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HomeMy WebLinkAbout06-24-13 Regular Meeting of La Porte City CouncilLOUIS R. RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Mayor Pro-Tem Councilmember District 5 MIKE CLAUSEN Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held June 24, 2013, beginning at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, 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 given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Tommy Moser. 4. PUBLIC COMMENTS (Limited to five minutes per person.) 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on June 24, 2013 — P. Fogarty (b) Consider approval or other action regarding appointment of Matthew Seurrattan to the La Porte Police Reserve Force — K. Adcox (c) Consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte by authorizing the City of La Porte to accept credit card payments for payments of fees, fines, court costs and other charges — M. Dolby (d) Consider approval or other action regarding a Resolution of the City of La Porte, Texas opposing the Biggert Waters Flood Insurance Reform Act of 2012 — T. Tietjens 6. PUBLIC HEARING AND ASSOCIATED ORDINANCE (a) Public Hearing to receive comments regarding La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2013 — D. Ladd (b) Consider approval or other action regarding the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2013 — D. Ladd (c) Public Hearing to receive comments regarding mandatory review of Juvenile Curfew Ordinance (93-1887) — K. Adcox (d) Consider approval or other action regarding the continuation of Ordinance 93-1887, as codified in Chapter 42 of the La Porte Code of Ordinances, regarding Curfew for Juveniles — K. Adcox 7. AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing new Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association effective October 1, 2013 through September 30, 2016 — K. Adcox (b) Consider approval or other action regarding a Resolution authorizing the sale of City owned surplus real property located at Lots 7, 8, 9, 10, 11 and '/2 of Lot 6, Block 25, Town of La Porte — M. Dolby (c) Consider approval or other action authorizing the City Manager to execute a contract with Forde Construction Company, Inc for Asphalt Street Resurfacing — D. Mick (d) Consider approval or other action regarding an Ordinance adopting an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees — Councilmembers Zemanek, Kaminski and Moser 8. REPORTS (a) Receive Delinquent Tax Report — T. Leach (b) Receive Strategic Plan Update — T. Leach (c) Receive Quarterly Planning Audit Report — T. Tietjens 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • July 4, 2013, Thursday, Holiday • La Porte Development Corporation Board Meeting, Monday, July 8, 2013 • City Council Meeting, Monday, July 8, 2013 • City Council Meeting, Monday, July 22, 2013 • La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmember Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and Mayor Rigby. 11. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.071(2) — Consultation with city attorney regarding legal issues related to property exchange with LPISD. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 13. ADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the June 24, 2013, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on June 18, 2013. Council Agenda Item June 24, 2013 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Tommy Moser. 4. PUBLIC COMMENTS (Limited to five minutes per person.) ************************************************************************ Council Agenda Item June 24, 2013 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on June 24, 2013 — P. Fogarty (b) Consider approval or other action regarding appointment of Matthew Seurrattan to the La Porte Police Reserve Force — K. Adcox (c) Consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte by authorizing the City of La Porte to accept credit card payments for payments of fees, fines, court costs and other charges — M. Dolby (d) Consider approval or other action regarding a Resolution of the City of La Porte, Texas opposing the Biggert Waters Flood Insurance Reform Act of 2012 — T. Tietjens *********************************************************************************** LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 10, 2013 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Mayor Pro Tem Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, June 10, 2013, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:03 p.m. Members of Council present: Councilmembers Mosteit, Engelken, Leonard, Zemanek, Moser, Martin and Clausen. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. Councilmember Dottie Kaminski was absent. 2. INVOCATION - The invocation was given by Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Jay Martin. 4. 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 Judge Denise Mitrano administered Oath of Office to Councilmembers Tommy Moser, District 4; Jay Martin, District 5; and John Zemanek, At Large A. 5. PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 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 Page 1 of 7 June 10, 2013, Council Meeting Minutes (f) Consider approval or other action regarding renewal of an agreement with AT&T for OPT-E-Man services — J. Suggs Councilmember Engelken moved to approve the Consent Agenda pursuant to staff recommendations. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays: None Absent: Councilmember Kaminski 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 City Council reopened the public hearing at 6:07 p.m. to receive comments from the public regarding condemnation of one (1) substandard building located at 3031 S. Broadway (Old Highway 146). Senior Engineer Julian Garza presented a summary of activities to date on this property. Councilmember Zemanek questioned if staff has received an engineering report from Mr. Manning. Senior Engineer Julian Garza responded no. Mayor Rigby questioned if the handwritten list of repairs received by Mr. Garza from the property owner addresses items in the initial preliminary report completed by Mr. Manning. Mr. Garza responded he has not received a report from Mr. Manning. J. B. Williamson 820 W. Main, addressed Council on behalf of property owner, Suzan Rector, requesting additional time to obtain an engineering report from Manning Engineering. Councilmember Zemanek questioned how Mr. Manning was retained for the project. Mr. Williamson responded he advised Ms. Rector to contact Mr. Manning. Councilmember Zemanek questioned Ms. Rector why an additional 90 days should be granted if nothing was been done in the previous 90 days. Ms. Rector responded, again, that she does not have the engineering report from Mr. Manning. Councilmember Leonard commented the property owner does not have an estimate for repairs from a tradesman due to not having an engineering report. Councilmember Martin asked Ms. Rector how long the property has been vacant. Ms. Rector responded she does not know. Councilmember Martin questioned what will be accomplished with an additional 90-day extension. Ms. Rector then requested a 60-day extension instead of 90 days. It was indicated that there was nothing wrong with the building other than some cosmetic issues. Councilmember Zemanek asked Senior Engineer Julian Garza if it is common practice of the City of La Porte to place a building in the Dangerous Building category based on cosmetic issues. Mr. Garza responded no, not for cosmetic issues and the proceeded to read the Inspection Report that listed five categories that dictate a Dangerous Building. Mayor Rigby requested Senior Engineer Julian Garza to advise Council how many meetings were held with City staff, Ms. Rector, Mr. Williamson and Mr. Manning in the previous eight months. Mr. Garza responded he has been assured by the Deputy Building Official and Chief Inspector there has been no contact, no meetings and no action on the structure. Page 2 of 7 June 10, 2013, Council Meeting Minutes Staff recommended moving forward with condemnation based upon the ordinance as there is no proof of action by the property owner. Councilmember Martin questioned Ms. Rector if she has considered selling the property. Ms. Rector responded it is an option if repaired. City Council closed the public hearing at 6:31 p.m. with no extension of time to complete repairs. (b) Consider approval or other action of an Ordinance condemning the structure located at 3031 S. Broadway (Old Highway 146) — J. Garza Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3483: AN ORDINANCE DECLARING THE BUILDING (S) LOCATED AT 3031 S. BROADWAY HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT SUSAN RECTOR IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Councilmember Martin moved to adopt Ordinance 3483 condemning the structure located at 3031 S. Broadway (Old Highway 146). Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek and Leonard Nays: Councilmember Moser Absent: Councilmember Kaminski 8. AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action authorizing supplemental down payment assistance for the three homes in Phase One of the Northside Neighborhood IV Program — T. Tietjens Planning Director Tim Tietjens and Realtor Lou Ann Martin, with Main Properties, presented a summary. Mayor Rigby questioned Ms. Martin how many individuals she spoke to are qualified for the additional $10,000.00. Ms. Martin responded she will not know until applications are processed if the assistance is approved by Council. Councilmember Martin questioned City Manager Alexander where would funding come from if approved by Council. Mr. Alexander responded the General Fund. Councilmember Moser questioned Planning Director Tim Tietjens where did funding for supplemental down payment assistance previously came from for homes on the Northside. Mr. Tietjens responded Harris County Community Services. Councilmember Moser moved to authorize supplemental down payment assistance for three homes in Phase One of the Northside Neighborhood IV Program. Councilmember Zemanek seconded. MOTION PASSED. Page 3 of 7 June 10, 2013, Council Meeting Minutes 9 Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays: None Absent: Councilmember Kaminski (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 146-South and the west right-of-way line of South 11 th Street (abandoned), approve a Public Utility & Drainage Easement and authorize the execution and delivery of a deed to the adjoining landowner — T. Tietjens Planning Director Tim Tietjens presented a summary. Mayor Rigby questioned Planning Director Tim Tietjens if the check was submitted with the application. Mr. Tietjens responded no it was submitted later. Councilmember Engelken moved to adopt Ordinance 2013-3484 vacating, abandoning, and closing the West "D" Street Right -of -Way between the west right -of -line of State Highway 146- South and the west right-of-way line of South 11th Street (abandoned), approve a Public Utility & Drainage Easement and authorize the execution and delivery of a deed to the adjoining landowner. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays: None Absent: Councilmember Kaminski Assistant City Attorney Clark Askins read the caption of Ordinance 2013-3484 prior to the vote: AN ORDINANCE VACATING ABANDONING AND CLOSING A PORTION OF THE WEST "D" STREET RIGHT-OF-WAY, LA PORTE, HARRIS COUNTY, TEXAS RETAINING A PUBLIC UTILITY AND DRAINAGE EASEMENT, AND AUTHORZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding emergency generators — D. Pennell/J. Suggs Assistance Public Works Director Don Pennell and Emergency Management Coordinator Jeff Suggs discussed additional generators and equipment to improve the City's back-up power capabilities to provide continuity of services and help expedite the return of citizens to La Porte following an emergency evacuation. The feasibility study performed by Shrader Engineering for emergency power connections and generator installation at the Wastewater Treatment Plant (WWTP), City Hall and Police Department was also discussed. Councilmember Mosteit questioned the recommendation to adjust costs for improvements at the Lift Stations in the Lomax Area. Assistant Public Works Director Don Pennell responded a survey is in process. Councilmember Moser commented he supports the emergency generators and wants it done correctly. Councilmember Moser moved for staff to come back with cost estimates for permanent standby generators at the Wastewater Treatment Plant and City Hall, and supports remaining staff recommendations. Councilmember Zemanek seconded. MOTION PASSED. Page 4 of 7 June 10, 2013, Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Engelken, Mosteit, Clausen, Martin, Zemanek, Leonard and Moser Nays: None Absent: Councilmember Kaminski (b) Discussion or other action regarding retail and market study from Catalyst Commercial — S. Livingston Economic Development Coordinator Scott Livingston presented a summary for the retail and market study done by Catalyst Commercial. Jason Claunch with Catalyst Commercial provided a report. Councilmember Zemanek questioned Mr. Claunch in regards to the traffic study if retailers were not concerned with drive-thru traffic on freeways. Mr. Claunch responded "drive-thru traffic" would not be a core customer. Core customers are individuals currently shopping in La Porte or individuals possibly shopping in other retail modes. Mayor Rigby questioned if the traffic counts exclude truck traffic on Highway 146. Mr. Claunch responded no. Councilmember Leonard commented knowing the origin or destination of traffic on Highway 146 would be beneficial for future advertisement purposes. Councilmember Martin questioned whether, based on other communities' traffic studies, it can be determined what types of retail can be attracted. Mr. Claunch responded the retail analytics for the City of La Porte's market place have not yet been completed to provide the information. Mr. Claunch informed Council the first phase of the retail and market study will be completed between 30-45 days. (c) Discussion or other action regarding closure of right-of-way encroachments within the City of La Porte — Councilmembers Zemanek, Kaminski and Moser Councilmembers Zemanek presented a summary and requested Council to discuss plans for right of way encroachments within the City of La Porte. City Manager Corby Alexander requested Council provide staff with direction on addressing right-of-way encroachments with adjacent property owners. Mayor Rigby questioned staff if an individual can come to the Planning Department with a set of drawings with intent to build at a certain location and be informed of an encroachment on an alley or a right-of-way. Planning Director Tim Tietjens responded yes. Councilmember Leonard commented he would like to see the City contact property owners to notify them of any encroachments and see if they would like to apply for a closing or vacate the property. GIS Manager Brian Sterling informed Council a governmental entity with eminent domain is exempt from application and closing fees but is responsible for coordinating with the City's franchise utility companies if easements are required. Mayor Rigby questioned Mr. Sterling why the Right -of -Way Encroachment Report included a column listed as "Since 2002." Mr. Sterling responded that designation means aerial photography from 2002 was utilized to determine the duration of the encroachment. Mayor Rigby questioned Assistant City Attorney Clark Askins if owners actually own the property listed on the Encroachment Report if a permit was issued and a structure was built on or across the alley or right-of-way. Mr. Askins responded it is not definitive. Page 5 of 7 June 10, 2013, Council Meeting Minutes Council directed City Manager Corby Alexander to meet with staff and come to a resolution for right- of -way encroachments with adjacent property owners. 10. REPORTS (a) Receive report of La Porte Development Corporation Board — Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting which was held just prior to this council meeting. (b) Receive report of Federal Emergency Management Agency (FEMA) Draft Maps — T. Tietjens Planning Director Tim Tietjens provided a report. Councilmembers are concerned with the rising costs of flood insurance. Councilmember Martin said he would like for the City to contact our elected officials and ask for help with this issue like the State of New Jersey did. 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 City Manager Corby Alexander reported he and Economic Development Coordinator Scott Livingston attended the Sylvan Beach Bash event this past weekend. 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. Councilmember Martin commented he is looking forward to Councilmember Kaminski return to City Council and requested direction on how to approach Harris County for a fish cleaning station at Sylvan Beach; Councilmember Moser congratulated newly re-elected Councilmembers Martin and Zemanek and thanked Council for their support of late Coaches Peoples and Hutchins into the Texas High School Coaches Association Hall of Honor and reminded everyone of the upcoming La Porte Community Civic Club Juneteenth festivities; Councilmember Zemanek congratulated newly re-elected Councilmembers Martin and Moser, thanked the citizens of La Porte for allowing him to serve another three-year term and provided an update on Councilmember Kaminski and her expected return to City Council meetings; Councilmembers Leonard, Engelken and Clausen congratulated newly re-elected Councilmembers Moser, Martin and Zemanek and wished Councilmember Kaminski well on her release from the hospital; Councilmember Mosteit wished Councilmember Kaminski well on her return to City Council, congratulated newly re-elected Councilmembers Moser, Martin and Zemanek, and thanked Lou Ann Martin and Main Properties for waiving fees for the homes in Phase One of the Northside Neighborhood IV Program; Mayor Rigby informed he attended the City of La Porte Employee Picnic, the Linde La Porte HyCO Groundbreaking, congratulated newly re-elected Councilmembers Moser, Martin and Zemanek and commented he looks forward to Councilmember Kaminski's return to City Council. 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. Page 6 of 7 June 10, 2013, Council Meeting Minutes Texas Government Code, Section 551.071(2) — Consultation with city attorney regarding legal issues related to property exchange with LPISD. City Council recessed the regular meeting to convene an executive session at 8:29 p.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 consult with the City Attorney regarding legal issues related to property exchange with LPISD. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The regular meeting was reconvened at 9:01 p.m. Regarding possible land acquisition in area bounded by State Highway 146, Broadway, Barbours Cut and Main Street. No action was taken. Regarding consultation with City Attorney in regards to legal issues related to property exchange with LPISD, City Council directed City Manager Corby Alexander to perform title searches on all 33 properties, speak with an attorney at Texas Municipal League regarding opinion generated by LPISD and the City of La Porte, and report back as soon as possible with a creative resolution. 15. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 9:02 p.m. Councilmember Zemanek seconded. MOTION PASSED UNANIMOUSLY. Patrice Fogarty, City Secretary Passed and approved on June 24, 2013. Mayor Louis R. Rigby Page 7 of 7 June 10, 2013, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6-24-13 Requested By: Kenith Adeox Department: Por,.a Report: Resolution: Ordinance: Exhibits: Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Article III, Section 54-61 of the Code of Ordinances and the Texas Government Code, Section 341.012, both entitled "Police Reserve Force", require that persons appointed by the Chief of Police as reserve police officers must be approved by City Council before they may carry a weapon or otherwise act as a peace officer. The Department is requesting that City Council approve the appointment of Matthew Seurrattan to the Police Reserve Force. Mr. Seurattan is currently a licensed Texas Peace Officer and has passed all required screenings and interviews for a Reserve Officer appointment. Action Required by Council: Consider approval or other action to appoint Matthew Seurrattan to the La Porte Police Reserve Force. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Michael Dolby Department: Finance Report: _Resolution: Ordinance: XX Exhibits: 1. Ordinance Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: _YES _NO SUMMARY & RECOMMENDATION The City of La Porte currently collects payments for fines and fees through the use of credit cards. As a result of the recent municipal court audit, it was determined that the City did not have an ordinance in place that permitted the City to collect by credit card or assess processing fees and/or service charges on these payments. This ordinance amends Chapter 2 of the Code of Ordinances to put in place regulations authorizing the city to accept payments by credit cards and to assess processing fees and/or service charges, when applicable. The fees as outlined in this ordinance are consistent with the current fees being collected. Action Required of Council: Consider approval or other action of an Ordinance amending Chapter 2 of the Code of Ordinances to put in place regulations authorizing the city to accept payments by credit cards and to assess processing fees and/or service charges, when applicable. Approved for City Council Agenda: Corby D. Alexander, City Manager Date ORDINANCE NO. 2013- % 4 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AUTHORIZING THE CITY OF LA PORTE TO ACCEPT CREDIT CARD PAYMENTS FOR PAYMENTS OF FEES, FINES, COURT COSTS AND OTIIER CHARGES, AND AUTHORIZING THE COLLECTION OF CONVENIENCE FEES AND SERVICES CIIARGES, AS ALLOWED BY CHAPTER 132 OF THE TEXAS LOCAL GOVERNMENT CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITV CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte, 'Texas seeks to facilitate prompt and efficient payments by citizens of obligations owed to the City, including but not limited to fees, fines, court costs, and other charges; and WHEREAS, the City Council finds that the acceptance by the City of payments rendered in the form of charges to credit cards increases the administrative efficiency and provides a convenient method of payment for the public; and WHEREAS, the City Council has determined that the use of credit cards is a widely accepted and prudent means of effectuating payment; and WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority to adopt an ordinance or police regulation that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City; and WHEREAS, pursuant to Chapter 132 of the Texas Local Government Code, the City has the authority to accept payments by credit card of fees, fines, court costs, and other charges; collect a Processing Fee for processing a payment by credit card; and collect a Service Charge if a charge is not honored by the credit card company; and WHEREAS, the City Council that it is necessary and proper for the good government, peace or order of the City of La Porte to adopt an ordinance authorizing payments by credit card and regulating the acceptance of credit card payments by the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section I. That the City Council of the City of La Porte, 'Texas, hereby finds that the above -referenced recitals we true and correct. Section 2. That Chapter 2 "Administration", Article III. "Finance", Division 1. "Generally", of the Code of Ordinances of the City of La Porte is hereby amended by adding new Section 2-61 "Credit cud payments authorized", Section 2-62 "Convenience fee", and Section 2-63 "Service Charge", which sections shall read as follows: "Sec. 2-61. — Credit card payments authorized. The City is hereby authorized to accept payment by credit card of any fee, fine, court cost, or other charges imposed or collected by the City. Sec. 2-62. — Processing Fee. (a) The City may assess and collect a Processing Fee in an amount that is reasonably related to the expense incurred by the City in processing payments by credit card, but in no case shall the Processing Fee hereby authorized exceed an amount equal to five percent (5%) of the amount of the fee, fine, court costs or other charge being paid. (b) When a Processing Fee is collected the amount of the Processing Fee shall be in an amount established in Appendix —A "Fees" of the Code of Ordinances. Sec. 2-63. — Service Charge. (a) The City shall assess and collect a Service Charge if for any reason a payment by credit card is not honored by the credit card company on which the funds are drawn. (b) The Service Charge imposed by this section shall be in addition to the original fee, fine, court cost or other charge and the Processing Fee. (c) The amount of the Service Charge shall be the same as that charged for the collection of a check drawn on an account with insufficient funds. (d) The amount of the Service Charge shall be in an amount established in Appendix —A "Fees" of the Code of Ordinances." Section 3. That Appendix -A "Fees" of the Code of Ordinances of the City of La Porte is hereby amended by adding new Chapter 2 "Administration", which sections shall read as follows: r Chapter 2. Administration Article 111. Finance (a) Credit Card payments (1) Processing Fee 3% of payment 2-62 K i (2) Service Charge 25.00 2-63 Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof, Section 7. This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this 24th day of June, 2013. M- FAW-Ims Patrice Fogarty City Secretary APPROVED: L�� -I—, iq� Clark T. Askins Assistant City Attorney Louis R. Rigby, Mayor 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Tim Tietiens Department: Planning Report: Resolution: X Ordinance:_ Exhibits: 1. Resolution Opposing the Biggert- Waters Act Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: _YES _NO SUMMARY & RECOMMENDATION At the June 10, 2013 City Council meeting, the Planning Department provided an informational report regarding the Biggert Waters Act and its implications for flood prone properties within the City. Also part of the discussion was the impacts related to the draft floodplain map revisions along the coastal areas currently being proposed by FEMA. The attached draft Resolution opposes the legislation and provides for the distribution of said resolution to applicable state and federal legislators representing LaPorte. Action Required of Council: Consider approval or other action related to the proposed Resolution. Approved for City Council Agenda: Corby D. Alexander, City Manager Date K RESOLUTION OF THE CITY OF LA PORTE, TEXAS, OPPOSING THE BIGGERT WATERS FLOOD INSURANCE REFORM ACT OF 20112 RECENTLY PASSED BY U.S. CONGRESS, AND PROVIDING FOR THE DELIVERY OF SUCH RESOLUTION TO STATE AND FEDERAL LEGISLATORS THAT REPRESENT LA PORTE. WHEREAS, the City of La Porte, Texas is a coastal community with 3.1 miles of sea level frontage on Galveston Bay and a significant population of residents that could be affected by storm surge and subtropical coastal rain events, and WHEREAS, Biggert Waters Flood Insurance Reform Act of 2012, in its current form requires that primary residences within the Special Hazard Flood Areas (SFHA) wilf lose their current rate status if the property is sold; the pol'icy lapses, or if new policy is purchased, and, WHEREAS, Biggert Waters Flood Insurance Reform Act of 2012, in its current form requires the phasing out of grandfathered rates beginning in 2014 so that actuarialrates will be effective within five years thereafter, and WHEREAS, the Federal Emergency Management Agency (FEMA) is currently proposing a change to the Flo'odplain maps that will not only expand the geographical boundary of the SHFA, but also will increase the Base Flood Elevation (BFE) by multiple feet thereby reclassifying numerous currently compliant properties into a non -compliant condition, and 11TAEREAS, The City of La Porte has a significant low and moderate income population within the draft surge zone that may not be able to afford to continue residing in their homes if the proposeid rate increases occur over the phase out period, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS A. Section 1. The La Porte City Council finds that the recitals above are true and correco 4ection 2.: The La Porte City Council hereby opposes the Biggert Waters Flood Insurance Reform Act of 2012 in its current form due to impacts that will disproportionately affect coasta' homeowners' ability to remain in their homes due to substantial increases in flood insurance costs. Section 3. The La Porte City Council hereby directs the City Secretary to send this Resolution to all State of Texas Legislators and members of U.S. Congress that represent La Porte, Tex-,s. PASSED AND APPROVED, 's _ day of , 201:1 111iiii, 91ZOW11,ril,111111, 2M City Secretary CiWAtto,rney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Donald Ladd Department: Report: X Resolution: Ordinance: Exhibits: Fire Control District Budget 2013-2014 Exhibits: PowerPoint Presentation Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested Budgeted Item: YES No SUMMARY & RECOMMENDATION The Fire Control, Prevention, and Emergency Medical Services District (LPFCPEMSD) was established after a city wide vote during elections in May of 2011, creating the District and Board. The mission for the City of La Porte's Fire Department is to provide the community with the most efficient and progressive Fire Prevention, Protection, and Emergency Medical Services possible in an effective and responsible manner. This mission is accomplished by providing the best possible training, updated equipment, and protocols for the people that respond. LPFCPEMSD will incorporate strategies to help the Fire Department accomplish its mission. The LPFCPEMSD Board has established the budget, held a public hearing and approved the budget during the May 30, 2013 meeting. The next step in the process is for the approved budget to be presented to Council. Council will then approve or decline to approve the budget as presented. Staff is recommending Council approval of the LPFCPEMSD budget as passed by the Board. Action Required by Council: Consider approval or other action on the La Porte Fire Control, Prevention, and Emergency Medical Services District budget for the fiscal year beginning October 1, 2013, as approved by the Board of Directors of the District at its meeting of May 30, 2013. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Donald Ladd Department: Report: X Resolution: Ordinance: Exhibits: Fire Control District Budget 2013-2014 Exhibits: PowerPoint Presentation Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested Budgeted Item: YES No SUMMARY & RECOMMENDATION The Fire Control, Prevention, and Emergency Medical Services District (LPFCPEMSD) was established after a city wide vote during elections in May of 2011, creating the District and Board. The mission for the City of La Porte's Fire Department is to provide the community with the most efficient and progressive Fire Prevention, Protection, and Emergency Medical Services possible in an effective and responsible manner. This mission is accomplished by providing the best possible training, updated equipment, and protocols for the people that respond. LPFCPEMSD will incorporate strategies to help the Fire Department accomplish its mission. The LPFCPEMSD Board has established the budget, held a public hearing and approved the budget during the May 30, 2013 meeting. The next step in the process is for the approved budget to be presented to Council. Council will then approve or decline to approve the budget as presented. Staff is recommending Council approval of the LPFCPEMSD budget as passed by the Board. Action Required by Council: Consider approval or other action on the La Porte Fire Control, Prevention, and Emergency Medical Services District budget for the fiscal year beginning October 1, 2013, as approved by the Board of Directors of the District at its meeting of May 30, 2013. Approved for City Council Agenda Corby D. Alexander, City Manager Date City of La Porte, Texas Fire Control District Detail of Expenditures FIRE Passed 5/30 Budget 2013-2014 1010 ReG01s1 I Ilium, $ 63,860 1020 OMciflmw 1030 ('uidlcsuon 1,200 1035 I:.cmpc:,�11, 1044 ( lcamiiw Alh,,Imcc 241 1060 lI(A 4,857 1065 Ro u c went 11,245 1080 l usm mice `Medical 10,422 1081 l usm mice I itc 36 1090 011E I Rcucilts\kill 1,012 Personal Services Subtotal 92,873 Supplies: 2003 Protective Clothing 47,350 1)inlJ,c ical mud addnl msl I' $ 32,000.00 I Sni >i III, Paid mud l nhmicci $ 5,850.00 VPI IICI il >c es $ 2,400.00 13ou >I (u,ud unii>luu $ 2,100.00 Replscwcu113ds $ 2,000.00 Replsccwcul 13clw its $ 3,000.00 2007 Chemical 3,700 Am'Icuc I>icuncis $ 1,500.00 S111he uicclunc Iluid $ 200.00 \4ecd hlllu mid Icull/ei $ 500.00 Foam $ 1,500.00 2009 Medical 7,400 2090 Machinery/Tools/Equipment 24,300 ?-MC, $ 4,500.00 Replaccuicul air ll Hiles $ 12,000.00 '1:tisc T'aaas $ 800.00 dcct tuu w >u1s $ 2,000.00 1 'ie111, mud I quipurnt $ 5,000.00 I >i' IIcA. Y � 2091 OP11cc I gwpulem I Manure 2,500 Stair m i chsus $ 2,500.00 ,. 4002 Machinery/Tools/Equipment 40,800 Replsccwcul 1'fiLciS $ 8,000.00 I rrt I I >se $ 8,500.00 Y RA ic,i mid Icpaii $ 4,300.00 1_addcr lest $ 6,500.00 11rt FlIFlI III J1,pecilon $ 2,000.00 Y RA 1' Hilc Ih(h , $ 1,000.00 I in I loch SuMice $ 8,000.00 I hdiaullc Rescue I > >I lest $ 2,500.00 8021 Capital Equipment $98,000.00 I lrtilchul lICI-IIfll Rndlos 18000.00 (Irscc Ccc eIIIIII )1111, ""ICIII Ibul 'Cl' 36,000.00 I .ie1111' >Ic, I raiulup $ 25,000.00 1 Iic I Icld I cuchm, $ 19,000.00 Supplies Subtotal 224,050 FMO EMS - 92,873 $ 1,500.00 $ 17,250.00 66,100 Cmlonr, `;Ix i,l � ecar 3.700 7,400 12,900 37,200 1 iinpnr k, I I1a.1'1 $ 4,500.00 141111 ,'1:1 IN" $ 2,500.00 Pe, a `, i. dki I, I-1-L $ 2,000.00 k, `, z clod `,c rni $ 3,900.00 2,500 7,450 48,250 brio U p' I con fact $ 2,500.00 c, .i i. chzr c,n —a $ 2,000.00 1 - Ah n m pee ion $ 350.00 ( 11, < <,ni p ( on f act $ 2,600.00 $ 35,000.00 120,000 $ 253,000.00 $35 000.00 all I '11L11 A hIN . I III $ 12 000.00 hLad >y $ 20 000.00 fi(I I ) IIh Alcnuoi $ 38,000.00 r ly is ,n li,h,; $50,000.00 36,500 157,600 418,150 Services & Charges: 2019 Training Field Supplies 8,200 \4 >dI"i It>>fI'iop $2,000.00 \1o,u Fled lavn culwpurnt $ 2,800.00 Ha, I "i IHII II IIIA, $ 900.00 \ICIIII I "i uw rnAs $ 600.00 ( cillilp I Iles �reldw" ,applies $ 400.00 1) 1 IcIplacclIWIll $ 1,500.00 Training/Seminars 25,200 3020 A ( 1 Rl) $ 2,200.00 '_A,. ( $ 1,600.00 I rrcli muse $ 7,200.00 'a ( r. $ 900.00 Rex[fc "cli ">1, $ 3,800.00 t 1 $ 500.00 1AAfl Af[fwcipnl�.cek $ 4,500.00 Hain, ( "[fill\ Fuld 17av $ 5,000.00 OPficu I ( uuticnlin" $ 2,500.00 Motor Pool Lease Fees 280,045 4020 3,000 Staff AIt (mii nY $ 5,225.00 `,gal nl AIt (:c nii nY $ 1,825.00 IC.AIt usnv" wiii Im $ 2,980.00 V I c Iin.n"os $ 2,000.00 Orlin Iin.nurz $ 1,500.00 1 carom,, Mena<_ ui nt $ 1,850.00 3,852 8,200 15,380 43,580 104,220 388,117 Training and Equipment Subtotal 313,445 6,852 119,600 439,897 Capital Outlay: Capital Outlay Subtotal $ 630,368 $ 43,352.00 $ 277,200 $ 950,920 Division Total O O O O O . O . O O . 00 O N O �o O � N cm N cm a) O � O m � � �n to N Ol -(l- -(l- -(l- -(�- 0 co 75; 4-) 0 iz Lu LL 0 LL CY)00O000 000 rn 00 Lr) 0 0 0 O 0 O o o�t (10 m m u) 00 O N N 0 m nj I� m I� zt N O 00 00 Lr O O (V lzt 0) N ONO 1m4 E N N ^ ^ Uco ^ cn O � u O O � E O O cn cn ^ O Co -r co O t4 _ `n u vi -aco O N +-+ �j N N 0 co co co 0 `- O ca cr Q) w '� w `" — E w ago ago �O c O 'Uw E v N UL L O w � 5 Q w p CL U wLCL O w U O m� 0) 0 ri N rl 0) 0 0 rl O O O m m O N rl N N ateJ O O O O O O O O O O O Q rl N N N N N W N M l z 0 0 O N 2 w m O O N i Q w O m O N O O O O co O N NO O I� N rl O I� rl rl N U t�A ca E w Ln w .C: H O N O m ca H LL 0 r*14 O O O mLr) Lr) w-k w-k Lr) 0 00 u C- V) V) V) C- Co 0 buo u w-k V) w-k V) (1) > L- o u E Ln a) Ln 4-0 > Ln Cu 0 w 0 bn %ft-00 -0 0 C- 8- %ft-00 4-0 C- 0 LU Q- 0 U --1 0 0 O-1-i 0 0 r*14 00 m 07A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Ken Adeox Department: Vor,.a Report: Resolution: Ordinance: Exhibits: Public Hearing Notice Exhibits: Citv Ordinance Article III Curfew for Juveniles Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In accordance with Section 370.002 of the Texas Local Government Code, Review of Juvenile Curfew Order of Ordinance, the City of La Porte is required to hold a Public Hearing concerning the ordinance every third year, beginning the year of its adoption. There are three possible actions that may take place after the Public Hearing: 1. Continue the Ordinance as written. 2. Abolish the Ordinance. 3. Modify the Ordinance. In the event there are some modifications to be made, the modified ordinance will be drawn up and brought before Council on July 8, 2013 for approval. Ordinance 4 93-1887 has been in effect since 1993. Section 42-73 prohibits any minor under the age of 18 to be out between the hours of 12 Midnight and 6 a.m. on any day of the week, and between the hours of 9 a.m. and 2:30 p.m. on any school day. Staff recommends continuance of Ordinance 4 93-1887 as written. Action Required by Council: 1. Conduct Public Hearing. 2. Consider approval or other action to continue Ordinance No. 93-1887 as written for another 3 year term. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Ken Adeox Department: Vor,.a Report: Resolution: Ordinance: Exhibits: Public Hearing Notice Exhibits: Citv Ordinance Article III Curfew for Juveniles Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In accordance with Section 370.002 of the Texas Local Government Code, Review of Juvenile Curfew Order of Ordinance, the City of La Porte is required to hold a Public Hearing concerning the ordinance every third year, beginning the year of its adoption. There are three possible actions that may take place after the Public Hearing: 1. Continue the Ordinance as written. 2. Abolish the Ordinance. 3. Modify the Ordinance. In the event there are some modifications to be made, the modified ordinance will be drawn up and brought before Council on July 8, 2013 for approval. Ordinance 4 93-1887 has been in effect since 1993. Section 42-73 prohibits any minor under the age of 18 to be out between the hours of 12 Midnight and 6 a.m. on any day of the week, and between the hours of 9 a.m. and 2:30 p.m. on any school day. Staff recommends continuance of Ordinance 4 93-1887 as written. Action Required by Council: 1. Conduct Public Hearing. 2. Consider approval or other action to continue Ordinance No. 93-1887 as written for another 3 year term. Approved for City Council Agenda Corby D. Alexander, City Manager Date THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with sec 370.002 of the Texas Local Govt. Code, Review of Juvenile Curfew Order or Ordinance, notice is hereby given that the City of La Porte will conduct a Public Hearing at 6:00 p.m. on the 24th day of June, 2013, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to review the Juvenile Curfew Ordinance and determine to continue the Ordinance as it is written, abolish the Ordinance, or modify the Ordinance. Citizens wishing to address Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Patrice Fogarty City Secretary posted This facility has disability accommodations available. Requests for interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281)471-5020 or TDD Line (281) 471-5030 for further information. ORDINANCE NO. 93- 18g7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADDING A NEW ARTICLE IV TO CHAPTER 13, RELATING TO THE ESTABLISHMENT OF A DAYTIME AND NIGHT TIME JUVENILE CURFEW; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFOR; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council has determined that there has been an increase in juveni,•le violence, juvenile gang activity and an increase in crime by persons under the age of eighteen in the City of La Porte; and WHEREAS, persons under the age of eighteen are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang -related activities and to be victims of older perpetrators of crime; and WHEREAS, the City of La Porte has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control of and responsibility for their children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and WHEREAS, a curfew for those under eighteen years of age will be in the interest of the public health, safety, and general welfare, and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City of La Porte; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the findings contained in the preamble to this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance. Section 2. That Chapter 13 of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding a new Article IV, which shall read as follows: ORDINANCE NO. 93-1887 "ARTICLE IV. JUVENILE CURFEW. PAGE 2 Sec. 13.51. Definitions. The following words, terms and phrases when used in this Article shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: Emergency shall mean an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not be limited to a fire, natural disaster, vehicular accident, or a serious medical condition of sudden onset. Guardian shall mean the person who, under a court order, is the guardian of the person of a minor or the public or private agency with'whom a minor has been placed by a court. Minor shall mean any person under eighteen (18) years of age. Parent shall mean the natural mother or father or adoptive mother or father of a minor. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, and shops. Sec. 13.52 Offenses. (a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the City: 1. between the hours of twelve o'clock at night (midnight) and 6:00 o'clock a.m. on any day of the week; or 2. between the hours of 9:00 o'clock a.m. and 2:30 o'clock p.m. on any day on which classes are in session in the La Porte Independent School District. (b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in Sec. 13.52(a) of this Code. Sec. 13.53 Defenses. It is a defense to prosecution under Sec. 13.52 of this Code that: (a) The minor was accompanied by his or her parent or guardian; (b) The minor was accompanied by an adult designated by his or her parent or guardian; (c) The minor was on an errand made necessary by an emergency; (d) The minor was attending a school, religious, or government -sponsored activity or was traveling to or from ORDINANCE NO. 9 3 - 1887 PAGE 3 a school, religious, or government -sponsored activity; (e) The minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment; (f) The minor was on the sidewalk of the place where he or she resides; (g) The minor was on an errand directed by his or her parent or guardian; (h) The minor was in a motor vehicle involved in intrastate or interstate transportation; (i) The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of Section 13.52 of this Code would contravene his or her rights protected by the Texas or United States Constitutions; (j) The minor was married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or (k) With respect to the hours between 9:00 o'clock a.m. and 2:30 o'clock p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate. Sec. 13.54 Supplemental effect. The provisions of this article are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles. Sec. 13.55 Enforcement Notwithstanding the penal effect of this article the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuances of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform manner." Section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining ORDINANCE NO. 93- 1887 PAGE 4 portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Sec. 13.9 of the Code of Ordinances of the City of La Porte is expressly repealed. section 5. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed two hundred dollars ($200.00) for each offense. section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised ORDINANCE NO. 93-1RR7 PAGE 5 Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective from and after its passage and approval, and publication of its caption as provided by law. PASSED AND APPROVED, this i--- day of February, 1993. CIO OF LA PORTE By: N a L. Malo e Mayor ATTEST• i ;�k Cherie Black City Secretary AP VED: Knox w. Askins City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6-24-13 Requested By: Ken Adeox Department: Por,.a Report: Resolution: Ordinance: Exhibits: Meet and Confer Agreement Exhibits: Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Management representatives of the City of La Porte and the La Porte Police Officers' Association have voluntarily met and reached agreement on the conditions of employment as set out in the attached agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B. The attached agreement has been voted on and approved by the membership of the La Porte Police Officers Association and is now being presented to City Council for consideration and approval. The new agreement would take effect on October 1, 2013 and run through September 30, 2016. As with the existing agreement, the new agreement includes provisions that allow the department to hire lateral transfers and provides for a pay for performance wage system, minimum educational requirements, and a compensatory time program. Proposed changes contained in the new agreement include: (1) Adjusting Police Officer wages annually over the next 3 years so that officers continue to be compensated at a determined median market rate for similarly structured regional cities; (2) Adjusting the pay scale to include an additional step for 15+ year officers and compressing the Sergeant Pay Scale effective October 1, 2013. Adding a step for 20+ year officers and compressing the Lieutenant Pay Scale effective October 1, 2014; and (3) Strengthening the Police Department's promotional system by: a) restructuring the seniority point system so that seniority point are limited to time in grade; b) increasing the minimum time in grade to take the sergeants test from 2 to 4 years; c) encouraging participation in the LPPD's existing leadership mentor/training program, d) adding a 6 month probationary period for newly promoted sergeants and lieutenants, and e) allowing for the inclusion of a police assessment center, which would include hands-on practical exercises designed to assess various essential leadership dimensions such as decision making, judgment, initiative, and communication skills, when specifically requested by the Chief and approved by a majority vote of those participating in the promotional test. Action Required by Council: Consider approval or other action to approve a three-year Meet and Confer Agreement between the City of La Porte and the La Porte Police Officers' Association effective October 1, 2013 through September 30, 2016. Approved for City Council Agenda Corby D. Alexander, City Manager Date Meet and Confer Agreement Between The City of La Porte And The La Porte Police Officers' Association Table of Contents Article Provision Page Definitions 3 1 Authority and Recognition 4 II Hiring Preemptions 5 III Wages 7 IV Incentive Pay 11 V Education 13 VI Promotion to Ranks of Sergeant 14 & Lieutenant VII Physical Fitness 18 VIII Compensatory Time 20 IX Association Leave 21 X Grievance Procedure 23 XI Duration 26 Signature Page 27 Attachment "A" 28 2 Definitions For the purposes of this agreement, the following definitions shall apply: A) "Accredited College or University" means one that is listed by an accrediting agency approved by the United States Department of Education, and as of result of that accreditation, offers courses that are "accredited" B) "Chief" means the Chief of Police of the La Porte Police Department or his designee. C) "City" means the City of La Porte, Texas. D) "Coveted position" as used in this Agreement means any position in the Department to which more than one sworn employee has expressed an interest in being assigned by the Chief. E) "Department" means the La Porte Police Department. F) "Employee" means a sworn Police Officer who is a member of the bargaining unit. G) "Employer" means the City of La Porte. H) "Officer" means any sworn Police Officer who is a covered by this Agreement. 1) "Association" means the La Porte Police Officers' Association J) "TCLEOSE" means the Texas Commission on Law Enforcement Officers Standards and Education. K) "TLGC" means the Texas Local Government Code. Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. 3 Article Authority and Recognition 1) The City of La Porte and the La Porte Police Officers' Association have voluntarily met and reached agreement on the conditions set out in this agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B. To the extent that this Agreement is in conflict with or changes Chapter 143, TLGC or any other statute, executive order, local ordinance, or rule, this Agreement shall supersede such provision, as authorized by Section 142.067 of the TLGC. 2) The City recognizes the La Porte Police Officers' Association as the sole and exclusive bargaining agent for all non -probationary Police Officers in the La Porte Police Department, excluding the Chief of Police and the Assistant Chiefs of Police. 4 Article II Hiring Preemptions 1) In adopting this Agreement, the parties recognize the need for more flexibility in the hiring process to meet the needs of the Department and believe it improves the selection process by allowing for the lateral hiring of experienced Police Officers, Certified Texas State Peace Officers, and/or otherwise qualified mature applicants. 2) Effective with the ratification of this Agreement, the City shall be allowed to fill vacancies in the entry level Police Officer classification by hiring experienced police officers and/or peace officers certified by TCLEOSE without requiring these applicants to take a civil service exam. An applicant hired pursuant to this Article may be appointed directly to a pay grade/step commensurate with his/her level of experience; however applicants hired in this manner shall not receive any sort of longevity or seniority relating to promotional eligibility, shift bidding, pay or other privileges of employment. Once a newly -hired Police Officer is placed in the appropriate pay grade/step, the Officer shall progress through the remaining steps of the pay scale on each anniversary date, so long as all eligibility requirements contained in this Agreement are met. To qualify for the lateral entry program, applicants must pass a physical fitness exam, a comprehensive background investigation, to include psychological, polygraph, medical exam, drug screening and a 12 month probationary period. Applicants must additionally meet the following criteria: Education and Experience: Graduation from an accredited Police Academy. Licenses and Certificates: Possess a Basic Peace Officer license issued by TCLEOSE by the time of appointment. 5 3) Police Officers hired pursuant to this Article shall be compensated according to his or her total number of years of full time experience in law enforcement, up to a maximum of seven (7) years. The Chief of Police shall make the final determination of whether an applicant meets the criteria of the Lateral Entry Program, and his decision shall be final and non - appealable to the Civil Service Commission or to any court. No rank will transfer. 4) Specifically, this Article preempts, to the extent of any conflict, all contrary State statutes, local ordinances, executive orders or civil service provisions as they relate to the hiring of the classification of Police Officer. More specifically, this Article pre-empts TLGC, Section 143.023 (c), and permits the Department to hire persons 45 years of age and above, provided that the person has five (5) years of cumulative active military service, or five (5) years of continuous service as a certified peace officer in the State of Texas by the estimated date of hire and can meet all other hiring criteria required for employment as a Police Officer with the City of La Porte. A person is not eligible to apply for a position as a Police Officer in the Department unless the person will be at least 21 years of age at the time of commission and meets minimum eligibility requirements for a Police officer as outlined in local civil service and TCLEOSE rules. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. In addition to the pre-emption noted in Subsection 4 above, this Article also pre-empts Sections 143.024, 143.025, and 143.026 of the Texas Local Government Code. C Article III Wages 1) The City of La Porte and the La Porte Police Officers' Association hereto agree that a "market approach" philosophy has been used as a guideline to determine appropriate wage scales for Officers of the Department. The definition of "market" is the median salary for each pay grade for the Cities surveyed. In implementing this approach, the parties agreed to compare wage rates with Police Officers in comparative cities within the region. The parties agree that Police Officers covered by this Agreement shall be compensated at the salary rates included in Attachment "A", which is incorporated into this Agreement. Except as provided in Article III, Section 4, the wage scale shall be effective upon ratification by the Association and the City Council and remain in effect until September 30, 2014. 2) The City and Association further agree that the aforementioned market survey will be renewed in April of each year during the term of this Agreement and that median level salary rates for Police Officers covered in this Agreement shall be revised to reflect the current market, as determined from the results of the market survey. Any annual increase will reflect the market survey up to, but not to exceed, 3% of the collective salary budget for police officers as compared to the immediately preceding fiscal year. Additionally, effective starting in year two of this Agreement (October 1, 2014) the City agrees to compress the pay scale for the rank of Lieutenant from its current 0 — 10 to 0 — 3 steps and implement an additional 20-year (CS1-20) step, which shall be 75 cents more per hour than the 15-year (CS1-15) step. It is agreed that officers must serve 15 full years before being eligible to receive the CS1-15 step and 20 full years before being eligible to receive the CS1-20 step. 3) Once proposed pay scales have been created by the City Finance and Human Resources Departments each April, the City and Association bargaining team members will meet to review the proposed pay scales revisions and ensure that same are accurate. Once agreed upon, the new rates will take effect on October 1St of each year, i.e. October 1, 2014, for the life of this Agreement subject to the approval of City Council and the Association. 4) Employees shall receive step increases on the anniversary of their appointment to their current rank. If an employee receives a less than satisfactory performance evaluation (anything below a 3), the employee will not receive a pay increase of any type (including lump sum payments referenced in Article III Subsection (4) and the current step increase will be held until the employee earns a satisfactory evaluation (3 or above). Once the employee's performance evaluation has been improved to a satisfactory rating, the employee shall be placed at the then -current step for his/her time in grade. If an employee receives an "exceptional" evaluation (above a 4), the employee will be moved up two steps on his/her anniversary date. Upon receiving the next evaluation, that employee shall be placed at the then -current step for his/her time in grade. This Section will not apply to any cost of living raises or pay scale adjustments. 5) If an employee receives a less than satisfactory performance evaluation, as outlined in this Article, the employee may appeal the performance evaluation according to the following process: A) All performance evaluation appeals shall be submitted by the affected employee to the Chief of Police in writing within seven (7) calendar days from the date that the employee receives the evaluation. B) The Chief of Police shall render a written decision to the affected employee within seven (7) calendar days of the date the appeal was received by the Chief of Police. C) If the Chief of Police upholds the performance evaluation, the employee may submit such evaluation appeal to the City Manager. Such appeal must be filed within seven (7) calendar days of the date the Chief of Police rendered or should have rendered a written decision. D) The City Manager shall render a written decision to the affected employee within seven (7) calendar days of the date the employee filed the appeal with the City manager. E) If the appeal remains unresolved, the employee or his/her representative may file the appeal to the civil service commission. The commission shall hear the appeal at their next regular scheduled civil service meeting. The City of La Porte and the affected employee or his/her representative may present witnesses, evidence and other relevant information to the civil service commission. The civil service commission shall render a decision as to the validity of the performance evaluation and such decision shall be final and binding upon all parties. F) The time limitations described herein may be waived by mutual agreement in writing by the City of La Porte and the affected employee. G) It is the intent of all parties subject to this agreement that any aforementioned evaluation appeal be resolved at the lowest level possible. 6) Employees who have reached the last step of the wage scale and who have received a "satisfactory" performance evaluation of 3 or above shall be paid a lump sum of one thousand dollars ($1,000.00) each year on the anniversary of appointment to their current rank. Employees who have reached the last step of the wage scale and who have received an "exceptional" evaluation (above a 4), shall be paid an additional one 9 thousand dollar ($1,000) bonus, for a total lump sum payment of two thousand dollars ($2,000), on the anniversary of appointment to their current rank. As is the case with other exceptional employees receiving additional performance based wage step incentives, the additional bonus provided to employees who have already reached the last step of the wage scale will be available to the employees a maximum of once every other year. 7) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. This Article specifically pre-empts Sections 143.041(b) of the Texas Local Government Code. 8) The City and the Association agree that all provisions of the City of La Porte Emergency Pay Policy, as adopted by the La Porte City Council on July 23, 2012, shall apply to all officers covered under this Agreement. 10 Article IV Incentive Pay 1) The City shall pay each employee holding a Masters Certificate granted by TCLEOSE the sum of $150.00 per month. The City shall pay each employee holding an Advanced Certificate granted by TCLEOSE the sum of $125.00 per month. The City shall pay each employee holding an Intermediate certificate granted by TCLEOSE the sum of $100.00 per month. 2) The City shall pay each employee holding a Masters Degree obtained from an accredited university the sum of $150.00 per month. The City shall pay each employee holding a Bachelors Degree obtained from an accredited university the sum of $125.00 per month. The City shall pay each employee holding an Associate Degree obtained from an accredited university the sum of $100.00 per month. 3) In an effort to encourage Police Officers to continue their college education, effective with the signing of this agreement, Police Officers are entitled to receive both certificate and educational incentive pay, up to a maximum of three hundred ($300.00) per month. Employees shall not be permitted to earn monthly incentive pay for more than one TCLEOSE certificate and/or for more than one college degree. 4) To ensure that records are accurate and incentive pay is issued in a timely manner, Police Officers are solely responsible for reporting and providing proper documentation to the Chief of Police or his/her designee to show that the Police Officer has completed training and/or education outside the Department. Police Officers are not entitled to retroactive incentive pay. Incentive pay shall begin at the beginning of the next pay period after the date on which the Police Officer provides proof of certification and/or receipt of a college degree in accordance with this Article. 11 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre-empts Section 143.044(b) and (c). 12 Article V Education 1) In order to be eligible for voluntary transfer into a coveted position, as that term is defined in this Agreement, within the Police Department, all Officers hired after 13 July 2009 must have completed a minimum of 20 college hours from an accredited college or university. 2) Except as provided in Section 3 below, in order to be eligible to participate in promotional examinations for Sergeant or Lieutenant, Officers must have completed a minimum of 60 college hours from an accredited college or university or have a combination of a minimum of 20 college hours from an accredited college or university and 40 TCLEOSE training credits calculated at the rate of 20 training hours equal to 1 training credit, for a total of 60 hours. 3) The 60 hour college requirement established in Section 2 above shall be waived for officers wishing to take the promotional examination for Sergeant if the officer is able to provide appropriate evidence, namely a federal form DD214, showing that they honorably served four (4) or more full years in one or more branches of the U.S. military. 4) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre-empts Section 143.028(b), and 143.031. 13 Article VI Promotion to the Ranks of Sergeant and Lieutenant 1) With the exception of the below provisions, promotions to the rank of Sergeant and Lieutenant shall be in accordance with applicable Civil Service Law as established in Texas Local Government Code Chapter 143. Each promotional candidate from the police department who receives a grade of at least 70 points on a promotional examination will be considered as having passed the examination. 2) Seniority points will only be added to the promotional candidate's score if the applicant scores 70 or more points on the written examination. Candidates eligible to receive seniority points will have 1 seniority point added to their test score for every full year they have served in their current classification (grade), up to a maximum of 10 seniority points. For example, Sergeants who take, and pass, the Lieutenant promotional exam will only receive seniority points for each full year they have served as a sergeant. Cut off for seniority point calculations will be the date of the candidate's written examination. 3) In order to be eligible to take the Sergeant's test, officers and/or detectives must have served with the La Porte Police Department at least four (4) continuous years as a commissioned peace officer preceding the date of such promotional examination. 4) In addition to any seniority points a promotional candidate is eligible to receive, promotional candidates who successfully pass a Sergeant or Lieutenant promotional examination and who have participated in the La Porte Police Department's Leadership Mentoring Program for at least six (6) full months prior to the date of the promotional examination, shall have an additional 2.5 points added to their written exam score. 5) Police Officers promoted to Sergeant and Lieutenant must serve a probationary period within the new classification. The probationary period 14 is completed following six (6) months of continuous service in the new classification. Should a police officer fail to successfully complete their probationary period, they shall be returned to the rank they held immediately prior to the promotion. 6) In accordance with applicable Civil Service Law as established in Texas Local Government Code Chapter 143, Section 143.035, an alternative promotional testing system may be used. The City and the Association agree that an alternative promotional testing system will only be used if it is (1) proposed by the Chief prior to a promotional test notification from the City AND (2) accepted by a majority of the candidates for promotion who submit the required letter of interest in participating in the promotional process. This process must be repeated with each promotional test the City intends to administer and shall not carry over from one promotional test to the other. If an Assessment Center is selected as part of the alternative testing system, it shall be administered following the below procedures: A) Positions in the rank of Sergeants and Lieutenants shall be filled from an eligibility list created by a promotional procedure consisting of a written examination and an Assessment Center conducted in accordance with this Agreement. B) Officers who pass the Sergeant's or Lieutenant's written promotional examination with a score of seventy percent (70%) or higher will proceed to the next step of the examination process, which is an Assessment Center. C) The score for the Written Examination and the Assessment Center shall be between 0 and 100 points each. As such, after the Assessment Center scoring has been completed for the rank of Sergeant and/or Lieutenant, the eligibility list shall be calculated as follows: 1. Written examination 0- 100 points 2. Assessment Center 0- 100 points 3. Seniority Points 2 — 10 points 4. LMP Participation Points 0 — 2.5 points 15 D) Prior to the written test being administered, the Human Resources Department will generate a list of potential assessment center consultants. The Chief shall then appoint two (2) members to serve on an Assessment Center Review Committee (ACRC). The ASSOCIATION shall also select two (2) individuals to serve on the ACRC. ACRC members must not be officers who are participating in any of the current year's promotional examinations. Consulting with the Chief and other supervisors/managers of the department, ACRC members shall establish assessment criteria based on job content and responsibility. Once assessment criteria have been established, the ACRC shall meet to consider the list of consultants provided by the Human Resources Department and select the Assessment Center Consultant from the list (which may be subject to City purchasing policies and procedures). E) After the Assessment Center Consultant has been selected, the Consultant will orient the ACRC. The Consultant will collectively confer with both the Chief and the ACRC on the needs or issues affecting the design of the Assessment Center. Any input from the ASSOCIATION will be summarized by the ACRC and made available to anyone who requests it. The Consultant shall make all final decisions concerning the design and implementation of the Assessment Center. F) The Consultant designs the Assessment Center and also selects the assessors; however, all assessors must meet the following criteria: 1. Active duty or retired, sworn officers of similar rank to the one being assessed for promotion, or above, from cities with a population of 25,000 or greater; 2. Shall not reside in La Porte or any city contiguous to La Porte; 3. Shall not be related, by blood or marriage, to any candidates for promotion; 4. Shall not personally know or be an acquaintance of any candidate for promotion; 5. Shall have two (2) years of experience in the promoted or equivalent rank; and 16 6. Shall not be a current or former employee of the City of La Porte. G) The assessors selected by the Consultant will assess the candidates for the rank. The assessors shall award up to one hundred (100) points to each candidate participating in the assessment center. The assessment sessions will be videotaped, and candidates may review their own session by making an appointment with the Human Resources Department during normal business hours. Examination reviews will be conducted on the officer's off -duty time and copies of the videotapes will not be distributed. Except for specific violations of any of the aforementioned criteria, or as provided by law, assessment center scores shall be deemed final and are not subject to appeal. 17 Article VII Physical Fitness 1) Officers hired after 13 July 2009, shall be required to pass an annual physical fitness assessment in order to be eligible for voluntary transfer to a coveted position, as defined in this Agreement, or to participate in promotional exams. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for Police applicants. 2) All Police Officers employed by the La Porte Police Department are encouraged to voluntarily participate in a quarterly physical fitness assessment. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for police applicants. Employees may, at their option, instead choose to voluntarily participate in the general City -employee wellness program. 3) Employees participating in Police Department's physical fitness program or the City's general employee wellness program shall not be paid for time spent preparing for assessments, personal conditioning, or engaging in any work-out related activities. When on -duty, police officers will, however, be allowed to participate in quarterly assessments during their work hours. Under no circumstances will participating Police Officers be eligible to simultaneously receive the cash bonus under both the general City - employee wellness program and the Police Department's physical fitness program. 4) All Police Officers who pass the physical fitness assessment will be authorized to wear a special "physical fitness award ribbon" on their uniform and will receive a physical fitness cash bonus of $250.00 for each quarterly physical fitness assessment successfully passed to be paid at the 18 end of the calendar year. At no time shall such fitness bonus exceed $1000.00 annually. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre-empts Section 143.044(d). 19 Article VIII Compensatory Time 1) All sworn Police Officers shall be eligible to accumulate and accrue compensatory time at a rate of time and one-half the hours actually worked, up to a maximum of 40 hours. All compensatory time provisions of the Fair Labor Standards Act shall be adhered to by the City of La Porte and the Police Officers covered under this agreement. 2) As with other forms of leave, compensatory time may be accrued and taken only after the employee submits a written request and receives approval by his or her immediate supervisor. Compensatory time off shall be granted at the sole discretion of the Department, and will not be granted if overtime is required to achieve minimum staffing levels. The City may opt to pay employees for accrued compensatory time at any time. 20 Article IX Association Leave 1) Except as provided for under Section 2 below, during the term of this Agreement, each year on or before December 31 the City shall assess from each Association member two (2) hours of accrued vacation leave time to be placed in an Association business leave pool. Association members, with the approval of the Association Board of Directors, shall be allowed to debit the pool during the calendar year when attending to Association related business, including, but not limited to, time spent representing the Association at meetings or events; representing members at disciplinary hearings, grievances or on other job -related matters; attending seminars or training programs; and attending to business associated with the "meet and confer" process. 2) Any Association member shall have the option to opt out of participating in the Association Leave Pool and avoid the aforementioned vacation leave assessment by notifying the Human Resources Department prior to January 1st of any applicable year, during the term of this Agreement. Such notice shall be in writing and the Human Resources Department shall thereafter send a copy of 4 said notice to the Association within thirty (30) days. Should any officer willingly and voluntarily give or provide additional minutes of credited leave time to the pool, he/she may do so by delivering by proving written notice to the Human Resources Department, who then will furnish a copy of same to the Association within thirty (30) days. The Human Resources Department shall provide the Association with a statement as to the leave balance in this pool every ninety (90) days. 3) The Association shall request Association Leave off for eligible members at least forty-eight (48) hours in advance, by delivering written notice to the Chief. Association Leave shall be viewed the same as requests for regular 21 vacation and will be subject to supervisory approval, with staffing and other considerations taken into account. As with all other forms of leave, if the Chief of Police deems it necessary, he/she may order Association members on Association Leave to immediately report back to work. 4) The pool shall be cumulative during the term of this Agreement. The City is only required to make an individual assessment from Association members who have at least two (2) hours of accrued vacation time at the time the City makes the assessment. 5) The Chief will consider requests for additional time off without pay to attend to other Association business. Any such request shall be in writing and delivered to the Chief at least forty-eight (48) hours in advance of the requested leave. 22 Article X Grievance Procedure 1) The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. A grievance involving the interpretation, application or enforcement of a specific clause of this agreement by one or more employees shall be brought to the attention of the Association Grievance Committee in writing within fifteen (15) calendar days of when the employee knew or should have known of the occurrence or occurrences that gave rise to the grievance. The Association may bring a grievance that is an on -going practice by the City which affects the bargaining unit as a whole "Class Action" within fifteen (15) calendar days of when the Association knew or should have known of the grievance. Within fifteen (15) calendar days of the receipt of the grievance, the grievance committee shall determine if a valid grievance exists. If, in the opinion of the Association Grievance Committee, no grievance exists or the Association denies the grievance, the Association Grievance Committee shall notify the employee. If the Association Grievance Committee accepts the grievance, the Association shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief of Police. 2) The Chief of Police shall render a written decision to the Association Grievance Committee within seven (7) calendar days of the date the Association Grievance Committee filed such grievance with the Chief of Police. 3) If the grievance remains unresolved, the Association Grievance Committee or its representative may submit said grievance to the office of the City Manager. Said grievance, if submitted, must be filed within seven (7) 23 calendar days of the date the Chief of Police rendered or should have rendered a written decision. 4) The City Manager shall render a written decision within seven (7) calendar days of the date the Association Grievance Committee filed said grievance with the City Manager. 5) If the grievance remains unresolved, the Association Grievance Committee or its representative may request that the grievance be submitted for grievance mediation through an independent third -party such as the Federal Mediation and Conciliation Services (FMCS). The parties hereto agree that any fees and expenses associated with mediation shall be shared equally by the submitting Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorney's services. 6) If the grievance remains unresolved following mediation, the Association Grievance Committee or its representatives may the request that the grievance be submitted to arbitration, said request must be submitted in writing to the office of the City manager within seven (7) calendar days from the date an official impasse is declared relating to mediation. 7) Either party may request the Federal Mediation and Conciliation Services (FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA. In that event, the FMCS or AAA will be requested to submit another list. The Parties shall select an arbitrator from the list. The parties, by mutual agreement, may select to use AAA expedited rules. A) The powers of the arbitrator shall be limited as follows: 1) He shall have no power to add, to subtract from, or modify any of the terms of this agreement. 24 2) The arbitrator shall deal only with the grievances that occasioned the arbitrator's appointment. 3) The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. 4) The arbitrator shall be empowered to determine whether an issue is subject o arbitration pursuant to this agreement. 8) The parties hereto agree that the Arbitrator's fees and expenses are shared equally by the appealing Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorney's services. 9) A grievance not filed within any of the time limitations specified herein shall not be considered timely and shall be void. The time limitations described herein may be waived by mutual agreement in writing by the Association Grievance Committee and the appropriate management official. 25 Article XI Duration 1) The provisions covered under this agreement will be effective upon ratification by the La Porte Police Officers' Association and approval by the La Porte City Council, in accordance with Chapter 142 of the Texas Local Government Code. This Agreement shall expire at midnight September 30, 2016. In the event that a new Agreement has not been reached by that date, the parties may mutually agree to extend this Agreement. 2) The City of La Porte and the La Porte Police Officers' Association shall begin the "meet and confer" process no later than May 1, 2016, unless the parties mutually agree in writing to defer the start of the process to a later date. 26 Agreement to be signed by its Association President, by order of its membership, and the City of La Porte has caused this agreement to be signed by its City Manager on the La Porte Police Officers' Association as President By: Witness day of 120 27 City of La Porte, Texas By: City Manager By: Witness M, U U N U) U U) U 0 U) U rn U) U U U U) U T U) U LO U) U U) U M U) U N U) U U) U 0 U) U T N U) U LO N U) U N U) U M N U) U N N U) U N U) U 0 N U) U N U) U) U U � � m a� a° O cn 0 M U) U rn c%) U U c%) U U c%) U U T M U) U LO M U) U M U) U M M U) U N M U) U M U) U 0 M U) U M U) U J REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Michael Dolby Department: Finance Report: _Resolution: X Ordinance: Exhibits: Resolution Exhibits: Deed Exhibits: Site Map Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: (YES) NO SUMMARY & RECOMMENDATION If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had this property on the public resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set by the judgment or higher; at this time, staff is asking the City Council to pass a resolution to approve the sale of this property for the amount that has been offered. P128 — Lots 7, 8, 9, 10, 11 & S1/2 of Lot 6 Block 25 Town of La Porte — Offer $14,830.00 (Adjudged Value $14,830.00 Taxes+Cost $13,018.46) Action Required by Council: Consider approval or other action of a Resolution authorizing the sale of Lots 7, 8, 9, 10, 11 & S 1/z of Lot 6 Block 25 Town of La Porte. Approved for City Council Agenda Corby D. Alexander, City Manager Date RESOLUTION 13- . RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the property; and WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and WHEREAS Section 34.05 of the Texas Property Tax Code requires that when real property is sold for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all taxing units that tax the property; and WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit offers to purchase such real property and to secure the best offer for such property that is sufficient to pay at least the costs of suit and sale of such property; and WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for all taxes, penalties interest and costs that have accrued up to the date of resale BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, Section 1. That the City of La Porte, as Trustee, resells the real properties described in the attached Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs that have accrued on the property up to the date of sale. Section 2. That the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all tunes during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 24th day of June 2013. ATTEST: Patrice Fogarty, City Secretary CITY OF LA PORTE, TEXAS APPRO Louis R. Rigby, Mayor t Clark Askins, City A EXHIBIT A TAX RESALE PROPERTY TO BE SOLD TRACT 1: Resale Property P128 Legal Description: Lots 7, 8, 9, 10, 11 & '/z of Lot 6 Block 25 Town of La Porte HCAD 9023-165-025-0025 Offer Amount: 514,830.00 Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS § § TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by JOSE ANTONIO OLVERA ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1999-31986, styled City of La Porte, et al vs. Doris Miller Alspaugh FKA Doris Murray, et al, said property being described as: THE SOUTH '/z OF LOT 6 AND ALL OF LOTS 7 THROUGH 11, BOTH INCLUSIVE, IN, BLOCK 25, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, REFERENCE TO WHICH IS HERE MADE FOR ALL PURPOSES, AND COMMONLY DESCRIBED AS W A STREET, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-165-025-0002). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said JOSE ANTONIO OLVVERA, his heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantee accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the STATE OF TEXAS, COUNTY OF HARRIS has caused these presents to be executed this day of 2013. CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY, MAYOR ACCEPTED: JOSE ANTONIO OLVERA THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared LOUIS R. RIGBY, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2013. NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared JOSE ANTONIO OLVERA known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2013. NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: JOSE ANTONIO OLVERA 216 South Eleventh Street LaPorte, Texas 77571 Resale Property P128 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: 023-165-025-0002 Property Struck off for: Taxes CAUSE NO: 1999-31986 PLAINTIFF(S): City of La Porte & La Porte Independent School District JUDGMENT AGAINST: Doris Miller Alspaugh JUDGMENT DATE: April 1, 2000 STRUCK OFF DATE: November 7, 2000 ORDER OF SALE: April 12, 2000 DEED RECORDED DATE: January 4, 2001 STRUCK OFF TO: City of La Porte CONSTABLE: Bill Bailey, Constable Precint No 8 PROPERTY ADDRESS: W A Street LEGAL DESCRIPTION: Lots 7, 8, 9, 10 & 11 & S 1/2 of Lot 6 Block 25 Town of La Porte ADJUDGED VALUE ( IN JUDGMENT): $ 14,830.00 SQUARE FOOTAGE: 17,188 SUMMARY OF SALE ACTIVITY BIDDER: Jose Antonio Olvera BIDDER'S ADDRESS: 216 South Eleventh Street AMOUNT OF BID: $14,830.00 La Porte, TX 77571 AMOUNT OF DEPOSIT: $1,483.00 AMOUNT DUE: $13,347.00 BIDDER'S PHONE NO: 832-256-3208 PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT JUDGMENT TO COUNTY, ET AL. % SCHOOL % CITY % TOTAL AMOUNTDUEJ $2,767.41 25.65% $4,879.68 45.24% $3,140.07 29.11%1 $10,787.16 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES CONSTABLE/ AD ESTIMATED AMOUNT AMOUNT OF COURT PUBLICATION FEE LITEM RESEARCH FEE & TO BE PRORATED TO BID COST (TISD) FEE DEED RECORDING FEE TAXES $14,830.00 $780.00 $575.00 $0.00 $250.00 $13,225.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $3,392.83 1 25.65% $5,982.46 45.24% $3,849.71 29.11% $13,225.00 Amount of Bid: $14,830.00 Costs: -District Clerk $730.00 -Tax Master $50.00 Chris Stacey -Constable Fee $400.00 -Publication $175.00 -Abstract Fee $250.00 -Cost $0.00 -Ad Litem Fee $0.00 Total: $13,225.00 Taxing Jurisdictions: Amount in Judgment: % Amount Received City of La Porte $3,140.07 29.11% $3,849.71 La Porte IS $4,879.68 45.24% $5,982.46 Harris County $2,368.77 21.96% $2,904.10 San Jacinto CCD $398.64 3.70% $488.73 State of Texas $0.00 0.00% $0.00 $10,787.16 100.00% $13,225.00 Costs + Taxes $12,392.16 Adjudged Value $ 14,830.00 P128 PROPERTY RESALE # ?D8 _REAL PROPERTY OFFER FORM OFFER TO PURCHASE PROPERTY FROM THE CITY OF LA PORTS TRUSTEE (Submit one offer for each account) OFFER NAME (S):, �e� � Ao Y] i o C %j e y(I ADDRESS: _ g � (n st. Lq Ptj I X � s PHONE/FAX NUMBER (S):2-- HCAD ACCOUNT NO.: ( - }_i - C� '.� (D 0 z PROPERTY DESCRIPTION: B 0 G _ w 1�s ate P_4 . AMOUNT OFFERED: , - , , , , , _ �5 ) Lk� 10 GU GOOD FAITH PAYMENT: (10% of offer amount) �, i I have carefully reviewed the administrative procedures for the resale of tax acquired property by the City of La Porte, and I understand and accept ail terms, requirements and conditions contained therein. I understand and agree that if my offer is accepted and I fail to complete the purchase of the property for any reason or I withdraw my offer, my good faith payment shall be forfeited to the City of La Porte as an administrative expense. l further understand that after receipt of my offer, the City will entertain additional offers for an additional ten (10) calendar day period. I further understand the Texas Property Tax Code governs the sale of tax property, and if there is a conflict between said procedures and state law, state law shall control. I have received a current tax statement for the property I have offered to purchase, and I understand and agree that all amounts reflected on the statement must be paid in full unless all taxing units agree in writing to accept less. It is my responsibility to obtain the written consent of each taxing unit to an amount less than the total taxes, penalties, interest and other amounts due. In addition to the tax amounts, all costs of suit, sale, and maintaining and preserving the property must be paid. I also state l am not delinquent on taxes for any properties collected by the La Porte Tax Office. DATE: ` LO_ - (3 o (0 . OFFEROR: SWORN TO AND SQyBSCRIBED BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS THE DAY OF NA& , IzQt �1 �p��pia c ANQEUCAJMES NOT, My Cam miulon Expires July 12, 2014 UBLIC, ST6 E OF TEXAS F�ECEIVED MAY 1 r 2013 Effective Date: 5, 2� La Porte Tax Office Certified Owner: CITY OF LA PORTS ET AL CAUSE #1999-31986 PO BOX 1115 LA PORTE, TX 77572-1115 Account No: 023-165-025-0002 As of Date: 06/01/2013 DELINQUENT TAX STATEMENT SUMMARY %5 COG2 x V. Tr_ x AS ALIKE SULLIVAN HARRIS COUNTY TAX ASSESSOR -COLLECTOR 1001 PRESTON AVE„ SUITE 100 HOUSTON, TEXAS 77002 Legal Description: LTS 7 8 9 10 & I I & S 1/2 OF LT 6 BLK 25 LA PORTE 2012 Valne: $22,434 Legal Acres:.3960 APPR. DIST#: 0231650250002 Parcel Address: 0 w AST Print Date; 0511012013 Printed BY: PBJSH1ERY IF PAID BY END OF DIONTH IF PAID BY END OF NFONTH IF PAID BY END OF MONTH Base .TUNE 2013 dITLY 2013 AUGUST 2013 Penalties & PenaIties & Penalties & Tax Year Tax Units Due Interest Total Interest Total Interest Total 1999 40 41 42 43 44 47 S112.41 $240.51 $352,92 S241.80 $354.21 $243.08 $355.49 2000 40 41 42 43 44 47 $102.87 $168.03 S270.90 $169.22 $272.09 $170.38 $273.25 TOTAL AI110UNT DUE: 5215.28 S408.54 $623.82 $411.02 $626.30 $413.46 S628.74 Tax Unit Codes: 40 Harris County 41 Harris County Flood Control Dist 42 Port of Houston Authority 43 Harris County Hospital District 44 Harris County Dept. of Education 47 San Jacinto College District IF 10U21RE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND THE PROPERTYDESCRIBED IA` THIS DOCUMENT IS YOUR RESIDEA'CE, HOMESTEAD, I'OUSHOULD CONTACT TTTE APPRAISAL DISTRICT REGARDING ANI'ENTITLEHEtVT IOU AIAI' HAVE TO rl POSTPONEMEA'T IN THE PAI'MENT OF THESE TAXES. Partial Statement: Other Years and Tax Units may be due Fagg I of 1 ............................................. ................................................. ...................................................................... ...................................................... ................................. I ........ ..... PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 0511012013 APPR. DIST#: 0231650250002 PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: MIKE SULLIVAN11M 1111 [1111111111111111111II111111111111111111111 HARRiS COUNTY TAX ASSESSOR -COLLECTOR P.O. BOX 4622 * 0 2 3 1 6 5 0 2 5 0 0 0 2 HOUSTON, TEXAS 77210-4622 023-165-025.0002 CITY OF LA PORTE ET Al, CAUSE #1999-31986 PO BOX 1115 LA PORTE, TX 77572-1115 If Paid By Amount Due RJN 2013 $623.82 JUL 2013 $626.30 AUG 2013 5628.74 Amount Pald: S 02316502500026 9900 000062382 000062630 000062874 000000000 � ,. [77,77 ... PROPERTYLOCATION 1inch = 150 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance: Exhibits: Bid Tab, Plan Holder List, Street Overlay List, Street Overlay Plan Budget Source of Funds: 033 Account Number: 033-7071-531-1100 Amount Budgeted: $1,200,000 Amount Requested: $435,986 Budgeted Item: Yes, Funding Available SUMMARY & RECOMMENDATION Advertised, sealed bid proposals for La Porte FY 2013 Street Overlay were opened and read on June 11, 2013. Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website site, and directly mailed out to fourteen (14) area contractors known to possess qualification to complete the work with three (3) contractors returning bids. Forde Construction submitted to lowest bid in the amount of $416,986.00 plus an Alternate Bid of $7,000.00 for providing the milled asphalt from item 5 for a total of $423,986.00. Staff recommends awarding the contract to Forde Construction Company Inc. in the amount of $433,986.00 which is equal to the base bid plus alternate plus $10,000 contingency. Additionally, materials and density testing will be required for this project at a cost of $2,000. Asphalt surface coat prices have increased approximately 22% since 2012 contract price. Proiect Benefits, Liabilities, and Operating Cost: Benefits: • The proposed project provides timely maintenance and rehabilitation of existing public facilities that was envisioned by the city organization and residents with the street tax renewal. Liabilities of Maintaining the Status Quo: • More substantial work to the roadways included with this project would likely be required in the future if the proposed rehabilitation of these facilities were to be deferred for an extended period of time. • Maintenance that is not completed this budget year would need to be added to future budget years. Operating Costs: 0 No new facilities will be added with this project. Action Requested of Council: Consider approval or other action authorizing the City Manager to execute a contract with Forde Construction Company Inc. in the base bid and alternate amount of $423,986.00 with a contingency of $10,000 for a total contract amount of $433,986.00, plus $2,000 for third -parry materials and density testing for a total authorized allocation of $435,986.00. Approved for City Council Agenda Corby D. Alexander, City Manager Date M 0 M m _CL) m N L 0 4+ L M 0 N LL L 0 a ca J O O O O O O O O O O O O O O O O O O O O O O O O O O 2 O O m O cV m O O O O O O O Ln 0 m N O O O O DO O 00 y O O LD O LD c-1 O O Ln O lfl O lfl M N O Ln c-1 N N c-1 c-I lD tn• m -i Q to to to to C tv tv N tv t1Dnn N v M w tn 00 �l LU LL s O O O O O O O O O O C y O O O O O O O O O O 00 O Ln :� .4 .4 r4 O O Ln Ln d 0` .. O O 1, -Ln oo tn. tn tn. in Ln O tn. O ZK ZK °0 'c O a` O O O O Ln Ln O O O O p O p J d O O O O n O O O O O 00 O 00 O O 1� O m Rt O O O O O o a 0 O m Ln 1, Ln 0 0 0 0 O O O Rt N� N N Ln m 00 r-I O v N O 00 Ln O 00 00 c I 00 to c I L!i O Ln 1� l0 N Ln to c-1 to to c-1 +. c tn� tn� N tn� tn� tn� N tn� N c to lfl I� V LL Ca b.0 O O O Ln Ln Ln O O O O •m d O O O n n m O O O O v O 00 r4 L.O m 1-� O O m m 0 0` O 1� oo -Ln tn. tn. Co O tn. tn. ,. O tn. tn. Ln Ln c c p N' 00 c-I -Ln C7 '� O O O O O O O O O O O O O c O O O O O O O O O O O O O L O O Rt O m Ol O O O O O > O O c-1 O 1� Ol O O O O l6 O L6 0 Ln O n O LO Ln 00 O m Rt 00 O 00 O. N 00 Ln 00 Ln Ln 00 00 tn• N 1l� �l E t/} -Ln -Ln t/} t/} t/} N rr u x tn• LL 0 V i N d O O O O O O O O O O c O Ln N Ln r4 m O O (Yi 4 V a O L.O 00 -Ln to c-1 �t O to to v +, c Ln 00 -Ln to to Rt O tn 00 0 c-1 in LL tn c O O r1 1� N m O O m m Ln m —1-1 r-1 ON '""1 0 0 O a J 0 N N LL J CL E J M c > m N > 3 d N O N V l0 ci N N E > i OV > N ci N R R r, R O. N m Ln V1 Ln N a a N O L O E c C N Z — O. l0 M cq OV n ^ N N p OC O R N 0 O i N V V chi i i d y 3 M 0 i J2 J2 V) w 3 In c UD Vf m 0 Vf Vf to �+ J2 y += N a C m o ,0 c eo > d d c 16 c ° m y m Q C7 c c a 5$ a 5. c +. c ^' p a O O d N c Y_ a ; c .. 41 *' cS E cS E E 0 o 0 t"o 0 N a£ a >> >> Ln V d 0) 0 x x a a v E E 0 l0 E N l0 N J J L yr1 4+ N m �t Ln l0 1� 00 01 O I BIDDERS LIST La Porte FY 2013 Street Overlay Project BID #13019 Angel Brothers 5210 West Rd Baytown, TX 77520 Craig & Heidt, Inc. 1970 Knoll Houston, TX 77080 General Contractor Services, Inc 8400 La Porte Rd Houston, TX 77012 Mitchell Enterprises, Ltd 700 N Crockett Sherman, TX 75090 PMG LLC 2723 Houston Ave Houston, TX 77079 iSgFt 8450 Westpark Houston, TX 77063 Garner Paving & Construction, LTD 24706 C R 46 Angleton, TX 77515 SpawGlass Civil Construction, Inc 13800 West Rd Houston, TX 77041 Civil Concepts 3425 Federal St Pasadena, TX 77504 Forde Construction Co 6842 Calle Lozano St Houston, TX 77041 AAA Asphalt 10526 Tanner Rd Houston, TX 77040 Durwood Greene Construction Co. P. O. Box 1338, Stafford, TX 77497 Brooks Concrete 4018 Allen Genoa Pasadena, TX 77504 GMJ Paving Co 4434 Bluebonnet Suite 140 Stafford, TX 77477 a E E u A � La a H a +� 7 � fl s _ a Na C by LA m C m o - :3 ty ErN M O m bA Q7 j ca .� a to 0 fa m 0 O. m ++ a 07 tn d i X +' 0 CL a LL. Ln t: 'O a ti3 � a J ++ LL a a J Qr L7q Qi aio p > 7 QL uL .Q yr v to a a M'c c � ri N > M Lo a. CL d 0 w X 4-- L QJ Q1 C N C 0) E w Q O s _ iv N b N W C o N 7 C d cu > O d W tw UD 7 tw 0. LU 7s 1° C O a. .0 - of +�.+ = a-+ O -p a O o O Qr C= p y a v Q m o s a w w tw O 4� aXi o 0 o N 'C N C C C W C W dL a] {J,l N y c v ,;, N y �-+ E W W 0 Ln v o v e a`i w E ai Lu r a� _ C � O -o 47 +� 'O ai v � O m E7 O 0 j N w v O m aC) Q Lip _ J .5 O Q1 N u W OC a lJ u 2 U LU w a Toj !` n to m tD ao a0 m Q Ln O N Ln a) o o CD 00 Ln ti oo m oo Ln n d m N N N N eat m N rL N d m LLD � kD 00 com � � rl Q r, O rt Q Ln at: m 00 rn N N n tD d' tD Ln O N 00 m N m m 00 tD tD 00 m 00 tD Ln W LD r� tD to r-L tD N . 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REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Councilmembers Zemanek, Kaminski & Moser Department: City Council Report- Re%olution- Ordinance- X Exhibits: Proposed Council Policy: Ethics and Conflict of Interest Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION Many cities across the state have adopted ethics and conflict of interest policies for elected City officials, which often include City officers and employees. The policy before you is a policy affecting both City elected officials and City officers and employees. Action Required by Council: Consider approval or other action adopting an ethics and conflict of interest policy. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO.2013- AN ORDINANCE ESTABLISHING AN ETHICS AND CONFLICT OF INTEREST POLICY APPLICABLE TO CITY OFFICIALS AND EMPLOYEES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Policy and purposes. (a) General policy statement. It is the policy of the City that all City officials and employees shall conduct themselves both inside and outside the City's service so as to give no occasion for distrust of their integrity, impartiality or devotion to the best interest of the City and the public trust which the City holds. (b) Appearance of impropriety. Public service is a public trust. All City officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to administer and enforce the City Charter and City ordinances. To ensure and enhance public confidence in City government, each City official and employee must strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state law, but also to avoid the appearance of impropriety at all times. (c) This code of ethics has three purposes: (1) To encourage ethical conduct on the part of City officials and employees; (2) To encourage public service with the city; (3) To establish standards for ethical conduct for City officials and employees by defining and prohibiting conduct that is incompatible with the interests of the City, (d) This code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. The officials charged with administration of this code of ethics shall administer it in a manner that avoids any such use of this code of ethics. Section 2. Definitions. In this policy: Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage, including any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value. Benefit includes a pecuniary gain or pecuniary advantage to any other person in whose welfare the beneficiary has a direct and substantial interest. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, including a nonprofit organization or governmental entity. Economic interest includes a legal or equitable interest in real property, personal property, or intangible property, or a contractual right, including but not limited to receipt of compensation and/or benefits. Service by a City official or employee as an officer, director, advisor, or other active participant in a nonprofit educational, religious, charitable, fraternal, or civic organization does not create for that City official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the person in question participates in the management of the fund. Employee means any person employed by the City, whether under civil service regulations or not, including those individuals on a part-time basis, but not including any independent contractor. Immediate family means the spouse, children, brothers, sisters and parents of an officer or employee. Officer or official means the Mayor or any member of the City Council and any appointive member of a City board, commission or committee established by ordinance, charter or state law. Section 3. Prohibition against involvement in actions affecting economic interests. (a) General rule. It shall be a violation of this policy for a City official or employee to participate in any proceedings or take any official action that he or she knows is likely to: (1) Affect an economic interest of: (A) The official or employee; (B) His or her immediate family member; (C) A member of his or her household; (D) An outside employer of the official or employee or of his or her immediate family member; (E) A business entity in which the official or employee or his or her immediate family member holds an economic interest; (F) A business entity for which the City official or employee serves as an employee, officer or director, or otherwise functions in any policy making position; or (G) A person or business entity from whom the official or employee, or his or her immediate family member, has solicited, received and not rejected, or accepted an offer of employment within the past twelve months; or (2) Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or employee is distinguishable from the effect of the action on members of the public in general or a substantial segment of the public. (b) Meaning of "affect". (1) In subsection (a)(1) above, an action is likely to affect an official's or employee's economic interest if it meets all of the following: (A) The action is likely to have an effect on that interest, either positive or negative, that is distinguishable from its effect on members of the public in general or a substantial segment of the public. (B) The effect of the action on that interest is direct, and not secondary or indirect. However, the action need not be the only producing cause of the effect in order for the effect to be direct. C) The effect on the interest must be more than insignificant or de minimis in nature or value. (2) In determining whether a person, entity or property is or was affected by an official's or employee's participation in proceedings, vote or decision, it will not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. (c) Recusal and disclosure. A City official or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest law if he or she participated in proceedings or took an action, must abstain from participation in the action in accordance with the following: (1) Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal; (2) Promptly file necessary documentation disclosing the nature and extent of the interest triggering the recusal with the City Secretary, if the person is an official, or with the person's supervisor, if the person is an employee; (3) Promptly notify the person's supervisor of the nature and extent of the interest triggering the recusal, if the person is a City employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4) Promptly disclose the interest triggering the recusal, if the person is a member of the City Council, a City board or commission, to other members of the City Council, board or commission, and leave the room in which the City Council, board or commission is meeting during the board or commission's discussion of, or voting on, the matter. Section 4. Standards of conduct. (a) Standards for immediate family members. It is a violation of this policy for an immediate family member to intentionally or knowingly: (1) Solicit, accept or agree to accept from another person any benefit that the member's relative, who is a City officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law; (2) Misuse any official information obtained from the member's relative, who is a City officer or employee, to which the relative has access by virtue of the relative's office or employment and that has not been made public, in a manner prohibited as to the relative under state law; or (3) Misuse, as defined in V.T.C.A., Penal Code §39.01, any City property, services, personnel or any other thing of value belonging to the City that has come into the member's custody or possession by virtue of the office or employment of the member's relative who is a City officer or employee. (b) Representation and appearance at meetings. No City officer or employee shall knowingly: (1) Appear before the body of which the officer or employee is a member, or otherwise participate in any proceedings, as a representative for any private person, including the officer or employee or any immediate family member, or any outside employer, business entity, group or interest; (2) Represent, directly or indirectly, any private person, including the officer or employee or any immediate family member, or any outside employer, business entity, group or interest in any action or proceeding against the interests of the City or in any litigation in which the City or any department, agency, commission or board thereof is a party; (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of City duties or that might impair independent judgment in the performance of City duties; or (4) Make a false statement of material fact at a public meeting. This subsection shall not be construed to deprive an officer or employee of the right to due process under the law, including the right to represent himself/herself in a court proceeding. (c) Representation by council members. No City Council member shall knowingly represent any private person, including the City Council member or any immediate family member, or any outside employer, business entity, group or interest in any matter before any department, agency, commission or board of the City, except that City Council members may represent their interests in their owner -occupied homesteads before a board, agency, commission or department of the City other than the City Council. (d) Representation in municipal court. In any action or proceeding in the municipal court which is instituted by a City officer or employee in the course of official duties: (1) No City Council member shall knowingly represent any private person other than himself or herself. If a City Council member elects to have a trial in municipal court, the City Council, without the participation of the affected City Council member, will appoint a special judge to preside over the trial. (2) No City officer or employee shall knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (e) Representation in land use and development matters. A member of the planning and zoning commission shall not knowingly represent the member or any other person, group or interest in any matter before the zoning board of adjustments involving land use or development, and a member of the zoning board of adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the planning and zoning commission involving land use or development. This subsection does not apply to members representing their interests in their owner -occupied homesteads. (f) Prohibited use of City position. A City official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A City official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5 . Contracts with City; eligibility for appointment or election to office. (a) No member of the City Council and no City employee shall have a financial interest in the sale to the City of any land, materials, supplies or service, outside of the person's position with the City. Any person having an interest shall be ineligible for election as a City Council member or appointment as a City employee, and any City Council member or City employee who acquires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the City Council member or employee shall render the contract voidable by the City Manager or the City Council. (b) In subsection (a) of this section and in subsection 2.425(c), the term "sale to the City" includes a sale to city -sponsored entities and organizations subject to substantial control by the City in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the City Council; (2) The City provides more than one-half of the operating funds of the entity or organization; (3) The City has approval authority over purchasing decisions made by the entity or organization- (4) The City has approval authority over bonds or other indebtedness issued by the entity or organization; or (5) The City has approval authority over the budget of the organization. (c) This section does not apply to acquisition of property by the City as a result of eminent domain proceedings or the threat of eminent domain proceedings. Section 6. Restrictions on former employees. (a) No former City employee shall, for a period of one year from the date of leaving City employment, knowingly: (1) Appear at a meeting of a board or commission staffed by members of the department of which the employee was a member, as a representative for any private person, including the employee or any immediate family member, or any group or interest. (2) Represent, directly or indirectly, any private person, including the former employee or any immediate family member, or any group or interest in any action or proceeding against the interests of the City or in any litigation in which the City or any department, agency, commission or board thereof is a party. This subsection shall not be construed to deprive a former employee of the right to due process under the law, including the right to represent himself/herself in a court proceeding. (b) In any action or proceeding in the municipal court which is instituted by a City officer or employee in the course of official duties, no former City employee shall, for a period of one year from the date of leaving City employment, knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (c) For a period of one year from the date of leaving employment, a former City employee shall not have any financial interest in the sale to the City of any land, materials, supplies or service. Any violation of this subsection with the actual or constructive knowledge of the former City employee shall render the contract voidable by the City Manager or the City Council. This subsection shall not apply to a former City employee whose employment was terminated as part of a reduction in force. Section 7. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section S. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 9. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section l0. This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this day of , 2013. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: ark skins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Traci Leach Department: Administration Report: X Resolution: Ordinance Attachments: Attachments: Appropriation Source of Funds: Acct Number: Amount Budgeted: Requested: SUMMARY & RECOMMENDATION At the request of the City Council, staff is providing an update of delinquent taxes on properties within La Porte. Prior reports had included a report showing the accounts paid for the previous month, as well as a complete listing of all delinquent accounts. Based on additional feedback after the May 2013 Council meeting, staff has amended the report to further breakdown the delinquent tax listing to provide clarification as to the different statuses each property may be in. The following reports are attached: • Percentages of each delinquency account type in relation to the total amount of delinquencies. • Bankruptcies • Delinquent • Deferrals • Partial Payments • Litigation • Partial Payments • Uncollectable accounts • Struck off properties Staff will be present to take note of any accounts that Council has questions about and will provide follow up as necessary. Action Required by Council: None. Approved for City Council Agenda Corby D. Alexander, City Manager Date Due to the volume of this report, a copy is available for review in the City Secretary's Office. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2013 Requested By: Traci Leach Department: Administration Report: X Resolution: Ordinance: _ Exhibits: 1. Strategic Plan Update Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: _YES _NO SUMMARY & RECOMMENDATION At the April 8, 2013 meeting of City Council, the final version of the Strategic Plan was presented, which included a more detailed listing of action items associated with each goal and objective, plus the addition of four additional goals incorporated by staff. In order to provide Council with timely, staff will be providing a quarterly update outlining the progress made towards the stated goals and objectives. The format is similar to that used for the Planning Audit update. As staff began going through the Plan, there are some timelines that have been adjusted (both back and forward) when compared to what was originally approved by the Council. Those changes are highlighted in yellow. Staff will be available to respond to questions. Action Required of Council: Receive report. Approved for City Council Agenda: Corby D. 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Implementation Matrix - Immediate 2. Implementation Matrix - Short Term 3. Audit Report Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: _YES _NO SUMMARY & RECOMMENDATION At the February 25t' meeting of City Council, the Planning Department Audit Report was presented along with a subsequent Implementation Matrix showing the priority and timeline for delivery of each line item in the order listed within the report. The Implement Matrix listed the report items into three different priorities for initiating action: immediate (those items to be initiated within two months), short-term (those items to be initiated between two and six months), and long-term (those items to be initiated between six and eighteen months). City Council directed staff to report progress quarterly, and this item represents the first quarterly report. For the purposes of reporting status, the Implementation Matrix items were sorted by the three different priorities to initiate, and is being displayed via three separate matrices. Planning staff started with the immediate priority matrix and has been meeting weekly to ensure the project is on schedule. There was also some limited action on the short term items as well, so both matrices are attached to this report. Each Implementation Matrix graphically shows the degree of completion of each line item by a color coded Gantt chart with comments if applicable to that line item. The attached Audit Report consists of the originally approved narrative document that now also contains a highlighted, written entry below each applicable recommendation describing what action was achieved for that recommendation. Overall the department is encouraging the use of a predevelopment applicant consultation process to provide better comprehensive information up front rather than response based review format. More data will be linked to the City's electronic systems and internet based information for ease of access. The provision of this data will also reduce the applicants need to go through some time consuming steps that were prerequisites up until this point. Action Required of Council: Receive report. Approved for City Council Agenda: Corby D. 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K W o Y �� v 0 3 w w v>zo Q r4� —> o =1 o - V O�xc�r'��awwa O J ^ C zw �c:�Cuu O a° ¢c:�c:�M�a ci w° ^ C9m n II I Q a w w��w 9 o m ru m rig V ru �n io o� M ti ff a io ti m Z ru m a ti io z 0 a it 7 C N F ti rya City of La Porte Planning Department Organizational Review Final Report and Recommendations Mueller Management/Ron Cox Consulting February 6, 2013 City of La Porte Planning Department Organizational Review Final Report and Recommendations Table of Contents Introduction Recommendations Process Recommendations A. Communication B. Cumbersome Processes C. Site Plan Review Process D. Permitting Intake/Issuance E. Code Enforcement F. Inspections G. Miscellaneous Organizational Culture Recommendations H. Mission & Goals I. Departmental Cohesiveness J. Trust Code Recommendations K. Code Recommendations Zoning Code Development Ordinance Other Conclusion IV. Exhibits A. Site Plan Review Flowchart B. Permit Intake/Issuance Flowchart Page 2 4 4 6 8 10 12 13 14 15 18 19 20 20 23 25 25 i Planning Department Review Mueller Management/Ron Cox Consulting I. Introduction On September 24, 2012, the City of La Porte engaged Mueller Management, in association with Ron Cox Consulting, to perform an organizational review of the Planning Department. The desire for organizational reviews in various departments of the City was identified by the City Council during the FY 2013 budget planning process. The Planning Department was chosen as the initial candidate for review due to its high frequency of customer/citizen interaction points. The results of these interactions can have a significant impact on the community's perception of the City government as a whole. Specifically, the purpose of this review was directed toward evaluating departmental policies, procedures, practices, and codes to identify improvements that may add value, shorten response times, and improve customer service. In particular, the processes involved with site planning and permit issuance were identified as areas of emphasis. The underlying strategy of the analysis by the consulting team was to identify "internal perceptions" and "external perceptions" as they relate to the identified issues/problems. The degree to which the perceptions of internal participants (employees) align or differ from external participants (City Council, Planning Commission, customers) was analyzed to identify gaps in desired -versus -provided service levels. Internal perceptions were gathered from individual interviews with each member of the Planning Department and members of other City departments who are involved with the site plan and building permit processes. Further, the site plan review process and the permit intake and issuance processes were flowcharted to identify potential gaps or inefficiencies in those processes. External perceptions were obtained by individual interviews with each member of the City Council and Planning and Zoning Commission. To further validate the perceptions communicated during those interviews, three separate focus groups were convened — one focused on code enforcement; one with contractors/designers; and one with business owners. An interim report, summarizing the internal and external observations, organized under 10 major themes, was presented to City Council on December 10, 2012. Subsequent to the interim report presentation, the consulting team conducted the following activities: • The interim report and several specific customer concerns that were expressed in the focus groups were reviewed with the Planning Department division managers. This review provided an opportunity for the staff to better understand and accept the reality of the issues at hand and begin to be part of the recommended solutions. • Management recommendations were developed to address the organizational culture, communication, and trust themes that were identified in the interim report. 2 Planning Department Review Mueller Management/Ron Cox Consulting • The flow -charted processes were analyzed for efficiency and communication improvement opportunities. • Organizational, process, and communication improvements were developed. Suggestions offered by the elected and appointed officials, customers and employees were incorporated. • The zoning and development codes were evaluated for potential recommendations to improve their functionality and address concerns raised by the customer groups. Implementation Recommendations: Implementation of the recommendations will present many opportunities for organizational and leadership development within the department and with customers. An effective method of implementation is the use of task forces organized around a specific set of the recommendations. Membership in the task forces should primarily consist of employees within the department, but should also consist of representatives of the customer groups identified earlier. Each task force should be managed by a team leader appointed by the Director. Each team leader will be responsible for completing and reporting on the final implementation. It is also important to reinforce the revised processes with underlying improvements in culture, trust, and cohesiveness. The process improvements will not be fully successful until the underlying organizational culture is redirected toward better cooperation internally and a customer focus externally. A variety of tools are available designed to enhance the organizational culture. A commitment by City Council and management toward this holistic approach will enhance the full implementation of the improved customer service attitude. Acknowledgements: The consulting team wishes to thank all members of the City Council, Planning Commission, City Manager's office, the Planning Department, and the customer focus group participants. We received great cooperation from each person we spoke with and encountered no obstacles in obtaining the information we requested. All participants were very candid in their comments and believed their negative and positive comments would be used in the spirit of improvement for the department. Many positive suggestions were put forth by the individuals and groups we worked with that were incorporated into these recommendations. The consulting team appreciates this opportunity to be of service to the city of La Porte. It is our hope that these recommendations will add value to your customer's experiences and your staff's ability to effectively perform their jobs. This report concludes our engagement, however, we are available to provide additional assistance should you or the staff desire an additional engagement to assist with implementation. 3 Planning Department Review Mueller Management/Ron Cox Consulting II. Findings and Recommendations The internal observations, external perceptions, and a preliminary assessment of the implications of these observations and perceptions were documented in the interim report. The topics presented in this report generally correspond to the themes that were covered in the interim report. A set of findings are presented for each topic along with a series of recommendations designed to address each finding. The topics are grouped into process, organizational culture, and code -related recommendations. Process Recommendations The following process -related recommendations are intended to respond to concerns expressed by customers and incorporate procedural improvement possibilities observed by the consulting team. These improvements are designed to improve communication and access to information; reduce the time required to obtain permits and improve the customer experience when interacting with the Department. A. Communication Findings The variety of independent prerequisites before the issuance of a building permit provides multiple opportunities for ambiguity and difficulty in coordination. Currently, there is not a single person charged with coordinating all aspects of a project from initial application to final approval so it can be challenging for customers to know exactly which sub -applications apply for a particular project and the correct submittal sequence. Staff acknowledged that multiple resubmittals do occur, but generally believe those cases are a result of poor plans being submitted or designers modifying unrelated items (on which the additional comments are based). There is a gap between the perceptions of the customers and the staff that needs to be resolved. Recommendations 1. Pre -Development Meetings with customers: i. Establish routine days and times for pre -development meetings when staff will be available. ii. Establish which staff is required to attend the pre -development meetings, and hold those staff accountable for attendance. Establish a protocol and assign 4 Planning Department Review Mueller Management/Ron Cox Consulting responsibility to the appropriate person for notifying the staff of their attendance requirement. iii. Publicize the availability and schedule of pre -development meetings on the web site and in the Planning Department lobby. Encourage staff to reinforce the preference for using the pre -development meeting format whenever possible in their interactions with the public. iv. Develop a pre -development meeting checklist that outlines all of the permits that may be necessary for a particular project, so that the applicant is made aware of the multiple steps that may be needed before they make their first submittal. Also, provide fee schedules associated with each of the applicable permits. v. Utilize the pre -development meeting to review the checklist and have staff available to elaborate and answer questions. Also, utilize this meeting to communicate lessons learned from similar projects, such as critical review items and long lead-time aspects of the permitting process, to assist the customer in planning their overall schedule. Staff is creating a predevelopment applicant consultation packet, which includes a comprehensive checklist of all development processes. The checklist also contains website links to further explain each process. 2. Host periodic forums for the development/contractor/business community to open and maintain an opportunity for dialogue. These forums can be utilized to communicate such topics as new codes, frequently encountered problems, and to receive feedback and suggestions from developers and contractors. The goal is to establish and maintain open lines of communication between the department and customers to reduce the perception that involving management or council is required in order to achieve solutions. Establishing open rapport will facilitate a collaborative problem -solving environment between staff and customers. i. Initially a quarterly schedule is recommended; re-evaluate frequency after the first year. ii. Depending on the interest of participants, the city may want to break the forums into more focused topic sub -groups (for example, separate planning, engineering, and inspections forums). 3. Establish a centralized database of previous code interpretations accessible to the staff and public; or display in a FAQ format. 4. Ensure that the need for address verification and utility verification is communicated consistently; document the need on related forms and communicate early in the application process. 5 Planning Department Review Mueller Management/Ron Cox Consulting The need for property identification (HCAD Number) and address, if existing, has been noted on our existing forms, the newly created predevelopment checklist, and is being communicated verbally during initial meetings with applicants. The utility verification process has been replaced by the publication of GIS utility layers on the City's website. Utility verifications will be performed by Public Works on a case - by -case basis only when utility verification is in question. If a utility extension is necessary, applicant will be advised of the utility extension processes. The culvert request process has been replaced by the internal permit review process, wherein staff will determine culvert size for any driveway construction or culvert installation. Local driveway permits will be issued regardless of jurisdictional status; the strictest regulation will govern. 5. Ensure that all permit application forms and related information (that was provided to the consultants in the binder) are available on the website. At a minimum, provide printable PDF files, but preferably as live forms that can be completed and submitted electronically. Many forms are currently available to the public on the website. These forms, as well as additional forms, will be updated and converted to Tillable .pdf forms as the audit is implemented. 6. To the greatest extent possible with the current computer system, make information available on-line so that applicants can obtain status updates as easily as possible. Where the computer system falls short, establish an information base that will track status of projects and provide contact information to the customer for obtaining that information. The objective is to develop a system within the constraints of the current computer software system, to provide substantive information to the customer on a timely basis. 7. Post the office hours by the outside door. City hall hours are posted, which may cause customers to think the office is closed when it is actually open. Division hours of operation were immediately posted on a temporary sign on the exterior doors to the Inspection Division. The temporary sign has since been replaced with permanent signage. Additionally, directional signage for Inspections/Permitting has been placed at the main entrance to City Hall. 6 Planning Department Review Mueller Management/Ron Cox Consulting 8. Departmental staff should proactively notify the city management of customer interactions that may be reasonably expected to evolve into more difficult public relations situations. Staff continues to utilize the chain of command to notify city management of potential public relations situations. 9. Revise the Planning & Zoning Commission public hearing agenda format. The following agenda sequence is proposed: i. Staff Presentation ii. Applicant Presentation iii. Public Comments (for, against, or simply questions) iv. Question and Answer The current public hearing agenda format encourages the Commission to ask questions before all of the information has been presented and also puts the staff in the position of answering questions better answered by the applicant. The Commission should allow all information to be presented in items i-iii before asking questions under item iv. Any questions posed by the public during item iii should be noted by the Commission and then asked by the Commission during the question and answer period. During the question and answer period, questions should be directed by the Commission to either the staff or applicant, depending on who is in the better position to answer the particular question. B. Cumbersome Processes Findings The cumbersome nature of the NaviLine software system appears to contribute to some of the sluggishness and inconsistencies that customers experience. Ironically, if customers find the processes too difficult to navigate and work without permits, this also increases the workload of the code enforcement division. Recommendations 1. Track certain permits outside of the NaviLine system to eliminate excess data entry that does not add value — for example: fill dirt, utility verification, culvert, address assignment, site plan review. i. A separate logging and tracking system (database or spreadsheet) needs to be developed and made available on the server so all staff members have access to update information and check status' as needed. Planning Department Review Mueller Management/Ron Cox Consulting Planning staff will continue to utilize Naviline to enter data for all identified processes. Necessary staff training has been scheduled to ensure the ability to use the system as intended. 2. The driveway permit process should be modified so that culvert sizing is handled as part of driveway permit process rather than as a separate application. When a driveway permit (issued by the Inspections Division) requires a culvert, a separate culvert permit (issued by the Engineering Division) is also required. The culvert permit primarily consists of specifying the correct diameter for the culvert pipe. If the culvert is for a non -driveway application, the culvert application would still be a separate application. 3. Complete the water and sewer GIS layer and make available to the public. The internal utility verification process can be eliminated completely by allowing the public, land owners, and engineers to access the data directly. However, in the interim, within the current utility verification process: i. Ensure that the drawing of the existing utilities is provided to the applicant as part of the response to the applicant. ii. If NaviLine is continued to be used to track utility verification requests, save a PDF of the utility drawing as an attachment to the NaviLine file so that all data related to the request can be obtained in one location. 4. Until NaviLine is able to produce the information needed for the monthly reports, the reports should be reconfigured to eliminate the time and effort needed to track information manually. Currently, some data for the monthly and quarterly reports is tracked manually because it is not accessible from NaviLine. 5. Establish and publish plan review time goals for the most commonly issued permits. This information will provide the customer with a reasonable expectation and establish accountability for the staff. 6. Allow simple plan sets to be reviewed quickly while more complex plan sets are being reviewed in the background. To expedite simpler plan sets, establish and use a priority process rather than a chronological (first come -first served) policy. 7. Establish a simplified fence permitting process. The current system is both time consuming and expensive and is a source of consistent frustration and complaints. To expedite standard fence replacements in the same location, do not require site plans or formal surveys. Utilize standard details as a condition of approval (setting posts, attachment of runners and pickets, etc.). If a fence is on a common property line, 8 Planning Department Review Mueller Management/Ron Cox Consulting perhaps require consent from the neighbor to waive the site plan requirement. As a further relaxation, the site plan requirement for new fences could also be waived with location restrictions being issued as permit conditions. 8. Upon issuance of the certificate of occupancy, paper inspection files should be purged. Maintaining the paper copies of plan review comments, permits, and inspection results takes considerable staff time. The content of these files is generally redundant to data that has been or should have been entered into the NaviLine permit file. 9. Establish a consistent philosophy to utilize PUD's to simplify, rather than complicate, development applications. Several people who were interviewed reported that the current implementation of PUD's actually makes approval of a project more difficult, rather than facilitating the unique situations they are intended to benefit. Consistent with the organizational culture initiatives previously discussed, an attitude of using PUD's to facilitate development, rather than as a mechanism to add additional requirements, should be encouraged and enforced by management and City Council. C. Site Plan Review Process Findings The site plan review process affects a wide variety of businesses and may be the first interaction an applicant has with the City. As currently structured and administered, the process causes confusion for many applicants and creates a poor first impression. Recommendations 1. Compile and agree upon staff review comments before meeting with the applicant. The site plan meeting has been incorporated into the predevelopment applicant consultation meeting to systematically include collection, compilation, and distribution of reviewers' comments prior to meeting with the applicant. 2. Establish appropriate review protocol between the Planning and Fire Departments. Evaluate need for fire marshal to be involved with site plan review; consider whether or not one Fire Department representative can handle all fire -related review comments. This will better define and possibly reduce the number of people involved in the review process. A meeting was held to discuss review protocol between the Planning and Fire Departments. It was determined that representatives from both Fire Prevention and 9 Planning Department Review Mueller Management/Ron Cox Consulting Fire Suppression Divisions must be in attendance at the predevelopment applicant consultation meetings. 3. Develop and consistently use checklists for each reviewer. The contents of each checklist should be unique to the items for which each reviewer is responsible and approved by the Planning Director. Periodically update the checklists as new or recurring issues arise. The checklists can be provided directly to the applicants in advance to better inform them of the requirements. Further the completed checklists can also be provided to the applicants to eliminate the time and effort required to compile all comments into one review letter. The predevelopment applicant checklist will be provided to applicants during predevelopment meetings and will contain website links to department specific applications, processes and development criteria. 4. Ensure all reviewers are submitting comments electronically in a consistent form (Word document or NaviLine) using the checklists described above; also consider requiring reviewers to provide marked -up plan sets for return to the applicant. All reviewers have been submitting comments electronically. Staff has implemented the Naviline response protocol as the standard of operation. Subsequent training was provided to reviewers on 4-30-13. Additionally, training on electronic mark-ups of redlines will be scheduled after acquisition of Adobe Pro for all reviewers. 5. Ensure review deadlines for each application are communicated and enforced for all reviewers (inside and outside of the Planning Department). Five day review deadlines have been communicated via memo from the Planning Director to all reviewers and will be reiterated in a project memo with each Naviline application. 6. Establish review turn -around time goals for re -submittals. The goal is to complete the review of resubmitted plans within three (3) business days, but not to exceed five (5) business days from the date of resubmittal. If the plan is not approved, written communication will be provided to the applicant outlining the deficiencies. Once the plan is approved, a signed copy of the plan will be returned to the applicant. 10 Planning Department Review Mueller Management/Ron Cox Consulting 7. Establish and enforce a policy that additional comments will not be added on resubmittals. Exception: when the applicant has made changes to the plans subsequent to the prior submittal. A policy has been created disallowing additional comments on resubmittals, except when the applicant has made changes to the plans subsequent to the prior submittal. 8. Research the ability of NaviLine to assign a project number using an HCAD parcel number (if NaviLine tracking of site plans is continued). Currently, site plan applications can not be entered until an address is assigned. This sometimes results in a delay of processing while the address verification process is completed. Naviline does not have the ability to substitute sequential project numbers for HCAD numbers. HCAD parcel number entry is standard operating procedure for applications. 9. Ensure NaviLine is sending automatic notices of new site plan applications received to all reviewers (if NaviLine tracking of site plans is continued). Testing demonstrated that all site plan reviewers are receiving notices of site plan applications. 10. Establish and post annually a schedule of deadline dates for submittals, return of comments, resubmittals, and the corresponding Planning and Zoning Commission meeting date on which action will be taken (if applicable). A schedule has been posted on the Planning Department webpage. 11. Consolidated review comments that are sent to the applicant should be provided to all reviewers. These consolidated comments will allow each reviewer to be aware of the full context of comments that were made. All reviewers are receiving a copy of the comments letter sent to the applicant. 12. Ensure NaviLine is placing a hold on release of building permits until site plan is approved. A hold on building permit issuance is being placed on all site plans entered in Naviline until such time an approved site plan is received. 13. Automate the generation of the final site plan approval letter sent to the applicant. 11 Planning Department Review Mueller Management/Ron Cox Consulting A step has been added in Naviline to ensure the site plan approval letter to the applicant is automatically being generated. 14. Replace the manual "building permits release" form currently being sent to the Inspections Division with the automated letter described above. Incorporated into Step 13 above. 15. Develop a screening questionnaire to help applicants better prepare the application; this can be reviewed and provided at the pre -development meeting. i. Communicate to applicants the need for an address request to accompany or precede a site plan application. ii. Communicate to applicants that the proposed electric meter location is critical for determining a proper address. iii. Communicate to applicants the need for a utility verification request to accompany or precede a site plan application. 16. Make available to applicants a sample of a good site plan application to use as a reference in preparing their application. A sample site plan has been prepared which shows the necessary information as ideally arranged. 17. Re-evaluate the site plan application form to ensure all requested information is necessary; remove unnecessary or unused information to make submittal simpler for the applicant. D. Permitting Intake/Issuance Findings Customers perceive difficulty in timely receipt of consistent plan review comments and issuance of permits. In some cases, customers also experience complications in obtaining access to status information. Reducing redundant internal procedures will free up staff time for more meaningful tasks and customer communications. Providing a process to streamline the issuance of more routine permits to trade contractors would address several customer concerns. Recommendations 1. Investigate and implement the ability to allow permit applications to be completed and submitted electronically with payments made on-line, over -the -phone by credit 12 Planning Department Review Mueller Management/Ron Cox Consulting card, or with an escrow fund. At a minimum, contractors should have the ability to pay for and obtain simple trade permits on-line. 2. Allow contractors to open escrow accounts against which permit fees can be charged to eliminate the need for recurring checks and trips to city hall to pay for trade type permits. 3. Ensure that building plan review turn -around time goals are established and enforced for all staff members involved with plan review. There has been an unwritten policy that dictates building plan review turn -around time goals. These review time goals have now been incorporated into a written department policy. 4. Establish and enforce a policy that additional comments will not be added on resubmittals. Exception: when the applicant has made changes to the plans subsequent to the prior submittal. A policy has been created disallowing additional comments on resubmittals, except when the applicant has made changes to the plans subsequent to the prior submittal. 5. Redundant paper logs should be eliminated with the data being retrieved from NaviLine when needed. There are multiple paper logs used for tracking various permit applications and the status of those applications. Examples include: permits issued log (tracks applications during plan review), over the counter log (tracks resubmittals and other delivered documents), roof permits log, temporary and portable sign log, clearing/fill dirt/storm water quality log, new code enforcement case log, and a follow up code enforcement log. Periodically, the data on these logs are typed into a spreadsheet for archiving, but the original paper logs are also maintained. Additionally, there is a separate database maintained for water and sewer taps. Most of the information entered on the logs is also entered into NaviLine as part of the process to set up the permit file in the system. If NaviLine is incapable of appropriately tracking the review steps, a separate database should be set up in place of the paper logs, so that the tracking information can be easily entered, updated, queried, and accessed from the network by all staff members. The database should be set up to track the info needed for the various permit types, but only require the relevant data fields for the particular permit type. The database should also be made available to the public so that applicants can see the review status of their applications. 13 Planning Department Review Mueller Management/Ron Cox Consulting 6. The Inspections Services Technicians should log Planning Division -related applications, such as site plans and zone changes. A consistent logging process as described above should be developed for all Planning Department applications to eliminate the differentiation between processes for each division. 7. Ensure the fire marshal building plan review comments are coordinated with the Inspections Division comments and returned simultaneously with the Inspections comments. Comments provided by the Fire Marshal will be solicited by Inspection Reviewers and will be sent out by the goal date. 8. Ensure all three front counter technicians have the same job descriptions and are adequately cross -trained; each have areas of specialty, but workload should always be balanced. 9. Ensure all three front counter technicians have access to the same standard inspection notes files and all relevant NaviLine modules. All front counter technicians have access to Code Enforcement, Building Permits, Business Licenses, Planning & Engineering, and Land Management Naviline modules. 10. Plan review for clearing permits conducted by a Parks Department representative and Engineering and Planning Divisions should be done simultaneously rather than serially. A simultaneous review process will expedite the issuance of the permits. Procedure for reviewing/approving clearing permits has been revised to exclude the address requirement, which has been the primary cause of delay. 11. Adopt one consistent suite of building codes. Currently, a mixture of the International and Uniform Building Codes are utilized for different trade specialties. From the customer's perspective only one suite of codes should be adopted and utilized. E. Code Enforcement Findings Some customers report difficulty in ascertaining the status of service requests. Inefficient internal processes affect the timeliness of data being available and add a redundant burden to the Inspection Services Technicians. From a broader perspective, there are differing opinions as to the 14 Planning Department Review Mueller Management/Ron Cox Consulting preferred focus of code enforcement efforts — an even distribution, or a focus on hot spots or repeat offenders. Recommendations 1. Implement a method to allow the inspection notes/results to be transferred electronically to NaviLine. Currently the notes are taken in the iPad, printed, and then input into NaviLine by the Inspection Services Technicians. 2. Develop the GIS so that the status of code enforcement cases can be displayed graphically and accessed directly by the public. This will aid citizens in being able to quickly ascertain the status of a complaint they called in or to know the status of cases in their neighborhood. Additionally, the graphical representation will assist staff in identifying recurring problem trends as an aid to targeted enforcement. 3. Conduct quarterly forums with citizens and homeowners groups. These forums can be utilized to identify "hot spots" in the community that may need special attention by code enforcement and provide a system for follow up. F. Inspections Findings There are opportunities to improve the customers' experiences as they relate to interactivity and consistency. Many customer suggestions centered on interactivity improvements such topics as the ability to submit permit applications, request inspections, or view inspection results on-line. Customers also requested improvements to consistency in the interpretations made by different inspectors. Internally, there are several paper -based tracking processes that are redundant to electronic processes. Recommendations 1. Assign inspectors by project rather than geographically. This system will allow the customer to have a consistent representative throughout the construction process; other inspectors are still available to cover vacations or for consultation when needed. 2. Provide an opportunity for the assigned inspector to be involved with the commercial plan review before final approval. This system will reduce the occurrence of the field inspectors enforcing codes differently than the plan reviewer. 15 Planning Department Review Mueller Management/Ron Cox Consulting 3. Allow trade permits to be finalized as the work is completed prior to the final building certificate of occupancy. Several customers commented that the current process does not allow them to receive trade finals until the final certificate of occupancy for the building is approved. This practice causes delays in subcontractors being able to close out their contracts and receive final payment. 4. The inspectors should use their Wads to document field inspection notes and results for direct transfer to the NaviLine system. The current process requires the inspectors to hand -write notes and inspection results in the field. The results are then entered by the Inspection Services Technicians into the NaviLine system. To complete this change, a method to electronically link the iPad with NaviLine needs to be identified. This change would free up office staff time and allow inspection results to be posted much more quickly, while not adding additional work for the inspectors. 5. Implement an on-line inspection request system that could interface directly with NaviLine to save considerable staff time. The process of pulling inspection requests from the answering machine, transcribing the information onto "white tickets", and entering data into NaviLine is time-consuming. The current process of attaching the white ticket to the inspection folder and then re -stapling it into the ticket book is redundant and should be eliminated as all of the needed information should be transferred to the NaviLine file. 6. Interface the NaviLine system with the website so that inspection results can be viewed on-line by the contractor or owner. G. Miscellaneous Findings During the course of the review, the consulting team noted several other observations, which are addressed in the following recommendations. Recommendations 1. Re-evaluate the need for extended office hours; shift technicians to a standard 8-5 shift with a rotation for one technician to arrive early to pull morning inspection requests. Evaluation and customer polling indicates extended hours are desired by the public. 2. Executed utility reimbursement agreements should be added as an attachment to the relevant water and/or sewer line database file in GIS. This will facilitate tracking, help 16 Planning Department Review Mueller Management/Ron Cox Consulting to ensure proper payments are required of new development, and identify when the full cost has been reimbursed to the initial developer. 3. Establish streamlined street and alley abandonment procedures available under state law; establish a prioritized schedule for systematically abandoning unused rights -of - way, rather than inefficiently responding to ad hoc requests. 4. The duties formerly assigned to eliminated Planning Division personnel should be assigned to specific employees to ensure clear lines of accountability. With the recent reduction of Planning Division personnel, duties of prior employees have been split between the planner and the office coordinator, but specific responsibility for tasks varies on case by case basis. Staff responsibility for duties has been discussed and reassignment has occurred. 5. Zoning notification letters and mailing labels should be generated from the notification list by a mail merge function rather than manually. Mail merge will be used on future zoning notifications as well as other notifications. 6. The NaviLine system should be programmed to automatically print water and sewer tap work orders to avoid the delays and manual steps inherent in the current method. Currently, when a work order request for a new water or sewer tap is generated by an Inspections Services Technician, the utility superintendent does not receive an automatic notification. The superintendent has to periodically check the system to see if there are new work order requests. Additionally, the superintendent has to perform several administrative steps in order for NaviLine to print the work order. 7. The Survey Party Chief job description should be updated. The job description does not match the current duties of the position. Job Description is being rewritten, but is pending reauthorization from budget process. 8. GIS Division: The non-GIS tasks assigned to the GIS Manager should be shifted to other staff members so that the GIS manager can appropriately focus on development of the GIS and management of GIS-related personnel. If the efficiency and automation recommendations related to the Inspections Services Technicians are implemented, those individuals should be freed up to assist with more productive work. 17 Planning Department Review Mueller Management/Ron Cox Consulting ii. Provide additional GIS and Laserfiche licenses and training to relevant Inspections Division staff members to allow staff to obtain information more directly without having to involve the GIS Manager. iii. Properly fund and execute the GIS development program to facilitate data availability for customers. A more functional GIS will improve the public's ability to get the information they need to prepare better plan submittals, and will free up staff time currently occupied with manually obtaining that data for customers. Organizational Culture Recommendations This engagement has identified many process issues within the Planning Department. It is believed that making the changes that have been identified in the first part of this report will bring immediate results. It is also believed that to ensure a more complete and more meaningful change in the organization, more than just process should be addressed. In the research many gaps in the Departments' organizational culture were identified. These findings and recommendations are addressed below. It is also believed there is a need to better align the organizational culture of the Planning Department with the philosophy of the City Council. Working together the Department and the Council can place the City on a better tract toward the same goals and ensure success both with these organizational and process changes, but the success of the City. H. Mission & Goals Findings There is an opportunity to enhance the department employee's understanding and buy -in for the mission and goals of the City and Council and management for the department. Developing improved processes and procedures will not have full effect unless the organizational culture of the department is addressed and aligned with the City's overall goals. Recommendations 1. Discern a consensus between City Council and management regarding the desired customer service philosophy for the Planning Department. i. The City Council and staff should work together to discuss and develop the economic development philosophy of the City. The result of this discussion should provide staff with better guidance on what development projects are/are not acceptable in the community. This gives better guidance to staff when approached for zoning changes and other development considerations. ii. The City Manager, Planning Director, and City Council should discuss and establish an understanding regarding the degree to which City Council desires 18 Planning Department Review Mueller Management/Ron Cox Consulting staff to interpret codes in favor of customer perspectives and expediting projects. This discussion should give definition to providing "common sense" answers to customers without being too technical, or too liberal with their interpretations. The result of this discussion should encourage staff to make better judgment calls with the security to know they will be supported by the City Council. iii. City Council should establish for themselves guidelines for appropriate Council responses to citizen complaints/concerns. iv. The City Manager and City Council should discuss and agree upon the appropriate channel and method for communicating complaints/concerns including whether or not City Council should coordinate through the City Manager or directly with department employees. These protocols should reduce the feeling by staff they are in a constant state of defense, avoiding the "gotcha" syndrome some feel is present. v. The City Manager, Planning Director and City Council should discuss and come to an understanding regarding the preparation, presentation and process of amendments to the various codes and ordinances (staff has been told by previous councils it is not their job to bring proposed amendments). This should assist the staff in knowing when and how to present needed amendments to meet changes in state law, changes in process and changes in local environment to enhance customer service. vi. Staff should develop meaningful communication opportunities regarding the successes and challenges within the department to enhance City Council's trust that staff is timely and sensibly responding to City Council and customer inquiries. 2. Develop an updated mission statement, guiding principals, and goals for the Planning Department and each Division. 3. Encourage a departmental culture of problem solving, assisting all customers with solutions and overcoming impediments, rather than focusing on minor technicalities. Increase the staff's understanding of the customer's schedule and financing constraints; "time is money" is a true adage. Inculcate an attitude of collaboration with citizens and customers, instead of power and control, to overcome the "god syndrome" reported by some customers. i. Conduct periodic all -employee meetings to reinforce departmental philosophies -mission, guiding principals and goals. ii. Conduct periodic employee organizational development exercises to overcome existing internal trust and communication barriers. 19 Planning Department Review Mueller Management/Ron Cox Consulting iii. Use a more structured new employee orientation and training/mentoring system to ensure new employees adopt and express the desired customer service philosophies. 4. Establish and enforce a culture of mutual respect between the City Council, Planning Commission, staff, and customers. i. Conduct facilitated sessions between the City Council to determine the Council's collective leadership philosophy regarding economic development within the City. ii. Conduct facilitated sessions between the City Council, Planning & Zoning Commission and staff to deliver that philosophy as well as align the actions the Commission and staff need to take within their respective authorities. iii. Meet periodically with customers to ensure that philosophy is both conveyed and is in line with community needs. iv. Conduct regular follow up sessions with Council, Commission and staff to ensure long-term alignment. 5. Establish an understanding that staff will be supported by City Council and management when making judgment calls consistent with the agreed upon "common sense" parameters. As stated earlier, frank discussions between City Council and staff should allow for the development of common understandings of how flexible the staff can be in interpreting code issues, and better define "common sense" answers to issues that do not overstep authority of the staff or provide the basis for discriminatory decision making. 6. Establish Planning Commission bylaws and rules of procedure including such topics as: i. Conflict of interest, participation, abstentions, and voting. ii. Differentiate member roles for zoning, site plan, platting, and administrative functions of the Commission. iii. Define and enforce appropriate protocol and decorum expectations. iv. Ensure Commission members are availed of training and education opportunities. v. Establishing a schedule and process for periodic review of codes and ordinances directly related to the work of the Planning Commission. 1. Departmental Cohesiveness Findings 20 Planning Department Review Mueller Management/Ron Cox Consulting There is an internal tension between the divisions of the department that may cause communication errors and process difficulties. A lack of cohesion could easily translate to processes not functioning as efficiently as possible and customers experiencing difficulty. Recommendations 1. Change the name of the department to "Planning and Development" or "Development Services", or similar to better reflect the overall mission and responsibilities of the department. A divide between the Inspections and Planning/Engineering Divisions has been identified. One possible cause for the divide is the name of the department does not represent all aspects of the department. There is a Planning Division, which has only one member, within the Planning Department. There is an Engineering Division that is not identified at all within the department. The name of the department implies that planning is its primary function, which tends to diminish the perceived importance of the other divisions within the department. A different name for the department would be more inclusive of all departmental functions and could serve as a first step in reducing internal tensions. 2. Establish one staff member, with a department -wide focus, responsible for shepherding applications through all phases from inception to final acceptance. This person should be charged with communicating all steps and prerequisite permits, for a particular project at the pre -development meeting. This person should be empowered with the authority to make judgments (common sense decisions), to reconcile conflicting inter -division requirements and to facilitate timely and successful completion of projects. Currently, applicants with complex projects must interact serially with the various divisions and multiple contact persons. This system allows staff members to be more concerned with their individual processes/permits rather than on a department -wide focus of achieving an overall successful and timely project for the applicant, further dividing the department. From the applicant's perspective, there is an internal, rules - based focus as opposed to an external project -completion focus. 3. Establish clear lines of responsibility/accountability for the various permitting processes. Define an "approver" and "reviewer(s)" for each major process. Establish and enforce accountability for each employee's role. Enforcing accountability will reduce the need for other employee's to fill gaps. When employees have to fill voids created by others, resentment between employees is generated; process is slowed; and customers experience conflicting guidance, confusion, and frustration. 21 Planning Department Review Mueller Management/Ron Cox Consulting Approvers and reviewers have been defined for each major process. Accountability for those roles will be enforced. 4. Develop a review and comment system that will resolve all issues prior to meeting with the customer. Recognize that individuals involved with inspections, code enforcement, and engineering generally tend to be more "left -brained" and logically - oriented, and individuals involved with planning -related fields generally tend to be more "right -brained" and creative -oriented. When employees interact with other members of the department, recognizing these different perspectives will facilitate communication and problem -solving. Resolving differences in perspective internally before presenting the department's official interpretations to the customer should both expedite the process and enhance the quality of service to the customer. White paper description of process reorganization addresses that issues will be resolved amongst staff prior to interaction with customers. This cohesiveness will ensure consistent messages to the applicants. J. Trust Findings There is a lack of trust between some members of the department resulting in staff members overcompensating for the deficiencies they perceive. This situation becomes evident to customers, creating confusion and uncertainty as to the correct staff direction to follow. Processes are not as efficient as they could be due to the gaps and overlaps caused by ad -hoc modifications made in response to these patterns. Recommendations 1. Establish a culture of greater trust and open communication among the staff members of the department. i. One outward sign of a lack of trust within the department are the examples of one division needing a sign -off from another division before a process can proceed. These situations appear to be based more on self-protection than on actual documented procedural requirements. ii. Organizational development exercises to identify gaps in trust with a plan of action on closing those gaps should have the effect of extending better service to the customers. 2. Establish a culture of greater trust and open communication between the staff and City Council. Earlier recommendations spoke to City Council and staff working together 22 Planning Department Review Mueller Management/Ron Cox Consulting to determine their working relationship for customer complaints, code revisions, and overall economic development philosophy. Resolution of these issues through frank discussion and clear directives also allows for open communication and the building of trust between the groups. 3. Revise the monthly and quarterly report format to emphasize communication of successes, problems, and obstacles in lieu of purely statistical data. The statistical portions of the reports should be augmented to provide more context such as current month versus same month previous year; or year-to-date versus same date previous year. This format provides more meaningful benchmark type information to both the management and City Council and helps measure progress and/or provide information on gaps that need to be closed. K. Code Recommendations Findings The zoning code and development ordinance were reviewed in light of opportunities to reinforce improvements recommended under the themes identified during the departmental review. This review was focused on items that may be an impediment to efficient processing of applications and the ease of use from the customer's perspective. This review was not intended to be the exhaustive review that should be conducted to ensure the codes are consistent with the recently adopted update of the comprehensive plan. Recommendations 1. Zoning Code Recommendations: i. 106-62. Planning & Zoning Commission Membership and Structure The current Commission size and appointment method is atypical. Appointment of members by district may promulgate any district tensions that may exist at the Council level and may be an impediment to a city-wide planning perspective. The Commission should be a more typical seven members with the only condition that they are qualified voters of the City and appointments made by a majority vote of the entire City Council. The Commission should select its own chairperson and other officers. The City Council should consider advertising vacancies on the Board as broadly as possible, requiring an application form, and conducting interviews of applicants before appointment. ii. 106-64 (10) Bylaws and Rules of Procedure This section permits the Commission to establish bylaws and rules of procedure. The staff should prepare drafts of such documents for review and consideration by the Commission. 23 Planning Department Review Mueller Management/Ron Cox Consulting iii. 106-65 Review of Chapter This section requires an annual review by the Commission of the zoning and development ordinances. The staff should establish an annual schedule and lead the effort to present proposed revisions to the Commission. iv. 106-87 Board of Adjustment Rules If not already in place, the staff should prepare rules of procedure for review and consideration by the Board. v. 106-333 Table B, Residential Area Requirements, footnote 12 It is unclear to which "building setback" (front, rear, side) and to which land use type this opaque screening requirement applies. vi. 106-333 Table B, Residential Area Requirements, footnote 14 This footnote requires an additional 25-foot "buffer" between multi -family and single-family developments. It is unclear if this buffer is intended to be landscaping only or if parking, for example, is allowed within the buffer. vii. 106-334 Soecial Use Performance Standards: Residential Generally: There are a variety of special conditions in this section that relate back to other underlying zoning districts. These conditions should be cross- referenced back to the underlying districts, so that the reader can be aware of these requirements. viii. 106-334 Special Use Performance Standards; Residential; Subsection (a) Subsection (a) of this section requires landscape buffers, but it is unclear as to when or where this buffer requirement applies. ix. 106-441 Table A, Commercial Uses This table uses SIC codes to delineate uses. Staff should develop an alternate table using NICS codes for consideration. x. 106-444 Special Use Performance Standards: Commercial: Subsection (a.1 Subsection (a.1) of this section requires planting strips, but it is unclear as to when or where this requirement applies. xi. 106-444 Special Use Performance Standards; Commercial; Subsection (a.3) This subsection requires certain parking lots to be screened; if the requirement is intended to apply to the front of such parking lots, the required six-foot height is excessive. This subsection also requires manufactured housing parks and subdivisions to be screened from abutting uses, but it is unclear if the screening requirement is the responsibility of the commercial owner or the manufactured housing/subdivision owner. Additionally, for large commercial lots that are only partially developed, this screening requirement should only apply if the site is developed in proximity to the abutting use. xii. 106-441 Table A. Industrial Uses This table uses SIC codes to delineate uses. Staff should develop an alternate table using NICS codes for consideration. xiii. 106-637 Procedures for establishing a PUD; Subsection (c) 24 Planning Department Review Mueller Management/Ron Cox Consulting The individual items on the list of 12 submittal requirements should be optional if the specific item is not applicable to the scope or context of the project site. xiv. 106-637 Procedures for establishing a PUD: Subsection (h) The code should be modified to allow certain development authorizations to be issued prior to final approval of the PUD and all related general plans and plats. This will facilitate construction phasing on large or complex projects. Examples of early permits that should be allowed include clearing and grading, detention, and utilities, provided that the corresponding subset of the plans have been approved prior to commencement of construction. xv. 106-659 PUD Special Regulations and Procedures; Subsection (b.3) The requirement that "a sufficient amount of useable open space is provided" is ambiguous and should be quantified. Developers generally prefer a specific regulation so they do not have to guess and negotiate the requirement. xvi. 106-678 PUD Building Height The maximum building height limitation should be removed to provide additional flexibility. Surrounding residential properties are still protected via the setback requirements of Section 106-696(c.2). xvii. Article V: Supplementary District Regulations Generally: There are a variety of special conditions in this Article that relate back to various underlying zoning districts. These conditions should be cross- referenced back to the underlying districts, so that the reader can be aware of these requirements. xviii. 106-801 Tree Preservation Various terms should be defined, such as "native tree", "protected tree", and "replacement tree". Subsection (b) prohibits the destruction of any native tree greater than six-inch diameter; however, Section 106-802 allows removal of a protected tree as part of a building permit if the tree is replaced with replacement trees. There is a conflict in this language as it appears all tree removal is prohibited, but also allowed under certain conditions. xix. 106-835 Design Standards This section including all related figures should be consolidated into the Public Improvements Criteria Manual or a new Private Improvements Criteria Manual, as applicable. These moves will consolidate technical criteria, allow easier updating as warranted by new conditions or technology, and give the staff greater flexibility in granting "common sense" exceptions when needed to expedite a project. 2. Development Ordinance recommendations: General Comments: 25 Planning Department Review Mueller Management/Ron Cox Consulting 1. The Development Ordinance should be codified to eliminate the need for customers and staff to cross-reference multiple ordinance revisions to determine the full code requirements. 2. Submittal copies: References to submittal or distribution of a specific number of copies of various documents (general plans, plats, etc.) should be removed from the ordinance and established by separate policy so that staff can readily update the requirements based on the latest needs. 3. Submittal dates: References to specific submittal deadlines should be removed from the ordinance and established by separate policy so that staff can readily update the requirements based on the latest needs. Additionally, as previously discussed, submittal and re -submittal deadlines and review time goals should be established and published by staff. References to statutory Planning Commission action deadlines should remain in the ordinance. 4. Appendices: Staff should have the authority to update the appendices (technical specifications and procedures) as new conditions warrant. This can be accomplished by adding a section to the ordinance authorizing staff to update the appendices or by removing the appendices from the ordinance and placing them in the criteria manual. Regardless of which method is chosen, any staff changes to the appendices should only be effective after an appropriate notice and waiting period, say 30 days, after posting the proposed change on the website. 5. Update the references to "Director of Community Development", which is an outdated title. Use "City Manager or designee" to make the reference more generic and flexible. 6. Do not put building setback lines on plats inside the city limits; rely on zoning ordinance to establish setbacks to avoid potential conflicts. ii. 4.00 Sketch Plans The submittal of sketch plans is optional so it should be removed from the code. Additionally, the intent of the sketch plan review process will be accomplished more fully if the pre -development meeting recommendations are implemented. iii. 4.01 (D) Official General Plan The code states that an approved general plan expires after one year if a plat has not been filed and upon written notice to the subdivider. This potentially creates a gray area if the city fails to send the written notice. The general plan should simply expire after one year without notice. Further, this section allows the subdivider to request a one-year extension, but does not stipulate if the extension is automatically approved or if the Commission needs to act to approve the request. 26 Planning Department Review Mueller Management/Ron Cox Consulting iv. 4.03 (C) Preliminary Plats: Effect of Approving Authority Action The code states that an approved preliminary plat expires after one year if a final plat has not been filed and upon written notice to the subdivider. This potentially creates a gray area if the city fails to send the written notice. The preliminary plat should simply expire after one year without notice. Further, this section allows the subdivider to request a one-year extension, but does not stipulate if the extension is automatically approved or if the Commission needs to act to approve the request. v. 4.04 (D) Final Plats: Recordation and Construction of Public Improvements The code states that an approved final plat expires after one year if a construction of the public improvements has not commenced and upon written notice to the subdivider. This potentially creates a gray area if the city fails to send the written notice. The final plat approval should simply expire after one year without notice. Further, this section allows the subdivider to request a one-year extension, but does not stipulate if the extension is automatically approved or if the Commission needs to act to approve the request. Additionally, an alternative should be provided to allow the subdivider to submit a performance bond for completion of the public improvements if they wish to record the plat before the public improvements are completed. vi. 5.01 General Street Standards Table 5-2 (Street Geometric Design Standards) should be moved to the Public Improvement Criteria Manual. vii. 5.01 (J) Alleys The City should consider the practice of continuing to allow new alleys to be platted. Based on the prior complications and cost of maintaining alleys, the provision of alleys, at a minimum, should be at the discretion of the City rather than the developer. viii. 5.04 Building Lines The building line requirements in this section should be consolidated into the Zoning Ordinance to avoid conflicts and the need to cross-reference multiple locations to find the same information. Setbacks applicable to the ETJ should be specifically specified. ix. 10.00 Fees and Charges The fee schedule should be pulled from this ordinance and combined with other city fees in a consolidated fee ordinance that can be readily revised on an annual basis or as needed. x. 12.00 Open Space and Park Dedication State laws regarding park dedication requirements have been updated subsequent to 1985 when the Development Ordinance was adopted. This section should be reviewed for conformance with current law. Additionally, the 27 Planning Department Review Mueller Management/Ron Cox Consulting fee in lieu of dedication should be removed from this section and combined with other fees for easier updating as needed. 3. Other Code Recommendations: i. Industrial District water and sewer agreements are calculated based on number of employees — Need an alternate method because the number of employees is often not known at the time the agreements are prepared, particularly in the case of companies starting new operations within the City. ii. Comprehensive Plan sidewalk requirements: Develop a specific list of streets to which the sidewalk requirements apply and corresponding sidewalk criteria; place these requirements in the Development Ordinance. iii. Resolve questions about whether or not fill dirt permits should be required for projects involving fewer than five loads. iv. Establishing minimum finished floor elevations for infill development in the floodplain could be accomplished with a pier and beam requirement rather than by utilizing dirt fill to minimize the perception of run-off impacts on neighboring properties. v. Several focus group members suggested the removal of the requirement for gates on dumpster enclosures as being impractical ineffective. vi. Staff has compiled a list of proposed ordinance updates based on recent experiences. This list should be presented to the Commission for review and recommendation to City Council. lll. Conclusion The consulting team believes implementation of these recommendations will move the City toward its goals of improving the customer service responsiveness, efficiency, and effectiveness. We appreciate this opportunity to be of service to the City and we are available for questions or additional engagements to assist with the implementation phase. 28 Planning Department Review Mueller Management/Ron Cox Consulting Council Agenda Item June 24, 2013 ADMINISTRATIVE REPORTS (a) Receive report from City Manager • July 4, 2013, Thursday, Holiday • La Porte Development Corporation Board Meeting, Monday, July 8, 2013 • City Council Meeting, Monday, July 8, 2013 • City Council Meeting, Monday, July 22, 2013 • La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmember Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and Mayor Rigby. 11. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.071(2) — Consultation with city attorney regarding legal issues related to property exchange with LPISD. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item June 24, 2013 13. ADJOURN ***********************************************************************************