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HomeMy WebLinkAbout06-10-13 Regular Meeting of La Porte City Council LOUIS R. RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro-Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held June 10, 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 givenbyBrian Christen,La Porte Community Church. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiancewill be led by Councilmember Jay Martin. 4.ELECTION–RELATED ACTIONS (a) Administer the Oath of Office to re-elected Councilmembers Tommy Moser, District 4; Jay Martin, District 5; and John Zemanek, At Large A – Judge Denise Mitrano 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 regularCity Council meeting held on May13, 2013 and special City Council meeting held on May 14, 2013 – P. Fogarty (b) Consider approval or other action awarding Bid # 13016 for Annual Mowing Services – J. Garza (c) Consider approval or other action authorizing the City Manager to sign a contract with Bay Area Houston Economic Partnershipfor economic development services – C. Alexander (d) Consider approval or other action awarding RFP # 13507 for Debris Monitoring Services – J. Suggs (e) Consider approval or other action authorizing Mayor Rigby to sign a letter on behalf of City Council in support of the Baytown Carver High School Recognition & Preservation Society’s nomination of the late John Willie Peoples and the late Roy Atmer Hutchins for induction into the Texas High School Coaches Association Hall of Honor – Mayor Rigby (f) Consider approval or other action regarding renewal of an agreement with AT&T for OPT-E-Man services –J. Suggs 7.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Continue Public Hearing from February 25, 2013, to receive comments from the public regarding condemnation of one (1) substandard building located at 3031 S. Broadway (Old Highway 146) – J. Garza (b) Consider approval or other action of an Ordinance condemning thestructure located at 3031 S. Broadway (Old Highway 146) – J. Garza 8. AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action authorizing supplemental down payment assistance for the three homes in Phase One of the Northside NeighborhoodIV Program – T. Tietjens (b) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the West “D” Street Right-of-Way between the west right-of-line of State Highway th 146-South and the west right-of-way line of South 11Street (abandoned),approve a Public Utility & Drainage Easement and authorize the execution and delivery of a deed to the adjoining landowner – T. Tietjens 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding emergency generators – D. Pennell/J. Suggs (b) Discussion or other action regarding retail and market study from Catalyst Commercial – S. Livingston (c) Discussion or other action regarding closure of right of way encroachments within the City of La Porte – Councilmembers Zemanek,Kaminski and Moser 10. REPORTS (a) Receive report of La Porte Development Corporation Board – Councilmember Engelken (b) Receive report of Federal Emergency Management Agency (FEMA) Draft Maps – T. Tietjens 11. ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Community Civic Club Juneteenth Festivities, June 14-16, 2013 City Council Meeting, Monday,June 24, 2013 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees,and upcoming events; inquiry of staff regarding specific factual information or existing policies– CouncilmemberMartin, Moser, Kaminski, Zemanek, Leonard, Engelken,Mosteit, Clausenand Mayor Rigby. 13. EXECUTIVE SESSION The City Council reserves theright to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regardingpossible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street. Texas Government Code, Section 551.071(2) – Consultationwith city attorneyregarding legal issues related to property exchange withLPISD. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 15. ADJOURN Council Agenda Item June 10,2013 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Brian Christen, La Porte Community Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Jay Martin. 4.ELECTION–RELATED ACTIONS (a) Administer the Oath of Office to re-elected Councilmembers Tommy Moser, District 4; Jay Martin, District 5; and John Zemanek, At Large A –Judge Denise Mitrano 5.PUBLIC COMMENTS (Limited to five minutes per person.) *********************************************************************************** Council Agenda Item June 10, 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 of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on May 13, 2013 and special City Council meeting held on May 14, 2013 –P. Fogarty (b) Consider approval or other action awarding Bid # 13016 for Annual Mowing Services –J. Garza (c) Consider approval or other action authorizing the City Manager to sign a contract with Bay Area Houston Economic Partnership for economic development services –C. Alexander (d) Consider approval or other action awarding RFP # 13507 for Debris Monitoring Services –J. Suggs (e) Consider approval or other action authorizing Mayor Rigby to sign a letter on behalf of City Council in support of the Baytown Carver High School Recognition & Preservation Society’s nomination of the late John Willie Peoples and the late Roy Atmer Hutchins for induction into the Texas High School Coaches Association Hall of Honor –Mayor Rigby (f) Consider approval or other action regarding renewal of an agreement with AT&T forOPT-E-Man services –J. Suggs ************************************************************************ 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 LargeB 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 MAY13,2013 Monday, May13,2013, The City Council of the City of La Portemet in aregularmeetingonat the City 6:00p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present: CouncilmembersEngelken, Kaminski, Mosteit, Clausen, Leonard, MartinandMoser.Absent: Councilmember Zemanek. Also present were City Secretary Patrice Fogarty,City Manager Corby Alexanderand Assistant City Attorney Clark Askins. 2.INVOCATION -The invocation was given byDon Hill,La PorteInter Church Council. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led byCouncilmember Mike Clausen. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS 4. (a) Recognition –Retirement of Susan Cream(Purchasing Manager)–Mayor Rigby Mayor Rigby recognized the retirement of Susan Cream. (b) Recognition –Retirement of Stanley (Stan) Minor(UtilitiesSupervisor) –Mayor Rigby Mayor Rigby recognized the retirement of Stanley (Stan) Minor. (c) Recognition –“Employee of the (First) Quarter” Pam Kroupa (Industrial Waste Inspector) – Mayor Rigby Mayor Rigby recognized Pam Kroupa as Employee of the First Quarter. (d) Proclamation –“Emergency Medical Service Week”–Mayor Rigby Mayor Rigby presented a proclamation for “EmergencyMedical Service Week.” 5.PUBLIC COMMENTS (Limited to five minutes per person.) Sabrina Silos–9505 Dry Sand Dr.,addressed Council regarding herLa Porte High School Project to graduate with honors with a project tobring historical significance to the Beazley Cemetery. Members of her family are buried in the cemetery. Ms. Silos informed Council there are10 members of the Beazley family buried in the Beazley Cemeterywhichis 160years old,and the cemetery does not have a marker. Richard Warren –8730 Collingsdale, addressed Council on behalf of the Brookglen Home Owners’ Association and informed Council the subdivision would like Council to consider a dog park and cover to place over playground equipment at the park. Mr. Warren also advised the Brookglen Home Owners’ Association is willing to assist with the cost. Page 8of 8 May 13, 2013, City Council Meeting Minutes Dennis Lunday –10214 Winding Trail, addressed Council regarding a community Thanksgiving Meal Project and the city participating by providing transportation to the Neighborhood Center, law enforcement, delivery of meals and employees volunteering to assist with activities such as arrangement of the dinner and cleaning after the meals. 6.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of special City Council meeting held on April 13, 2013 and regular City Council meeting held on April 22, 2013–P. Fogarty (b) Consider approval or other action authorizing status change for Municipal Court Judge to receive merit increase effective April 1, 2013, asper established percentage standards – Mayor Rigby (c) Consider approval or other action adopting a Resolution supporting attendance by city councilmembers, board members, staff and guests to local and regional events and determining attendance serves a public purpose –P. Fogarty (d) Consider approval or other action authorizing the City Manager to execute a contract with Dr. Oscar Boultinghouse, M.D., Medical Director for the City of La Porte EMS –R. Nolen (e) Consider approval or otheraction regarding proposed Planning Department policy designating chip seal (Texas Department of Transportation Specification 316) as a specified material allowable for asphalt surfaces within the definition of asphalt –T. Tietjens (f) Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement with the City of Houston for the acquisition of handheld radios, mobile radios and radio service –K. Adcox (g) Consider approval or other action regarding a Resolution authorizing the La Porte Police Department and City Manager to submit for the Crime Victim’s Liaison Grant for the 2014- 2015 Fiscal Year in order to continue funding the Crime Victim’s Liaison position –K. Adcox (h) Consider approval or other action regarding a Resolution authorizing the City Manager to sign grant acceptance documents for 2013 State “Click It or Ticket” campaign –K. Adcox (i) Consider approval or other action regarding the minutes of regular City Council meeting held on April 8, 2013 –P. Fogarty (j) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2012-2013 Budget –M. Dolby Councilmember Engelken moved to approve the Consent Agendapursuant to staff MOTION PASSED. recommendations.Councilmember Leonardseconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken,Mosteit, Clausen, Martin, Leonard and Moser Nays:None Absent:Councilmember Zemanek Page 8of 8 May 13, 2013, City Council Meeting Minutes 7.AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action adopting an Ordinance appointing a Mayor Pro-Tem of the City of La Porte –P. Fogarty City Secretary Patrice Fogarty presented a summary. Ordinance 20133479 Councilmember Clausenmoved to adopt -appointing Councilmember Jay MOTION Martin as Mayor Pro-Tem of the City of La Porte. CouncilmemberMoserseconded. PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays:None Absent:Councilmember Zemanek Ordinance2013-3479: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 1, 2013, THROUGH MAY 31, 2014; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b) Consider approval or other action adopting an Ordinance repealing Ordinance 2011-3346, and to establish Councilmember expense policies and procedures through Council action – P. Fogarty City Secretary Patrice Fogarty presented a summary. Ordinance 2013-3480 Councilmember Engelken moved to adopt repealing Ordinance 2011-3346, and establish Councilmember expense policies and proceduresthrough Council action. MOTION PASSED. Councilmember Clausenseconded. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays:None Absent:Councilmember Zemanek Ordinance2013-3480: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE REPEALING ORDINANCE NO. 2011-3346, ESTABLISHING GUIDELINES FOR TRAVELAND BUSINESS EXPENSES BY CITY COUNCIL MEMBERS TO MEETINGS; PROVIDING AUTOMOBILE EXPENSE ALLOWANCES, CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (c) Consider approval or other action adopting Councilmember expense policies regulating automobile allowance, cell phone allowance, attendance at educational conferences, andlocal and regional events –P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Engelkenmoved to adopt Councilmember expense policies regulating automobile allowance, cell phone allowance, attendanceat educational conferences, and attendance at local MOTION PASSED. and regional events. Councilmember Leonardseconded. Page 8of 8 May 13, 2013, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays:None Absent:Councilmember Zemanek (d) Consider approval or other action regarding an Ordinance amending Chapter 82of the La Porte Code of Ordinances by adopting new Building Codes (International Code Council) with local amendments and amending the National Electrical Code –J. Garza Senior Engineer Julian Garza presented a summary. Ordinance 2013-3481a Councilmember Mosermoved toapprove mending Chapter 82 of the La Porte Code of Ordinances by adopting new Building Codes (International Code Council) with local amendments and amending the National Electrical Code. Councilmember Clausenseconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays:None Absent:Councilmember Zemanek Ordinance 2013-3481: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE ADOPTING NEW BUILDING CODES (INTERNATIONAL CODE COUNCIL) BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE II “BUILDING CODES,” SECTION 82-31 “ADOPTION” AND SECTIONS 82-32 “RESIDENTIAL CODE AMENDMENTS,” AND 82-33 “BUILDING CODE AMENDMENTS”; ARTICLE III “PLUMBING CODE,” SECTION 82-66 “ADOPTION” AND 82-67 “AMENDMENTS”; ARTICLE VI “ENERGY CONSERVATION CODE,” SECTION 82-412 “ADOPTION” AND SECTION 82-413 “AMENDMENTS”; ARTICLE VII “MECHANICAL CODE,” SECTION 82-441 “ADOPTION” AND 82-442 “AMENDMENTS”; ARTICLE IV. “ELECTRIC CODE” DIVISION 4. INSPECTIONS, SECTION 82-308 “INSTALLATIONS TO BE CONCEALED,” AND DIVISION 5. STANDARDS, SECTION 82-338 “ALUMINUM CONDUCTORS” AND SECTION 82-349 “SUSPENSION OF APPROVAL OF MATERIALS”; REPEALING ARTICLE V. “FUEL GAS CODE” IN ITS ENTIRETY; 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 HEREOF. (e) Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement with the City of League City for the implementation and operation of Gulf Regional Information and Dispatch (GRID) system –K. Adcox Chief of Police Ken Adcox presented a summary. Mayor Rigby questioned the need for the City to provide funds prior to an established budgeting policy in placeby the Gulf Regional Information and Dispatch Board.ChiefAdcox responded a policy can be arranged,and the agreement does mention how the funds are to be expended. Councilmember Martin questioned where the remaining $22,000.00 of the $35,000.00 budget wouldbe returned. Mr. Adcox responded the funds would be returned to the Reserve Fund and placed back into the General Fund. Councilmember Martinmovedtoauthorize the City Manager to execute an Interlocal Agreement with the City of League City for the implementation and operation of Gulf Regional Information and MOTION PASSED. Dispatch (GRID) system. Councilmember Leonardseconded. Page 8of 8 May 13, 2013, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Martin, Leonard and Moser Nays:None Absent:Councilmember Zemanek 8.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Delinquent Tax Report –M. Dolby Jason Bailey with PerdueBrandon, Fielder Collins & Mott provided a presentation regarding the procedures utilizedbytheir firm to collect delinquent taxes for the City of La Porte. Councilmember Leonard questioned if there were any physical address contact by Perdue Brandon, Fielder Collins & Mott with delinquent taxes dating back since 1986. Mr. Bailey responded delinquent taxes dating back to 1986 are considered low value property most likely vacant and have been struck off by the City or are in suit. Councilmember Moser questionedwhetherproperty struck off can be detained by a trustee if another governmental agency was interested in purchasing such property. Mr. Bailey responded a trustee can be forced to sellthe property. Mayor Rigbyasked when does Perdue begin collectingdelinquent taxes?Mr. Bailey responded the tax roll iscollected in June to confirm accurate information,and the process begins after penalties shown in the July 1updated tax roll.Mayor Rigby questioned if penalties are collected. Mr. Bailey responded,yes;the base tax, penalties, interest and collection penalties are all collected. Councilmember Engelken questioned the outstanding balance of the previous 15to20 years. Mr. Bailey responded he does not have the information at the present time but can forward it to Council. Councilmember Martin questioned if uncollectable taxes will be taken off the tax rolls. Mr. Bailey responded yes under the Tax Code 2010 Rule. Councilmember Martin questioned if information can be providedin future reports noting the uncollectable taxes will be taken off the tax roll. Mr.Bailey responded yes. (b) Discussion or other action regarding the City of La Porte participating in a Thanksgiving Meal Project –Corby Alexander City Manager Corby Alexander discussed the City of La Porte participating in a Thanksgiving Meal Project as was spoken about in Mr. Lunday’s public comments. Mr. Alexander informed the Neighborhood Center and Kroger areon board to participate in thisworthy project. Councilmember Martin commented it is a great project. Council gave City Manager Corby Alexander direction to move forward with the Thanksgiving Meal Project. 9.REPORTS (a) Receive report of Fiscal Affairs Committee–Councilmember Engelken CouncilmemberEngelken provided a report of the Fiscal Affairs Committee meeting which was held just prior to this council meeting. (b) Receive Blue Tarp Report –J. Garza Senior Engineer Julian Garza provided a report. Page 8of 8 May 13, 2013, City Council Meeting Minutes City Manager Corby Alexander informed Council Plant Managers in the area were approached with the opportunity to provide assistance to homeowners, but we didn’t meet with success. Mayor Rigby questioned how many Plant Managers were approached to provide assistance? Assistant City Manager Leach responded the Plant Manager Network was provided a summary of assistance needed, in addition to assistance from Emergency Management Coordinator Jeff Suggs. Councilmember Martin questioned Senior Engineer Julian Garza if the vacant property since th August 2007located at 316 N. 5was ever on the condemnation list. Mr. Garza responded yes. Councilmember Martin suggested giving a 90-day extension to 514 S. Blackwell St.,andto continue sending notices to the others advising their roof situation needsto be resolved. Councilmember Leonard commented something needs to be doneregarding the blue tarps. Councilmember Leonard moved to start increasing pressure to resolve the blue tarproofs. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby,Councilmembers Kaminski, Engelken, Mosteit, Clausen, and Leonard Nays:Councilmembers Martin and Moser Absent:Councilmember Zemanek 7. (d) At this time Council re-addressed item 7d in order to establish an effective date. CouncilmemberMosteitmovedto amend Chapter 82 of the La Porte Code of Ordinances by adopting new Building Codes (International Code Council) with local amendments and amending MOTION the National Electrical Code effective July 15, 2013.Councilmember Moser seconded. PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Engelken, Mosteit, Clausen, Moser, Martin and Leonard Nays:None Absent:Councilmember Zemanek 10.ADMINISTRATIVE REPORTS (a) Receive report from City Manager Special City Council Meeting, Tuesday, May 14, 2013 La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting, Thursday, May 16, 2013 Memorial Day Observed, Monday,May 27, 2013 La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting, Thursday, May 30, 2013 City Manager Corby Alexander gave kudosto theFinance Department and Purchasing Division for signing a contract for electrical service and saving the City $110,000.00 over the three-year contract life, which begins at the expirationof the City’s current electricity contract. 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–Councilmember Clausen,Martin, Moser, Kaminski,Zemanek, Leonard,Engelken, Mosteitand Mayor Rigby. Page 8of 8 May 13, 2013, City Council Meeting Minutes Councilmember Clausen congratulated the retirees and the Finance Department; Councilmember Martin commented he would like to see staff work with Sabrina Silos and her project of declaring the Beazley Cemetery as a historical site, informed of his attendance at the Special Olympics Banquet and the Rotary Club Crawfish Boil; Councilmember Moser congratulated the retirees and commented how excited he was about moving forward with the Thanksgiving Meal Project; Councilmember Kaminski thanked the retirees and the Finance Department and commented on the great turnout at the Rotary Crawfish Boil; Councilmember Leonard congratulated the retirees and “Employee of the (First) Quarter” Pam Kroupa;Councilmember Engelken congratulated all of the recent retirees, thanked Richard Warren for attending and speaking on behalf of the Brookglen Homeowners’ Associationfor needed improvements in the subdivision; Councilmember Mosteit congratulated the retirees and “Employee of the (First) Quarter” Pam Kroupaand Mayor Pro-Tem Jay Martin;and Mayor Rigby reported on the La Porte Education Foundation Golf Tournament and Sylvan Beach Day Festival, the Plant Managers Breakfast will be continued,although attendance was low, informed of his attendance at the Special Olympics Banquet, thanked City Secretary Patrice Fogarty, Election Workers, andthe Citizens’ Charter Review Committee for their hard work and successful election, and congratulated Mayor Pro-Tem Jay Martin. 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 regardingpossible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street. Texas Government Code, Section 551.071(1)(A) – Pending or Contemplated Litigation –State vs. Port of Houston -Sound Mediation City Council recessed the regular meeting to convene an executive session at 7:35p.m. to deliberate regarding purchase, exchange, lease or value of real property:Discussion regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street and to discuss Pending or Contemplated Litigation –State vs. Port of Houston -Sound Mediation. 13.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. The regular meeting was reconvened at 8:40p.m. Regardingpossible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street,Council directed staff to counter offer property swap with LPISD with ‘square foot for square footequal allocation’; and asked the City Attorney to prepare a legal opinion on whether public property can be abandoned, and preparea legal opinion on adverse possession –anything pertaining to these issues; and gave direction to the City Manager to look at plats so construction cannot begin in public rights of way without proper closings. Regarding Pending or Contemplated Litigation–State vs. Port of Houston -Sound Mediation, Council received a report from the City Attorney’sOffice and directed to continue negotiation on the proposed settlement. Page 8of 8 May 13, 2013, City Council Meeting Minutes 14.ADJOURN There being no further business, Councilmember Engelkenmoved to adjourn the meeting at MOTION PASSED UNANIMOUSLY. 8:45p.m. Councilmember Leonardseconded. _______________________________ Patrice Fogarty, City Secretary Passed and approved on June 10, 2013. ________________________________ Mayor Louis R. Rigby Page 8of 8 May 13, 2013, City Council Meeting Minutes LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At LargeB Mayor Pro-Tem, Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE MAY14,2013 Tuesday, May14,2013, The City Council of the City of La Portemet in aspecial meetingonat the City 5:00p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 5:00p.m. Members of Council present: CouncilmembersZemanek, Engelken, Kaminski,andLeonard.Absent: Councilmembers Martin, Clausen, Moser and Mosteit.Also present were City Secretary Patrice Fogarty,City Manager Corby Alexanderand Assistant City Attorney Clark Askins. 2.CANVASS OF 2013 SPECIAL ELECTION Consider approval or other action regarding an Ordinance declaring the results of the Special Election –Mayor Rigby Mayor Rigby addressed the canvassing of election results. Ordinance 2013-3482 Councilmember Engelken moved to adopt declaring the results of the MOTION PASSED. Special Election. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Engelken and Leonard Nays:None Absent:Councilmembers Martin, Clausen, Moser and Mosteit Ordinance2013-3482: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN THE CITY OF LA PORTE ON MAY 11, 2013, ON PROPOSED AMENDMENTS TO THE LA PORTE, TEXAS, HOME RULE CITY CHARTER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 3.PUBLIC COMMENTS (Limited to five minutesper person.) There were no public comments. 4.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting, Thursday, May 16, 2013 Memorial Day Observed, Monday,May 27, 2013 La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting, Thursday, May 30, 2013 There were no reports. Page 1of 2 May 14, 2013, City Council Meeting Minutes 5. 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–CouncilmemberClausen,Martin, Moser, Kaminski,Zemanek, Leonard,Engelken, Mosteitand Mayor Rigby. There were no Council comments. 6.ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at MOTION PASSED UNANIMOUSLY. 5:02p.m. Councilmember Zemanekseconded. _______________________________ Patrice Fogarty, City Secretary Passed and approved on June 10, 2013. ________________________________ Mayor Louis R. Rigby Page 1of 2 May 14, 2013, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June10,2013 Source of Funds: General Funds Requested By: J. Garza Account Number: 001-9092-524-5007 Department: Planning Amount Budgeted:$60,000 Report: XResolution:Ordinance: Amount Requested:$60,000 Exhibits:Bidder’s List Budgeted Item:YESNO X Exhibits: Bid tabulation SUMMARY & RECOMMENDATION The Inspections Division of the Planning and Engineering Department is responsible for code enforcement including enforcement of nuisance caused by weeds.The ordinance governing weeds allows for the City to take action on code enforcement violations if the property owner fails to take action within 10 days of written notice. The Annual Mowing Contract is the means by which the City is able to take action on code enforcement violations relating to nuisance caused by weeds. Advertised Sealed Bid #13016–Annual Mowing Contract was opened and read on May 2, 2013. Bid requests were sent to nineteen (19) vendors with two (2) returning a bid. The City’s current service provider K&K Tractor submitted the low bid. There is price decrease of $5.00 for mowing of undivided acreage with a brush hog and mowing and weed eating residential home sites with riding or hand mower. The current term of the contract has been structured the sameas in past years, one (1) year, with three (3)additional 1-year renewal options. Action Required by Council: Consider approval or other action to award of Sealed Bid #13016 to K&K Tractor Service. Approved for City Council Agenda Corby D. Alexander, City ManagerDate BIDDER’S LIST SEALED BID #13016–ANNUAL MOWING K & K Tractor Service H & G Mowing 3012 Randolph Rd. Pasadena, TX 775032023 Cemetery Road Santa Fe, TX 77517 La Porte Feed and Lawn Maintenance Paul Huggins PO Box 694 La Porte, TX775729601 Caplett Laporte, TX77571 Earthworks Baytown Tractor Mowing 211 League City Pkwy League City, TX 775732802 Kettering Rd Baytown, TX 77521 3-J Mowing Trinity Bay Construction and P.O. Box 1201 Development South Houston, TX 77587 PO Box 18742 Bill Scott Sugarland, TX 77496 1802 Lomax School Road La Porte, TX 77571 Econo Cuts 15716 S.Brentwood Channelview, TX 77530 Requested from Website BIO Landscape & Maintenance, Inc.Horticare Lawn Maintenance 5205 Dow5612 Freshmeadow Houston, TX 77040League City, TX 77573 Silversand Services, Inc.Kemp & Sons General Services Inc. 2827 Barker CypressPO Box 24731 Houston, TX 77084Fort Worth, TX 76124 Maldonado LandscapeHydrozone Landscape Corporation 1707 Ojeman7805 Delynn St Houston, TX 78550Baytown, TX 77521 Prime Vendor, IncWCD Enterprises, LLC 4622 Cedar Ave. Suite #12428150 N. Alma School Pkwy #103-452 Wilmington, NC 28403Scottsdale, AZ 85262 Lamas Landscaping 4814 Anderson Rd Houston, TX 77053 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:10 June 2013 Source of Funds:038 Requested By:Corby D. Alexander Account Number: 038-6030-565-30-01 Department: Administration Amount Budgeted:$20,000 Report: Resolution:Ordinance: Amount Requested:$20,000 Exhibits:BAHEP Contract Budgeted Item:YESNO SUMMARY & RECOMMENDATION The current contract with the Bay Area Houston Economic Partnership (BAHEP) expired at the end of December 2012. The updated contract remains the same as the previous contract and is for a period of three years, beginning January 1, 2013 through 2015, with an annual membership cost of $20,000.The scope of services is identical to what has been completed in the past by BAHEP and includes services related to business and industry attraction and expansion. This is a budgeted item for FY 2013. Action Required by Council: Consider approval or other action authorizing the City Manager to sign a contract with Bay Area Houston Economic Partnership. Approved for City Council Agenda Corby D. Alexander,City ManagerDate AGREEMENT THIS AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES (“Agreement”), as described in PROPOSAL (Exhibit A) TO THE CITY OF LA PORTE is made City of La Porte, Texas effective as of the Effective Date (defined below) between the Bay Area Houston Economic Partnership (“City”),a municipal corporation,and the (“Contractor”), a Texas 501 (c)(6) not for profit organization. Contract Term: This Agreement is effective on the Effective Date defined hereinand remains in effect for three (3) years thereafter, unless sooner terminated under this Agreement. Services : Contractor agrees to provide the services described in Exhibit Ato this Agreement. Payment Term: The City shall pay $20,000.00per yearto Contractor, in semi-annual installmentsof $10,000.00 each, for Contractor’s economic development services rendered under this Agreement. Initial payment to Contractor is due within thirty (30) days of the Effective Date. Effective Date: This Agreement shall beeffective as of January 1, 2013. Termination for Convenience by the City: The City may terminate this Agreement at any time by giving thirty(30)days’ written notice to Contractor. The City’s right to terminate this Agreement for convenience is cumulative of all rights and remedies, which exist now or in the future. On receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and cancel all existing orders and subcontracts that are chargeable to this Agreement.As soon as practicable after receiving sending the termination notice the City shall then honor payment terms for services rendered by Contractor under this Agreementto the date of the termination,unless the fees exceed the allocated funds remaining under this Agreement. TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR SERVICES RENDERED TO THE DATE OF TERMINATIONARE CONTRACTOR’S ONLY REMEDIES FOR THE CORPORATION’S CITY’STERMINATION FOR 1 CONVENIENCE, WHICH DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR WAIVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE CITY’S TERMINATION FOR CONVENIENCE. Termination for Cause by Contractor: Contractor may terminate its performance under this Agreement only if the City defaults and fails to cure the default after receiving minimum thirty (30)days’ advancewritten notice of itsame.Default by the City occurs if the City fails to perform one or more of its material duties under this Agreement. If a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the City via its city manager,describing the default and the proposed termination date. Theproposed terminationdate must be at least thirty (30)days after the city manager receives notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the City cures the default before the proposed termination date, then the proposed termination is ineffective. If the City does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date. To effect final termination, the contractor must notify the city manager in writing. Termination for Cause by City: If Contractor defaults under this Agreement, the City managermay either terminate this Agreement or allow Contractor to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies, which exist now or in the future. Default by Contractor occurs if: (1)Contractor fails to perform any of its duties under this Agreement; (2)Contractor becomes insolvent; (3)all or a substantial part of Contractor’s assetsare assigned for the benefit of its creditors; or (4)a receiver or trustee is appointed for Contractor. If a default occurs, the City managermay, but is not obligated to, deliver a written notice to Contractor describing the default and the proposedtermination date. The City manager, at his or heritssole option may extend the termination date to a later date. If the City managerallows Contractor to cure the default and Contractor does so to the City’smanagersatisfaction before the termination date, then the termination is ineffective. If Contractor does not cure the default before the termination date, then the City managermay terminate this Agreement on the proposedtermination date, at no further obligation of the Corporation. To effect final termination, the City managermust notify Contractor in writing. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately 2 discontinue all services under this Agreement, and promptly cancel all orders or subcontracts chargeable to this Agreement. Signatures: The Parties have executed this Agreement in multiple copies, each of which is an original. ATTEST/SEAL:BAY AREA HOUSTON ECONOMIC PARTNERSHIP By: _____________________________By: ________________________________ Name:Bob Mitchell Title:President CITY OF LA PORTE, TEXAS By: _____________________________By: ________________________________ Patrice FogartyCorby Alexander City Secretary City Manager 3 Exhibit A 1.Bay Area Houston Economic Partnership will assist the City of La Porte to work within the established framework as outlined in the City of La Porte’s 2000-2020 Comprehensive Plan. Provide the City of La Porte direct access to Bay Area Houston Economic Partnership’s research capability for information regarding studies, forward planning and research. Attract diversified industry that will contribute to the tax base as well as provide jobs for a variety of diverse workers in the community without conflicting with other land uses in La Porte, while encouraging younger citizens to remain in the community. Ensure that all existing and future commercial development is attractive, highly utilized and without negative influence on adjacent residential uses. Facilitate meetings with county and state officials in order to develop a positive working relationship; in regards to mutual goals for development of lands and thoroughfares within the city limits. Assist the City of La Porte to improve the community character of La Porte to make it a more desirable place to live, work and visit. 2.Utilize Comprehensive Plan objectives to assist the City of La Porte achieve economic development goals. 3.Include the City of La Porte in specific Bay Area Houston Economic Partnership communications, as follows: Inclusion of City La Porte material on the Bay Area Houston Economic Partnership Web site. Inclusion of the City of La Porte in Bay Area Houston Economic Partnership printed materials and electronic newsletters. Advise the City of La Porte in development of marketing materials for the city Web site and for print and video distribution. 4.Include the Mayor, other elected officials or city staff in two CEO visits per year. 5.Coordinate representation of the City of La Porte at two trade shows per year, with Bay Area Houston Economic Partnership staff working separately with city staff on the best methods to promote the City of La Porte’s economic development objectives. 6.Include the City of La Porte and local businesses in four business workshops, seminars or similar programs eachyear. 7.Continue to engage industry representatives from the industrial complex, City of La Porte and Bay Area Houston Economic Partnership to identify constraints and barriers to economic vitality of the petrochemical industry and determine appropriate resolution. 4 8.Along with an annual written reportdocumenting progress, Bay Area Houston Economic Partnership representativeswill meet every six months with the Mayor of the City of La Porte and/or his designated representative(s). 5 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June 10, 2013 Source of Funds: Requested By:Jeff Suggs Account Number: Department:Administration/OEM Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits:Bidder’s List Budgeted Item:YES NO Exhibits: Bid Tabulation Exhibits: SUMMARY & RECOMMENDATION The City currently has an agreement in place for debris monitoring services, which was approved by City Council on June 9, 2008 for a term of five (5) years. Following a disaster, these services are necessary to monitor debris removal operations and providecomprehensive observation and documentation of work performed from the point of debris collection to final disposal. Following a disaster such as a hurricane, there will be an immediate need for debris management services. The City has a FEMA-approved Debris Management Plan in place, which recognizes the need for pre- qualified contractors to assist with debris management services following a disaster. In the aftermath of such a disaster, the City will likely seek reimbursement through the FEMA Public Assistance Program. Costs associated with debris management services may be eligible for reimbursement. The Sandy Recovery Improvement Act of 2013permitsfinancial incentives for applicants who have at leastone pre- qualified debris contractor. Failure to properly monitor debris removal operations may jeopardize Public Assistance funding. Therefore, it is in the best interest of the City to have a monitoring agreementin place prior to a disaster.This RFPwill not be utilized unless needed following a disaster that requires debris removal throughoutthe City of La Porte. Advertised, Sealed Requestsfor Proposals #13507 –Debris Monitoring Services wereopened and read on May 21, 2013. Solicitation requests were advertised in the Houston Chronicle, posted on the City of La Porte website and mailed out to fifteen(15)vendors with two (2)responding.The RFP allows for award to a primary vendor and one backup vendor. Copies of the returned proposals were sent to the Evaluation Committeefor review. The team evaluated the proposals based on the criteria stated within each section of the RFP. Staff determined True Northas the top respondent, withThompson Consulting as a backup vendor. True North is the City’s current vendor for debris monitoring services. The evaluation team recommends award of RFP #13507 –Debris Monitoring Services as follows: Primary: True North Backup:Thompson Consulting Action Required by Council: Consider approval or other action to award RFP #13507 for Debris Monitoring Services. Approved for City Council Agenda Corby D. Alexander,CityManagerDate RFP #13507 DEBRIS MONITORING SERVICES Ashbritt Environmental The Blackmon Companies, Inc. 565 E.Hillsboro Blvd P.O. Box 1104 Deerfield Beach, FL 33441Smithfield, NC 27577 Omni Pinnacle, LLC D & J Enterprises 90 Glen Court 3495 Lee Rd #10 Pearl River, LA 70452 Auburn, AL 36832 DRC Emergency Services, LLC True North 740 Museum Drive 512 Main Street, Suite 415 Mobile, AL 33608 Fort Worth, TX 76102 Crowder GulfArcadis 5435 Business Parkway 14025 Riveredge Drive Suite 600 Theodore, AL 36582 Tampa, FL 33637 SAIC Suite 3300 Houston, TX 77027 CDR Maguire Metric Engineering Inc. 225 Chapman Street 13940 SW 136 Street Providence, RI 02806 Miami, FL 33186 IMS JESCO Environmental & Geotechnical Services, Inc. 945 Hornblend Street San Diego, CA 92109 P.O. Box 1324 Jennings, LA 70546 Prime Vendor, Inc. 4622 Cedar Ave. Suite #124 Wilmington, NC 28403 Hydrozone Landscape Corporation 7805 Delynn St Baytown, TX 77521 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June10, 2013 Source of Funds:N/A Requested By:MayorLouis R.Rigby Account Number: Department:City Council Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibits:Letter of Support Budgeted Item:YESNO Exhibits: Biographies of CoachesPeoples and Hutchins Exhibits SUMMARY & RECOMMENDATION J. Warren Singleton, founder/president of the Baytown Carver High School Recognition & Preservation Society has requested a letter of support from La Porte City Council fortwo of the Baytown George Washington Carver High School head coaches,the late John Willie “Johnny” Peoples and the late Roy Atmer Hutchinsto be inducted into the Texas High School Coaches Association Hall of Honor as former Prairie View InterscholasticLeague coaches. Action Required by Council: Consider authorizing Mayor Rigby to sign a letter on behalf of the City of La Porte in support of the late Coach John Willie “Johnny” Peoples’and the late Coach Roy Atmer Hutchins’ induction into the Texas High School Coaches Association Hall of Honor. Approved for City Council Agenda Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June 10, 2013 Source of Funds:IT Budget Requested By:Jeff Suggs Account Number:00160665194050 Department:Administration/IT Amount Budgeted:$165,000.00 Report: Resolution:Ordinance: Amount Requested: $156,222.00(per year) Exhibits:AT&T OPT-E-MAN Pricing Schedule Budgeted Item:YES NO Exhibits: OPT-E-MAN Service Level Agreement Exhibits:2010 AT&TMaster Service Agreement Exhibits: Product Description SUMMARY & RECOMMENDATION The City currently has a contract in place with AT&T for theOPT-E-MAN Switched Ethernet Solution. OPT-E-MANis a cost effective service that gives the City the ability to increase bandwidth as needed to support multiple applications at one time(see attached Product Description).The City has a Master Service Agreement (#135688UA)in place with AT&T, which waslast renewed on January 5, 2010. The current Pricing Schedule for the OPT-E-MAN service was signed on March 30, 2007for a term of sixty (60) months.The proposed renewal agreement maintains the same pricing that has been in place for five (5) years. This service allows the City to have buried fiber,which is more reliable than aerial fiber. It also allowsfor greater redundancy with regard to disaster management efforts. Without the OPT-E- MAN service, the City would have to rely on a much slower and more vulnerable operating system. The term of this agreement will be for five (5) years, with a monthly charge of $13,018.50(See attached Pricing Schedule). Staff recommends approval of a renewal agreement with AT&T to continue OPT-E-MAN services for the City. Action Required by Council: Consider approval or other action of a renewalagreement with AT&T for OPT-E-MANservices. Approved for City Council Agenda Corby D. Alexander,CityManagerDate 135688UA ® OPT-E-MANService Service Level Objectives and Agreements This document provides information regarding AT&TOPT-E-MAN service and its comprehensive service level objectives as described in the applicable state tariff or guidebook or in the AT&T Interstate Access Guidebook. Introduction ® The following Service Level Agreement (SLA) applies to standard OPT-E-MANconfigurations only. SLAs provide customers with end-to-end performance objectives that are backed by service credits if minimum quality standards are not met by AT&T. 1.Overall Service ® service is provided by the AT&T operating local exchange carrier (“AT&T”) in OPT-E-MAN each respective state, pursuant tothe AT&T Interstate Access Guidebook or to guidebooks or tariffs filed with the state public utilities commissions.The SLA descriptions set forth herein are believed to be accurate as of the date of preparation of this document, but the applicable tariffs or guidebooks are subject to change and the provisions of the applicable tariffs or guidebooks shall control in the event of any conflict between this document and the applicable tariffs or guidebooks.OPT-E-MANservice will be offered with throughput thresholds based on the service configuration provided to the customer.Service availability and performance is subject to technical limitations and available facilities. All service designs will be verified prior to order to help ensure correct provisioning and maintenance. Allowance for Interruption In case of an interruption to service, if not due to the negligence of the customer or the customer’s end useror other causes beyond AT&T’s reasonable control,the customer may be eligible for credit under the terms and conditions of the applicable guidebook or tariff. 2.Connections ANetwork Availability Service Level Agreement of at least 99.95% per month, including the local loop, isprovided by AT&T. This equates to not more than 21.6 minutes of downtime per month (based on a 30-day month), excluding maintenance windows and other appropriate exclusions (see Exclusionsfollowing). Network Availability is calculated as the ® percentage of time that the OPT-E-MANnetwork is capable of accepting and delivering customer data to the total time in the measurement period. The calculation for Network Availability for a givencalendar month is as follows: Network Availability = [24 hours x days in month x 60 minutes x number of customer sites] – network outage time (measured in minutes) -------------------------------------------------------- [24 hours x days in month x 60 minutes x number of customer sites] All parameters of this document and network performance are subject to limitations described in section 1. © 2010AT&T Intellectual Property. All rights reserved. AT&T,the AT&T logo and AT&T product names are trademarks of AT&T Intellectual Propertyand/or its affiliates. Page 1of 5 ® OPT-E-MANService As noted in the above formula, all ports included in a customer’s network are utilized in calculating Network Availability. The customer is responsible for (1) notifying AT&Twithin 45 days after the end of the month when the service parameter within the calendar month falls below the committed level, and (2) requesting a service credit. Upon verification by AT&Tthat the actual service performance for that parameter was less than the committed level, the customer will beprovided a service credit equal to 10% of the monthly recurring charge for all affected ports. 3.Measurement Definitions for Grades of Service Service configurations include a choice of one of two underlying Grades of Servicewhich have SLAs associated with them: Bronze and Silver. Each Grade of Service offers a different level of service performance. The following describes the service parameters for each Grade of Service. Packet Delivery Rate(PDR) Packet Delivery Rate (PDR) is a measurement of the actual amount of useful and non- redundant information that is transmitted or processed from end-to-end across the network. It is a function of bandwidth, error performance, congestion and other factors. PDR is expressed as a percentage of Ethernet frames offered to the network that successfully traverse the network, end-to-end, within the CIR, and within a calendar month. PDR is calculated as the total number of effective Ethernet frames, per port, that successfully traverse the network divided by the total number of effective Ethernet frames, per port, offered to the network within a calendar month. Those frames that violate the maximum range will be excluded from the calculation. PDR is measured by averaging sample measurements taken during a calendar monthfrom network terminating equipment to network terminating equipment to which the customer ports are attached when the OPT-E- MAN network is available. Latency Latency is the amount of time necessary for a typical frame to traverse the network. Latency is calculated as the measurement of time taken for a customer frame to go from one end of the network (origination point) to the other end (termination point). The measurement will consist of measuring the time it takes to “ping” or travel from the origination to termination ports for the connection in question. Latency is measured by averaging sample measurements taken during a calendar monthbetween network ® terminating equipment to which the customer ports are attached when the OPT-E-MAN network is available. Jitter Jitter is the delay that occurs between 2 packets or Ethernet frames that are traversing the network. Jitter is calculated as the delay variance of the packets transported across the network or the delta of delay between two consecutive packets. It is measured between two endpoints, and will consist of measuring the time between a set of packets. Jitter is measured by averaging sample measurements taken during a calendar monthbetween All parameters of this document and network performance are subject to limitations described in section 1. © 2010AT&T Intellectual Property. All rights reserved. AT&T,the AT&T logo and AT&T product names are trademarks of AT&T Intellectual Propertyand/or its affiliates. Page 2of 5 ® OPT-E-MANService network terminating equipment to which the customer ports are attached when the OPT-E- ® MANnetwork is available Grades of Service Definitions and SLAs 4. Bronze The applications best suited for this Grade of Service are general data applications with more tolerance for delay and/or those that are lower in priority. This Grade of Service is the appropriate selection for general data traffic since it tolerates bursty and time-varying traffic. The service parameters associated with this Grade of Service are Packet Delivery Rate (PDR) and Latency. The Packet Delivery Rate SLA for the Bronze Grade of Service is at least 99.5% of total traffic from source Network Terminating Equipment (NTE) to the destination NTE to which the customer port is attached. The Latency SLA for the Bronze Grade of Serviceis fordelayacrossa connection to beno more than 27ms one-way (54 ms roundtrip)end-to-end within the AT&Tnetwork for packets 1500 bytes or less. Silver This Grade of Service supports applications that require minimal loss and low latency variation (jitter). Data in this Grade of Service will be provisioned in a priority queue indicating that it is delay sensitive. The service parameters associated with this Grade of Service are Packet Delivery Rate (PDR), Latency and Jitter. The Packet Delivery Rate SLA for the Silver Grade of Serviceis at least 99.9% of total traffic from source Network Terminating Equipment (NTE) to the destination NTE to which the customer port is attached. The Latency SLA for the Silver Grade of Serviceis fordelay acrossa connectionto beno more than 18 msone-way (36 ms roundtrip)end-to-end within the AT&Tnetwork for packets 1500 bytes or less. The Jitter SLA for the Silver Grade of Serviceis for Jitter to be limited to less than 12ms one-way end-to-end within the AT&Tnetwork. SLA MeasurementsBronzeSilver Network Availability99.95%99.95% Packet Delivery Rate (PDR)99.5%99.9% Latency<27 ms one way<18 ms one way JitterN/A<12 ms All parameters of this document and network performance are subject to limitations described in section 1. © 2010AT&T Intellectual Property. All rights reserved. AT&T,the AT&T logo and AT&T product names are trademarks of AT&T Intellectual Propertyand/or its affiliates. Page 3of 5 ® OPT-E-MANService Reporting and Remedies for Grades of Service ® Grade of Service SLAs are provided for OPT-E-MANService. If AT&Tfails to meet service parameters defined for each Grade of Service, a service credit will be offered to the customer given certain conditions are met: The customer is responsible for (1) notifying AT&Twithin 45 days after the end of the month when the service parameter falls below (or above) the committed level, and (2) requesting a service credit. Upon notification by the customer that the actual service performance for that parameter was less than the committed level,AT&Thas 30 days to correct the problem. If after 30 days, the service performance for that parameter is still less than the committed level, the customer will be provided a service credit equal to 25% of the monthly recurring charge for all affected ports for the month in which the service parameters fall below (or above) the committed level. Packet Delivery Rate, Latency and Jitter calculations will be measured only when ® the OPT-E-MANnetwork is available. 5.Exclusions for all SLAs AT&Twill be excludedfrom providing Service Level Agreement credits and Grade of Service SLA credits should any of the following conditions occur: Force major events such as, but not limited to, an earthquake, hurricane, flood, fire, storms, tornadoes, explosion, lightning, power surges or failure, fiber cuts, strikes or labor disputes. Loss or damage resulting from any cause beyond AT&T’s reasonable control such as acts of war, civil disturbances, acts of civil or military authorities or public enemy. All SLAs are offered across AT&T’s network. The failures of any components beyond the local facility including the Network Interface (NI), the CSU/DSU/Channel band/Extended Demarcation are excluded from the SLA calculation. Data loss during AT&T’s scheduled maintenance window. Data exceeding subscribed Usage. Failures attributed to facilities or equipmentprovided by customer or its contractors, equipment vendors, another local exchange carrier or inter-exchange carrier. Any type of Customer Network Management functionality is not included in SLAs. 6.Service Level Objective (SLO) ® OPT-E-MANBasic and Basic Plus service offers the following Service Level Objectives Mean Time to Repair (MTTR): 4 hrs. end-to-end, including the local loop, per month Installation: Mutually agreed upondue date established on location by location basis based on fiber availability and equipment availability No service credits or other remedies are associated with these SLOs. All parameters of this document and network performance are subject to limitations described in section 1. © 2010AT&T Intellectual Property. All rights reserved. AT&T,the AT&T logo and AT&T product names are trademarks of AT&T Intellectual Propertyand/or its affiliates. Page 4of 5 ® OPT-E-MANService 7.Customer Responsibilities In order to deploy OPT-E-MAN service at a customer location, and to successfully transport customer data across the OPT-E-MAN network, the customer will need to adhere to specific guidelines as to the space, power, conduit and other physical aspects of providing the service, and the data formatting and configuration recommendations to ensure maximum Ethernet compatibility with the OPT-E-MAN service. These responsibilities are described in detail in the AT&T Customer Site Preparationand the AT&T Customer Data Format Requirementsdocuments . Both documents are available from anAT&T representative. These requirements, while not specifically part of this service level agreement, describe factors that impact AT&T’sability to meet these service level objectives.These factors include: Traffic Shaping: To ensure maximum throughput efficiency, traffic shaping should be enabled on the customer’s network equipment. When traffic policing is applied on the OPT-E-MAN network, traffic shaping is required in order to ensure that packets are not dropped when entering thenetwork If shaping is not turned on, the OPT-E-MAN network will randomly drop traffic if the customer exceeds the subscribed amount of CIR for that connection. Most routers on the market should support traffic shaping, which makes it easy to implement inits simplest form. OPT-E-MAN offers scalable service connection rates (CIR) from 2Mbps to 1 Gbps, providing great flexibility as long as the customer can shape their traffic. If customers are not able to shape their traffic, they should subscribe to service that aligns with their physical port (i.e. 10/100/1000 Mbps) to ensure maximum throughput. Failure to comply with this recommendation could result in reduced throughput and performance! Switch vs. Router: If the customer uses a router to connect to OPT-E-MAN, only one MAC address is presented to the OPT-E-MAN network. But ifthe customer connects using a bridge or switch for Layer 2 connectivity, a maximum of 50 MAC addresses can be utilized per port. Requests for additional MAC addresses will be with a maximum of 100 MAC addresses total assessed an additional charge, per port. Additional Information 8. For Basic Plus Multipoint configurations, AT&Twill use controls to limit the amount of multicast and broadcast traffic to protect the OPT-E-MAN network against traffic storms. The maximum throughput of multicast traffic will be set at 1 Mbps per customer port, while the maximum throughput of broadcast traffic will be set at 200 packets per second per port. Packets dropped by traffic controls will be excluded from SLA calculations. AT&T recommends that customers enable controls for multicast, broadcast and unknown unicast traffic within the customer network(s). Committed Information Rate (CIR) is inclusive of allowances for overhead within the Ethernet network. If a customer orders 1 Gbps of CIR on a single port, AT&Treserves the right to use up to 10% of the bandwidth for traffic management. All parameters of this document and network performance are subject to limitations described in section 1. © 2010AT&T Intellectual Property. All rights reserved. AT&T,the AT&T logo and AT&T product names are trademarks of AT&T Intellectual Propertyand/or its affiliates. Page 5of 5 PRODUCT BRIEF AT&T OPT-E-MAN¨ Switched Ethernet Solution BENEFITS ¥Scalable ¥Simplified network architecture ¥Cost-effective TodayÈs Customer networks require highthat is rapidly gaining popularity due to throughput and availability. In addition, theseitÈs simple, more cost-effective network ¥Network flexibility networks also need to handle the peaks andconnectivity options. With OPT-E-MAN, ¥Reliable and secure valleys associated with an always-fluctuatinginformation can travel at speeds of 5 Mbps data flow. Organizations are moving fromto 1 Gbps to multiple locations. ¥Superior performance single-location headquarters to market- ¥Quality of service ScaletoFitYour Needs centered branches and offices. These key An ability to increase bandwidth as needed changes in how networks are utilized have creates the type of flexibility that can given rise to one of the most reliable, scalable FEATURES be applied toalmost anybusinessÈ or and ubiquitous service offering available today ¥Service Level Objectives and organizationÈs operations. With OPT-E-MAN, ÃOptical Ethernet Metropolitan Area Network. ServiceLevel Agreements you can add new locations and easilyincrease OPT-E-MAN offers the many benefits of included the capacity of bandwidth between existing switched Ethernet transport technology ¥MPLS Network Core locations. For example, OPT-E-MAN can and itÈs fully supported and includes design, help you handle: installation, management and monitoring. ¥Best Effort, Bronze or Silver classes of service ¥Changes in Business Patterns: Change in Scalable, Convenient and Cost-Effective the number of employees, applications, ¥Access to Internet or VPN for Optical Networking long-haul connections business conditions, need for data mirroring TodayÈs networks operate data-intensive or database replication ¥Point to Point, Point to applications such as data mining, knowledge Multipoint and Anyto Any management and customer relations ¥Events: Back-up service, disaster recovery, connectivity available management programs, to name a few. These company expansion types of applications and others demand a ¥5Mbps up to 1 Gbps ¥High-Volume Traffic: Video on demand, bandwidth that is not only reliable but also ¥MEF Certified distance learning, banking, Internet, VoIP scalable. Switched Ethernet is a technology ¥Cisco QoS Awarded and Certified OPT-E-MAN Network ¥Available in the following states*: California, Nevada, Kansas, Oklahoma, Arkansas, Texas, Missouri, Wisconsin, Illinois, Indiana, Michigan, A à Customer Location Ohio and Connecticut Core EoMPLS Network *Where facilities permit CÃCustomer Location, POP or Multi-Tenant Unit BÃCustomer Location SwitchedEthernet Service à Layer 2 ________________________________________________________________ Product Brief -AT&T OPT-E-MAN2 and-play with most existing equipment andatthe native speed of your applications. Simplify Your Network OPT-E-MAN also enables you to simplifyutilizes standard interfaces to provide directThis becomes the ultimate solution to ease connections as well as your networkcompatibility to your legacy equipment. congestion in the Wide Area Network. operations. By connecting via Ethernet,OPT-E-MAN provides robust, high-speed You simply connect to the network with a incorporating a separate protocol or interfaceconnectivity thatÈs intelligent and productive. router, or switch. Further cost savings are isnÈt required. A single handoff addsPlus, the Service Level Agreements (SLAs) realized from ports. For example, a 10/100 convenience and simplicity to the networkthat we offer will ensure top-notch service Mbps Ethernet port on a router is 10 to 20 architecture. Over 98% of corporate networksand reliability. The AT&T family of companies times less expensive than a Sonet, OC-3 use Ethernet and OPT-E-MAN allows you torepresents a proven brand with decades of Private Line port. In addition, because OPT-E- maintain connections without introducingexperience in the communications industry. MAN is fully managed, thereÈs no need to hire new or additional protocols. WeÈll install andOur engineers have earned more than 4,300 additional IT personnel, saving labor costs. maintain all equipment needed to provideadvanced industry certifications from leading direct connectivity to your existing equipmentequipment makers and industry associations. AFlexible, Reliable and Secure Network using standard connectors. As a result, itAT&T Laboratories, Inc. à some 300 scientists Higher reliability and security is made appears as if all equipment on your networkstrong à tests equipment and offerings, possible by 24x7 monitoring. In the past, is in the same building or campus à themaking sure theyÈre ready for your network. customers who utilized traditional non- transfer of data across the metro areaYouÈll feel confident not only in the quality of managed services incurred the cost in dollars becomes completely transparent. Plus, weÈllyour network but also in the performance of and labor hours in purchasing, maintaining monitor the network 24x7, providing a fullythe services. and managing their own networks. Now, maintained and managed network solution, with our managed services, thereÈs no costly simplifying both network management and softwareor equipment toown and/or administration. replace, no engineers to hire and no continuous training requirements. Less Equipment, Less Personnel à MoreSavings Superior PerformanceWith OPT-E-MAN is cost effective because it Quality Service requires fewer physical interfaces, servers and OPT-E-MAN provides bandwidth reliability routers tobuild a network. Service is plug- through the Metropolitan Area Network For more information contact your AT&TRepresentative or visit us AB-1032-01 ©2008 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo a REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June10,2013 Source of Funds: General Funds Requested By: J. Garza Account Number: 001-9092-524-6021 Department: Planning Amount Budgeted:$41,555 Report: Resolution:Ordinance:X Amount Requested: Exhibits: Dangerous Building Inspection Reports Budgeted Item:YESNO X Exhibits: Condemnation Ordinance SUMMARY & RECOMMENDATION On October 8, 2012, City Council reviewedthe findings of the Dangerous Building Inspection Boardand granted a November 12, 2012,public hearing date to consider formal actionon thirteen locations. In November, Council took action on eight structures and chose to continue the public hearing on five locations. On February 25, 2013, Council took action on five remaining structures. Subsequent to the first public hearing meeting, legal notices, in accordance with Chapter 82, Article VIII ofthe Code of Ordinances,were provided to the property owners. The property ownerrequesting continuance of the public hearing for 3031 S. Broadway wasin th attendance at the February 25meeting and isaware Council provided a 90-day continuance. In addition, following that meeting, a letter was mailed to theowner. The letter confirmed the continuance and requested theowner contact staff to discuss proposedoptions and plans. th Since February 25, no permits, plans or reports have been provided to staff on 3031 S. Broadway (Old Highway 146).The property owner was also contacted and reminded of this continuance and was asked to provide the supportingevidence of work in progress. Since no staff recommends condemnation supporting evidence has been provided, . Recently completed demolitions totaled $33,375 and the Finance Department confirms a $41,555 fund balance in the original $75,000 budgeted dangerous building account. Action Required by Council: 1.Consider approval or other action of a condemnation ordinancefor 3031 S. Broadway; or 2.Consider continuing the public hearing for 3031 S. Broadway; or 3.Consider other action and provide staff with direction. Approved for City Council Agenda Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June10,2013 Source of Funds: General Funds Requested By: J. Garza Account Number: 001-9092-524-6021 Department: Planning Amount Budgeted:$41,555 Report: Resolution:Ordinance:X Amount Requested: Exhibits: Dangerous Building Inspection Reports Budgeted Item:YESNO X Exhibits: Condemnation Ordinance SUMMARY & RECOMMENDATION On October 8, 2012, City Council reviewedthe findings of the Dangerous Building Inspection Boardand granted a November 12, 2012,public hearing date to consider formal actionon thirteen locations. In November, Council took action on eight structures and chose to continue the public hearing on five locations. On February 25, 2013, Council took action on five remaining structures. Subsequent to the first public hearing meeting, legal notices, in accordance with Chapter 82, Article VIII ofthe Code of Ordinances,were provided to the property owners. The property ownerrequesting continuance of the public hearing for 3031 S. Broadway wasin th attendance at the February 25meeting and isaware Council provided a 90-day continuance. In addition, following that meeting, a letter was mailed to theowner. The letter confirmed the continuance and requested theowner contact staff to discuss proposedoptions and plans. th Since February 25, no permits, plans or reports have been provided to staff on 3031 S. Broadway (Old Highway 146).The property owner was also contacted and reminded of this continuance and was asked to provide the supportingevidence of work in progress. Since no staff recommends condemnation supporting evidence has been provided, . Recently completed demolitions totaled $33,375 and the Finance Department confirms a $41,555 fund balance in the original $75,000 budgeted dangerous building account. Action Required by Council: 1.Consider approval or other action of a condemnation ordinancefor 3031 S. Broadway; or 2.Consider continuing the public hearing for 3031 S. Broadway; or 3.Consider other action and provide staff with direction. Approved for City Council Agenda Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 10, 2013 General Fund Source of Funds: _Tim Tietjens______ Requested By: Account Number:001 6146 515 9050 Department: __Planning____________ Amount Budgeted: ______N/A_________ Report: _X_Resolution: ____Ordinance: __ Amount Requested: $30,000 Budgeted Item: YES XNO Exhibits: 1.Marketing Report SUMMARY & RECOMMENDATION In 2012, City Council authorized the Planning Department toapply for thelatest round of HOME funding from Harris County Community Services Department (HCCS) to build six new homes viathe Northside Neighborhood IV Program of La Porte. This representspart of an overall revitalization strategy that includes replacementand infill housing to facilitate the goal of an improved housing stock. The grant award was received and is now being implemented in two phases of three homes each. The phase one construction contract, currently underway, was awarded to Bayway Homesin June 2012and the homes are approximately 75% complete. At the same meeting, Main Properties was awarded the contract for listing, marketing and prequalification of eligible buyers. As of the preparation of this summary, significant work has been doneto attain qualified buyers,as shown in the attached exhibit. The task of finding eligible buyers for these homes is much more difficult than on the open market due to the maximum income requirements, credit scoring minimums and the mortgage qualifications necessary for a moderate income family to obtain a loan for a $105,000-$115,000 home. During the last HOME program, completed in 2011, the Cityencountered similar difficulty in finding qualified buyers. Even with the incentive package which includeda $14,500 HCCS funded down-payment per unit for eligible homebuyers, the difficulty persisted. In response to that problem, HCCS was able to apply an additional $10,000 per unit from a separate funding source to widen the narrow window of eligible buyers. In addition, the City obtained the services of Main Properties at that time to list, market and prequalify the buyers. Those two actions together,yielded immediate program results. In the current program, HCCS still funds the $14,500 down-payment, however, the additional $10,000is no longer available from HCCS. It was anticipated that the improving economic conditions might have negated the need for additional funding, but given the status of buyer activity, staff was asked toallocate up to $10,000 perunit to enhance the pool of qualified applicants. ($30,000 in this phase via budget adjustment, and $30,000 in the next phase, if necessary, via departmental request in the upcomingoperating budget) It is important to recallthat HCCS implemented asignificantprogrammatic change with this grant; requiring that the homesbe sold within 90 days of completion for occupancy. If this is not accomplished within the time frame referenced,the city may be required to operate them subsequently as affordable rental housing. It is the opinion of staff and Main Properties that the additional funds would avoid that consequence. Should the Council approve the additional $30,000 for down payment assistance for the first phase of homes, staff will prepare a budget adjustment. _____________________________________________________________________________ Action Required of Council: Consider approval or other action to authorize the appropriation of $30,000as needed, for supplemental down payment assistance ($10,000 per unit) for the three homes in phase one of the Northside NeighborhoodIV Program. Provide direction to staff regarding the provision of $30,000 in down payment assistance for Phase Two of the City’s HOME program in FY 2014. Approved for City Council Agenda: __________________________________________________________ Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 10, 2013 _______N/A__________ Source of Funds: _Tim Tietjens______ Requested By: Account Number:_______N/A_________ Department: __Planning____________ Amount Budgeted: ______N/A_________ Report: _ __Resolution: ____Ordinance: _X_ Amount Requested: _____N/A ________ Budgeted Item: YES XNO Exhibits: 1.Ordinance 2.Easement 3.Deed 4.Area Map SUMMARY & RECOMMENDATION The City has received an application from Intergulf Corporationto vacate,abandon and close the West “D”Street Right-of-Way (80’ wide) fromthe west right-of-way line of SH 146-South tothe th west right-of-way line of the abandoned South 11Street(60’ wide)as illustrated on Exhibit 4. The company desires to acquire this portion of the subject right of way to facilitate construction of its world headquarters in the 400 block of State Hwy 146-South. Staff’sreviewofthe closing request has determined that existing drainage and franchised utilities lines are located within this portion ofthe West “D” StreetRight-of-Way. The drainage channel occupies the entire right of way, and Intergulf intends to use the surface of the right of way for parking after the ditch is enclosed with underground conduit. While theintended drainage improvement is being funded in part by the La Porte Development Corporation,this abandonment is a separate and distinct transaction wherein the owner will buy the property.In order to facilitate theutilities, Intergulf Corporation has executed a Public Utility & Drainage Easement with the City. In accordance with Section 62.35 of the Code of Ordinances,an independent appraisal of the subject right of wayhas been conductedto determine its fair market value.The appraisal has established avalue of$1.50per square footfor the 26,080 square foot encumbered areato be closed. Total closing fees for the West “D” Street Right-of-Way (with 25% discountby ordinance) are $29,340. Staff recommends vacating, abandoning and closing thesubject portion of the West “D” Street Right-of-Way as requested by Intergulf Corporation. ______________________________________________________________________________ Action Required of Council: Consider approval or other action ofanordinance vacating, abandoning, andclosingthe West “D” Street Right-of-Way between the west right-of-line of State Hwy. 146-South and the west right-of- th way line of South 11Street (abandoned), approve a Public Utility & Drainage Easement, and authorize the execution and delivery of a deed to the adjoining landowner. Approved for City Council Agenda __________________________________________________________ Corby D. Alexander, City ManagerDate 4 EXHIBIT "B" 2 1 "INTERGULF" LOCATION OF 0.5987 AC. TRACT (HCAD ID #023-149-002-0001) WITHIN THE WEST "D" ST. R-O-W RESERVE "B" AMENDING PLAT OF LOTS 1-32, BLOCK 2, TOWN OF LA PORTE 506 S HWY 146 ASSOCIATES, LLC (HCAD ID #023-225-019-0001) TRS 1-8 & 25-32, BLK 119 & ABANDONED ALLEY & PT ABANDONED 11TH ST 120 119 W E ST Legend 121122 ABANDONED R-O-W AREA MAP 2 1 "INTERGULF" LOCATION OF 0.5987 AC. TRACT (HCAD ID #023-149-002-0001) WITHIN THE WEST "D" ST. R-O-W RESERVE "B" AMENDING PLAT OF LOTS 1-32, BLOCK 2, TOWN OF LA PORTE 506 S HWY 146 ASSOCIATES, LLC (HCAD ID #023-225-019-0001) TRS 1-8 & 25-32, BLK 119 & ABANDONED ALLEY & PT ABANDONED 11TH ST 120 119 W E ST Legend 121122 ABANDONED R-O-W REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June 10, 2013 Source of Funds:Fund 44 Requested By:Don Pennell/Jeff Suggs Account Number: 015-9892-656-1100 Department: Public Works/OEM Amount Budgeted:$1,100,000 Report: XResolution:Ordinance: Amount Requested: $ Exhibits:Preliminary Engineering Report Budgeted Item:YES Exhibits: Tentative GeneratorProgress Schedule Exhibits:Generator Summary Citywide Exhibits: September 18, 2012 Memo SUMMARY & RECOMMENDATION During the September 10, 2012 regular City Council meeting, City Council asked that staff provide an update of the city’s emergency back-up power capabilities. Staff prepared the attached memo dated September 18, 2012. The memo included a summary of additional generators and equipment that might be considered to improve the city’s back-up power capabilities at an estimated cost of $1.1-million. On January 28, 2013, City Council approved a budget amendment of $1.1million dollars for this work as part of the initiative by the City to provide continuity ofservices andexpedite the return of citizens to La Porte followingan emergency evacuation. Shrader Engineering was selected by staff to perform a feasibility study for emergency power connections and generator installation at the Wastewater Treatment Plant(WWTP), City Hall and Police Department. Unlike other facilities identified foremergency power, these facilities have existing emergency power equipment, large power demand and/or numerous expansions. Cost estimates in the The Preliminary Engineering report from Shrader Engineering is attached. Preliminary Engineering Report are construction cost estimates only and do not include design cost. Currently, the WWTP has transfer switches connected to the main power feed into the Original plant,and anewer expansion to allow for emergency generator connections in the event of power failure. Staff requested that Shrader look into running two generators,in parallel,to power the main treatment plant in lieu of onelarge generator. Thiswouldprovideredundancy in the event of a single generator failure.The plant would still operate at a reduced capacity with one generator. In the event the main plant becomesinoperable,one generator could be moved to the expansion plant and place the expansion in service. The Police Department facility currently hasa generator that can power the EOC, Dispatch Center and other offices at the front of the building in the event of a power outage. Schrader was asked to look at options to connect a portable generator to the facility in the event of existing generator failure. Additionally,they were asked to identify whatwould be necessary to provide emergency power to the entire facility in the event of a long term power outage. The current generator at City Hall is over thirty years old and can providepower to little more than the lights. Shrader was asked to look at options to provide power to the entire facility in the event of a power outage, both short and long term. When considering theaesthetic value, Option #1allows the potential to store the generator at a separate location until needed. Staff Recommendations: WWTP –Design electrical modifications for additional equipment to connect two 400Kw portable generators($460,000construction only). Police Department –Design Option #2installation ofadditional ATS and modify electrical to service EOCfacility with portable generator in the event the permanent generator fails or emergency power is required to the entire facility($90,000construction only). City Hall –DesignOption #1 to provide a manual transfer switch for connection of a portable generator in the event of an extended power outage($165,000construction only). for construction only Preliminary consultantestimate of recommended improvements: $715,000. Total cost for design and construction of these improvements are projected to exceed $715,000 once the design is completed. The total amount Budgetedis$1,100,000. Action Required by Council: Consider approval or other action to move forward with design and installation ofstaff recommendations for generators at the WWTP, the Police Department, and City Hall. Approved for City Council Agenda Corby D. Alexander,City ManagerDate PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR TableofContents TableofContents............................................................................i AcronymsandDefinitions................................................................ii Introduction...................................................................................1 AnalysisObjectives.........................................................................1 WastewaterTreatmentFacility................................................................1 PoliceDepartmentBuilding................................................................1 CityHallBuilding........................................................................2 ProbableCostofConstruction................................................................4 WastewaterTreatmentFacility................................................................4 PoliceDepartmentBuilding................................................................4 Building........................................................................4 CityHall Appendices.....................................................................................5 i PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR AcronymsandDefinitions ATS‘AutomaticTransferSwitch EOC‘EmergencyOperationsCenter HPHorsepower KW‘Kilowatt KVA‘Kilovoltampere MTS‘ManualTransferSwitch ROM‘RoughOrderofMagnitude WP‘Weatherproof ii PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR Introduction TheCityofLaPortehasrequestedananalysisofemergencystandbypoweroptionsatthe followingsites: WastewaterTreatmentFacilityPoliceDepartmentCityHall thrd 1301South4Street3001North23Street604WestFairmontParkway LaPorte,Texas77571LaPorte,Texas77571LaPorte,Texas77571 ThepurposeofthisPERistobrieflydescribethefeasibilityofinstallingequipmentand generatorsateachofthesekeyfacilitiessothattheCityofLaPortecanprovideservicesaftera majornaturaldisastereventcausingpoweroutage. AnalysisObjectives Theanalysisobjectivesforeachoftheforementionedsitesaretoofferstandbypoweroptions, addressconcernsidentifiedbytheCityandprovidebudgetnumbers.AttheWastewater TreatmentFacility,thepossibilityofparallelportablegeneratorswillbeanalyzed.Forboththe PoliceDepartmentandCityHall,thepracticabilityofinstallingtransferswitcheswitheithera stationarynaturalgasgeneratororaportabledieselgeneratorwillbeexamined.Additionally, roughorderofmagnitude(ROM)costestimatesareprovided. 1 WastewaterTreatmentFacility Basedonthelistofexpectedequipmenttobeinoperation,two400KWportablediesel 2 generatorswithparallelingcapabilitywillbeusedtodeliveremergencypowertothemain plant.Eachgeneratorwillneedtohaveacontrollerandbreaker.Afeederfromeachgenerator connectingtoacommonbuswillfeedtheexistingATS.Thiswillrequireadditionalswitchgear equipmenttobeinstalledattheplanttoaccommodatetheparallelingofthegenerators. and Parallelinggeneratorsatthislocationwouldallowforonegeneratortobemovedtothe wastewatertreatmentplantexpansionintheeventthemainplantisinoperable.Basedonthe listofexpectedequipmenttobeinoperation,oneofthe400KWportabledieselgenerators 2 couldbeusedtodeliveremergencypowertotheplantexpansion. PoliceDepartmentBuilding h¦·zš“ BasedonthepeakKVAloadprovidedbythepowercompany,a350KWstandbygeneratorand 2 serviceratedATSwillbeusedtodeliveremergencypower.Theexisting350KWnaturalgas 1 PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR generatorwillbereusedtodeliveremergencypower.TheexistingATSwillberemovedand thenewATSwillbeinstalledattheservicetotheMainSwitchBoard.Generatorconductorswill thenbereconfiguredtofeedthenewATS.ThisallowstheOwnertoselectloadsthroughout theentirebuildingthatwouldrunonemergencypower. Thisoptionshouldbepursuedwithcaution.DuringextensiveusageoftheEmergency OperationsCenter(EOC),the350KWgeneratormaybecomeoverloaded.Thiswilltripservice tothebuildingandwouldresultinlossofEOCoperationsuntilrestartandloadshedding. h¦·zš“ TheexistingATSand350KWgeneratorwillremainasbuiltservingtheEOCandDispatch.In addition,anewserviceratedATSwillbeinstalledattheservicetotheMainSwitchBoard.A terminalboxforaportablegeneratorconnectionwilltieintothenewATStoallowfor emergencypowerservicetoanythingfedfromtheMainSwitchBoardincludingtheEOC.Inthe eventtheexistinggeneratorfails,thenewATSwillbeabletoprovidepowertoanyloadsinthe building.Iftheportablegeneratorthatisconnectedistoosmalltocarrythefullbuildingload, qualifiedmaintenancepersonnelwillneedtoshutoffunnecessaryloadstoensurecontinuous operationoftheEOCandDispatch. h¦·zš“ Theexisting350KWnaturalgasgeneratorwillbereusedtodeliveremergencypoweranda newATSwillbeinstalledattheservicetotheMainSwitchBoardasinOption1.Connectedto theATSwillbethreeinterlockeddisconnectstoisolatestandbygeneratorcircuits.Thisallows theadditionofaportablegeneratorconnectionforredundantbackuppower. ThisoptionshouldbepursuedwithcautionasmentionedinOption1. h¦·zš“ KVAloadof1,260KVArequiresapproximately1.5MWgenerator.Thisgenerator Thedesign wouldallowfortheentirefacilitytobeusedatitsfulldesignedcapability.AnATSwillsense powerlossandstartthegeneratorintheeventofnormalpowerlosswhereasaMTSrequires anoperatortomanuallystartthegeneratorandthrowtheswitchtodeliveremergencypower. 3 CityHallBuilding BasedonthepeakKVAloadprovidedbythepowercompany,a200KWstandbygeneratorand 2 serviceratedtransferswitchwillbeusedtodeliveremergencypower.Eitherastationary 2 PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR naturalgasgeneratororaportabledieselgeneratorisavailableatthissize.AnATSwillsense powerlossandstartthegeneratorintheeventofnormalpowerlosswhereasaMTSrequires anoperatortomanuallystartthegeneratorandthrowtheswitchtodeliveremergencypower. 3 GeneralNotes: 1 Installationsassumedtobeperformedbyqualifiedelectricalcontractors. 2 Inanycasewheregeneratorisnotsizedforthefacilitiesfulldesignload,qualifiedmaintenancepersonnelwillbe requiredtomanageloadingofthegeneratortopreventtrippinggeneratorbreaker. 3 Qualifiedelectricianswillberequiredtoperformallmanualtransferofservices. 3 PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR ProbableCostofConstruction ThefollowingareROMestimatesforthecostofconstructionasdescribedinthisPER.ROMcost isdefinedas±35%asinstalledthroughacompetitivelybidcontract.Estimatescanberefined duringdetaileddesign. WastewaterTreatmentFacility PortableDieselGenerator(Ea.)$125,000 (Includescontroller) ElectricalEquipment$210,000 Total$460,000 PoliceDepartment Building Option1‘ReuseofExistingGenerator$200,000 (IncludesnecessaryelectricalequipmentandATS) Option2‘1600AATSandRollupGeneratorTerminalBox$90,000 Option3‘Option1withThreeWayInterlockedSwitch$280,000 Option4‘1600AATSand1.5MWNaturalGasGenerator$1,530,000 (IncludesstandardWPenclosure) CityHallBuilding Option1‘PortableDieselGenerator Generator$80,000 ATS$25,000 ElectricalEquipment$60,000 Total$165,000 Option2‘NaturalGasGenerator Generator(StandardWPEnclosure)$130,000 ATS$25,000 ElectricalEquipment$60,000 Total$215,000 4 PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR Appendices Appendix1:WastewaterTreatmentPlantListofExpectedEquipmenttoOperate AlistedofexpectedequipmenttooperateonemergencypowerwasprovidedbyMr.Robert BanksonMay1,2013. th StreetMainWastewaterTreatmentPlant 1301S.4 Minimumequipmentneededoperatingonexistingemergencypower(400Amax.): (6)‘25HPRotorpumps o (1)‘3HPmotorand5HPwashpress o (2)‘25HPLiftpumps o (2)‘30HPLiftpumps o (4)‘1HPClarifiers o Allchlorineequipment o Allsulfurdioxideequipment o (1)‘25HPSmallblower o (2)‘45HPRASPumps o (2)‘30HPPlantwaterpumps o Officebuilding o (1)‘1HPThickenerdrive o (1)‘5HPDigesterpump o Additionalequipmenttooperateonemergencypower (1)‘200HPBlowerwithRVATat65%tap o th 1302S.4StreetWastewaterTreatmentPlantExpansion Minimumequipmentneededoperatingonemergencypower: (1)‘150HPMechanicalaeratorwithVFD o (1)‘1HPClarifier o (1)‘20HPRASpumpwithVFD o 5 PRELIMINARYENGINEERINGREPORTShraderEngineeringInc. CITYOFLAPORTE‘GENERATORSANDSWITCHGEAR Appendix2:CityofLaPortePowerConsumptions APowerConsumptionReportwasprovidedbyMr.DonPennellonApril22,2013viaemail.The followingtablesrepresentthepeakKVAreadingfortheshownbillingperiod.BuildingpeakKVA fortheprevious12monthsprovidesagoodmetricforgeneratorsizing.Additional,nonnormal conditionssuchasalargeinfluxofpeopletobuildingsarenotconsidered.Theassumption takenisthatthegeneratorisprovidedfornormaloperationstoreturnassoonaspossible. PoliceDepartment StartDateEndDateMeteredKVA 2012-01-212012-02-20 191 2012-02-212012-03-20 217 2012-03-212012-04-19 215 2012-04-202012-05-18 226 2012-05-192012-06-19 267 2012-06-202012-07-19 276 2012-07-202012-08-17 298 2012-08-182012-09-18 272 2012-09-192012-10-17 232 2012-10-182012-11-15 224 2012-11-162012-12-18 200 2012-12-192013-01-21 200 12 month peak KVA shown in gray CityHall StartDateEndDateMeteredKVA 2012-01-132012-02-10 127 2012-02-112012-03-12 138 2012-03-132012-04-11 140 2012-04-122012-05-10 144 2012-05-112012-06-11 148 2012-06-122012-07-11 154 2012-07-122012-08-09 159 2012-08-102012-09-10 150 2012-09-112012-10-09 146 2012-10-102012-11-07 138 2012-11-082012-12-10 125 2012-12-112013-01-11 125 12 month peak KVA shown in gray 6 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:10 June 2013 Source of Funds: Requested By:Scott D. Livingston Account Number: Department: Economic Development Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits:Update Memo Budgeted Item:YESNO Exhibits: Recruitment Flyer for ICSC Exhibits Project Timeline SUMMARY & RECOMMENDATION In January 2013, the La Porte Development Corporation Board approved a contract with Catalyst Commercial to complete a retail and market study.Since that time, Catalyst has been collecting data for trade area delineation, competing trade area statistics, traffic counts, and mapping of key metrics/data. In April 2013, a representative from Catalyst provided a status report to both the La Porte Development Corporation and the City Council. At that time, both boards had some questions regarding the information presented byCatalyst. Mr. Jason Claunch will be present to provide the Council with an additional update onthe retail studyand address specific concerns raised by the EDC Board and the City Council. Action Required by Council: None Approved for City CouncilAgenda Corby D. Alexander,City ManagerDate OVERVIEW RETAIL PRIMARY TRADE AREA STATISTICS La Porte is located in Harris County, OVERVIEWYRPTACITY1 MILE3 MILES5 MILES Texas, approximately 26 driving miles Population2012382,96934,0562,63028,92265,637 from Downtown Houston. 2017403,95635,6072,84430,52668,689 Median Age201233.934.834.835.334.8 Median HH Income2012$53,917 $59,337 $70,204 $60,488 $62,274 2017$60,765 $64,938 $74,765 $65,899 $68,675 on the western edge of Galveston Bay. La Porte is also home to the EDUCATION 2012 TRAFFIC COUNTSVPD (PTA) San Jacinto Monument and Hwy 146, n of Spencer Hwy71,411College Graduate30.9% Hwy 146, n of Fairmont Pkwy68,015Some College, 24.9% the Battleship Texas which no Degree Fairmont Pkwy, w of Hwy 14626,789High School Graduate24.3% combined are the destination Spencer Hwy, w of Hwy 14617,428Less than High School20.0% of over 350,000 visitors per INCOME 20122017 year. La Porte also has the only (PTA) Average Household$72,023 $80,794 public beach in Harris County, AGE GROUPS 2012 (PTA) Median Household$53,917 $60,765 Sylvan Beach. 0 - 9 years15.0% Per Capita$26,270 $29,337 10 - 14 years7.6% 15 - 19 years7.3% La Porte has higher incomes RACE 20122017 (PTA) 20 - 24 years7.3% White Alone74.0%72.9% than its Primary Trade Area 25 - 34 years14.3% Black Alone5.9%5.9% (PTA). The La Porte median 35 - 44 years13.0% Amer. Indian Alone0.7%0.7% income in 2012 was $53,917 45 - 54 years14.1% Asian Alone4.1%4.4% and is expected to grow 55 and older24.4% 0.1%0.1% to $60,765 by 2017, a 13% Some Other Race12.2%12.8% increase. Two or More Races3.0%3.3% Hispanic (Any Race)40.3%43.0% TRAFFIC COUNT MAP PRIMARY TRADE AREA MAP NORTH NORTH CONTACT INFORMATION: 5307 Mockingbird Lane 5th Floor Dallas, Texas 75206 catalystcommercial.net prepared by: City of La Porte 604 W. Fairmont Pkwy Copyright2013 CATALYST COMMERCIAL. The information provided herein is deeis subject to errors, omissions, La Porte, TX 77571 combines strategy, technology and retail analytics to deliver hi (281) 470-5016 governments, private developers, retailers and economic developmSource: ESRI, 2013. LA PORTE PRIMARY TRADE AREA CONTACT INFORMATION: 5307 Mockingbird Lane 5th Floor Dallas, Texas 75206 catalystcommercial.net prepared by: City of La Porte 604 W. Fairmont Pkwy Copyright2013 CATALYST COMMERCIAL. The information provided herein is deeis subject to errors, omissions, La Porte, TX 77571 combines strategy, technology and retail analytics to deliver hi (281) 470-5016 governments, private developers, retailers and economic developmSource: ESRI, 2013. AERIAL CONTACT INFORMATION: 5307 Mockingbird Lane 5th Floor Dallas, Texas 75206 catalystcommercial.net prepared by: City of La Porte 604 W. Fairmont Pkwy Copyright2013 CATALYST COMMERCIAL. The information provided herein is deeis subject to errors, omissions, La Porte, TX 77571 combines strategy, technology and retail analytics to deliver hi (281) 470-5016 governments, private developers, retailers and economic developmSource: ESRI, 2013. REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:10 June 2013 Source of Funds: Requested By:Corby D. Alexander Account Number: Department: Administration Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits:Encroachment Map Budgeted Item:YESNO SUMMARY & RECOMMENDATION At the January 14, 2013 Council Meeting, Councilman Zemanek requested staff to investigate potential encroachments of public rights-of-way by adjacent property owners. The following report detailsstaff’sfindings for properties that have encroachments into public rights-of-way. Staff’s research is based on sites that appear to have obvious and apparentencroachments with no documentation of right-of-way abandonment. The following resources were exclusively utilized to compile this information: 2002, 2010& 2012 Digital Aerial Photography Harris County Appraisal District’s 2012 Tax Parcel Shapefile Laserfische Ordinances from the City’s “Public Records” link on the website Personal Street/Alley Closing Records (located on the City ComputerNetwork) Action Required by Council: None. Approved for City Council Agenda Corby D. Alexander,City ManagerDate CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 Phone: (281) 471-5020 / Fax (281) 471-5005 www.laportetx.gov TO: Corby Alexander, City Manager CC: Tim Tietjens, Planning Director FROM: Brian Sterling, GIS Manager DATE:5/10/13 RE: Research ofEncroachment upon Public Rights-of-Way(Updated) At the January 14, 2013 Council Meeting, Councilman Zemanek requested staff to investigate potential encroachments of public rights-of-way by adjacent property owners.I’ve attached an updatedreportdetailing my findings for your reference. The following resources were exclusively utilized to compile this information: 2002, 2010 & 2012 Digital Aerial Photography Harris County Appraisal District’s 2012 Tax Parcel Shapefile LaserfischeOrdinances from the City’s “Public Records” link on the website Personal Street/Alley Closing Records (located on the City Computer Network) My research is based on sites that appear to have obvious and apparent encroachments withno documentation of right-of-way abandonment. Should you require any additional information, please feel free to contact me. BS AREA MAP - RIGHT-OF-WAY ENCROACHMENT RESEARCH S 3RD ST N 4TH ST N 6TH ST S 7TH ST S 8TH ST S 14TH ST S 16TH ST 7271 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 49 50 1 Legend CLOSED R-O-W ALLEY, BLOCK 50, LA PORTE PARCELS (TEXAS PETROLEUM GROUP, LLC #582) RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 7271 2 Legend CLOSED R-O-W ALLEY, BLOCK 71, LA PORTE (MAINOR) 4950 PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 93 91 92 3 Legend CLOSED R-O-W ALLEY, BLOCK 92, LA PORTE (DANIELS) PARCELS 7778 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 4 9695 Legend CLOSED R-O-W ALLEY, BLOCK 95, LA PORTE (BAYOU PROPERTIES) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 5 332 333 331 Legend 14 CLOSED R-O-W ALLEY, BLOCK 332, LA PORTE (LA PORTE ISD) PARCELS 102 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 682683 6 Legend CLOSED R-O-W ALLEY, BLOCK 683, LA PORTE (JACKSON) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 690689688 7 Legend CLOSED R-O-W ALLEY, BLOCK 689, LA PORTE (McKENZIE) PARCELS 715716717 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 8 718719 Legend CLOSED R-O-W ALLEY, BLOCK 719, LA PORTE (LOWE) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 9 72148 Legend CLOSED R-O-W ALLEY, BLOCK 721, LA PORTE (HOOTMAN) PARCELS 75625 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 10 1143 788789 787 Legend W D ST CLOSED R-O-W ALLEY, BLOCK 788, LA PORTE (MEDDERS, GEORGEANN & WESMOR) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 11 789790791 Legend CLOSED R-O-W ALLEY, BLOCK 790, LA PORTE (TEMPLO BAUTISTA) PARCELS 64996 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 68473 12 Legend CLOSED R-O-W NORTH 12TH ST. - 300 BLOCK (JACKSON) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 836 1 inch = 50 feet 655 654 13 Legend CLOSED R-O-W NORTH 18TH ST. - 400 BLOCK (MAXIM) PARCELS 678679 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 332 333 331 14 102 103 104 Legend CLOSED R-O-W NORTH 'E' ST. - 600 BLOCK (LA PORTE ISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 15 Legend ALLEY, BLOCK 221, LA PORTE CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 16 Legend ALLEY, BLOCK 244, LA PORTE CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 17 Legend 447 ALLEY, BLOCK 245, LA PORTE CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 447 1 inch = 50 feet 18 Legend ALLEY, BLOCK 271, LA PORTE CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 447 19 Legend ALLEY, BLOCK 249, LA PORTE CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 20 447 Legend ALLEY, BLOCK 246, LA PORTE CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 242 21 Legend ALLEY, BLOCK 243, LA PORTE CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 248 22 Legend ALLEY, BLOCK 247, LA PORTE CLOSED R-O-W (LPISD) PARCELS 918 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 50 feet 23 Legend ALLEY, BLOCK 268, LA PORTE CLOSED R-O-W (LPISD) PARCELS 13220 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 100 feet 223 12 24 242 109 Legend EAST "D" ST. R-O-W 22 CLOSED R-O-W (LPISD) 132 PARCELS 223 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 100 feet 242 248 25 Legend EAST "E" ST. R-O-W CLOSED R-O-W (LPISD) 447 PARCELS 242 RIGHT-OF-WAY ENCROACHMENT RESEARCH 249 1 inch = 100 feet 248 737 918 26 447 19 Legend EAST "F" ST. R-O-W CLOSED R-O-W (LPISD) 533 PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 219 1 inch = 75 feet 341 13220 223 12 27 Legend 1st AVE. R-O-W (TEXAS) 109 CLOSED R-O-W (LPISD) PARCELS 223 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 75 feet 28 Legend 1st AVE. R-O-W (TEXAS) 27c CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 109 1 inch = 75 feet 29 132 447 Legend 133 1st AVE. R-O-W (TEXAS) CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 75 feet 447 30 533 Legend 272 1st AVE. R-O-W (TEXAS) CLOSED R-O-W (LPISD) PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 75 feet 447 31 533 Legend 272 3rd AVE. R-O-W CLOSED R-O-W (LPISD) PARCELS 223 RIGHT-OF-WAY ENCROACHMENT RESEARCH 1 inch = 100 feet 242 32 248 Legend 3rd AVE. R-O-W CLOSED R-O-W (LPISD) 447 PARCELS RIGHT-OF-WAY ENCROACHMENT RESEARCH 737 1 inch = 100 feet 248 33 447 Legend 4th AVE. R-O-W CLOSED R-O-W 533 (LPISD) PARCELS Council Agenda Item June 10, 2013 10. (a)Receive report ofLa Porte Development Corporation Board –Councilmember Engelken *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June10,2013 Source of Funds: N/A Requested By: Tim Tietjens,J. Garza Account Number: N/A Department: Planning Amount Budgeted:N/A Report: XResolution:Ordinance: Amount Requested:N/A Exhibits:Biggert Waters Flood Insurance Reform Budgeted Item:__YESNO Exhibits: Flood Hazard Reduction Ordinance Exhibits: Effective Flood Insurance Rate Maps Exhibits: Preliminary Flood Insurance Rate Maps SUMMARY & RECOMMENDATION The Federal Emergency Management Agency (FEMA) has prepared draft maps showing the results of arecent study of the coastal areas affected by storm surge.FEMA’s Consultation Coordination Office conducted its first meeting for community officials on May 15, 2013 and thth will host open three open house events for the public on June 25and 26from 2 PM to 8 PM at th the Webster Civic Center located at 311 Pennsylvania Ave., Webster, Texas 77598 and June 27 from 2 PM to 8 PM at the Baytown Community Center located at 2407 Market Street, Baytown Texas 77520. Although the Preliminary Flood Insurance Rate Maps do not substantially increase the Special Flood Hazard Areas, the Base Flood Elevations in existing Special Flood Hazard Areas have increased by as much as two feet. In addition to the Preliminary Flood Insurance Rate Map changes, the National Flood InsuranceProgram is undergoing changes enacted by the Biggert Waters Flood Insurance Reform Act of 2012 passed by Congress in 2012. Key provisions of the legislation will require the National Flood Insurance Program to raise rates to reflect true flood risk, make the program more financially stable, and change how Flood Insurance Rate Map updates impact policy holders over time. Staff will be presenting information regarding these changes and will be seeking direction from Council for any additional actions required as a result of the briefing. Action Required by Council: Provide direction regarding any action that may be desired as a result of this informational report. Approved for City Council Agenda Corby D. Alexander, City ManagerDate Council Agenda Item June 10, 2013 11.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Community Civic Club Juneteenth Festivities, June 14-16, 2013 City Council Meeting, Monday, June 24, 2013 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– Councilmember Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen and Mayor Rigby. 13.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street. Texas Government Code, Section 551.071(2) – Consultationwith city attorney regarding legal issues related to property exchange withLPISD. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in . executive session *********************************************************************************** Council Agenda Item June 10, 2013 15.ADJOURN ***********************************************************************************