently have emergency vehicle preemption (EVP) systems in place: Deer Park Baytown Pasadena Webster League City Pearland Texas City REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:January 14, 2013 Source of Funds: Requested By: Ray Nolen Account Number: Department: EMS Amount Budgeted: Report: Resolution: Ordinance:X Amount Requested: Exhibits:Inter-local Agreement with TXDOTfor Traffic Signal System Access for Preemption Budgeted Item:YESNO Exhibits: “Exhibit A” Opticom GPS Project Plan SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date Contract No _____________ THE STATE OF TEXAS § THE CITY OF LAPORTE § AGREEMENT FOR THE FURNISHING, INSTALLING AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the “State”, and the City of La Porte, hereinafter called the “City”, acting by and through its duly authorized officers. W I T N E S S E T H WHEREAS , the State owns and maintains a system of highways and roadways in the Cityof La Portepursuant to TexasTransportation Code section 201.103; and WHEREAS , the City or its contractor has requested to install emergency vehicle preemption systems at the locations listed on Exhibit Ato this Agreement; WHEREAS , the State and the City are in agreement that the proposed systems will be installed; NOW, THEREFORE , in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A G R E E M E N T ARTICLE 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal preemption equipment is in operation at the described locations. ARTICLE 2. TERMINATION This agreement may be terminated by one of the following conditions: 1)By mutual agreement of both parties; 2)By the State giving written notice to the City or its contractor as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this agreement, with proper allowances being made for circumstances beyond the control of the City or its contractor; 3)By either party upon thirty (30) days written notice to the other. ARTICLE 3. COMPENSATION No compensation shall be paid for this agreement. ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City or its contractor will use labor and supervisory personnel employed directly by the City or its contractor, and use City ownedor its contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. All materials shall be new and undepreciated stock. Traffic-Traffic_TSPEA Page 1 of 5Revised 10/31/08 Contract No _____________ C. Any necessary changes to the existing signal required to install the preemption system will be at the City’s expense. D. If it becomes necessary to adjust, replace or reinstall the preemption system due to reconstruction of the intersection or upgrading of the signals, it shall be done by the City at City expense. ARTICLE 5. INSPECTION OF WORK A. The State shall make suitable and complete inspection of all materials, and equipment, and the work of installation to determine and permit certification that the components meet all applicable requirements and are in suitable condition for operation and maintenance by the City or its contractor after its completion. All components of the system will be subject to random testing and inspections by the State. B. The City or its contractor will provide opportunities, facilities, and representative samples, as may be required, to enable the State to carry on initial and random inspections of all materials and application methods; sufficient to afford determination and certification by the State that all parts of the installation and the component materialscomply with the State standards and specifications. The State will promptly notify the City or its contractor of any failure of materials, equipment, or installation methods, and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6.RESPONSIBILITIES OF THE PARTIES The parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. State shall notbe held responsible for the operation (or non-operation) of the preempt equipment, or for any effect it may have on emergency vehicle response. ARTICLE 7.DE-ACTIVATION OF THE PREEMPT SYSTEM The State reserves the right to disconnect the preempt system from the traffic signals should any problem arise affecting the State including that the State has determined that the preemptionis being abused. The State will notify the appropriate City office of the de-activation of the preempt system. Upon correction of the problem the preempt system would be re- connected. ARTICLE 8.PREEMPTION INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install an aluminum lockable cabinet for the preemption system equipment. The preemption cabinet shall be attached to the State's traffic signal cabinet by means of a two (2) inch Myer’s hub supplied by the City or its contractor.The City or its contractor will furnish and install a Cannon type disconnect plug between the State’s traffic signal cabinet and the preemption cabinet. The State will furnish 120 volts AC power to the preemption cabinet for all auxiliary equipment. All transformation of power shall take place within the preemption cabinet. The State will allow the preemption equipment to monitor all outgoing green traffic signal indications. The preemption equipment will supply a maximum of four preemption inputs. ARTICLE 9. REPORTS Upon written request, the City will be required to supply the State with a list of preemptions. The list shall show date, time, intersection, direction, and duration of each preemption and vehicle identification information of the emergency vehicle requesting each preemption.At the request Traffic-Traffic_TSPEA Page 2 of 5Revised 10/31/08 Contract No _____________ of the State, the Local Government shall submit any information required by the State in the format directed by the State. ARTICLE 10. REMEDIES Violation or breach of contract terms by the City or its contractor shall be grounds for termination of the agreement, and any increased cost arising from the City or its contractor’s default, breach of contract, or violation of terms shall be paid for by the City or its contractor. This agreement shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. If at any time, the City or its contractor fails to assume the maintenance and operations responsibilities for the preemption systems in a satisfactory manner as determined by the State, the State reserves the right to arrange for maintenance and operations at the expense of the City or its contractor. The State shall contact the appropriate City authority prior to the arrangement for alternative maintenance. ARTICLE 11.INSURANCE The City shall provide necessary safeguards to protect the public on State-maintained highways including adequate insurance for payment of any damages which might resultduring the construction, maintenance and operation of the preemption equipment, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State’s right-of-way,the City’s construction contractor shall submit to the State a fully executed copy of the State’s form 1560 Certificate of Insurance and shall maintain the required coverage during the construction of all work associated with this agreement. ARTICLE 12.SUBLETTING The City or its contractor shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event the City or its contractor enters into subcontracts, the subcontractors must adhere to the provisions of this agreement. ARTICLE 13. SUCCESSORS AND ASSIGNS The City or its contractor shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the State. ARTICLE 14. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 15.INSPECTION OF CITY’SBOOKS AND RECORDS A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. B. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Traffic-Traffic_TSPEA Page 3 of 5Revised 10/31/08 Contract No _____________ Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds.An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 16. NOTICES All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the : following respective addresses City:State: All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 17. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties’ obligations under this agreement must be filed in HarrisCounty, Texas. ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. IN WITNESS WHEREOF , the State and the City have signed duplicate counterparts of this agreement. THE CITY OF LA PORTE Executed on behalf of the City by: Traffic-Traffic_TSPEA Page 4 of 5Revised 10/31/08 Contract No _____________ By_________________________________ Date__________________________ Typed or Printed Name and Title_________________________________________ _________________________________________ THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose andeffect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By_________________________________ Date__________________________ ________District Engineer Traffic-Traffic_TSPEA Page 5 of 5Revised 10/31/08 EXHIBIT - A City of La Porte, TX Project Plan GTT Opticom GPS for TXDOT & Harris County signalized intersections Dec 11, 2012 Table of Contents: I.Introduction II.Project Description III.List of Intersections IV.Map of Intersections V.Vehicle Descriptions VI.Technical Functionality VII.Area Municipalities I. Introduction TXDOT & Harris Countyrequires that use of Emergency Vehicle Preemption (EVP) at intersections provide a minimum amount of disruption to signal timing as possible. City of La Porte will install GTT Opticom GPS technology at the TXDOT & Harris County controlled intersections into its EVP program which will meet the requirements of TXDOT & Harris County . II. Project Description and Phases of implementation City of La Porte will purchase, install and manage GTTs Opticom GPS for EVP purposes at TXDOT & Harris County managed signalized intersections. The system is to be utilized by City of La Porte. Phase I Installation of EVP Hardware at seven (7) intersections and in four (4) EMS vehicles Phase II Installation of CMS for centralized reporting to Houston Tran Star City of La Porte will phase in more intersections and more emerg fiscal years until a satisfactory level of both is attained. III. Intersections to be installed with EVP are as follows: 1.Spencer @ Bay Area Blvd. Harris County 2.Spencer @ Underwood Harris County 3.Spencer @ SH 146 TXDOT 4.Spencer @ Driftwood TXDOT 5.Spencer @ Farrington TXDOT 6.Spencer @ Myrtle Creek - TXDOT 7.Spencer @ Canada - TXDOT IV. Locations Map V. Vehicle Descriptions Total of (4) vehicles of City of La Porte will be equipped with EVP technology. 1.EMS - Type I Ambulance (M.I.C.U.) Unit # 1183 2.EMS - Type I Ambulance (M.I.C.U.) Unit # 1184 3.EMS - Type I Ambulance (M.I.C.U.) Unit # 1186 4.EMS SUV Response Vehicle ( Supervisor) Unit # 1180 VI. Opticom GPS Technical Functionality and interoperability with Ha and Houston Tran Star Controller Integration Concept The Opticom" M764 Phase Selector will provide a new capability to emulate a v report preemption inputs to the Siemens controller over Ethernet C800 and C900 Controllers. The M764 can be configured as 4 different video detectors. Each detector is assoc phase selector channels (A,B,C,D). Each detector can be configu can be configured either as a preemption (high priority) or prioy (transit or low priority) output. The virtual loop associated with the output can be configured to tri a fixed distance from the intersection, or both. The phase selec activity every second to the controller. The loop will activate when a vehicle of the appropriate priorit intersection and either of the conditions, ETA or distance, is m latched until the call is cleared. A check out point is associated with the end of map, normally the stop bar. When the vehicle reaches this point outputs associated with this vehicle are cleared. The diagram below shows a representation of 3 virtual loops and the check ou top of a GPS approach map. Intersection Radio SiemensM764 Phase ControllerSelector Ethernet Long ShortMedium Check Out Arrival Intersection ArrivalArrival GPS Approach Map Time TimeTime The following is a simple block diagram of the proposed system. 2.4 GHz M1020M1010 VehicleRadio ModuleUnit Ethernet M764 PhaseSiemens Controller Selector The M1020 vehicle unit broadcasts its identity, GPS location, he second to the M1010 radio unit at the intersection. The list of M764 phase selector for evaluation. Using pre-programmed criteria, the phase selector determines the approach channel and distance to the intersection. Using the rep intersection is then calculated. Again using pre-programmed criteria, the proximity is evaluated using both the distance and the ETA against a list of thresholds for the approach on which the vehic (high for EVP and low for TSP) is used to identify the appropria one of these thresholds then a detector input is reported to the controller. Centralized Authentication, Data Collection and Reporting GTTs Central Management Software (CMS) in its current configurat selector at the intersection to monitor preemption status, provi maintenance and provisioning and extraction of call records from current method of monitoring is via polling of the phase selectossing via scheduled jobs and live access via a graphical user interface ar Authentication is currently accomplished in the system via means agency, class and ID of the vehicle unit as a key to access pree intersection. Coding is available as static lists of code ranges specified and via scheduled time plans that allow smaller sets o specific times during the day. Up to 100 additional code ranges The preferred medium for communication is via a TCP/IP network. communications protocol to communicate with the phase selectors. City of La Porte EMS will install a communications network for intersection to intersection connectireporting for Houston Tran Star. Reporting capability is supported in the product. Standard repor information are pre-configured in the product. Custom reporting capability is also a VII. Area Municipalities The following area municipalities currently have emergency vehicle preemption (EVP) systems in place: Deer Park Baytown Pasadena Webster League City Pearland Texas City REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 14, 2013 Vehicle Replacement Source of Funds: Fund (009) Requested By: David Mick Account Number: Various Department:Public Works Amount Budgeted:$ 90,000 Report: Resolution: Ordinance: Amount Requested: $ 78,919 Exhibits:Bid Tabulation Budgeted Item:YES Exhibits: Bidders List ExhibitsPg 6-8 from FY 12_13 Budget SUMMARY & RECOMMENDATION BIDDER BID ITEM BID BUDGETEDUSER Notes: Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date Bidders List For Council Sealed Bid #13007 – Heavy Equipment Bobcat of Houston 14525 Almeda School Road Houston, Texas 77047 WOWCO 5430 N. Hwy 146 Baytown, Texas 77523 Lansdowne Moody 8445 IH10 Houston, Texas Hi Way Equipment 6203 Long Dr. Houston TX. 77087 Waukesha – Pearce Industries, Inc PO Box 35068 Houston, Texas 77235-5068 Bane Machinery Houston, LP 505 Rankin Road Houston, Texas 77073 ROMCO Equipment Co . 8450 Breen Houston, Texas 77064 Source Management Onvia, Inc 509 Olive Way Suite 400 Seattle WA. 98101 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 14, 2013 Vehicle Replacement Source of Funds: Fund (009) Requested By: David Mick Account Number: Department:Public Works Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: $ 203,420.00 Exhibits:Cost Comparison of Street Sweeping Options Budgeted Item:FUNDS AVAILABLE - Exhibits: Survey of Other Municipalities Operations ExhibitsHGAC Buy Board Quote – TYMCO 600 Sweeper SUMMARY & RECOMMENDATION RECOMMENDED SERVICE: SELECTED EQUIPMENT: FUNDING: Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: January 14, 2013 _______N/A__________ Source of Funds: _Tim Tietjens______ Requested By: Account Number:_______N/A_________ Department: __Planning____________ Amount Budgeted: ______N/A_________ Report: _ __Resolution: ____Ordinance: _X_ Amount Requested: _______________ Budgeted Item: YES XNO Exhibits: 1.Ordinance 2.Deed 3.Area Map SUMMARY & RECOMMENDATION ________________________________________________________________________________________ Action Required of Council: _________________________________________________________________________________________ Approved for City Council Agenda __________________________________________________________ Corby D. Alexander, City Manager Date AREA MAP BLOCK 436, LA PORTE 350 PROP. ALLEY CLOSING BLOCK 436, LA PORTE (16' x 400' = 6,400 sq. ft.) 436 327 437 434 435 108 Legend Street_Alley_Closings 1 inch = 100 feet REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January14, 2012 Source of Funds:N/A Requested By: Tim Tietjens Account Number:N/A Department: Planning Amount Budgeted:N/A Report: Resolution: X Ordinance: Amount Requested: N/A Exhibit: Resolution Budgeted Item: NA SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 14, 2012 Source of Funds:N/A Requested By: Tim Tietjens Account Number:N/A Department: Planning Amount Budgeted:N/A Report: Resolution: X Ordinance: Amount Requested: N/A Exhibit: Resolution Budgeted Item:NA SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION Action Required by Council: $8,151.17 ____________________________________________________________________________________ Approved for City Council Agenda REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 14, 2013 N/A Source of Funds: Julian Garza Requested By: Account Number:N/A Department: Planning Amount Budgeted:$120,000.00 Report: _X__Resolution: _ _Ordinance: ___ Amount Requested:$68,688.00 Budgeted Item: XYES NO Exhibit: ROW Consultant AppraiserSummary Exhibit: Bidders List Proposal from Contract Land Staff Exhibit: SUMMARY Action Required by Council: _____________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, City Manager Date Bidders List For Council Sealed RFP #12509 – Professional Right-of-Way Acquisition Services Steven John Bilicek Strategic Partnerships 12695 Whittington Dr.,Suite 220 Houston, Texas77077901 S MoPac Expressway #100 Austin, Texas78746 The Brown Company Integra Realty Resources 3409 Spencer Hwy # 200 5718Westheimer #1100 Pasadena, Texas77504 Houston, Texas77057 RC Chuoke lll & Associates The Aguilar Group, Inc PO Box 1447 8178 GSRI Ave League City, Texas77574 Baton Rouge, LA 70820 Fox & Bubela Paramount Valuation Services 9977 W Sam Houston Rd Ste 160 5400 Knoll Trail Dr #202 Houston, Texas77064 Dallas, Texas 75248 Funk, William J Lewis Reality Advisors 6111 FM 1960 Rd W # 111 Houston, Texas770697600 W Tidwell #205 Houston, Texas 77040 Lewis Realty CivilTech Engineering, Inc 952 Echo Lane # 315 Houston, Texas7702411821 Telge Road Cypress, Texas77429 Murphy Appraisal Group Zacour & Associates, Inc 9219 Katy Freeway #195 Houston, Texas 77024128 Thunderbird DrSuite E El Paso, Texas79912 Schulz Edward & Company Commercial Appraisal Associates 9225 Katy Freeway 4320 Westside Dr Suite E Houston, Texas77024 Dallas, Texas75209 Deal Sikes & Associates Contract Land Staff, LLC 100 Waugh Drive Houston, Texas770278213 Ashoal Creek Boulevard,Suite 202 Austin, Texas78757 Specialty Property Appraisals LLC Spitzer + Associates, Inc 300 South Pointe Drive #2302 Miami Beach, FL 33139PO Box 303159 Austin, Texas78703 Horizonsyscom 1 SQFT.com Wall Street Ahmedabad, Gujarat 380068450 Westpark, Suite 100 Houston,Texas77063 Attakpas Land andCattle Co. Inc. 612 Bayou Tortue Road PO Box 835 Broussard, La 70518 AR/WS Texas, LP PO Box 5848 Abilene, Texas79608 AGCSETX 5458 Ave A Beaumont Texas, 77705 HalfAssociates 100 I-45 North Suite 260 Conroe Texas, 77301-2701 Prime Vendor Inc 4622Cedar Ave Wilmington NC, 28403 KDM Acquisition Services, Inc. 10200 Grogans Mill Rd., Ste 300 The Woodlands Tx, 77380 PAS Property Acquisition Services, LLC 19855 Southwest Freeway, STE 200 Sugarland Texas,77479 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested January 14,2013 Source of Funds:N/A Requested By: Patrice Fogarty Account Number:N/A Department:City Secretary Amount Budgeted:N/A Report Resolution: Ordinance: X Amount Requested: N/A Exhibit: Ordinance 2011-3365 Budgeted Item:YESNO Exhibit: Draft Ordinance for appointments SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:January 14, 2013 Source of Funds: N/A Requested By:Katherine Anderson Account Number: N/A Department: Human Resources Amount Budgeted:N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibit:Section 8.06 Retiree Medical Benefits Budgeted Item:YESNO (as revised in 2011) Exhibit: Redlined Section 8.06 Retiree Medical Benefits Exhibit: Clean Section8.06 Retiree Medical Benefits Exhibit: April 25, 2011 Agenda Item SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date 2011revisionofSec.8.06 RedlinedVersion 8.06 Retiree Medical Benefits The following persons are eligible for retiree medical coverage: City employees who retire from City of La Porte employment who have a combination of years of service with the City of La Porte, plus age, totaling 80; and who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 consecutive years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Retirees with Thirty (30) or More Years of Service If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemployed by a new employer, and who subsequently separate employment from the new employer, a one-time deferral shall be allowed whereby the retiree may rejoin the City of La Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a spouse as a dependent at the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as a retiree participant under the one time deferral may include their spouse as a dependent, consistent with allowances made under Federal COBRA law. The Retiree and dependent coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer. City employees meeting the eligibility requirements for disability retirement under the Texas Municipal Retirement System Act and havebeen declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. Medicare Eligible Retirees The coverage will be secondary for those retirees and retirees’ dependents who are Medicare eligible. Death of an Employee An employee who would have otherwise qualified for Retiree Medical Coverage, but dies prior to their retirement, will be allowed to continue coverage for dependents who were covered at the time of the Retiree’s death under this policy until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children dependent childrenfinancially dependent upon the covered retiree isturn2526years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Death of a Retiree If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried dependentchildren financially dependent upon the covered retiree isturn2526years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; Or other children for whom you have care, custody and control under court decree. Grandchildren if they are listed as dependents on your tax return. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 2526Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. Premiums The City of La Porte utilizes a self-fundedmedical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The Total Plan Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions. The Total Plan Cost, as that term is used in this chapter defined here, is defined asthe cost for theEmployee Only coverage, including the employee and employer contributions,as approved each year by budget,andbut does not include the dependent coverage anticipatedportion of employee and employer contributions. Costs to the retiree shall be based on a cost schedule determined by years of service, outlined Employee oOnly below. Under this schedule, a retiree pays a percentage of the total plan costfor e coverage, based on years of service, but paysandthe entire cost of dependent coveragethe active employee rate for dependent coverage, regardless of years of service. th of the month of coverage. One Retirees shall pay all required contributions to the City by the 15 annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member’s participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. Years of ServicePercentage Retiree Pays 60% of the Total Plan Cost+dependent coverageactive 20 employee rate for dependent coverage 55% of the Total Plan Cost + active employee rate for 21 dependent coveragedependent coverage 50% of the Total Plan Cost + active employee rate for 22 dependent coveragedependent coverage 45% of the Total Plan Cost + active employee rate for 23 dependent coveragedependent coverage 40% of the Total Plan Cost + active employee rate for 24 dependent coveragedependent coverage 35% of the Total Plan Cost + active employee rate for 25 dependent coveragedependent coverage 30% of the Total Plan Cost + active employee rate for 26 dependent coveragedependent coverage 25% of the Total Plan Cost + active employee rate for 27 dependent coveragedependent coverage 20% of the Total Plan Cost + active employee rate for 28 dependent coveragedependent coverage 15% of the Total Plan Cost + active employee rate for 29 dependent coveragedependent coverage 30Active Employee/Dependent Rate COBRA Coverage for Retirees As mandated by Texas Local Government Code Chapter 175, City employees meeting eligibility requirements under the Texas Municipal Retirement System Act to receive retirement benefits, may, regardless of age or years of service with the City, purchase at their own expense, the combined City and employee cost of continued health benefits coverage for the employee and the employee’s dependents, unless the employee is eligible for group health benefits coverage through another employer. To purchase continued health benefits coverage the employee must inform the City of their election not later than the day on which the employee retires from the City. A person who elects to purchase continued coverage who subsequently discontinues coverage, is no longer eligible for coverage; likewise, a dependent for whom coverage is discontinued is no longer eligible for continued coverage. A person who was not covered under the employee’s plan at the time of retirement is not eligible for continued coverage. The City may substitute Medicare supplemental health benefits coverage as the coverage provided to a retiree under this section, including a dependent, after the date the retiree becomes eligible for federal Medicare benefits. Ex.Atoproposed2013Ordinance 8.06 Retiree Medical Benefits The following persons are eligible for retiree medical coverage: City employees who retire from City of La Porte employment who have a combination of years of service with the City of La Porte, plus age, totaling 80; and who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 consecutive years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Retirees with Thirty (30) or More Years of Service If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemployed by a new employer, and who subsequently separate employment from the new employer, a one-time deferral shall be allowed whereby the retiree may rejoin the City of La Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a spouse as a dependent at the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as a retiree participant under the one time deferral may include their spouse as a dependent, consistent with allowances made under Federal COBRA law. The Retiree and dependent coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer. City employees meeting the eligibility requirements for disability retirement under the Texas Municipal Retirement System Act and have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. Medicare Eligible Retirees The coverage will be secondary for those retirees and retirees’ dependents who are Medicare eligible. Death of an Employee An employee who would have otherwise qualified for Retiree Medical Coverage, but dies prior to their retirement, will be allowed to continue coverage for dependents who were covered at the time of the Retiree’s death under this policy until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any dependent childrenturn26 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Death of a Retiree If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitledto Medicare, or until any dependentchildren turn26years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; Or other children for whom you have care, custody and control under court decree. Grandchildren, if they are listed as dependents on your tax return. Dependent children remain eligible until age 26.Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. Premiums The City of LaPorte utilizes a self-funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The Total Plan Cost, as that term is used in this chapter, isdefined asthe cost for Employee Only coverage, including the employee and employer contributions, as approved each year by budget, but does not include the dependent coverageportion ofemployee and employer contributions. Costs to the retiree shall be based on a cost schedule determined by years of service, outlined below. Under this schedule, a retiree pays a percentage of the total plan costfor Employee Only coverage, based on years of serviceandthe active employee rate for dependent coverage, regardless of years of service. th of the month of coverage. One Retirees shall pay all required contributions to the City by the 15 annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member’s participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. Years of ServicePercentage Retiree Pays 60% of the Total Plan Cost + active employee rate for 20 dependent coverage 55% of the Total Plan Cost + active employee rate for 21 dependent coverage 50% of the Total Plan Cost + active employee rate for 22 dependent coverage 45% of the Total Plan Cost + active employee rate for 23 dependent coverage 40% of the Total Plan Cost + active employee rate for 24 dependent coverage 35% of the Total Plan Cost + active employee rate for 25 dependent coverage 30% of the Total Plan Cost + active employee rate for 26 dependent coverage 25% of the Total Plan Cost + active employee rate for 27 dependent coverage 20% of the Total Plan Cost + active employee rate for 28 dependent coverage 15% of the Total Plan Cost + active employee rate for 29 dependent coverage 30Active Employee/Dependent Rate COBRA Coverage for Retirees As mandated by Texas Local Government Code Chapter 175, City employees meeting eligibility requirements under the Texas Municipal Retirement System Act to receive retirement benefits, may, regardless of age or years of service with the City, purchase at their own expense, the combined City and employee cost of continued health benefits coverage for the employee and the employee’s dependents, unless the employee is eligible for group health benefits coverage through another employer. To purchase continued health benefits coverage the employee must inform the City of their election not later than the day on which the employee retires from the City. A person who elects to purchase continued coverage who subsequently discontinues coverage, is no longer eligible for coverage; likewise, a dependent for whom coverage is discontinued is no longer eligible for continued coverage. A person who was not covered under the employee’s plan at the time of retirement is not eligible for continued coverage. The City may substitute Medicare supplemental health benefits coverage as the coverage provided to a retiree under this section, including a dependent, after the date the retiree becomes eligible for federal Medicare benefits. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested January 14, 2013 Source of Funds:N/A Requested ByMayor Louis R. Rigby Account Number: Department: Council Amount Budgeted: Report Resolution: X Ordinance: Amount Requested: Exhibit:Resolution to 2012 Sunset Advisory Commission supportingcurrent appointment process of Port of Houston Budgeted Item:YESNO Authority Commissioners Exhibits: SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION Action Required by Council: ____________________________________________________________________________________ Approved for City Council Agenda REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 14, 2013 Source of Funds:N/A Requested By: Councilmembers Zemanek, Moser, and Kaminski Account Number: Department: Council Amount Budgeted: Report Resolution: X Ordinance: Amount Requested: Exhibit:Resolution Opposing Heavy HaulCorridor Budgeted Item:YESNO SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION ction Required by Council: Approved for City Council Agenda Council Agenda Item January 14, 2013 10.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Monday, January 21, 2013 City Council Meeting, Monday, January 28, 2013 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, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, and Mayor Rigby. 12.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regarding former Parks and Wildlife Building and adjoining lots. 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item January 14, 2013 14. 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