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Home My WebLink About09-23-13 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 September 23, 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 givenbyMar Michael, Congregation Benim Avraham. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by CouncilmemberMike Clausen. 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS 5.PUBLIC COMMENTS (Limited to five minutesper person.) 6.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regularCity Council meeting held September 9, 2013–P. Fogarty (b) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the alley in Block 76, Bay Front to La Porte Harris County, Texas; retaining a Public Utility Easement and authorizing the execution and delivery of a deed to the adjoining owner –T.Tietjens (c) Consider approval or other action regarding a Resolution of the City of La Porte approving General Fund commitments of Fund Balance for Fiscal Year 2012-2013–M. Dolby (d) Consider approval or other action awarding Bid#13024for annual black base hot mix asphalt –D. Mick (e) Consider approval or other action awarding Bid #13028for mobile diesel powered generator –D. Mick (f) Consider approval or other action regarding a Resolution authorizing the City Manager to sign a grant award and other documents for Speed and Intersection traffic control STEP grant –K. Adcox (g) Consider approval or other action regarding aResolution accepting the donation of the former Dewalt schoolhouse from La Porte Independent School District to the City of La Porte –C. Alexander 7.AUTHORIZATIONS (a) Consider approval or other action to affirm the La Porte Development Corporation approval of incentive grant request in anamount not to exceed $66,000 to Rob JohnsonInterests –S. Livingston 8.REPORTS (a) Receive report of La Porte Development Corporation Board–CouncilmemberEngelken 9.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Monday, September 23, 2013 City Council Meeting, Monday, September 23, 2013 Zoning Board of Adjustment Meeting, Thursday, September 26, 2013 Annual Health & Safety Fair, Saturday, September 28, 2013 National Night Out, Tuesday, October 1, 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–Councilmembers,Clausen, Martin,Moser, Kaminski, Zemanek, Leonard,Engelken,Mosteitand 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 551.072 –Deliberation regarding purchase, exchange, lease or value of real property: Meet with City Manager and City Attorney to discuss possible sale or lease of city owned real property.(Old Kline Retreat) 12.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. 13.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 September 23,2013,agenda of items to be considered by the City Council was posted on the City Hall bulletin board on September 17, 2013. Council Agenda Item September 23, 2013 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Mar Michael, Congregation Benim Avraham. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember Mike Clausen. 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS 5.PUBLIC COMMENTS (Limited to five minutes per person.) ************************************************************************ Council Agenda Item September 23,2013 6.CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held September 9, 2013 –P. Fogarty (b) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing the alley in Block 76, Bay Front to La Porte Harris County, Texas; retaining a Public Utility Easement and authorizing the execution and delivery of a deed to the adjoining owner –T. Tietjens (c) Consider approval or other action regarding a Resolution of the City of La Porte approving General Fund commitments of Fund Balance for Fiscal Year 2012- 2013–M. Dolby (d) Consider approval or other action awarding Bid #13024 for annual black base hot mix asphalt –D. Mick (e) Consider approval or other action awarding Bid #13028 for mobile diesel poweredgenerator –D. Mick (f) Consider approval or other action regarding a Resolution authorizing the City Manager to sign a grant award and other documents for Speed and Intersection traffic control STEP grant –K. Adcox (g) Consider approval or other action regarding a Resolution accepting the donation of the former Dewalt schoolhouse from La Porte Independent School District to the City of La Porte –C. Alexander *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At LargeB Mayor Pro Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE SEPTEMBER 9,2013 Monday,September 9,2013, The City Council of the City of La Portemet in aregularmeetingonat the 6:00p.m City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present: CouncilmembersEngelken, Leonard, Zemanek, Kaminski, Clausen, MoserandMartin.Also present were City Secretary Patrice Fogarty,City Manager Corby Alexander,andAssistant City Attorney ClarkAskins.Councilmember Mosteit was absent. 2.INVOCATION -The invocation was given byDon Hill, La Porte Inter Church Council. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led byMayor Rigby. 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS (a) Proclamation –“Airport Appreciation Month”–Mayor Rigby Mayor Rigby presented a proclamationto Gideon Jonesproclaiming“Airport Appreciation Month.” 5PUBLIC COMMENTS .(Limited to five minutesper person.) Chuck Rosa,812 S. Virginia.,addressedCouncilregarding the school lunch program at La Porte Independent School Districtand expressed his appreciation. Doug Briggs, 900 Parkway St. # 302,addressed Council regarding synergy and the good works of the Bay Area Houston Convention and Visitors Bureau. Gideon Jones, 10403 Quiet Hill,addressed Council regarding the La Porte Airplane and Auto Show to be held October 5, 2013,and requested support for the airport, troops and their families. 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 heldAugust 26, 2013 –P. Fogarty (b) Consider approval or other action to support appointing a director to the Harris Galveston Subsidence District –Mayor Rigby (c) Consider approval or other action regarding a Resolution nominating a candidate for the Harris County Appraisal District Board of Directors –Mayor Rigby 15 Page of September 9, 2013, Council Meeting Minutes CouncilmemberEngelkenmoved to approve the Consent Agendapursuant to staff recommendations, with support for Ed Heathcott’s nomination to the HCAD Board and support for James Edwards to the Harris Galveston Subsidence District Board.Councilmember Leonard MOTION PASSED. seconded. Ayes: Mayor Rigby, Councilmembers Clausen,Engelken,Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit 7.PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding the City of La Porte’s Fiscal Year 2013-2014 Proposed Budget –M. Dolby The public hearing opened at 6:13p.m. Finance Director Michael Dolby presented a summaryof the FY 2013-2014 proposed budget. Phillip Hoot, 927 Seabreeze, addressed Council regarding taxes, stating that while the amount for $100 valuation may not have been increased, he continues to pay more in taxes. The public hearing closed at 6:41 p.m. (b) Consider approval or other action regarding an Ordinance approving and adopting the City of La Porte’s Fiscal Year 2013-2014 Proposed Budget –M. Dolby Ordinance 2013-3493 CouncilmemberEngelkenmoved to approve adopting the City of La Porte’s MOTION PASSED. Fiscal Year 2013-2014 Proposed Budget.Councilmember Clausenseconded. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit Ordinance2013-3493 Assistant City Attorney Clark Askins read thecaption of : AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARTION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval other action regarding a Resolution adopting the 2013 Appraisal Roll of the Harris County Appraisal District –M. Dolby Finance Director Michael Dolby presented a summary. Resolution 2013-17 Councilmember Leonardmoved to approve acceptingthe 2013 Appraisal Roll MOTION PASSED. of the Harris County Appraisal District. Councilmember Engelkenseconded. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit 25 Page of September 9, 2013, Council Meeting Minutes (b) Consider approval or other action regarding an Ordinance establishing the tax rate for Fiscal Year 2013-14 at $0.71 per hundred dollar valuation –M. Dolby Finance Director Michael Dolby presented a summary. Ordinance 2013-3494 Councilmember Leonardmoved to adopt levying a tax rate for Fiscal Year 2013-14 at$.614 cents per hundred dollar valuation for the general fund and .096 cents per hundred dollar valuation for debt service, for a total tax rate of $0.71 cents per hundred dollar MOTION PASSED. valuation. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit Ordinance2013-3494 Assistant City Attorney Clark Askins read the caption of AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARING HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERBILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (c) Consider approval or other action regarding an Ordinance amending Chapter 46 “Municipal Court” of the Code of Ordinances to authorize compensation for jury services –D. Mitrano Municipal Court Judge Denise Mitranopresented a summary. Ordinance 2013-3495 CouncilmemberEngelkenmoved to adopt amending Chapter 46“Municipal Court”of the Code of Ordinances to authorize compensation for jury services.Councilmember MOTION PASSED. Moserseconded. Ayes: Mayor Rigby, CouncilmembersClausen, Martin, Engelken, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit Ordinance2013-3495 Assistant City Attorney Clark Askins read the caption of : AN ORDINANCE AMENDING CHAPTER 46,“MUNICIPAL COURT” OF THE CODE OF ORDINANCESOF THE CITY OF LA PORTE, BY PROVIDING FOR THE PAYMENT OF FEES FOR JURY SERVICE IN THE LA PORTE MUNICIPAL COURT OF RECORD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERBILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 9.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding appointing members to various City boards, commissions and the La Porte Fire Control Prevention & Emergency Medical Services District Board and the Zoning Board of Adjustment –P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Mosermoved toappoint Nettie Warren as Alternate 2 onthe Zoning Board of MOTION PASSED. Adjustment.Councilmember Kaminskiseconded. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit 35 Page of September 9, 2013, Council Meeting Minutes Councilmember Martin movedto appoint John Kling to the La Porte Fire ControlPrevention & Emergency Medical Services District Board.There was no second. Councilmember Kaminski moved to appoint Ronald Nowetner to the La Porte Fire Control Prevention & Emergency Medical Services District Board. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit (b) Discussion or other action regarding awarding bid for Adoption Center and Animal Shelter – K. Adcox Police Chief Ken Adcoxpresented a summary. Councilmember Zemanek moved to award Bid #13013 Adoption Center and Animal Shelter to MOTION PASSED. Frost Construction. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmember Mosteit (c) Discussion or other action regarding thereview process of non-conforming development via zoning permits –T. Tietjens This item was removed from the agendaat the request of City Manager Corby Alexander in order for it to be brought before the Planning and Zoning Commission. 10.REPORTS (a) Receive report of the Fiscal Affairs Committee–Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committeemeeting which was held just prior to this council meeting. The next Fiscal Affairs Committee meeting willbe October 28, 2013. (b) Receive report from Perdue Brandon of Delinquent Tax accounts –C. Alexander Jason Bailey with Perdue Brandon provided the new report and explained the categories. Councilmember Zemanek questioned how it is decided if a real property account goes into foreclosure.Mr. Bailey responded when the City and school taxes are combined and over $1,000 in base amount regardless of the number of years delinquent. Councilmember Zemanek commented there are accounts that have been in arrearsfor 27years that have not been foreclosed but one particular account that was 18months delinquent has been foreclosed. Councilmember Clausen questioned the meaning of “audit entry.”Mr. Bailey responded it is an entry that comes through the tape systemif there is a change. Councilmember Leonard commented the City needsto be aware of the properties that can be sold or owned. Mr. Bailey advised he will provide information on real propertythat can be moved on. 45 Page of September 9, 2013, Council Meeting Minutes 11.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Tax Reinvestment Zone Number One La Porte Redevelopment Authority/ Meeting, Wednesday, September 18, 2013 La Porte Development Corporation Board Meeting, Monday, September 23, 2013 City Council Meeting, Monday, September 23, 2013 Annual Health & Safety Fair, Saturday, September 28, 2013 City Manager Corby Alexander reported two new homes are under contract to be sold in the Northside Community. He also introduced Human Resource Manager Allison Curry. 12.COUNCILCOMMENTS 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–CouncilmembersMosteit, Clausen, Martin, Moser, Kaminski, Zemanek,Leonard,Engelken and Mayor Rigby. CouncilmembersClausenadvised there is a resolution on the LPISD’s board meeting agenda to donate the Old Dewalt Schoolhouse to the City of La Porte; Councilmember Martin congratulated Gideon Jones for receiving the “Airport Appreciation Month” proclamation and informed the citizens appreciate the notification for street sweeping and mosquito spraying; Councilmember Moser commented he appreciates the Food Distributions and would like to see them continued; Councilmember Kaminski thanked Public Works Director Dave Mick and the employees for sweeping the streets and spraying mosquitoes; Councilmember Zemanek gave support to the Houston Texans; Councilmember Leonard congratulated Gideon Jones for receiving the “Airport Appreciation Month” proclamation; Councilmember Engelken wished everyone a safe trip home; and Mayor Rigby commented he attended the Hotelier Reception held last week and a meeting with the Severe Weather Foundation at Rice University. 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. There was no Executive Session. 14.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. There was no Executive Session. 15.ADJOURN There being no further business, Councilmember Engelkenmoved to adjourn the meeting at MOTION PASSED. 7:35p.m.Councilmember Leonard seconded. _______________________________ Patrice Fogarty, City Secretary Passed and approved on September 23, 2013. ________________________________ Mayor Louis R. Rigby 55 Page of September 9, 2013, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: September23, 2013 _______N/A__________ Source of Funds: _Tim Tietjens______ Requested By: Account Number:_______N/A_________ Department: __Planning____________ Amount Budgeted: ______N/A_________ Report: _ __Resolution: ____Ordinance: _X_ Amount Requested: _____N/A ________ Budgeted Item: YES XNO Exhibits: 1.Ordinance 2.Easement 3.Deed 4.Area Map SUMMARY & RECOMMENDATION The City has receivedand processed an application from Mr. Doug McKie to vacate,abandon and close a portion of the alley in Block 76, BayFront inLa Porte. The applicantdesires to acquire this portion of the alley to facilitate contiguous access between his properties at225 S. Blackwell and Lots 31-34of the block, located behind his home(see Exhibit 4 –Area Map). Staff’sreviewofthe closing request has determined that an existing 8” sanitary sewer islocated within the alley for which a public utility easement has been executed by the property owner. Additionally, the owner has granted to Centerpoint Energy an easement for its existing facilities in the alley. In accordance with Section 62.35 of the Code of Ordinances,an independent appraisal of the subject alleyhas been conductedto determine its fair market value.The appraisal has established a value of$2.50per square footfor the 800 square foot areato be closed. Total closing fees for the subject portion of the alley(with 25% discountby ordinance) are $1,500, for which payment has been received and placed in escrow pending final consideration and action by Council. Staff recommends vacating, abandoning and closing thesubject portion of the alley in Block 76, Bay Front to La Porte as requested by Mr.Doug McKie. ______________________________________________________________________________ Action Required of Council: Consider approval or other action ofanordinance vacating, abandoning, andclosingan 800 sq. ft. portion of the alley in Block 76, BayFront to La Porte, between Lots9 & 10 and Lots 31 & 32; approve a Public Utility Easement, and authorize the execution and delivery of a deed to the adjoining landowner. Approved for City Council Agenda __________________________________________________________ Corby D. Alexander, City ManagerDate EXHIBIT "A" TO ORDINANCE 101 111 113 112 117 PROPOSED ALLEY CLOSING & PUBLIC UTILITY EASEMENT IN 121 BLOCK 76, BAY FRONT TO LA PORTE (16' x 50' = 800 SQ. FT.) 126 201 MORGAN'S 0 POINT 202 206 225 208 209 222 231 237 221 236 235 301 Le 3 g 0 e 5 nd 302 DOUG McKIE PROPERTY 311 316 238 LA PORTE CITY LIMITS 304 313 PREPARED BY CLP GIS DIVISION EXHIBIT "B" TO DEED 1 inch = 100 feet 101 111 113 112 117 LOCATION OF TRACT 121 & 16' PUBLIC UTILITY ESMT (16' x 50' = 800 SQ. FT.) 126 MORGAN'S POINT 201 0 202 206 225 208 209 222 231 237 221 236 235 301 Le 3 g 0 e 5 nd 302 DOUG McKIE PROPERTY 311 316 238 LA PORTE CITY LIMITS 304 313 PREPARED BY CLP GIS DIVISION AREA MAP 1 inch = 100 feet 101 111 113 PROPOSED CLOSING OF ALLEY IN BLOCK 76, 112 117 BAYFRONT ADDITION (16' x 50' = 800 SQ. FT.) 121 126 201 MORGAN'S POINT 202 0 206 225 208 209 222 231 237 221 236 235 301 Legend 305 302 DOUG McKIE PROPERTY 311 316 LA PORTE CITY LIMITS 238 304 313 PREPARED BY CLP GIS DIVISION REQUEST FOR CITY COUNCILAGENDA ITEM Budget Agenda Date Requested:23 September2013 Source of Funds: Requested By:Michael G. Dolby Account Number: Department: Finance Amount Budgeted: Report: Resolution:XOrdinance: Amount Requested: Exhibit:Resolution Budgeted Item:YESNO SUMMARY & RECOMMENDATION GASB 54 has a requirement that must be completed prior to the end of the fiscal year to commit fund balance of the General Fund. The General Fund fund balance can only be committed for a specific purpose by formal action of the City council. Committed fundbalance does not lapse at year-end. . The formal action required to commit fund balance shall be by resolution. The Fiscal Affairs Committee received a staff briefing on this resolution at the September 9, 2013 meeting and had no concerns. A recommendation has been made to commit $2,000,000 for future utility capital projectsand $1,500,000 for the Health Fund. Action Required by the La Porte City Council: Consider approval or other action of a Resolution reserving $1,500,000 for the Health Fund and $2,000,000 for future utility capital improvement projects. Approved for the La Porte City CouncilAgenda Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation AgendaDate Requested: September 23, 2013 Street Tax Source of Funds: General Fund Requested By:David Mick 03370715311100 Account Number:00170715314015 Department:Public Works $ 70,000 Amount Budgeted: $ 250,000 Report: Resolution:Ordinance: Amount Requested: $117,295.00 Exhibits: Bid Tabulation Budgeted Item:YES Exhibits: Bidder’s List Exhibits: SUMMARY & RECOMMENDATION Advertised, Sealed Bid #13024–Annual Asphalt-Black Base and Type Dwas opened and read onJuly 16, 2013.The bid was advertised in the Houston Chronicle and posted on the City of La Porte website. Bid requests were sent to eleven(11)vendors, withtwo(2) returningbids.Low bidmeeting specifications isCentury Asphalt, Ltd. ItemQuantity Total Item Cost Item #1 Black Base Hot Asphalt Mix1000tons at $52.45 per ton$52,450.00 Item #2 Type D Hot Asphalt Mix 1100 tons at $58.95 per ton$64,845.00 Total$117,295.00 The materials will be used by in-house forces for the routine maintenance of asphalt streets and base preparation for the Annual Asphalt Overlay Program. This year’sprice is an 8.1%increase in Black Base and a 17.3%increase in Type D asphalt over last year. The original proposal included a request for 2500 ton of Item #1 Black Base Hot Asphalt Mix and 3000 ton of Item #2 Type D Hot Asphalt Mix for the entire FY 2014 with a total price of$307,975.00 as shown on the attached bid tab. Considering the sharp increase in price, particularly for the Type D Asphalt Mix, staff is proposing to purchase only enough material to for work proposed in the first four months of FY 2014 and rebidtoward the end of the year in an effort to obtain more favorable pricing. A total of $320,000 is budgeted in FY 2014 for street construction materials for in-house work. The $117,295.00 request is currently within the street materials budget. The budget will be reevaluated with the follow up asphalt materials bid anticipated to be presented to City Council in January 2014. Staff recommends awarding the bid to low bidder Century Asphalt. Action Required by Council: Consider approval or other action to award Bid #13024to Century Asphalt Ltd. for the purchase of up to 1000 tons of Black Base Hot Asphalt Mix and up to 1100 tons of Type D Hot Asphalt Mixfor a total maximum cost of$117,295.00. Approved for City Council Agenda Corby D. Alexander, CityManagerDate Bidder’s List for Asphalt –Annual Sealed Bid #13024 Smart Materials IncCentury Asphalt Materials (HUB Vendor) 1404 Wallisville Rd. Liberty Tx. 77571PO Box 57 Baytown, TX 77522-0057 Valero Marketing & Supply Martin Asphalt (HUB Vendor) 9704 Clinton Dr. Houston, TX 770293 River Way Place #40 Houston, TX 77056 Wright Asphalt Southern Crushed Asphalt 11931 Wick Chester Lane Houston, TX 7704314329 Chrisman Rd Houston, TX 77039 Cleveland Asphalt Company American Materials PO Box 1449 Sheppard, TX 77371Durwood Greene Construction PO Box 1338 Stafford, TX 77497 Prime Vendor, Inc. 4622 Cedar Ave. Suite #124 Wilmington, NC 28403 Attn: Bid Clerk Bid Ocean, Inc PO Box 40445 Grand Junction, CO 81504 iSqFt Planroom 4500 Lake Foreset Dr Suite 218 Blue Ash,OH 45242 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:September 23, 2013 Source of Funds 015 Requested By:David Mick Account Number: 015-9892-656-1100 Department: Public Works $60,000 for this item Amount Budgeted: $2,400,000 total Report: Resolution:Ordinance: Amount Requested:$58,439 Exhibits: Bid Tabulation Budgeted Item:Yes Exhibits: Vendor List SUMMARY & RECOMMENDATION City Council authorized a total of $2.4 million for emergency power equipment. The $2.4 million budget included a generator to be earmarked for the employee shelterwith a budget estimate of $60,000.The City’s emergency management plans include an employee shelterat Baker Sixth Grade Campus,when necessary.While the generator is earmarked for the employee shelter, it will be housed at the Public Works yard and can also be utilized at a number of other locations as priorities dictate. This generator has 240/480 volt three phase capability along with 120/240 volt single phase capability and can be utilized at many City of La Porte facilities during an extended power outage. Advertised, Sealed Bid#13028–Mobile, Diesel Powered Generator was opened and read on August 22, 2013.Bid requests were mailed out to thirty five (35) vendors with eleven (11) returning bids for one (1)225KVAmobile diesel poweredgenerator.Low bidand meeting specificationsis $58,439.00from Quality Electric Supply Inc.Original budget estimate by staff for this item was sixty thousand dollars ($60,000.00). Other Considerations: Staff applied for a Homeland Security Grant to fund a generator for the employee shelter in 2010. The generator was not eligible for grant funding because the shelter would not be open to the general public. The La Porte Office of Emergency Managementidentified Baker Sixth Grade Campusas a potential location for the employee shelter because of its elevation and Cat 4 hurricane design. The La Porte ISD funded the electrical retrofit work necessary to accept the generator if needed. LPISD has no plans to purchase a generator for this location. As mentioned previously, the generator will behoused at the public works yard and can be redirected to other higher priority locations as needed during a long-term power outage. Action Requested of CityCouncil: Consider approval or other action to award sealed bid #13028–Mobile,Diesel Powered Generator toQuality Electric Supply Incfor the amount of $58,439.00. Approved for City Council Agenda Corby D. Alexander,City ManagerDate Bidders List Bid #13028 MobileDiesel Powered Generator Mustang Cat Fax: 281-354-8895 4750 Homestead Rdbthompson@kentechpower.com Houston, TX 77028 Power Plus Attn: Tom Moseley Ph: 713-452-77661210 Red Gum tmoseley@mustangcat.comAnaheim, CA 92806 Attn: Randy Kerst National Pump & Compressor Ph: 951-956-0747 th 1718 W 13StFax: 951-839-9436 Deer Park, TX 77536rkerst@powerplus.com Attn: Thomas Lynn Generator Service Ph: 281-479-1700 Fax: 281-479-17084208 West Timber Cut Court tlynn@npcrents.comPearland, TX 77584 Attn: Karl Trahan Volvo Construction Equipment Ph: 713-591-9822 Services generatorservice45@yahoo.com 2210 McAllister Rd Godwin Pumps ofAmerica, Inc Houston, TX 77092 Attn: Jobe Jones84 Floodgate Rd Ph: 832-242-4858Bridgeport, NJ 08014 Fax: 713-681-7448Attn: David Higgs jobykjones@yahoo.comPh: 856-467-3636 Fax: 856-467-4428 Sunbelt Rentals sales@godwinpumps.com 5513 Spencer Hwy Millenium Products Pasadena, TX 77505 Attn: Karen Tamez6346 heron Pkwy Ph: 281-487-7171Clarkston, MI 48346 Fax: 281-487-7751Attn: Mike Jablonski pcm557@sunbeltrentals.comPh: 800-927-7200 Fax: 303-942-3708 Power Complete mjmilleniumproducts@comcast.net 636 Broadway Suite 1000 Neff Rental New York, NY 10012 st Attn: Ben Boyd128 21St S Ph: 800-541-0616Texas City, TX 77590 Fax: 917-591-2831Attn: Boatright ben@powercomplete.comPh: 409-948-4498 Fax: 409-942-4320 Kentech Power jboatright@neffcorp.com 21855 E Hammond Dr Total Energy Solutions Porter, TX 77365 Attn: Bobby Thompson15811 Tuckerton Rd Ph: 281-358-0980Houston, TX 77095 Attn: Tom McCroskeyFax: 800) 321-2424 Ph: 713-410-7864harperdamon@ymail.com Fax: 713-681-5212 tomm@totalenergysolutions.net Kentech Loftin Equipment Company 21855 E. Hammond Drive 6113 Brittmoore RdPorter, TX 77365 Houston, TX 77041Attn: John Silvi Attn: Scott ParshallPh: 281-358-0980 Ph: 281-310-6858Fax: 281-354-8895 Fax: 281-310-6865jsilvi@kentechpower.com scottp@loftinequip.com Fleet Maintenance of Texas The Generator Store 4800 E 7TH ST th 501 North 5StAustin, TX 78702 Monroe, LA 71201Attn: Brian Williams Attn: David GriffinPh: 512-836-8000 Ph: 318-855-8377Fax: 512-385-8427 Fax: 318-855-8381brian@fmtaustin.com dgriffin@joegeargenerator.com Cobra Power Systems, Inc Alpine Power Systems 8 American Way 1357 N. GlenvilleSpotswood, NJ 08884 Richardson, TX 75801Attn: Adam Lowe Attn: David GriffinPh: 908-486-1800 Ph: 972-918-0230Fax: 908-486-1826 kroberts@alpinepowersystems.comadam@cobra-power.com Bowers Power System Waukesha Pearce Industries 22221 70th Ave SP. O. Box 35068 Kent, WA 98032Houston, TX 77235 Attn: Andrew CusterAttn: Nathan Parker Ph: 253-872-7800Ph: 713-551-0434 Fax: 253-872-4127Fax: 713-551-0799 andrewc@bowerspower.comparker@wpi.com Federal Contracts CorpLightning Power 12918 N Nebraska1429 Blue Rd. Tampa, FL 33612Coral Galbes, FL 33146 Attn: Pete PiersonAttn: Peter Mendive Ph: 813-631-0000Ph: 786-554-5440 Fax: 813-631-0008Fax: 305-663-5440 pete@federalcontractscorp.comlpei1@yahoo.com Monhar Construction, Inc. EvergreenServices 9821 Business Park Drive Sacramento, CA 9582721 Sioux Drive Attn: Damon HarperCommack, NY 11725 Ph: 800) 321-2424Attn: William Phelan Ph: 631-974-3010 Fax: 631-864-1185 wrp07@msn.com Bid Ocean, Inc CBA Computer PO Box 40445 Grand Junction, CO 81504585 6th St S Attn: LovelyMinneapolis, MN 55415 Off:866-347-9657Attn: Charlie Wilson Off:6128884222 lovely@bidocean.biz mybids10001@yahoo.com Cantwell Power Solutions Federal Contracts Corp 9440 S Frwy Fort Worth, TX 7614012918 N Nebraska Attn: LovelyTampa, FL 33612 Off:817-731-2841Attn: Pete Pierosn Off:813-631-0000 chris.p@cantwellequip.com pete@federalcontractscorp.com Leete Generators Prime Vendor, Inc. 3360 McMaudePlace Santa Rosa, CA 954074622 Cedar Ave. Suite #124 Attn: Rick RamsayWilmington, NC 28403 Off:707.545.0484A: Bid Clerk r.ramsay@leetegenerators.comOff:800-746-9554 Fax:800-746-8307 Worldwide Power Products bids20@prime-vendor.com 5901 Thomas Road Houston, TX 77041 Dup's Inc. Attn: Mark Lum P.O. Box 271329 Off:713-434-2300 Houston, TX 77277 fbrady@wpowerproducts.com Attn: Patty Miller Off:713-225-5387 Utility Truck Equipment Company patty@dupsinc.com LLC 821 Enterprise Blvd. Cummins Southern Plains Hewitt, TX 76643 7045 N Loop 610 East Attn: Kardell Schmidt Houston, TX 77028 Off:254-857-8813 Attn: Jason Biondo sandysmitty@hillsboro.net Off:713-679-7754 jason.m.biondo@cummins.com Quality Electric Supply Inc 6703 Peters Rest Croix, VI 00820 Attn:Karl Bauknight Off:340-773-4630 x 306 karlbauknight@yahoo.com REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:09-23-13 Source of Funds: Requested By:Ken Adcox Account Number: Department:Police Amount Budgeted: Report: Resolution:XOrdinance: Amount Requested: Exhibits:Speed and Intersection Traffic Control STEPResolution Budgeted Item:YESNO Exhibits: Texas Traffic Safety Program Grant Agreement Exhibits SUMMARY & RECOMMENDATION The La Porte Police Department has made its annual application for the TXDOT “S.T.E.P.” grant concerningovertime reimbursement for Speed and Intersection Control. This application will be the sixthyear for which the department has applied for the grant. Thisgrantis for fiscal year 2014. The grant will reimburse the City up to $49,188.70, with matching contributions from the City of $49,729.76. Although the grant only pays base salary, the Police Department will continue to meet the match throughauthorized administrative costs, employee benefits, vehicle mileage, fuel, and City funded Speed and Intersection Controlovertime, which has been accounted for and approved within the Police Department’s 2014 overtime budget. Action Required by Council: Consider approval or other action of aResolution authorizing theCity Manager to sign agrant awardand other documents for Speedand intersection traffic control STEP grant. Approved for City Council Agenda Corby D. Alexander, City ManagerDate RESOLUTION * * * * WHEREAS ,injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS , the cost of such injuries brings economic hardship to families; and WHEREAS , the community’s health care system and emergency response resources are significantly impacted by injuries of traffic crashes; and WHEREAS , research shows that speedis a causative factor in many traffic crashes; and WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many traffic crashes; and WHEREAS , the National Highway Traffic Safety Administration statistics have shown that reducing speed limitand traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in economic savings to society; WHEREAS/ ,the SpeedIntersection Traffic Control STEP includes public education and intensified law enforcement to get the community to comply with speed limitsand traffic control devices, signsand signals; NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all documents for the Speed/ITCSTEP Grant for October 1, 2013 through September 30, 2014;joining public and private sector leaders across Texas supporting the campaign;urgingall residents and visitors of La Porte to abide by traffic laws, to protect life and the quality of life in this community. Signed by: ___________________________ Authorized Official ATTEST:APPROVED: City SecretaryMayor, City of La Porte REQUEST FOR CITY COUNCILAGENDA ITEM Budget Agenda Date Requested:23 September2013 Source of Funds: Requested By:Corby Alexander Account Number: Department: Administration Amount Budgeted: Report: Resolution:XOrdinance: Amount Requested: Exhibit:Deed & Acceptance Resolution Budgeted Item:YESNO Exhibit: LPISD Resolution Exhibit: SUMMARY & RECOMMENDATION The City’s Strategic Plan identifies the acquisition of the former DeWalt Schoolhouse as a priority to preserve the City’s history. Staff has been negotiating with La Porte Independent School District (LPISD) and at themost recentLPISD Board meeting, the Board approved a resolution to donate the property to the City. Staff has prepared a resolution to formally accept the donation from LPISD and recommends approval of the resolution. Action Required by the La Porte City Council: Consider approval orother action of a Resolutionaccepting the donation of the former DeWalt schoolhouse from La Porte Independent School District to the City of La Porte. Approved for the La Porte City CouncilAgenda Corby D. Alexander,City ManagerDate REQUEST FOR CITY COUNCILAGENDA ITEM Budget Agenda Date Requested:23 September2013 Source of Funds:4B Board Requested By:Scott D. Livingston Account Number: Department: Administration/Economic Development Amount Budgeted: N/A Report: Resolution:Ordinance: Amount Requested:$66,000 Exhibit:Incentive Grant Request fromMr. Rob Johnson Budgeted Item:YESNO Exhibit: Boundary Survey Exhibit: Marketing Flyer Exhibit: ProjectFacts and Figures SUMMARY & RECOMMENDATION Mr. Rob Johnson is the Owner of Rob Johnson Interests, which is a local Real Estate DevelopmentCompany. He developedthe Shoppes of Town Square on Center Street and Pasadena Blvd in Deer Park, Texas. He recently placed a portion of the Jay Marks Chevrolet dealership under contract to do a new retail/commercial development. Phase I is planned to encompass 2.86 acres, while Phase II is planned to encompass 1.67 acres.Mr. Johnsonplansto complete Phase I in 2014 and Phase II by either late 2014 or early 2015. Thecurrent plan is to start the project this fall, once tenant interest issecured and the approved site plan has been finalized.The project principal is pursuing and negotiating with multiple prospects which have each expressed interest in the market.In order to make this project more $66,000 competitive and viable, Mr. Johnsonis requesting an incentive grant in anamount up to to demolish and remove the existing slab structure and level the site for development. The subject property is currently on the tax rolls for$650,000, which yields approximately $4,615(at $0.71/$100 of assessed value) annually in taxes to the Cityof La Porte.Once the multiple-phase development has been completed, the estimated taxable value of the new development is $6,000,000 to $8,000,000.Excludingsales tax revenue, the estimated annual taxes would be $42,600 to $56,800. Taking an average of the two, if the estimated taxable value were to be $7,000,000, the annual taxes would be $49,700. Therefore, the estimated annual $45,085 increase in taxes upon completion of the multi-phase project is . th Based upon some of the questions about the project on June 10, please note that the following information has also been provided: Legal Description of the Property Being that tract of land containing approximately 2.8 acres -Lots 3 -26 and a portion of Lot 2 out of Block 47, La Porte Townsite Vol 67, Page 196, H.C.D.R.; Lots 1 –4 and 29 –32 out of Block 26, Vol 57, page 320, H.C.D.R. and the West “A” Street Abandonment all shown attached thereto:(see attached) Itemized List of Work Done to Secure the Property Payment of earnest money Property is under contract for purchase Phase I Environmental “No Further Action Required”, dated May 24, 2013. Closure Letter from the State of Texas (T.E.C.Q.), December 2012 –After current owner had done a Phase II on site. Marketing –Aerial Photographs and Demographics (see attached) Itemized List of Expenses to Date: Phase I -$2,500.00 Aerial Photographs -$1,500.00 Demographics -$750.00 Architect and Engineering -$6,500.00 Earnest Money -$11,500.00 CenterPointEnergyEasement Removal -$1,000.00 Survey -$3,275.00 Architectural Site Plan Design with City comments -$1,850.00 Alley Easement ROW Acquisition -$6,500.00 (est.) $35,375. TOTAL invested capitalat risk is Other Closing Schedule –October 2013 Do not have the right to extend the contracts Partners –Robert E. Johnson, Jr. and Robert E. Johnson, III Per the 4B Board’s directionon 8 July 2013, staff scheduleda public hearing for the meeting of the Boardof Directors to discuss this incentive grant request on23September 2013.This project will require that Rob Johnson enter into a performance agreement with the La Porte Development Corporation, the terms of which would establish minimum thresholds for key performance indicators such actual expenses for infrastructure and site improvements, capital investment, and other possibleitems.All parties involved will have the opportunity to provide input on the performance agreement before it is completed. Action Required by the City Council: Consider approval or other action to affirm the La Porte Development Corporation approval of anincentive grant request in the amount not to exceed $66,000toRob Johnson Interests to demolish and remove the concrete slab in preparation for a new retail development on the former Chevrolet dealership. Approved for the City CouncilAgenda Corby D. Alexander,City ManagerDate Project Rob Johnson’sFACTS AND FIGURES Assumptions: $650,000 Current value of the subject property: $6,000,000$8,000,000 Total estimated project value, after construction: to 2015 Construction will conclude byearly . Current Property Value and Taxes (based upon HCAD valuation) $650,000 Current property value: Total annual taxes currently paid to the Community of La Porteat a fully loaded tax $18,720 burden of 2.88 per $100 of assessed taxable value: Real, Business Personal Property Received Annually After Expansion: Total, fully loadedannual taxes paid to the Community of La Porte upon completion of $201,600 the project anda taxable project value of $7,000,000: $62,500four (4) months Community of La Porte Break-Even Point on Grantis . $65,728.25four (4) months. Community of La Porte Break-Even Point on Grant is $66,000four (4) months. Community of La Porte Break-Even Point on Grant is Council Agenda Item September 23, 2013 8. (a)Receive report ofLa Porte Development Corporation Board–Councilmember Engelken *********************************************************************************** Council Agenda Item September 23,2013 9.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Monday, September 23, 2013 City Council Meeting, Monday, September 23, 2013 Zoning Board of Adjustment Meeting, Thursday, September 26, 2013 Annual Health & Safety Fair, Saturday, September 28, 2013 National Night Out, Tuesday, October 1, 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–Councilmembers, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit 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 551.072 –Deliberation regarding purchase, exchange, lease or value of real property: Meet with City Manager and City Attorney to discuss possible sale or lease of city owned real property. (Old Kline Retreat) 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item September 23, 2013 13.ADJOURN ***********************************************************************************