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HomeMy WebLinkAbout08-26-13 Regular Meeting of La Porte City Council LOUIS R. RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro-Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held August26, 2013,beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDER 2.INVOCATION –The invocation will be givenbyFather Reid Morgan,St. John’s EpiscopalChurch. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by Councilmember Chuck Engelken. 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS (a) Proclamation –“Texas Krush Day”–Mayor Rigby (b) Recognition –“Employee of the (Third) Quarter” –Christopher Brooks (Solid Waste) - Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutesper person.) 6.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regularCity Council meeting andBudget Workshop held August 12-13, 2013–P. Fogarty (b) Consider approval or other action regarding a Resolution nominating Equistar Chemicals LP (Equistar), a subsidiary of Lyondell Chemical Company,a triple jumbo Texas Enterprise Project (EP) for the company’s investment and activity related to its plant in La Porte –S. Livingston (c) Consider approval or other action regarding an Ordinance amending Chapter 2 “Administration” of the Code of Ordinances by revising standards related to review of financial records of certain bidders on construction contracts–M. Dolby (d) Consider approval or other action authorizing the City Manager to enter into a contract with Crescent Electric for the installation of a 300kwgenerator at the Bandridge Water Plant – J. Garza 7.AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action regarding an Ordinance amending Chapter 2 “Administration” of the Code of Ordinances by revising rules related to authorization of change orders to city contracts–T. Leach 8.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding appointing members to various City boards, commissions and committees –Mayor Rigby (b) Discussion or other action regarding follow-up items –T. Leach Marketing/Public Relations Specialist position Funding for Bay Area Houston Convention and Visitors Bureau Fairmont Pool renovations (c) Discussion or other action regarding funding the conversion of part-time Golf Course Worker 1 to full-time and additional full-timeGolf Course Worker 1 position –C. Alexander 9.REPORTS (a) Receive report of La Porte Development Corporation Board –Councilmember Engelken 10.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Monday,August 26, 2013 Labor Day Holiday Observed, Monday, September 2, 2013 City Council Meeting, Monday, September 9, 2013 City Council Meeting, Monday, September 23, 2013 11.COUNCIL COMMENTS regardingmatters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–CouncilmembersEngelken,Mosteit,Clausen, Martin,Moser, Kaminski,Zemanek,Leonard and Mayor Rigby. 12.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regarding former Texas Parks and Wildlife building. Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager 13.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. 14.ADJOURN I n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the August 26,2013,agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 20, 2013. Council Agenda Item August 26, 2013 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Father Reid Morgan, St. John’s Episcopal Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Chuck Engelken. 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS (a) Proclamation –“Texas Krush Day” –Mayor Rigby (b) Recognition –“Employee of the (Third) Quarter” –Christopher Brooks (Solid Waste) -Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) ************************************************************************ WHEREAS ,the Texas Krush,representing the City of La Porte, is a 14U Nations Elite select baseball team that went to Arvada, Coloradolast week and won theAAYBAWorld Series. The team went 0-4 in pool play to start the week and was the lowest seed going into the single elimination bracket play, beating the number one seed in the championship game to win the World Series title;and WHEREAS, the Texas Krush is made up of boys from La Porte with one player from the City of Deer Park.Theygrew up playing baseball in the La Porte area their whole lives and the coaches have, or continue to coach in the La Porte city baseball league; and WHEREAS , join me in congratulating relief pitcher Derek Lewelynn, shortstop Lance Koch, pinch runner Tyler Wheeless, third baseman Trey Farley, right fielder Nick Gaspard, first baseman Jadon McConnell, second baseman Tony Alvarez, left fielder Hayden Mundy, pinch hitter Byars Wilson, catcher Ryder Rae, pitcher Adrian Guerra, and center fielder David Mora,bycelebrating their victory along with their manager Sammy Guerra, head coach Ed Alvarez, assistant coaches Danny Mundy and Jason McConnell and team mom Mireya Guerra; and Now,Therefore,I, LouisR. Rigby,Mayor,alongwith members of the La Porte City Council, do hereby proclaimAugust26, 2013as IN WITNESS THEREOF, I havehereto set my hand and caused the Seal of the City to be th affixedhereto, this the26day of August2013. CITYOF LA PORTE ___________________________ Louis R. Rigby, Mayor Christopher Brooks –Employee of the Quarter rd 3Quarter FY 2013 Christopher Brooks started his employment with the City of La Porte on January 3, 2011 as a Solid Waste Worker. Chris has not missed a dayto unscheduled leave. Chris’s responsibilitiesrequirehim to be extremely flexibleand proactive. Chris meetsthese challenges with a positive attitude. Most people don’t think much about their Solid Waste Workers untilyou get stuck behind a truck when you’re in a hurry or your garbage doesn’t get picked up when you thought it would. For most folks, the Solid Waste Workeris out of sight, out of mind. Solid Waste Workersat work every daydeserve the utmost appreciation and respect. Our Solid Waste Worker’s pick up trash from approximately 1,100 homes per route in all types of weather and in all types of conditions, especially the Texas heat.In fact the work of a Solid Waste Workeris so physically grueling that a lot of new hires only make ita couple of hours before requestingto be picked up from their route and gohome. Mr. Brooks has garnered a perfect attendance record during his employment that began over two and a half years ago.Having experienced the hottest summer on record during his time here I am sure you can appreciate the dedication it took to show up every day and work in those conditions. Chris continues to be a great assetto the City of La Porte. Council Agenda Item August 26,2013 6.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting and Budget Workshop held August 12-13, 2013 –P. Fogarty (b) Consider approval or other action regarding a Resolution nominating Equistar Chemicals LP (Equistar), a subsidiary of Lyondell Chemical Company, a triple jumbo Texas Enterprise Project (EP)for the company’s investment and activity relatedtoits plant in La Porte –S. Livingston (c) Consider approval or other action regarding an Ordinance amending Chapter 2 “Administration”of the Code of Ordinances by revising standards related to review of financial records of certain bidders on construction contracts –M. Dolby (d) Consider approval or other action authorizing the City Manager to enter into a contract with Crescent Electric for the installation of a 300kw generator at the Bandridge Water Plant –J. Garza *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER CouncilmemberAt Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember AtLargeB Councilmember District 5 MIKE MOSTEIT Mayor Pro-Tem Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING INCLUDING A BUDGET WORKSHOP ON PROPOSED 2013-2014FISCAL YEAR BUDGET OF THE CITY COUNCILOF THE CITY OF LA PORTE AUGUST 12and 13,2013 The City Council of the City of La Portemet in aregularmeetingon two back-to-back evenings on Monday, August 12,Tuesday, August 13, 2013, andat the City Hall Council Chambers, 604 West 6:00p.m Fairmont Parkway, La Porte, Texas,beginning each evening at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00p.m.each evening. Members of Council presenton Monday, August 12,2013,were:Mayor Rigby, Councilmembers Engelken,Martin, Mosteit, Zemanek, Kaminski, ClausenandLeonard.CouncilmemberMoserwas absent. Members of Council present on Tuesday, August 13,2013,were: Mayor Rigby, Councilmembers Engelken, Martin, Mosteit, Zemanek, Kaminski and Moser. Councilmembers Leonard and Clausen were absent. Also present on Monday, August 12, and Tuesday, August 13, 2013, were City Secretary Patrice FogartyandCity Manager Corby Alexander.Assistant City Attorney ClarkAskinswas present on August12, but not August 13, 2013. 2.INVOCATION -The invocation was given byAssistant City Attorney Clark Askins. 3.PLEDGE OF ALLEGIANCE -The pledge of allegiance was led by Councilmember Daryl Leonard. 4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation –“Texas Krush Day” –Mayor Rigby The “Texas Krush Day” proclamation was postponed until the next meeting. 5.PUBLIC COMMENTS (Limited to five minutesper person.) Phillip Hoot, 927 Seabreeze, addressed Counciland stated commercial development on the bay front is a stupid idea. Pam Summers,President of the Bay Area Houston Convention and Visitors Bureau,addressed Council requesting continued City membership. Jo Ann Pitzer, 10011 Carlow Ln., thanked Councilmember Zemanek and City Manager Alexander for repair to the basketball court in the Fairmont Park West subdivision and requested a contact person she could speak with regarding use of trash cans vs.trash bags. Page 1of 10 August 12-13, 2013 City Council Meeting Minutes Chuck Rosa, 812 S. Virginia,addressed Council regarding anew animal shelter; additional parking at Sylvan Beach;and City Council executive sessions. th Joseph Moon, 205 N. 11Street, addressed Council and advised he feelssingled out in regards to complying with the dust-free ordinance. Mr. Moon commented when he drivesaround the community,he notices others not in compliance. Steve Carroll, 5301 Brookglen Drive, Houston, TX,Republic Services representative,addressed Council with appreciation for working with the City during the past 10 years with commercial solid waste services. rd Nettie Warren, 212 N. 3Street, addressed Council requesting a status on the old Dewalt School. CONSENT AGENDA 6. (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular City Council meeting held on July 23,2012–P. Fogarty (b) Consider approval or other action regarding a Resolution authorizing the resale of certain surplus real propertylocated in Block 330, Town of La Porte–M. Dolby (c) Consider approval or other action authorizing the City Manager to execute an agreement with Shrader Engineering to design a generator installation at La Porte City Hall and the Wastewater Treatment Plant and additional switchgear at the Police Department Facility – D. Mick Regarding Item C, Councilmember Zemanek questioned whether the generator is a natural gas design for the Wastewater Treatment Plant. Public Works Director Dave Mick responded yes. Councilmember Clausen moved to approve the Consent Agenda pursuant to recommendations by MOTION PASSED. City Staff. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Zemanek, Clausen, Engelken, Kaminski andMartin Nays:None Absent:Councilmember Moser 7.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Public Hearing toreceive comments regarding recommendation of the Planning and Zoning Commission to approve Rezone Request #13-92000001, for the rezoningof a 12.2544 acre tract of land located along Canada Road, from General Commercial (GC) to High Density Residential (R-3) –T. Tietjens The public hearing was opened at 6:18 p.m. Planning Director Tim Tietjens presented a summary. There were nopublic comments.The public hearing was closed at 6:23p.m. (b) Consider approval or other action regarding an Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning classification of a 12.2544-acre tract of land located along Canada Road from General Commercial (GC) to High Density Residential (R3) –T. Tietjens Page 2of 10 August 12-13, 2013 City Council Meeting Minutes Councilmember Engelkenmoved to approve Rezone Request # 13-92000001, for the rezoning of a 12.2544-acre tract of land located along Canada Road, from General Commercial (GC) to High MOTION PASSED. Density Residential (R-3). Councilmember Leonardseconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Zemanek, Mosteit, Kaminski,MartinandClausen Nays:None Absent:Councilmember Moser 8.DISCUSSION OR OTHER ACTION (a) Discussion or other action repealing the franchise fee for commercial solid waste collection –Councilmembers Zemanek, Kaminski and Moser Mayor Rigby asked Councilmember Kaminskiif she would present the item for discussion since Councilmembers Zemanek and Moserhave dumpsters at their businesses,and it will provide them financial benefits. Councilmember Zemanek questioned,dueto the new conflict of interest ordinance,would therealso be a conflict when the budget is voted on since the Mayor receives medicalinsurance. Mayor Rigby responded no. Councilmember Zemanek asked why not. Mayor Rigbyresponded the budget isfor the overall City and not directed only at him. Councilmember Zemanek advised thisitem was directed at the 480 accounts in the City andnot at him. Assistant City Attorney Clark Askins advised there is not a distinguishablebenefit to CouncilmembersZemanek andMoser. Mayor Rigby asked Councilmember Zemanek if he would like topresent theitem.Councilmember Zemanek responded yes,and presented the itemto repeal franchise fees forcommercial solid waste collection. Councilmember Clausen asked if the City will repeal franchise fees for CenterPoint, Comcast, etc. Councilmember Leonard commented looking at other franchise taxes in La Porte,there are options butnot with garbage. Councilmember Zemanek moved to repeal franchise feesfor commercial solid waste collection MOTION FAILED services.Councilmember Kaminski seconded. . Ayes:Councilmembers Zemanek, Leonard and Kaminski Nays:Mayor Rigby, Councilmembers Clausen, Martin, Engelken and Mosteit Absent:Councilmember Moser (b) Discussion or other action awarding bid forCommercial Solid Waste Franchise Contract with consideration of franchise fees –D. Mick Public Works Director Dave Mick presented a summary. Councilmember Zemanek questioned where arefranchise fees allocated. Public Works Director Mick responded from the General Fund for street repairs and maintenance of public rights-of-way. Councilmember Zemanek questioned how much has been spent on street repairs during the last eight years of collecting franchise fees. Mr. Mick responded staff would have to conduct some research to provide an answer. Councilmember Zemanek moved for the City to enter into a contract with WCA, Waste Corporation of Texas, L.P., for commercial solid waste collections. Councilmember Leonard seconded. MOTION PASSED. Page 3of 10 August 12-13, 2013 City Council Meeting Minutes Ayes:Mayor Rigby, Councilmembers Zemanek, Leonard Kaminski, Clausen, Martin, Engelken and Mosteit. Nays:None Absent:Councilmember Moser The contract as provided in Council’s packet provides for an 11 percent franchise fee. Council did nottake action to stipulate a different amount for the franchise fee. (c) Discussion or other action concerning the proposed 2013-2014 Fiscal Year Budget of the City of La Porte, Texas–C. Alexander Mayor Rigby and Council proposed 9:00 p.m. as the time to recess each budget meeting unless all that’s required is an extra30minutesor so to conclude the budget meetings. Finance Director Michael Dolby began the presentation by discussing the 2014Budget Summary for Fiscal Year 2014and anin depthbudget discussion followed. Fire Chief Mike Boaze presented the 2013 Fiscal Year proposed budget for the Fire Department. Police Chief Ken Adcox presented the 2013 Fiscal Year proposed budget for the Police Department. City Council recessed for a break at 7:43p.m.and reconvened at 7:53p.m. Assistant City Manager Traci Leach presented the 2014 Fiscal Year proposed budget for Administrationand provided information and duties of a proposed new position fora Marketing Specialist. Mayor Rigby commented he doesnot agree with removing funding for membership in the Bay Area Houston Convention and Visitors Bureau,but does agree with funding the proposed new position for a Marketing Specialist 50/50between the general fund and the 4B budget. Councilmember Clausen agreed he does not want to remove the Bay Area Houston Convention and Visitors Bureau and commented thereappears to beagreat deal of expectation for aMarketing Specialist in anentry level position. Councilmember Martin agreed with the proposed new position and commented staff should consider a public relations position that can develop into marketing. Councilmember Martin also commented the Bay Area Houston Convention and Visitors Bureau give good services to the City. Councilmember Zemanek commented the only time the Bay Area Houston Convention and Visitors Bureau approachesCity Council is during budget time;and he was told by the City Manager of Webster they have not noticed anydetriment by not being a member of the Bay Area Houston Convention and Visitors Bureau. Councilmember Zemanek also commented the City is a blue collar industrial town,and he does not see the benefit of a new position if the City continues to fund membership in the Bay Area Houston Convention and Visitors Bureau. City Manager Corby Alexander requested direction before the conclusion of the budget meetings. Page 4of 10 August 12-13, 2013 City Council Meeting Minutes Councilmembers Clausen, Martin, Mosteit and Mayor Rigby were in favor of hiringa person and continuing to fund membership in the Bay Area Houston CVB. Councilmembers Kaminski, Zemanek and Leonard were in favor of hiring a person and eliminating funding of membership in the Bay Area Houston CVB. No councilmembers were in favor of keeping the Bay Area Houston CVB but not hiring a person. Councilmember Engelken mentioned there is an alternative: to discontinue funding membership inthe Bay Area Houston Convention and Visitors Bureau and not hire a new person.Several councilmembers were in favor of this approach: Councilmembers Engelken, Leonard, Zemanek and Kaminski. Council advised staff direction will be provided when a full Council is present to vote. Assistant City Manager Traci Leach presented the 2014 Fiscal Year proposed budget for Community Investment. Councilmember Leonard asked if there is an update on the Harris County Transit Bus Services as far as new partnerships or expanding services. Assistant City ManagerTraci Leach reported there areno new partnerships; and year to date: 5,483 riders. Councilmember Zemanek questioned the ridership destinations. Ms. Leach reported the configuration for current bus service is Kroger, a shuttle service from the Neighborhood Centers; Strawberry Clinic; Social Security Office;and the Baytown Connector,with a voucher only serving La Porte residents. Councilmember Engelken questioned if staff had funds budgeted for the City rentals of Sylvan Beach Pavilion. Assistant City Manager Traci Leach responded not at this time,but it is open for City Council direction. Assistant City Manager Traci Leach presented the 2014 Fiscal Year proposed budget for the Legal Department. Emergency Management Coordinator Jeff Suggs presented the 2014 Fiscal Year proposed budget for Information Technologyand Emergency Management. Municipal Court Judge Denise Mitrano presented the 2014 Fiscal Year proposed budget for the Municipal Court. Golf Course Manager Alex Osmond presented the 2014 Fiscal Year proposed budget for the Golf Course. Councilmember Martin asked if there will be any increases in green fees or memberships. Mr. Osmond responded not this year. The meeting recessed at 9:55p.m. to reconvene on Tuesday,August 13, 2013,at 6:00 p.m. Tuesday, August 13,2013 Mayor Rigby called the meeting to order at 6:00 p.m. on Tuesday, August 13, 2013. Members of Council present: Councilmembers Engelken, Martin, Kaminski, Mosteit, Zemanekand Moser.Absent: Councilmembers Leonard and Clausen. Also present were City Secretary Patrice FogartyandCity Manager Corby Alexander. Page 5of 10 August 12-13, 2013 City Council Meeting Minutes Assistant City Manager Traci Leachbegan the meeting by presenting the 2014 proposed Fiscal Year Budgetfor the Human Resources Department. City Secretary Patrice Fogarty presented the 2013 Fiscal Year budgets for the City Secretary Office and City Council. Finance Director Michael Dolby presented the 2014 proposed Fiscal Year Budget for the Finance Department. Chief Adcox spoke regarding the Meet and Confer. Parks and Recreation Director Stephen Barr presented the 2014 proposed Fiscal Year Budget for the Parks and Recreation Department. Mayor Rigby requested a breakdown of cable services provided to the City. Planning Director Tim Tietjens presented the 2014proposed Fiscal Year Budget for the Planning Department. Public Works Director Dave Mick presented the 2014 proposed Fiscal Year Budget for the Public Works Department.Assistant Public Works Director Don Pennell provided informationregardingmosquito spraying and the locationsof mosquito traps in the City. Councilmember Moser asked if there is adequate water distribution for fire hydrants for the entire City. Fire Chief Mike Boaze responded the city is good all over as far as fire protection,and he is satisfied with the system. City Council recessed for a break at 8:00p.m. and reconvened at 8:13p.m. Public Works Director Dave Mick continued by presenting the budgets for the Vehicle Maintenance and Replacement Divisions. Mayor Rigby asked if the description forthe summary of vehicle replacements indicatesthat aparticular vehicle will be replaced,or does it mean the type of vehicle that will be replaced. Mr. Mick responded the replacement will be an equivalent vehicle. Economic Development Coordinator Scott Livingston presented the 2014 proposed Fiscal Year Budget for the La Porte Development Corporation Board. City Manager Corby Alexanderpresented the 2014 proposed Fiscal Year Budget for Capital Improvement Projectsand reviewed theitems listed under“Need”and “Want” categories. Mayor Rigby questioned if the $106.00 Ending Fund Balance for September 2014 would be the total after the listed projects were complete. City Manager Corby Alexander responded in order tofund the projects,more money would have to be pulled over from the General Fund. Councilmember Zemanek questioned if the Golf Course/Little Cedar Irrigation System could be funded by the La Porte Development Corporation Boardlike the bulkheads were at the Golf Course.City Manager Corby Alexander responded the option has not been researched,but staff will if given direction by Council.Finance Director Michael Dolby and City Manager Alexander advised staff will get a determination on funding the Golf Course/Little Cedar Irrigation System from the La Porte Development Corporation Board. Page 6of 10 August 12-13, 2013 City Council Meeting Minutes Chief of Police Ken Adcoxprovided information regarding additional funding and options for the new animal shelter. Mayor Rigby asked Councilmember Moserifhe feels the Northside Sprayparkcan be placed on hold for an additional year. Councilmember Moser responded the Northside Spraypark is in the Northside Comprehensive Plan,and the citizens are eagerto have it in the community. Mayor Rigby asked Councilmember Zemanek if he would consider placing the Fairmont Pool Renovation and Spraypark on hold for an additional year. Councilmember Zemanek responded he will be fine placing the Fairmont Spraypark on hold if it is in the next budget for consideration. Mayor Rigby requested City Manager Corby Alexander to contact Councilmember Clausen to see if he is fine placing the Fairmont Pool Spraypark on hold for an additional year but with repairs to the basketball court and the pool. MayorRigby asked Councilmember Moser if he would consider placing the Northside Spraypark on hold for an additional year since there are eight years left for the Northside Comprehensive Plan. Councilmember Moser responded he can wait an additional year. MayorRigby commented he is not against the citizens in Districts 4 and 6 having the Sprayparks; butby placing the projects on hold an additional year, itwill benefit the entire City. Councilmember Moser questioned if there was any funding available in the Hotel/Motel accountto fund the Historic School House Renovation. City Manager Alexander responded staff can propose a budget amendment once a good figure is available in the Hotel/Motel account. Councilmember Martin suggested maybetherearehistorical grants available for the Historic School House Renovation. Councilmember Zemanek asked how much is available in the Hotel/Motel account. Finance Director Michael Dolby responded $800,000. City Manager Corby Alexander discussed options for the new animal shelter. Councilmember Zemanek commented that considering the condition of the existing facility, something needs to be done;and the City should move forward with construction. Mayor Rigby asked Councilif there were anyobjections to constructing an animal shelter for up to an additional $500,000. There were no objections. City Manager Alexander presented the proposed 2014 Fiscal Year Budget for the Utility Capital Improvement and Drainage Improvement Funds. Public Works Director Dave Mick presentedthe proposed 2014 Fiscal Year Budget for the Street Maintenance Fund. Councilmember Martin questioned how the City accommodates wheel chair bound citizens when replacing streets they may reside on. Public Works Director Dave Mick responded for large projects, a public meeting is held, notificationletters are mailed and plywood planks are provided to accommodate wheelchair access. Page 7of 10 August 12-13, 2013 City Council Meeting Minutes Councilmember Moser questioned if West “F” and West “G” Streets were still on the Asphalt Overlay list. Public Works Director Dave Mick responded yes the streets are on the list but may be deferred until after the development on the east. City Manager Corby Alexander presented the 2010 Certificates of Obligation Bond Fund (50) Summary. Senior Engineer Julian Garza providedan update on drainage improvements. Councilmember Moser questioned why there was no overtime budgeted for Inspection Services in the Planning Department’sproposed Budget. Senior Engineer Julian Garza responded the past practice has beenthatif an employee works overtime,they are allowed to report to work later to compensate the hours worked as overtimeand are fine with the practice.Mayor Rigby asked if the employees are non-exempt employees. Mr. Garza responded yes.Mayor Rigby commented that is in violation of the Fair Labor Standards Act,and an employee has to be compensated time and a half.City Manager Alexander responded he is assuming the employees are receiving time and a half off from work. Mayor Rigby asked is there is any mention of agreements in the City Personnel Policy referencing compensation time from the Fair Labor Standards Act. Mr. Alexander responded he has not seen such a reference in the policy. Mayor Rigby strongly recommended $1,000 for overtime beplaced in the budget for the Inspection Services Division. Councilmember Martinquestioned when will Council vote on the Bay Area Houston Convention and Visitors Bureau and the Marketing Specialist position. Mayor Rigby responded at the next meeting with a full City Council present. 9. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES –Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser,Kaminski, Zemanek and Mayor Rigby. Councilmembers Engelken and Mosteit thanked staff and City Council for the budget process; Councilmember Martin commented staff did a great job on the budget and requested the names of the managers be placed in the Personnel Position Roster; Councilmembers Moser and Kaminski thanked staff for their hard work on the budgetand Councilmember Zemanek also thanked staff for their work on budget in addition to expressing thoughts and prayers to Councilmember Clausen’s family and wishing Councilmember Leonard well for having to be absent tonight, Mayor Rigby thanked staff for their hard work on the budget process, sent appreciation to Finance for including the “estimated” and “actual” columns in the budget and also expressed thoughts and prayers to Councilmember Clausen and his family. 10.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 LPISD participation in TIRZ No. 1. Texas Government Code, Section 551.072 –Deliberation regarding Real Property:Discussion regarding City Airport property. Page 8of 10 August 12-13, 2013 City Council Meeting Minutes City Council recessed the regular meeting Monday, August 12, 2013, to convene an executive session at 8:51 p.m. to consult with the City Attorney regarding legal issues related to LPISD participation in TIRZ No. 1 and to discuss City Airport property. City Council reconvened into open session Monday, August 12, 2013, at 9:12p.m. to vote on a procedural question as to which councilmembers may participate in the executive session regarding TIRZ No. 1. Councilmember Mosteit moved to allow all councilmembers to participate in the executive session MOTION PASSED. regarding participation in TIRZ No. 1. Councilmember Martin seconded. Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Clausen and Mosteit Nays:Councilmember Kaminski and Zemanek Absent:Councilmember Moser City Council recessed the openmeeting at 9:13 p.m., Monday, August 12, 2013, to reconvene into executive sessionto consult with the City Attorney regarding legal issues related to LPISD participation in TIRZ No. 1 and to discuss City Airport property. 11. RECONVENE into regular session and consider action, if any, on items discussed in executive session. The regular meeting was reconvened Monday, August 12, 2013 at 9:53 p.m. Councilmember Zemanek moved to direct the City Attorney to contact LPISD’sattorney to discuss the issues relating to the TIRZ agreement;and if that does not work,send a demand letter to them. MOTION PASSED. Councilmember Martin seconded. Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Clausen, Kaminski, Zemanek, Leonard and Mosteit Nays:None Absent:Councilmember Moser Councilmember Clausen moved to direct the City Attorney to determine the cost of anappraisal, contact the Federal Aviation Administration andalso to determine the cost of a study. MOTION PASSED Councilmember Leonard seconded. . Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Clausen, Kaminski, Zemanek, Leonardand Mosteit Nays:None Absent:Councilmember Moser Page 9of 10 August 12-13, 2013 City Council Meeting Minutes 12. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting on MOTION PASSED Tuesday, August 13, 2013, at 9:35p.m. Councilmember Zemanekseconded. UNANIMOUSLY. Respectfully submitted, ____________________________________ Patrice Fogarty, City Secretary Passed and approved on August 26, 2013. ____________________________________ Mayor Louis R. Rigby Page 10of 10 August 12-13, 2013 City Council Meeting Minutes REQUEST FOR THE CITY COUNCILAGENDA ITEM Budget Agenda Date Requested:26 August2013 Source of Funds: Requested By:Scott D. Livingston Account Number: Department: Administration/Economic Development Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibits:Draft Resolution Budgeted Item:YESNO Exhibits: Exhibits SUMMARY & RECOMMENDATION Equistar Chemicals, LP (Equistar), a subsidiary of Lyondell Chemical Company, is requesting that the City Council nominate the company as a triple jumbo Texas Enterprise Project (EP) for the company’s investment and activity related to its plant in La Porte. Equistar plans to expand its La Porte plant located at 1515 Miller Cut-Off by de-bottlenecking the ethane cracker. Three new cracking furnaces will be added to supply the de-bottlenecked facility with increased volumes of cracked gas. The project objective is to produce 850 million lbs/year of incremental ethylene from ethane. The Texas Enterprise Zone (EZ) program is a state incentive program that offers a state sales/use tax refund to companies that retain and/or create jobs and make capital investment at a qualified business site(no City taxes are forfeited by the City). Applicants must be nominated by the local jurisdiction, make application to the Governor’s Office for EZ Project (EP) designation and make annual refund applications to the Texas Comptroller. Council has previouslyestablished an EZ ordinance (#2010-3248), as well as nominated companies such as INEOS as an EP. Having established the EZ ordinance, Council is now allowed to nominate subsequent EPs simply by passing a resolution (see attached). If nominated by the City and approved by the state as a triple jumbo EP, and in exchange for making capital investment of at least $250 million and retaining and/or creating jobs, Equistar is state eligible forsales/use tax refunds of $7,500 per retained job. Equistar will make application to the Texas Comptroller each year to receive this annual refundfor five (5) years. Companies approved as EPs must also annually certify to the Texas Comptroller thenumber of jobs it has retained and/or created. The company has estimated it will spend up to $350 million for the project, retain approximately 374 current jobs, and add approximately 32 new jobs. The project rd is anticipated to start in the 3quarter of 2013 and should be completed by the third or fourth quarter of 2014. The capital investment will result in a significant increase in olefin production capacity at the plant and will help ensure long-term success for the company by helping it take advantage of the increased demand for various ethane derivatives in the marketplace such as ethylene and olefins. The City will benefit from the significant increase in property tax revenue resulting from increased property improvements, as well as increased sales tax revenue from local purchases during and after construction. The City will also benefit by helping to ensure 400+, high-paying, full-time positions will be maintained at the plant throughout the EZ program period (5-8 years). Staff recommends approving the attached resolution to nominate Equistar Chemicals, LPas a Texas Enterprise Project. Action Required by Council: Consider approval or other action of a Resolution nominating Equistar Chemicals LP (Equistar), a subsidiary of Lyondell Chemical Company, as a triple jumbo Texas Enterprise Project (EP) for the company’s investment and activity related to its plant in La Porte. Approved for City Council Agenda Corby D. Alexander,City ManagerDate RN.______________ ESOLUTION O WHEREAS, the City of La Porte, Texas(City) has previously passed Ordinance No. 2010-3248 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same on this date as were outlined in Ordinance No. 2010-3248; WHEREAS, theOffice of the Governor Economic Development and Tourism (EDC) through the Economic Development Bank (Bank) will consider Equistar Chemicals, LPas an enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Equistar Chemicals, LPhas applied to the City for designation as an enterprise project; WHEREAS, the City finds that Equistar Chemicals, LPmeets the criteria for designation as a triple jumbo enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1.Equistar Chemicals, LPis a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site not located in an enterprise zone and at least thirty-five percent (35.0%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; and 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 3. The designation of Equistar Chemicals, LPas an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. WHEREAS, the City finds that Equistar Chemicals, LPmeets the criteria for tax relief and other incentives adopted by the Cityand nominates Equistar Chemicals, LPfor enterprise project status on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is inthe best interest of the City to nominate Equistar Chemicals, LPas a triple jumbo enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: That the findings of the City and its actions approvingthis resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that Equistar Chemicals, LPis a "qualified business", as defined in Section2303.402 of the Act, and meets the criteria for designation as an enterpriseproject, as set forth in Section 2303, Subchapter F of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate on September 3, 2018. PASSED BY THE CITY COUNCIL of the City of La Porte, Texasthis ___ day of ________, 2013. (SEAL) Louis R. Rigby Mayor THE STATE OF TEXAS COUNTY OF HARRIS I, ,of the City of La Porte, Texas do hereby certify that theabove and foregoing is a true and correct copy of Resolution Number _____________passed by the City of La PorteCity Council on the this ___ day of ___________, 2013. (City Seal) Patrice Fogarty City Clerk THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared of the City of La Porte, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed thesame for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this ___ day of ____________, 2013 Notary Public, State of Texas My commission expires: (Notary Seal) REQUEST FOR CITY COUNCILAGENDA ITEM Amount Budgeted Agenda Date Requested: August 26, 2013 Source of Funds:N/A Requested By Michael Dolby, CPA Director of Finance Account Number: Department: FINANCE Amount Budgeted: :xx Report: Resolution:Ordinance Amount Requested: Exhibits: Strike-through Ordinance Budgeted Item:YESNO Exhibits: Clean Ordinance Section 2-106-Qualification requirement of bidders requires the low bidder to submit a qualification statement which includes audited financial statements for contracts in excess of (1) one million dollars. Staff reviewed this requirement during the budget workshops and determined requiring audited statements on jobs of a lesser magnitude (above one million but less than 2 million) places an undue burden upon onpotential bidders and may limit our selection of successful bidders.Therefore, staff recommends relaxing the audit requirement for contracts that are above (1) million but less than (2) million with reviewed financial statements that are performed by an independent certified public accountant. Contracts which are above (2) million will continue requiring audited financial statements. Action Required by Council: Consider approval or other action of an Ordinance amending Chapter 2 of the Code of Ordinances to modify the audit requirement for contracts over $1 million and less than $2 million to allow financial statements to be performed by an independent certified public accountant. Approved for City Council Agenda Corby D. Alexander, City ManagerDate Mydocuments\contractorqualification ORDINANCE NO. 2013- AN ORDINANCE AMENDING CHAPTER 2“ADMINISTRATION” OF THE CODE OF ORDINANCESBY REVISING STANDARDS RELATED TO REVIEW OF FINANCIAL RECORDS OF CERTAIN BIDDERS ON PUBLIC WORKS CONTRACTS;CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 :That Chapter 2, “Administration,” Article III, “Finance,” Division 2.“Purchases and Contracts”, Subdivision II“Public Works Contracts”, Section 2-106of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: “Sec.2-106.-Qualificationrequirementofbidders;filingofcontractor'squalification statement. (a)Thecitycouncilhasdetermined,anddoesherebyfind,determine,anddeclare thatitisinthebestinterestofthecitythatinthecaseofallconstructionprojects havinganowner'sestimatedconstructioncostofgreaterthan$1,000,000.00,all biddersmustsubmitwiththeirbidpackage,asatisfactorycontractor's qualificationstatement,onformstobeprovidedbythecity.Submissionofa contractor'squalificationstatementisaconditionprecedenttoexecutionofa contractbythecitywiththesuccessfulbidder. (b)Forprojectswithanowner'sestimatedconstructioncostoflessthan $1,000,000.00,contractorsmayberequiredtofileacontractor'squalification statement,ifsuchisdeterminedbythecitymanagertoberequired.Inmaking suchdetermination,thecitymanagershallreviewthecity'spastexperiencewith projectsofsimilarnature;therecommendationoftheprojectarchitect/engineer whichconsidersthecomplexityoftheproject;andtheuniquenessornoveltyof theanticipatedprojectwhichmayrequireahighdegreeofcontractor specialization,technicalexpertiseand/orpreviousexperienceonsimilarprojects. (c)After the bid opening for contracts up to $2,000,000.00the city shall request auditedfinancial statements from the apparent low bidder that have been reviewed by an independent certified public accountant.For contracts over $2,000,000.00 the apparentlow bidder must submit audited financial statements performed by an independent certified public accountant.The information contained in such contractor’s qualification statement and thereviewed oraudited financial statement is deemed confidential;shall not be disclosed by the city to the public or to other contractors; and shall be deemed exempt for disclosure by the city to the public or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, V.T.C.A., Government Code §552.001 et seq., in accordance with the state attorney general’s opinion number ORD-309, 1982. The city council finds that disclosure of the financial information is likely to have either of the following effects: (1)To impair the city’s ability to obtain necessary information in the future; or (2)To cause substantial harm to the competitive position of the person from whom the information was obtained.” Section 2 :That Chapter 2, “Administration,” Article III, “Finance,” Division 2. “Purchases and Contracts”, Subdivision II “Public Works Contracts”, Section 2-107 of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: “Sec.2-107.-Requirementsforcontractorsenteringbidsonprojectssubjecttosubmittal ofqualificationstatementundersection2-106. (a)Subcontractingofworkinexcessof50percent;consentrequired.Contractors enteringbidsoncityconstructionprojectssubjecttosection2-106ofthisCode shallnotsubcontractmorethan50percentoftheworkontheprojectwithoutfirst obtainingtheexpresswrittenconsentofthecity. (b)Attendanceofpre-bidconferencerequired.Allcontractors(orrepresentativesof thecontractors)desiringtobidoncityconstructionprojectssubjecttosection2- 106ofthisCodemustattendaprebidconference.Otherwise,suchcontractors' bidswillbereturnedbythecityunopened. (c)Determination of bidding capacity. The city is interested in determining a contractor’s bidding capacity for the purpose of awarding contracts subject to section 2-106of this Code. Bidding capacity for each contractor shall be equal to net working capital. Net working capital is defined as current assets less current liabilities, as shown on a balance sheet reviewed oraudited by an independent certified public accountant. The city will determine the minimum bidding capacity for each project. Onlythose contactors possessing a bidding capacity meeting or exceedingthat minimumwill be considered qualified for that project. (d)Standardsforcontractordisqualification.Thecitycounciladoptsthe followingstandardsfordisqualificationofcontractors: (1)Automaticdisqualification.Automaticdisqualificationshalltake placeunderthefollowingcircumstances: a.Thecompanyhasanegativenetworkingcapitalordoes notmeetminimumbiddingcapacity. b.Thereisafailuretocompletestatementsinalldetail. c.Thecompanyorpersonnelareonthefederaljobdebarment list. d.ThecompanyorpersonnelareontheJusticeDepartment listofunacceptablecontractors;i.e.convictedonantitrust violations. e.Thereisafailuretocompleteastatementinatruthful manner. 2 (2)Otherconsiderationsforpossibledisqualification.Disqualification mayalsotakeplaceaccordingtothefollowingconsiderations: a.Companieswithpendinglitigationmaybedisqualifiedfor thedurationoflitigationasdeemedtotheadvantageofthe citybythecity'sprojectmanager. b.Thereisadefaultonthecontract,orforfeitureofbidbonds orperformancebonds. c.Thereisaperformancerecordofpoorworkmanshipon previousprojects. d.Thereisaperformancerecordoffailuretocomplete warrantywork. e.Therehasbeenabankruptcyorfinancialreorganization. f.Companiessubmittingconsolidatedfinancialstatements willbedisqualifiedunlesstheirparentcompanyagreesto bethecontractingpartywiththecity.” Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov’t Code; and that this meetinghas 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 andthe contents and posting thereof. 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 forcejust 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 . This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the______ day of _________________, 2013. 3 CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:August26,2013 :TDRA11________ Source of Funds Julian Garza Requested By: Account Number:032-9892-530-1100 Department: Planning Amount Budgeted: $236,984.86_____ Report: _X__Resolution: __Ordinance: ___ Amount Requested: _$236,984.86___ Budgeted Item: XYES NO Exhibit:Letter of Recommendation SUMMARYand RECOMMENDATION The Bandridge Water Plant serves the Brookglen and Spenwick area of La Porte (essentially all areas west of Underwood Road). Currently, there is no backup power at this plant. The plant itself did not fail during Hurricane Ike but there was no power available to operate it. The project consists of installation of a 300 KW natural gas generator at the Bandridge Water Plant. Advertised, sealed bid number 13022–Bandridge Water Plant Generator Projectwasopened and read on July30, 2013. The City received bids from three(3) vendors. The low bid was submitted by Crescent Electricin the amount of $234,952.00.This project is federally funded by the Hurricane Ike Disaster Recovery Program. Staff recommends award of contract in the amount of $234,952.00to the low bidder, Crescent Electric. Staff also recommends authorizing a contingency equal to $2,032.86for a total authorized amount requested of $236,984.86. _____________________________________________________________________________________________ Action Required by Council: Consider approval or other action to authorize the City Manager to enter into contract with Crescent Electric inthe amount of $234,952.00and further authorizing a contingency of $2,032.86for a total amount of $236,984.86for the installation of a 300 KW generator at the Bandridge Water Plant. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:August 26, 2013 Source of Funds: Requested By:Traci E. Leach Account Number: Department: Administration Amount Budgeted: Report: Resolution:Ordinance:X Amount Requested: Exhibits:Ordinance Budgeted Item: Exhibits: Excerpt from Special Election results SUMMARY & RECOMMENDATION During the May 2013 Special Election, La Porte voters reviewed and voted on 30 propositions to amend the City’s Charter. All provisions were approved by voters, including a provision that streamlined the process for authorizing change orders. Under the previous language, any change order over $5,000 required approval by the Council. The new Charter language states, “ Procedures for making change orders or alterations in contracts shall be governed by the provisions established in V.T.C.A. Texas Local Government Code for municipal purchasing.” The attachedordinance is presented for Council consideration to formalize the authority of the City Manager to approvechange orders up to the legal limit prescribed by state law, which is currently $50,000. The ordinance also calls for the City Manager to provide timely reports to the Council of all change orders approved. Staff recommends approval of the ordinance amending Chapter 2 of the Code of Ordinances governing the rules related to authorization of change orders to City contracts. Action Required by Council: Consider approval or other action of an ordinance that amends Chapter 2 of the Code of Ordinances and authorizes the City Manager to approve change orders up to the legal limit prescribed by state law. Approved for City Council Agenda Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested August 26,2013 Source of Funds:N/A Requested By:Patrice Fogarty Account Number:N/A Department:City Secretary Amount Budgeted:N/A ReportXResolution:Ordinance: Amount Requested: N/A Exhibit: Budgeted Item:YESNO SUMMARY & RECOMMENDATION The La Porte City Council is authorized to make appointments to boards, commissions and committees. Staff has determined the following individuals have agreed to volunteer for another term should Council wish to appoint them. Airport Advisory Board Regarding the–Consider new appointments or reappointing Deborah Rihn-Harvey to Position 1; Nick Hooke to Position 2; and Dave Mick to Position 5; with three-year terms expiring August31, 2016, or until successors have been appointed and qualified. Bay Area Houston CVB Regarding the –The City is allotted three City representatives, one of which shall to be in the hospitality industry. Consider appointing Scott Livingston, Economic Development Coordinator, as City Representative 1, to the Board of Directors for a three-yearterm,or until a successor has been appointed and qualified.Consider reappointing Joe Bertuglia, hospitality industry professional, to the Board of Directors for a three-year term. Consider appointing _________________to serve as City Representative 2, to the Board of Directors, for a three-year term. Bay Area Houston Economic Partnership (BAHEP)– Regarding the Considerappointing Scott Livingston as liaison on behalf of the City of La Porte for no specified term, until a successor has been appointed and qualified.Scott Livingston takes Stacey Osborne’s place. Councilmember Mosteit is also an appointee. La Porte Reinvestment Zone Number One (TIRZ 1) Regarding the –Consider new appointments or reappointing Peggy Antone (current Secretary) to Position 1; Alton Porter to Position 3; and Doug Martin (current Vice Chair) to Position 5; with two-year terms expiring August31, 2015,or until successors have been appointed and qualified. Building Codes Appeals Board Regarding the –Consider new appointments or reappointing Tom Campbell (current Chairman) to Position 1 and Terry Bunch (current Vice Chair) to Position 2; with three-year terms expiring August31, 2016,or until successors have been appointed and qualified. Chapter 172 Employee Retiree Insurance and Benefits Committee Regarding the –Consider new appointment or reappointing Martha Gillett to Citizen Position 1; and Juliane GrahamtoCitizen Position 2; with two-year terms expiring August 31, 2015, or until a successor has been appointed and qualified. Civil Service Commission Regarding the –Consider ratifyingthe City Manager’s appointment of Debra Gallingtonforathree-year term expiring August 31, 2016. Drainage and Flooding Committee Regarding the –Councilmember Leonard was appointed to move up from alternate to member status.The alternate positionis still vacant.This committee is made up entirely of councilmembers.There are no specified terms.Council may wish to appoint someone to the alternate position. Fiscal Affairs Committee Regarding the –There is a vacancy in Alternate Position 2when Councilman Martin was appointed to Alternate Position 1.This Committee consistsentirelyof councilmembers. There are no specified terms.Council may wish to appoint someone to Alternate Position2. La Porte Area Water Authority Regarding the –Consider new appointments or reappointing Randy Woodard,Dennis Steger, and Doug Martinto two-year terms expiring August 31, 2015, or until successors have been appointed and qualified. LaPorte Development Corporation Board Regarding the –Consider new appointments or reappointing Chuck Engelken, Nancy Ojeda, Richard Warren, and Randy Woodard to two-year terms expiring August31, 2015, or until successors have been appointed and qualified. La Porte Fire Control Prevention & Emergency Medical Services District Board Regarding the – Consider new appointments or reappointing Dottie Kaminski, Robert Eldridge, Rick Guzman, and _______________ (vacancy due to resignation of Charles Sanders) to two-year terms expiring August31, 2015, or until successors have been appointed and qualified. La Porte Redevelopment Authority Regarding the –Consider new appointments or reappointing Peggy Antone (current Secretary) to Position 1; Alton Porter to Position 3; and Doug Martin (current Vice Chair) to Position 5; and Lindsay Pfeiffer (current Chairman) to Position 9, to two-year terms expiring August31, 2015,or until successors have been appointed and qualified. Planning andZoning Commission Regarding the –Consider new appointments or reappointing Mark Follis to District 4 appointment; Lou Ann Martin to District 5 appointment; and Danny EarptoAt-Large A appointment, to three-year terms expiring August 31, 2016, or until successors havebeen appointed and qualified. Southeast Texas Housing Finance Corporation Board of Directors Regarding the –Consider new appointment or reappointing Betty Moore as a director to a one-year term expiring on August 31, 2014, or until a successor has been appointed and qualified. Zoning Board of Adjustment Regarding the –Consider new appointments or reappointing Chester Pool to Position 1; T.J. Walker to Position 2; Rod Rothermel to Position 3; Charles Schoppe to Position 4; and __________________ (vacancy due to resignation of George Maltsburger)to Position 5, to two-year terms expiring August 31, 2015, or until successors have been appointed and qualified.George Maltsburger was the chairman of the ZBOA. ZBOA members elect the chair. The current alternates, should you wish to appoint one of them, are: Alt. 1 Lawrence McNeal and Alt. 2 Sherman Moore. Their terms expire 08/31/2014. Action Required by Council: Consider makingappointmentsto boards,committeesand commissions. Approved for City Council Agenda Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:August 26, 2013 Source of Funds: Requested By:Corby Alexander Account Number: Department: Administration Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibits:Justification Memo for Marketing Position Budgeted Item: Exhibit: Pool Attendance (through August 14, 2013) SUMMARY & RECOMMENDATION As part of the August 12, 2013 Budget Workshop, staff presented a request for Council consideration of a new position in the Administration Department, Marketing and Tourism Specialist, and included the Fairmont Pool Renovation as part of the Capital Improvement Program.This agenda item is following up with the Council on both items. MARKETING/PR POSITION: At the time, there was some concern expressed regarding the proposed salary for such a position, the salary in relation to the duties proposed,and the duties related to tourism.The original position justification report that was submitted during the department budget review process is included for It your reference. includes more detailed information about the proposed duties of the position. To address theseconcerns, the following information is offered for your consideration. The duties related to the website are not intended to be a webmaster level expertise. The proposed position would be liaison between the City and the web development firm, Civica, to get issues resolved.Assisting departments with managing the content on the web and ensuring that the website is current and fully functional are importantto making a good first impression. Many "visitors"to La Porte will see the website before they ever physically step foot within the City limits. The proposed salary was based on a survey of surrounding cities with positions similar to what staff has proposed. The proposed salary range for the position is approximately$48,000 to$70,000.The amount proposed was designed to be more of a placeholder because it is unknown what the final salary might be within the range. Staff believes that the duties are consistent with what is being asked of similar positions within the region and is confident that a qualified, ready to run candidate can be identified to more than adequately fulfill the duties assigned. The following chart shows the results of the salary survey. CityPosition TitlePosition Salary Range Deer ParkMarketing/Technical Coordinator (Parks)$40,580-$55,702 WebsterMarketing Tourism Coordinator$50,831-$73,617 & League CityCommunications Specialist$35,363-$55,044 SeabrookMarketing Manager$48,349-$73,569 SugarlandPublications Manager$50,710-$78,083 BaytownPublic Affairs/Marketing Coordinator$52,000-$78,000 It was asserted that there has not been any drop off in service levels as itrelates to the City's communication efforts.On one hand, this is certainly acompliment and testament to the talented staff members throughout the various Citydepartments that have pitched in temporarily to patch holes. However,the currentpatchwork is not a desirable long- term solution.Without thus position,the City willnot be able to take advantage of new technologies,software,and apps or provide thetype of communications and promotion that staff believes the citizens and otherstakeholders expect. Technologyhas truly transformed citizen and user expectationsin termsof responsiveness and accessibilityof information. Real-time and on-demand communication are critical components tocultivating o engagement from the younger and middle-age demographic,whichis traditionally very hard to reach. Social media provides much of that real-time content that people want. The City currently has approximately 2,347likes on Facebook and 294 followers on Twitter. Growing social media should be a priority. Additionally, the outreach to key stakeholders within and that can impact LaPorte o should also be a priority. These stakeholder groups include thedevelopment community (brokers,developers,site selectors);tourism industry(specifically the SMERFs-Social,Military, Educational, Religious,Fraternalorganizations);and Main Street/downtown La Portejust to name a few.Unique and innovative advertisingand marketing materials thatdrive interestand provide a positive and consistent message about La Porte are key components to an overall PR/marketing plan for these stakeholders.This outreach should be varied in mediatype to reach the widest possibleaudience. Currently, the City does not have a marketing/PR plan that outlineswhat the goals, strategies, or methods for City communication.Without this,all communicationisdone in an ad hoc fashion without tying any piecestogether. The City should be in a position to pro-actively seek out new opportunities to o enhance the level of service that is provided to residents via communications. Exploring new technologies is currently not an area of focus based on workload ofcurrent staff. As technology evolves and new applications and methods of reaching stakeholders becomes available, the City should take advantage of these opportunities and at least look at options that might work for this community. Finally,the "Tourism" component to the proposed position title will be removed and replaced with "PR" for a new title ofMarketing/PR Specialist. One component to the original presentation that is not included here is the proposal to split the funding for the proposed position between the General Fund and the Hotel Motel Fund.Basedon feedback at the Budget Workshop, staff has removed this funding option from consideration. However, given that this proposal was originally tied to the Hotel Motel Fund, staff is still seeking direction from the Council regarding future funding for the Bay Area CVB. In summary, staff believes this position is essential to taking the City's communication and PR efforts to the next level. Should the position not be funded, certainly,staff will continue to provide as good a service as possible to the community with the resources available. FAIRMONT CENTRAL POOL RENOVATIONS: The CIP in the proposed budget included a project called Fairmont Pool Renovations/Spraypark. During Council discussion, it was determined that the spraypark component would be deferred to the FY 2015 budget, pending concurrence from Councilman Clausen since it is located in District 6. Deferring the spraypark element until FY 2015 would save the City $500,000 in the proposed budget. Subsequent to this meeting, staff completed another evaluation of the site to review the state of the decking and identified several other components that are sure to contribute to the pool’s very low utilization and attendance when compared to the City’s fleet of pool facilities(See Exhibit). While there were some cosmetic improvements made on the exterior of the pool house two years ago, the interior where patrons enter and change clothes is in poor condition. Additionally, the plasteris original with the pooland the pumps/filters are at or beyond the expected life of the equipment. The area for the pumps and filters is an eye-sore and should be addressed as well. From an operations standpoint, Council must decide whether this pool is a facility that should be rehabilitated. If the spraypark is constructed the following fiscal year, there may be no need for the pool. The community will have a much-upgraded aquatics facility that will modernize the City’s aquatic fleet and substantially reduce the annual operating cost for the Fairmont Central keep the pool and move forward with the spraypark the facility. If the decision is to following year , then staff recommends including additional funds for the rehabilitation of the pool facility. The additional cost to replace the pool house, filter, pumps, and plaster is $250,000 and includes a 15% contingency. With these improvements, the Fairmont Pool should be a more desirable place for families to take their children and swim. pool is not necessary with the spraypark construction on If the Council determines that the the horizon in 2015 , the funds originally earmarked for the pool renovations in the FY 2014 proposed budget ($55,000)could be used as the first installment to save for the construction of the spraypark and removal of the pool. Staff is requesting Council direction regarding the Fairmont Central Pool: Whether to keep the pool and move forward with the spraypark the following year; and If the answer is yes, then staff recommends including $250,000 in additional o funds to replace the pool house, filter, pumps, and plaster. If the answer is no, thenstaff requests direction on pre-funding for the installation o of the spraypark at Fairmont Central Park in FY 2015. Action Required by Council: Provide direction on: 1.Funding the proposed Marketing/PR Specialist position; 2.Funding the Bay Area CVBin FY 2014; and 3.Whether to keep the pool and move forward with the spraypark the following year; and a.If the answer is yes, then staff recommends including $250,000 in additional funds to replace the pool house, filter, pumps, and plaster. b.If the answer is no, then staff requests direction on pre-funding for the installation of the spraypark at Fairmont Central Park in FY 2015. Approved for City Council Agenda Corby D. Alexander,City ManagerDate Pool Revenues/Attendance, 2012 & Partial 2013 (through August 12 2012201220132013 NorthwestAttendanceRevenueAttendance *Revenue* May June 3,712$ 3,615.00 3,981 $ 3,955.00 July 2,554$ 2,475.00 2,937 $ 2,732.00 August 1,938$ 1,797.00 971$ 948.00 Sept TOTAL 8,204 $ 7,887.00 7,889$ 7,635.00 2012201220132013 San JacintoAttendanceRevenueAttendance *Revenue* May June 3,595$ 3,241.00 3,060 $ 3,003.00 July 2,774$ 2,405.00 2,904 $ 2,883.00 August 1,921$ 3,039.00 1,022 $ 1,003.00 Sept TOTAL 8,290 $ 8,685.00 6,986$ 6,889.00 2012201220132013 FairmontAttendanceRevenueAttendance *Revenue* May June 819$ 790.00 508$ 506.00 July 404$ 474.00 474$ 469.00 August 395$ 384.00 129$ 129.00 Sept TOTAL 1,618 $ 1,648.00 1,111$ 1,104.00 2012201220132013 Wave PoolAttendanceRevenueAttendance *Revenue May1371$ 5,794.001544$ 6,593.00 June10398$ 38,064.009596$ 36,976.00 July5721$ 21,666.008229$ 33,540.00 August4857$ 18,845.002687$ 10,793.00 Sept710$ 2,651.00 TOTAL23057$ 87,020.0022056$ 87,902.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:August 26,2013 Source of Funds: N/A Requested By:Corby Alexander Account Number: N/A Department:Administration Amount Budgeted:N/A Report: Resolution:Ordinance: Amount Requested:N/A Budgeted Item:__YESNO SUMMARY & RECOMMENDATION The maintenance staff at Bay Forest (division 6049) has shrunk in numbers since 2004. In 2003-04 there were10 full-time positions and 2 part-time positions budgeted. In fiscal year 2004-05,the maintenance staff was reduced by one full-time position, which left9 full-time and 1 seasonalemployee. Then, in fiscal year 2006-07,the staff was further reduced by another full-time employee, leaving 8 full-time and one part time.This is the level at which the golf course has been operating ever since. Due toless people on staff for maintenance, priorities with turf programs, irrigation repairs, overtime, and drainage projectshave been altered to fit workloads for employees.Projects that would have been pro- active projects are now pushed to the back burner to address more pressing needs. Also, it is verydifficult to cover the bases when employees go on vacation or are out sick.The course has been very fortunate to have dedicated employees that take an extreme amount of pride in the appearance of the course and have sacrificed time above and beyond normal work hours to make sure that everything that needed to be was completed. In most instances, this was completed by the Dennis Hlavaty, Golf Course Superintendent, who is an exempt employee. There havebeen several years when Dennis could not use his vacation by the end of the year.While this is certainly commendable and appreciated, this work should not be taken advantage of either. By expanding golf course maintenance staff back to 10 full-time employees,it would enable the Golf Course Superintendent more time to manage the maintenancedivision,instead of working many extra hours on a tractor or fixing irrigation leaks. Staff recommendsconvertingthe part time position currently included in the proposed budget to a full-time position (Golf Course Worker 1) and also add a new full time Golf Course Worker 1. The total requested for the additional one and a half positions is $68,516, including benefits. Action Required by Council: Consider approval or other action to include funding for the conversion of the part-time Golf Course Worker 1 to full-time and adding a new full-time Golf Course Worker 1 position. Approved for City Council Agenda Corby D. Alexander, City ManagerDate Council Agenda Item August 26, 2013 9. (a)Receive report ofLa Porte Development Corporation Board –Councilmember Engelken *********************************************************************************** Council Agenda Item August 26,2013 10.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Monday, August 26, 2013 Labor Day Holiday Observed, Monday, September 2, 2013 City Council Meeting, Monday, September 9, 2013 City Council Meeting, Monday, September 23, 2013 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies–Councilmembers Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard and Mayor Rigby. 12.EXECUTIVE SESSION The City Council reserves the rightto meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 – Deliberation regarding purchase, exchange, lease or value of real property:Discussion regarding former Texas Parks and Wildlife building. Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item August 26, 2013 14.ADJOURN ***********************************************************************************