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HomeMy WebLinkAbout05-12-14 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKTOMMY MOSER Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Councilmember At Large BCouncilmember At Large BMayor Pro-Tem Councilmember District 5Councilmember District 5 MIKE MOSTEIT Councilmember District 1Councilmember District 1 MIKE CLAUSEN Councilmember District 6Councilmember District 6 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held May 12, 2014, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held May 12, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Shane Klinkerman, First Assembly of God Church.The invocation will be given by Shane Klinkerman, First Assembly of God Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led Councilmember Daryl Leonard.The Pledge of Allegiance will be led Councilmember Daryl Leonard. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONS Recognitions Recognitions -- Employees of the First Quarter Employees of the First Quarter -- Mayor Rigby Mayor Rigby (a) Proclamation Proclamation -- Russell Ybarra Day Russell Ybarra Day -- Mayor Rigby Mayor Rigby (b) Proclamation Proclamation -- Emergency Medical Services Week Emergency Medical Services Week -- Mayor Rigby Mayor Rigby (c) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action regarding the minutes of the special city council meeting Consider approval or other action regarding the minutes of the special city council meeting (a) held on April 12, 2014, and the minutes of the regular meeting held on April 28, 2014 held on April 12, 2014, and the minutes of the regular meeting held on April 28, 2014 - P. FogartyFogarty Consider approval or other action ratifying the appointment of Lindsay Pfeiffer as chair of the Consider approval or other action ratifying the appointment of Lindsay Pfeiffer as chair of the (b) Tax Increment Reinvestment Zone for a term of one year beginning on the anniversary of the Tax Increment Reinvestment Zone for a term of one year beginning on the anniversary of the effective date of the ordinance, May 24 effective date of the ordinance, May 24 -- P. Fogarty P. Fogarty Consider approval or other action regarding a Resolution authorizing the resale of certain tax Consider approval or other action regarding a Resolution authorizing the resale of certain tax (c) delinquent property located in Block 15, Town of La Porte delinquent property located in Block 15, Town of La Porte -- K. Powell K. Powell Consider approval or other action regarding a Resolution authorizing the Constable of Harris Consider approval or other action regarding a Resolution authorizing the Constable of Harris (d) County to hold a second public sale of property acquired through tax foreclosure County to hold a second public sale of property acquired through tax foreclosure -- K. Powell Consider approval or other action regarding an Ordinance authorizing the Mayor to execute a Consider approval or other action regarding an Ordinance authorizing the Mayor to execute a (e) Special Warranty Deed for Lots 19 & 20, Block 71, Bayfront to La Porte, and Lots 14 & 15, Special Warranty Deed for Lots 19 & 20, Block 71, Bayfront to La Porte, and Lots 14 & 15, Block 127, Town of La Porte, to the Bay Area Habitat for Humanity, for the purpose of Block 127, Town of La Porte, to the Bay Area Habitat for Humanity, for the purpose of providing construction sites for two affordable homes providing construction sites for two affordable homes -- T. Tietjens T. Tietjens Consider approval or other action amending the Fiscal Year 2013Consider approval or other action amending the Fiscal Year 2013Consider approval or other action amending the Fiscal Year 2013Consider approval or other action amending the Fiscal Year 2013----2014 Budget to include an 2014 Budget to include an 2014 Budget to include an 2014 Budget to include an (f)(f) expenditure of $15,000.00 for Whelen Tower repair and maintenance expenditure of $15,000.00 for Whelen Tower repair and maintenance -- J. Suggs J. Suggs 7.AUTHORIZATIONSAUTHORIZATIONS Consider approval or other action regarding an Ordinance amending Chapter 82 of the Code Consider approval or other action regarding an Ordinance amending Chapter 82 of the Code (a) of Ordinances to enact local amendments to the International Residential Code and of Ordinances to enact local amendments to the International Residential Code and International Building Code, related to wind design speed rating for residential structures International Building Code, related to wind design speed rating for residential structures - B. EngEng Consider approval or other action regarding an appointment to fill the vacancy in the Zoning Consider approval or other action regarding an appointment to fill the vacancy in the Zoning (b) Board of Adjustment Alternate Position 1 Board of Adjustment Alternate Position 1 -- P. Fogarty P. Fogarty 8.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION Discussing or other action regarding funding studies for the Ike Dike Discussing or other action regarding funding studies for the Ike Dike -- C. Alexander C. Alexander (a) Discussing or other action regarding proposed budget items for the Fiscal Year 2015 Budget Discussing or other action regarding proposed budget items for the Fiscal Year 2015 Budget - (b) T. LeachT. Leach 9.REPORTSREPORTS Receive report of La Porte Development Corporation Board Receive report of La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken (a) 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, May 15, 2014Planning and Zoning Commission Meeting, Thursday, May 15, 2014 • Memorial Day Observed, Monday, May 26, 2014Memorial Day Observed, Monday, May 26, 2014 • La Porte Development Corporation Board Meeting, Monday, June 9, 2014La Porte Development Corporation Board Meeting, Monday, June 9, 2014 • City Council Meeting, Monday, June 9, 2014City Council Meeting, Monday, June 9, 2014 • City Council Meeting, Monday, June 23, 2014City Council Meeting, Monday, June 23, 2014 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 11.COUNCIL COMMENTSCOUNCIL COMMENTS members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies ––Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor RigbyZemanek and Mayor Rigby   12.EXECUTIVE SESSIONEXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need 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 arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, in accordance with the authority contained in:Code, in accordance with the authority contained in: Texas Government Code Section 551.072 Texas Government Code Section 551.072 -- Deliberation regarding the purchase, exchange, lease or Deliberation regarding the purchase, exchange, lease or value of real property: Discuss contract of sale for former Parks and Wildlife Buildingvalue of real property: Discuss contract of sale for former Parks and Wildlife Building Texas Government Code Section 551.07 Texas Government Code Section 551.07 -- Deliberation regarding the purchase, exchange, lease or Deliberation regarding the purchase, exchange, lease or value of real property: Discuss appraisal, purchase offer for City Airport Propertyvalue of real property: Discuss appraisal, purchase offer for City Airport Property Texas Government Code, Section 551.074 Texas Government Code, Section 551.074 -- Personnel Matters: Deliberation concerning the Personnel Matters: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manageror employee: Corby Alexander, City Manager into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive 13.RECONVENERECONVENE session. session. 14.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need 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 arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 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 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the May 12, 2014, agenda of items to be considered by the City Council was posted on the City Hall I certify that a copy of the May 12, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on May 6, 2014 .bulletin board on May 6, 2014 . Council Agenda Item Council Agenda Item May 12, 2014 May 12, 2014 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held May 12, 2014, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held May 12, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Shane Klinkerman, First Assembly of God Church.The invocation will be given by Shane Klinkerman, First Assembly of God Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led Councilmember Daryl Leonard.The Pledge of Allegiance will be led Councilmember Daryl Leonard. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONS Recognitions Recognitions -- Employees of the First Quarter Employees of the First Quarter -- Mayor Rigby Mayor Rigby (a) Proclamation Proclamation -- Russell Ybarra Day Russell Ybarra Day -- Mayor Rigby Mayor Rigby (b) Proclamation Proclamation -- Emergency Medical Services Week Emergency Medical Services Week -- Mayor Rigby Mayor Rigby (c) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** st Employees of the 1 Quarter 2014: Lt. Tammy McBeath and Detective Danny Jones st I am honored to nominate two outstanding city employees for Employee of the Quarter, 1 Quarter, 2014. Lieutenant Tammy McBeath and Detective Danny Jones are being nominated together due to their contributions and actions in one major homicide investigation involving the Police Department. On September 27, 1997 officers were dispatched to a homicide in the Spenwick area of the city. The case resulted in a major call up of Department resources and ultimately involved a number of other law Pasadena Police and the Texas Rangers. The original investigator, Detective Danny Jones, refused to ever let the case go and routinely examined all the evidence on a continuing basis. Once Lieutenant Tammy McBeath assumed command of the Criminal Investigations Division, she strongly supported Detective Jones and the two of them worked diligently to continue to bring this open investigation to a successful resolution. Lieutenant McBeath and Detective Jones had learned of a new television series starting up in 2013, which would follow a reality cold case homicide and provide assistance in pursuing successful closure. The case was accepted by Cold Justice and after several months of effort, a list of potential suspects was narrowed to one person of interest. These two investigators then presented their investigative results, including literally thousands of pages of related reports and statements and over a decade worth of work, to the Harris County District Attorney. As a result of their tireless and unrelenting efforts, two counts of capital murder were filed against the primary suspect, who was ultimately apprehended in Arkansas. After sixteen years since the commission of this hideous crime that ended with the deaths of two innocent citizens of our city, the continued dedication of Detective Jones and Lieutenant McBeath provided closure to a violent chapter in the Police Department cold case files and closure for the children and family of these two victims. It is with great honor that we recognize Lt. Tammy McBeath and Detective Danny Jones as Employees of the Quarter. Whereas, Russell Ybarra grew up in the restaurant industry, starting his career in the kitchen washing dishes, learning first hand all the facets of the restaurant industry, and later started his own businesses with his brother Troy known to the La Porte community Kitchen and Bullritos; and Whereas, Russell and his wife, Monica, graduated from La Porte High School; and Whereas, Russell has been an active supporter of many La Porte community groups, including the La Porte Education Foundation, who is proud to count Russell as one of its most active and long-tenured supporters; and Whereas, ; and Now, Therefore, I, Louis R. Rigby, Mayor, along with members of the La Porte City Council, do hereby proclaim May 12 as th Russell Ybarra Day IN WITNESS THEREOF, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 12 day of May 2014. th CITY OF LA PORTE ___________________________ Louis R. Rigby, Mayor Whereas, emergency medical services is a vital public service; and Whereas, the members ofemergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and Whereas, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and Now therefore, I, Louis R. Rigby, Mayor of the City of La Porte, along with members of the La Porte City Council in appreciation of your valuable contribution to the City of La Porte do observe the week of May 18-24, 2014 as Emergency Medical Services Week th In Witness Whereof: I have set my hand and caused the Seal of the City to be affixed hereto, this the12day of May 2012. CITY OF LA PORTE ______________________________ Louis R. Rigby, Mayor Council Agenda Item Council Agenda Item May 12, 2014 May 12, 2014 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action regarding the minutes of the special city council meeting Consider approval or other action regarding the minutes of the special city council meeting (a) held on April 12, 2014, and the minutes of the regular meeting held on April 28, 2014 held on April 12, 2014, and the minutes of the regular meeting held on April 28, 2014 - P. FogartyFogarty Consider approval or other action ratifying the appointment of Lindsay Pfeiffer as chair of the Consider approval or other action ratifying the appointment of Lindsay Pfeiffer as chair of the (b) Tax Increment Reinvestment Zone for a term of one year beginning on the anniversary of the Tax Increment Reinvestment Zone for a term of one year beginning on the anniversary of the effective date of the ordinance, May 24 effective date of the ordinance, May 24 -- P. Fogarty P. Fogarty Consider approval or other action regarding a Resolution authorizing the resale of certain tax Consider approval or other action regarding a Resolution authorizing the resale of certain tax (c) delinquent property located in Block 15, Town of La Porte delinquent property located in Block 15, Town of La Porte -- K. Powell K. Powell Consider approval or other action regarding a Resolution authorizing the Constable of Harris Consider approval or other action regarding a Resolution authorizing the Constable of Harris (d) County to hold a second public sale of property acquired through tax foreclosure County to hold a second public sale of property acquired through tax foreclosure -- K. Powell Consider approval or other action regarding an Ordinance authorizing the Mayor to execute a Consider approval or other action regarding an Ordinance authorizing the Mayor to execute a (e) Special Warranty Deed for Lots 19 & 20, Block 71, Bayfront to La Porte, and Lots 14 & 15, Special Warranty Deed for Lots 19 & 20, Block 71, Bayfront to La Porte, and Lots 14 & 15, Block 127, Town of La Porte, to the Bay Area Habitat for Humanity, for the purpose of Block 127, Town of La Porte, to the Bay Area Habitat for Humanity, for the purpose of providing construction sites for two affordable homes providing construction sites for two affordable homes -- T. Tietjens T. Tietjens Consider approval or other action amending the Fiscal Year 2013Consider approval or other action amending the Fiscal Year 2013--2014 Budget to include an 2014 Budget to include an (f) expenditure of $15,000.00 for Whelen Tower repair and maintenance expenditure of $15,000.00 for Whelen Tower repair and maintenance -- J. Suggs J. Suggs ****************************************************************** ****************************************************************** 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 Large B Mayor Pro Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL 12, 2014 The City Council of the City of La Porte met in a special meeting on Saturday, April 12, 2014, at 8:30a.m., in the Council Chambers of City hall, 604 West Fairmont Parkway, La Porte, Texas to consider the following items of business: 1. Call to Order Mayor Rigby called the meeting to order at 8:31 a.m. Members of Council present: Councilmembers Engelken, Mosteit, Kaminski, Clausen, and Martin. Members of Council absent: Councilmembers Moser and Leonard Members of City Executive Staff and City Employees Present: Corby Alexander and Traci Leach Finance: Michael Dolby, Phyllis Rinehart, Gay Collins and Shelley Wolny Parks: Stephen Barr Planning: Tim Tietjens Police Department: Ken Adcox Public Works Department: Dave Mick Fire: Mike Boaze Municipal Court: Denise Mitrano Emergency Management: Jeff Suggs 2.Discussion or other action The purpose of this meeting is to discuss and formulate City Council and staff plans, operations, policies, and future projects, including the following: A. Financial Overview Michael Dolby Finance Director Michael Dolby presented a PowerPoint overview, with an update on revenues and expenditures, together with general fund long-range financial plan assumptions. He also gave an update on the Utility Fund Long Range Financial Plan and advised the rates will need to be reviewed. He presented a c following the upward trend of the economy, the finances are not without areas of concerns. One area is the Utility Fun, which has not be self-sustaining for several years and does not have the revenue stream necessary to support continued infrastructure maintenance and investment. Councilmember Zemanek questioned which rates need to be reviewed. Finance Director Michael Dolby responded the utility rates for water and sewer. Page 1 of 9 April 12, 2014, City Council Special Meeting Minutes Councilmember Martin questioned why is there a need to increase in utility rates. Finance Director Michael Dolby responded that the cost is due to inflation, the rates are back in 2008 and the cost is in 2014. Councilmember Zemanek questioned the amount of the fund balance five years ago. Mr. Dolby responded he will get the amount to Council, but the fund was probably not doing well five years ago, either. Councilmember Martin questioned how the new homes near the Golf Course will affect the fund. Mr. Dolby responded the homes will probably add revenue. Council has requested more information on all funding options available to address this situation. Council moved to take Item 2n as the next item for discussion. See Item 2n below for details on the discussion. B. Comprehensive Plan/Northside Plan Implementation Discussion Mayor Rigby (T. Leach) Mayor Rigby commented he requested this item for discussion to include proposed projects into the Comprehensive Plan for guidelines and clarification in the future. Assistant City Manager Traci Leach presented the Comprehensive Plan and Northside Plan Implementation discussion. Regarding Exhibit C, Unified Development Code, Mayor Rigby questioned if a developer had been redefined in the Development Code because a developer is required to pay a park maintenance fee even if they build only one home. Assistant City Manager Traci Leach advised she will confirm the definition. Regarding Exhibit E, Small Business Incubator, Assistant City Manager Leach advised it will be funded through La Porte Development Corporation and in conjunction with the San Jacinto College Small Business Development Center. Regarding Exhibit F, Safe Sidewalk Program, Assistant City Manager Leach presented a La Porte map developed by staff and prioritized showing sidewalk areas that would be desirable for safe routes to school totaling close to $1.2 million. Staff will bring back a phased plan for the Safe Sidewalk Program. Councilmember Martin questioned if Harris County Flood Control would have a say in the construction of the bridge and if they have been contacted. Ms. Leach responded yes. Councilmember Mosteit commented on the west side of town, the program will also connect the Meadowcrest neighborhood to a park that is located in Creekmont and give children in the community access and a safe trail to the park. Councilmember Martin commented $1.2 million is a lot of money, but it is an important project; and he suggested the City move forward with the project, if possible. Staff was directed to provide options for phasing Priority 1 & 2. Page 2 of 9 April 12, 2014, City Council Special Meeting Minutes Regarding Exhibit L, Northside Plan Recommendation 47: Code Enforcement Amnesty Program, Assistant City Manager Traci Leach provided information that was recommended in the Northside Plan.Council supported the concepts of proactive neighborhood tenant association that could help improve safety and quality of life for the Northside. In conjunction with this effort, advocacy based code enforcement and an amnesty program for code enforcement were also concepts that the Council supported; staff will be bringing more solid proposals to the Council for additional discussion. Mayor Rigby commented if the program is something the City moves forward with, he thinks it should be applied to the entire City with requirements and guidelines. Council supported the concept of incorporating drought tolerant plantings into new City landscape installations. . Comprehensive Plan Objective for Strategic Corridors: Proceed with including an entryway monument at Bay Area Boulevard and Fairmont (for northbound traffic on Bay Area) within the 5-year capital plan. C. Building Security Mayor Rigby (T. Leach) City Manager Corby Alexander discussed City Hall security improvements.In 2012, the Police Department conducted a security assessment of City Hall. Several vulnerable areas were identified including the main receptionist area, the Code Enforcement front desk, and the Utility Billing windows. Staff prepared a preliminary estimate of $143,700 to address these areas of vulnerability, such as securing the area by the reception desk, securing the Inspections counter, and fortifying the Utility billing windows. Council directed staff to include this in the upcoming fiscal year budget. D.Council Chambers A/V Dais Renovations (T. Leach) Assistant City Manager Traci Leach discussed options for Council audio visual equipment and improvements to the dais. Staff has received Council feedback regarding the current state of the Council dais. The area is cluttered, and the monitors have a tendency to obstruct the view to and from the Council chairs given the angle of the seating and the raised nature of the dais. In August 2013, staff visited the Baytown Council Chambers and discussed options with them, as they had recently re-done their Chambers. Staff presented a couple of options, and Council requested staff bring back a line item estimate for various components for consideration. Council directed Staff to bring back a line item estimate for various components for consideration. E. New Website (T. Leach) Assistant City Manager Traci Leach discussed re- and the possibilities of changing the website provider. Staff presented this item based on difficulties in dealing with the current website/web provider. The current site is difficult to manage, has spotty uptime/reliability, and the operating system is using an obsolete Internet Explorer version. Page 3 of 9 April 12, 2014, City Council Special Meeting Minutes Based on preliminary discussions with several website design companies, staff estimates that the cost of a new website would run between $40,000 and $60,000. Councilmember Martin questioned if funds from either Hotel/Motel or the La Porte Development Corporation can pay for the new website. Ms. Leach responded tourism can be rolled over into the overall City Website. Council directed staff to include this in the FY 2015 budget. Mayor Rigby recessed for lunch at 11:23 a.m. Mayor Rigby reconvened the special meeting at 11:58 a.m. F. Tourism Initiatives (T. Leach) Assistant City Manager Traci Leach addressed Council stating staff began an aggressive tourism/hotel promotion campaign. To continue that momentum, staff proposed the idea of a new special event. While two ideas were presented in the agenda request, only one was viable at this time the industry barbecue cook-off at Lomax. Staff is meeting with hotels to get their input on ideas and is currently brainstorming other ideas as well. Once staff meets with hoteliers, information will be brought back to the Council for consideration. Councilmember Martin proposed a Chili-Cook Off for the month of March instead of a BBQ Cook-Off. Councilmember Clausen commented spring-time is full of events, and fall may better to schedule events. G. Sidewalk Program Expansion (T. Tietjens) Councilmember Zemanek proposed an increased annual budget allocation of $150,000.00 per year for a Sidewalk Program Expansion. City Manager Corby Alexander advised Council the Five-Year Capital Plan for Streets and Utilities previously presented included an increased annual budget allocation of $150,000.00 annually for sidewalks. Council approved of this amount. H. DOT Flex-time Councilmember Zemanek (K. Adcox) Councilmember Zemanek discussed DOT Flex-time and commented he would like to see less concentration of inspections and more on weighing of vehicles. Councilmember Zemanek commented the officers can use flex time because they have their own scales and more enforcement can be continued after 3:00 p.m. Police Chief Ken Adcox provided options for the next fiscal year and recommended to continue the program at the current funding level and continue to pay overtime. Mayor Rigby questioned Judge Mitrano if the increased citations equate to increased revenue. Ms. Mitrano responded yes. Councilmember Zemanek suggested continuing with the overtime. Page 4 of 9 April 12, 2014, City Council Special Meeting Minutes Councilmember Martin commented he agrees with tion to continue in the next fiscal year that is currently being done which includes the overtime program and allowing the Police Department to deploy their options as they currently are doing. Councilmember Zemanek commented if none of the violations affect driving records, why is a Council directed to continue the program in its current format. I. (K. Adcox) Chief of Police Ken Adcox discussed the possible transition from Dodge Chargers to Chevy Tahoes beginning Fiscal Year 2015. Assistant Chief of Police Stephen Deardorff presented a feasibility study. Mayor Rigby questioned the benefits of transitioning to Tahoes. Assistant Chief of Police Deardorff responded maintenance. Over the course of 5 years (the average life of a police vehicle), the additional cost for Tahoes was $3,191 more for initial purchase and $281 more to operate. Council directed Staff to move forward with 2 Tahoes for the upcoming year and re- evaluate next year. J. Beautification at Wharton Weems and SH 146 Councilmember Martin (S. Barr) Councilmember Martin began by commenting that Wharton Weems has become a very visible road with the new homes and Bayshore Elementary School and, to his knowledge, it is the only entry road in the City that does not have any beautification or notification that you are in the City of La Porte, and suggested consideration for beautification at Wharton Weems and SH 146. Parks and Recreation Director Stephen Barr presented an option to beautify the entryway to include a monument sign and landscaping with an estimated proposal between $31,922.00 - $36,322.00. Council directed staff to include this in the FY 2015 budget and also consider low profile plantings for this entryway. K. Expansion of Park Maintenance Barn S. Barr Parks and Recreation Director Stephen Barr presented a proposal to expand the Park Maintenance Barn with an estimated cost of approximately $70,000.00.Thirteen years ago, the Parks Department created the current maintenance yard, which satisfactorily met the er, over time, the equipment and vehicles that are used by the Department have increased; and there are pesticides/chemicals that need to be stored separately from other materials. The proposed expansion would include improving the space between the existing yard and the tree farm. Estimated cost is approximately $70,000. Council directed staff to include this in the FY 2015 budget. L. Curbside Recycling Councilmember Martin (D. Mick) Page 5 of 9 April 12, 2014, City Council Special Meeting Minutes Councilmember Martin began by discussing the feasibility for Curbside Recycling and suggested the possibility of placing a nonbinding referendum on a ballot for voting. Public Works Director Dave Mick presented options for a Curbside Recycling Program. Currently, the City offers a drop off site for recycling at the Public Works yard. In reviewing feasibility for curbside recycling, several options were considered. The cost per account would be between $3 and $3.50 per month. At this time, Council directed staff to conduct a survey of residents to determine if there is any interest in curbside recycling; and if so, at what level are residents willing to pay for such a service. M. Fairmont Parkway Corridor Traffic Study D. Mick Public Works Director Dave Mick presented options for a feasibility study along the Fairmont Parkway Corridor and recommended a joint study with Harris County for the Fairmont Parkway thth corridor between 6 Street to 16 Street. The estimated cost for such a study is approximately $75,000. thth Councilmember Zemanek commented the signal needs to be moved from 7 Street to 8 Street. th Councilmember Engelken commented the City was told the traffic signal was at 7 Street and th not 8 Street because , there is th not enough clearance to install a left turn lane heading northbound on 8 Street. Mayor Rigby asked Public Works Director Dave Mick if Harris County was asked to half costs with the City on a study. Mr. Mick responded no. Council directed staff to speak with Harris County regarding their level of willingness to participate, both in the findings and in the funding for the study. N. Financial Report and Five Year Capital Plan for Streets/Utilities D. Mick City Manager Corby Alexander and Assistant City Manager Traci Leach proposed additional audits of various City functions, services, departments and other key revenue sources. Public Works Director Dave Mick presented a Financial Report and Five-Year Capital Plan for Streets/Utilities and recommended about $2 million a year for Capital Improvements. Staff has identified projects totaling approximately $5 million per year. City Manager Corby Alexander advised Council the proposed Five-Year Capital Plan for Streets/Utilities presented by Dave Mick has some funding from the current revenue stream from the street maintenance tax. Additional funding for this plan is currently identified as bonds that could be sold as current capacity is freed up in the next several years, which would allow the City to maintain the current tax rate. However, given the direction from the Financial Overview discussion, all options, including the debt strategy, is up for discussion in the near future. Finance Director Michael Dolby advised Council the Utility Fund needs to be self-sustaining without being supported by the General Fund, and revenues will need to be reviewed. Mr. Dolby also advised that projects are funded by tax revenue. Page 6 of 9 April 12, 2014, City Council Special Meeting Minutes Finance Director Michael Dolby advised Council staff will come back with different suggestions after reviewing the rates, fees and steps. O. Consolidated Card Access System J. Suggs Emergency Management Coordinator Jeff Suggs presented a new security and card access system for implementation across City buildings. Currently, the City owns and operates a variety of card access systems throughout City buildings. In certain cases, each department has a separate system, while only one card is used throughout the city. This has causes issues with granting/terminating employee access. Additionally, there are software issues, as some systems are not supported at this time. Staff proposed consolidating all access systems into a single system. Buildings to be addressed include: Police Building/EOC Animal Control Court Fire (IT closets. Bay doors for volunteers would still be maintained by the FD) City Hall EMS Recreation and Fitness Center Office Area Public Works Council directed staff to include this in the FY 2015 budget. P. Window Coverings at additional City Buildings J. Suggs Emergency Management Coordinator Jeff Suggs presented information for installation of permanent window coverings at additional City buildings. Council directed Staff to wait until the generator project is complete to see what additional funds are available. 3Receive Direction from Council on upcoming 2014-2015 Fiscal Year Budget . This item was combined with Council Comments. 4. Council Comments Councilmember Martin commented if there is additional revenue, he would like to see it spent on the infrastructure and thanked Staff for the presentations; Councilmember Kaminski thanked City Manager Corby Alexander, Assistant City Manager Traci Leach and all of Staff for the presentations and requested there be extra patrol from DOT at Lobit and Blackwell for 18 wheelers; Councilmember Zemanek thanked Staff for all of their hard work and expressed his appreciation to the City of La Porte during the passing of his mother, Jeanne Zemanek; Councilmember Engelken thanked Staff for the presentations; Councilmember Mosteit thanked Staff for the presentations and directed Staff to work with Harris County during the widening of Sens Road to make sure traffic signals are included on H Street and L Street; reported an update will be provided on Monday night on the F101 Project and to expand to Precinct 2 where the Pipeline Corridors cross Harris County roads throughout the City of La Page 7 of 9 April 12, 2014, City Council Special Meeting Minutes Porte in regards to drainage; and Mayor Rigby thanked City Manager Corby Alexander and Staff for their hard work preparing presentations and commented he is looking forward to the upcoming budget process, and added that Council will have to look at taxes and fees. City Manager Corby Alexander thanked Council for their time. 5.Adjourn There being no further business, Councilmember Engelken moved to adjourn the meeting at 1:56 p.m. MOTION PASSED Councilmember Zemanek seconded. Page 8 of 9 April 12, 2014, City Council Special Meeting Minutes Respectfully submitted, ____________________________________ Patrice Fogarty, City Secretary Passed and approved on May 12, 2014. ____________________________________ Mayor Louis R. Rigby Page 9 of 9 April 12, 2014, City Council Special Meeting Minutes LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B 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 COUNCIL OF THE CITY OF LA PORTE APRIL 28, 2014 Monday, April 28, 2014, The City Council of the City of La Porte met in a regular meeting on at the City Hall 6:00 p.m Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Kaminski, Clausen, Mosteit, Leonard, Engelken, Zemanek, Moser and Martin. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Dee Spears, Fairmont Park Church of La Porte. 3. PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember John Zemanek. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation Motorcycle Safety and Awareness Month Mayor Rigby Mayor Rigby presented the Motorcycle Safety and Awareness Month Proclamation to a group of riders. They made a few remarks of how appreciative they are for the proclamation. 5.PUBLIC COMMENTS (Limited to five minutes per person.) Monty Monteith with the Pasadena Strawberry Festival addressed Council and invited the Council and La Porte community to attend the Pasadena Strawberry Festival. th Roderick White, 327 N. 7 Street, addressed Council regarding his disappointment in actions and content of music from Johnny Lee and the Urban Cowboy Band at the Sylvan Beach Day Festival. 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 the regular city council meeting held April 14, 2014 P. Fogarty (b) Consider approval or other action authorizing the City Manager to execute a Memorandum of Agreement with the Spencer Landing HOA for a community cooperation project (installation of two new pumps for the detention pond) for a total City contribution of $4,982.84. T. Leach 14 Page of April 28, 2014, Council Meeting Minutes (c) Consider approval or other action awarding Bid No. 14015 for Water Tank Replacement Project at Water Plant No. 5, to Schier Construction Co. in the amount of $204,500 and authorize an additional $20,500 allocation to be utilized as a project contingency for a total project authorization of $225,000 and reject the bids received for the welded steel tank alternate D. Mick (d) Consider approval or other action regarding an Ordinance amending the City of La Porte FY 2013-2014 Budget M. Dolby (e) Consider approval or other action regarding audit contract renewal with Whitley Penn M. Dolby (f) Consider approval or other action regarding an Ordinance vacating, abandoning, and closing utility easement within the area to be closed and authorizing the City Manager to execute a deed to the adjacent owner for the area subject to closing T. Tietjens Regarding Item C, City Manager Corby Alexander clarified the location of Water Plant #5. th Mr. Alexander advised the location is at the end of 25 Street, southeast of Bay Area Blvd. and Spencer Highway. Regarding Item E, Councilmember Martin asked Finance Director Michael Dolby to explain why Staff is requesting to renew the contract with Whitley Penn for an additional year. Mr. Dolby informed council that a scheduled computer software conversion for OneSolution will be conducted and for continuity sake, it is a lot easier to concentrate on the conversion and not have to train new auditors and have Councilmember Martin asked when the interviews for new auditors will be conducted. Mr. Dolby advised this time next year. Regarding Item D, Mayor Rigby questioned more repairs to the Whelen Tower and commented he was under the impression the replacement last year was fine and good to go. City Manager Corby Alexander responded there where two towers that went down recently one tower was destroyed by fire ants, and the other one was destroyed by lightning. Mayor Rigby questioned if the Whelen Tower has insurance coverage. Mr. Alexander suggested the item be pulled to see if the Whelen Tower is covered under General Liability. Councilmember Engelken moved to approve the Consent Agenda with the exception of item G from MOTION PASSED. Item D Agenda Request. Councilmember Mosteit seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Zemanek, Kaminski, Leonard, Mosteit, Moser and Martin Nays: None Absent: None Prior to Council vote, Assistant City Attorney Clark Askins read the caption of the following ordinances: Ordinance 2014-3516 : AN ORDINANCE APPROVING AN AMENDMENT TO 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 PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 24 Page of April 28, 2014, Council Meeting Minutes Ordinance 2014-3517: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE THE EXECUTION OF DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the Council-appointed committee for the Truck Study C. Alexander City Manager Corby Alexander and City Attorney Clark Askins informed Council the Attorney representing Everardo Garza, who has filed a lawsuit against the City, requested an individual to be appointed to the Council-appointed committee for the Truck Study. Mr. Alexander also informed the committee will be having its first meeting on April 29, 2014. Councilmember Kaminski moved to attorney. MOTION PASSED. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Clausen, Kaminski, Engelken, Zemanek, Mosteit and Martin Nays: None Absent: None 8. REPORTS (a) Receive report of La Porte Development Corporation Board Councilmember Engelken Councilmember Engelken reported the La Porte Development Corporation Board met and discussed Workforce Development Programs. The Board decided there are enough programs in place at this time. Councilmember Engelken also advised the next meeting is scheduled for April 28, 2014. (b) Receive report of Fiscal Affairs Committee Councilmember Engelken Councilmember Engelken reported the Fiscal Affairs Committee met and received the Second Quarter Investment Report and the Purchasing Card Expenditures. Councilmember Engelken also advised the next meeting is scheduled for July 28, 2014. (c) Receive Delinquent Tax Report T. Leach Assistant City Manager Traci Leach provided the Delinquent Tax Report. There were no questions or comments. (d) Receive Strategic Plan Update T. Leach Assistant City Manager Traci Leach provided an update on the Strategic Plan. 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Fire Control, Prevention, and Emergency Medical Services District Meeting, Thursday, May 1, 2014 La Porte Development Corporation Board Meeting, Monday, May 12, 2014 Page 3 of 4 April 28, 2014, Council Meeting Minutes City Council Meeting, Monday, May 12, 2014 City Manager congratulated the Finance Department for receiving the Platinum Leadership Circle 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit Clausen, Martin, Moser, and Mayor Rigby. Councilmember Zemanek provided a contribution to Jake Worthingto Councilmember Leonard wished Jake Worthington the best and thanked the City for the Motorcycle Safety and Awareness Month proclamation; Councilmember Engelken and Moser congratulated the Finance Department; Councilmembers Mosteit and Clausen congratulated the Finance Department and wished The Voice singer Jake Worthington the best; Councilmember Martin congratulated the Finance Department and sent a shout out the La Porte Chamber of Commerce for their hard work preparing for the Sylvan Beach Day Festival; Councilmember Kaminski congratulated the Finance Department and thanked the City for the Motorcycle Safety and Awareness Month proclamation and commented the Sylvan Beach Day Festival was a success as a two day event and everyone loved Johnny Lee. Councilmember Kaminski also thanked the City for the support and volunteers for the Sylvan Beach Day Festival and Mayor Rigby also agreed the Sylvan Beach Day Festival was a great event and well attended, and commented the City of La Porte is not in charge of hiring the entertainers but Johnny ; and he congratulated Tori Vidales, La Porte softball player, for the highest batting average in the history of Texas. 11. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 6:35 p.m. MOTION PASSED Councilmember Zemanek seconded. . _______________________________ Patrice Fogarty, City Secretary Passed and approved on May 12, 2014. ________________________________ Mayor Louis R. Rigby Page 4 of 4 April 28, 2014, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Patrice Fogarty Patrice Fogarty Source of Funds:Source of Funds: Requested By: Account Number:Account Number: City Secretary's Office City Secretary's Office Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Lindsay Pfeiffer is the current chair of the Tax Increment Reinvestment Zone.  The ordinance establishing the Lindsay Pfeiffer is the current chair of the Tax Increment Reinvestment Zone.  The ordinance establishing the TIRZ requires the Mayor to annually nominate and appoint the chair, subject to CouncilTIRZ requires the Mayor to annually nominate and appoint the chair, subject to Council’’s approval, for a term of s approval, for a term of one year beginning on the anniversary of the effective date of the ordinance, May 24.  Mayor Rigby has one year beginning on the anniversary of the effective date of the ordinance, May 24.  Mayor Rigby has nominated and appointed Lindsay Pfeiffer as chair, and Mr. Pfeiffer has indicated his willingness to serve. nominated and appointed Lindsay Pfeiffer as chair, and Mr. Pfeiffer has indicated his willingness to serve.  Action Required of Council:Action Required of Council: Consider ratifying and approving the appointment of Lindsay Pfeiffer as chair of the Tax Increment Reinvestment Consider ratifying and approving the appointment of Lindsay Pfeiffer as chair of the Tax Increment Reinvestment Zone for a term of one year beginning on the anniversary of the effective date of the ordinance, May 24. Zone for a term of one year beginning on the anniversary of the effective date of the ordinance, May 24.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A K. Powell K. Powell Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Finance Finance Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Resolution1. Resolution 2. Deed 3. Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale.  The City of La Porte has had the property on our public resale list for more at any time by public or private sale.  The City of La Porte has had the property on our public resale list for more than an adequate amount of time and has received a bid for the minimum bid amount set by the judgment or than an adequate amount of time and has received a bid for the minimum bid amount set by the judgment or higher; at this time we are asking the city council to pass a resolution to approve the sale of the property for the higher; at this time we are asking the city council to pass a resolution to approve the sale of the property for the amount that has been offered. amount that has been offered.    P041 –Lot 6 Block 15 Bayfront to La PorteLot 6 Block 15 Bayfront to La Porte––Offer $1,855.00Offer $1,855.00 (Taxes+Cost $1,855.00)(Taxes+Cost $1,855.00) (Taxes+Cost $1,855.00)(Taxes+Cost $1,855.00) Action Required of Council:Action Required of Council: Consider approval of the Resolution authorizing the sale on the property listed above.Consider approval of the Resolution authorizing the sale on the property listed above. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number (Language pursuant section 11.008 of the Texas Property Code) THE STATE OF TEXAS § § TAX RESALE DEED COUNTY OF HARRIS § KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by BRAD & BRIDGETTE ROWAN S hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1999-18239, styled City of La Porte, et al vs. Fairway Parkway Number One Limited, said property being described as: LOT 6 BLOCK 15 OF BAYFRONT ADDITION TO THE TOWN OF LA PORTE ADDITION IN HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY (ACCOUNT NUMBER 006-105-000-0006). This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said BRAD & BRIDGETTE ROWAN, their heirs and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. Grantees conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and subject to the right of redemption, if any, provided under the Texas Property Tax Code. Grantees acknowledge and agree that this conveyance is expressly made without warranty. 1 This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantees. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the STATE OF TEXAS, COUNTY OF HARRIS has caused these presents to be executed this ________day of ______________________ 2014. CITY OF LA PORTE, TRUSTEE LOUIS R RIGBY MAYOR ACCEPTED: ______________________________ BRAD ROWAN ______________________________ BRIDGETTE ROWAN THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared LOUIS R RIGBY, Mayor of the City of La Porte, known to me to be the person whose name is subscribed to the foregoing instrument, and 2 acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared BRAD ROWAN known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME , the undersigned authority, on this day personally appeared BRIDGETTE ROWAN known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me 3 that he executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________________________, 2014. ________________________________ NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: ____________ After Recording Return To: BRAD & BRIDGETTE ROWAN 816 S UTAH ST LA PORTE, TX 77571 4 LOT 6, BLOCK 15, BAYFRONT TO LA PORTE (006-105-000-0006) PROPERTY LOCATION 1 inch = 200 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Kathy Powell Kathy Powell Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Finance Finance Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Resolution1. Resolution 2. Summary of Foreclosure2. Summary of Foreclosure 3. Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale.  The City of La Porte has had these properties on our public resale list for at any time by public or private sale.  The City of La Porte has had these properties on our public resale list for more than an adequate amount of time and there has been no interest in purchasing the property at the minimum more than an adequate amount of time and there has been no interest in purchasing the property at the minimum bid amount set by the judgment.  At this time we are requesting the City Council to pass a resolution to lower the bid amount set by the judgment.  At this time we are requesting the City Council to pass a resolution to lower the minimum bid, enabling a second public sale by the constableminimum bid, enabling a second public sale by the constable’’s office.  This will hopefully get an interested party to s office.  This will hopefully get an interested party to purchase these properties, so that the property can be taxable again; or possibly developed. purchase these properties, so that the property can be taxable again; or possibly developed.   Section 34.05 (c) The taxing unit purchasing the property by resolution of its governing body may request the  Section 34.05 (c) The taxing unit purchasing the property by resolution of its governing body may request the sheriff or a constable to sell the property at a public sale.  If the purchasing taxing unit has not sold the property sheriff or a constable to sell the property at a public sale.  If the purchasing taxing unit has not sold the property within six months after the date on which the ownerwithin six months after the date on which the owner’’s right of redemption terminates (these properties have past s right of redemption terminates (these properties have past the redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing the redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing the redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing the redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing body may request the sheriff or a constable in writing to sell the property at a public sale.  On receipt of a request body may request the sheriff or a constable in writing to sell the property at a public sale.  On receipt of a request made under this subsection, the sheriff or constable shall sell the property at a public sale as provided by made under this subsection, the sheriff or constable shall sell the property at a public sale as provided by Subsection (d).  The minimum bid was arrived at by either the amount of costs in the judgment or a percentage of the HCAD  The minimum bid was arrived at by either the amount of costs in the judgment or a percentage of the HCAD value.  The goal is to get the property back on the tax roll as taxable property.value.  The goal is to get the property back on the tax roll as taxable property.  P240 –Lot 5D Shady Oaks Subdivision (Costs Lot 5D Shady Oaks Subdivision (Costs ––Improvement removed)Improvement removed) Action Required of Council:Action Required of Council: Consider approval or other action of the Resolution authorizing the constableConsider approval or other action of the Resolution authorizing the constable’’s office to hold a second public sale s office to hold a second public sale on the property listed above.on the property listed above. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate LOT 5D, SHADY OAKS BAYWOOD AVE (077-275-004-0005) N. SHADY LN LN SHADY S. PROPERTY LOCATION 1 inch = 200 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Tim Tietjens Tim Tietjens Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. Deed 3. Area Map3. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Over the years, the City of La Porte has assisted the La Porte Chapter of Bay Area Habitat for Humanity by Over the years, the City of La Porte has assisted the La Porte Chapter of Bay Area Habitat for Humanity by donating numerous tax foreclosure properties or other properties owned by the City, for the purpose of providing donating numerous tax foreclosure properties or other properties owned by the City, for the purpose of providing families of modest means meeting specific income requirements the opportunity to fulfill the dream of home families of modest means meeting specific income requirements the opportunity to fulfill the dream of home ownership.  Home ownership is the single most effective way for many families to build personal wealth.  The ownership.  Home ownership is the single most effective way for many families to build personal wealth.  The Habitat for Humanity program utilizes sweat equity of the recipient families and volunteer labor in construction to Habitat for Humanity program utilizes sweat equity of the recipient families and volunteer labor in construction to achieve affordability and long term success of the recipients.achieve affordability and long term success of the recipients.  At this time, the Bay Area Habitat for Humanity has requested the City provide two additional building sites to  At this time, the Bay Area Habitat for Humanity has requested the City provide two additional building sites to facilitate construction of two more homes over the next program year.  The foreclosure list no longer has sites facilitate construction of two more homes over the next program year.  The foreclosure list no longer has sites available in the Northside Neighborhood that are of buildable size with utilities, therefore the sites proposed here available in the Northside Neighborhood that are of buildable size with utilities, therefore the sites proposed here are nearby, but outside of the Northside Neighborhood. Additional sites are under review and will be presented to are nearby, but outside of the Northside Neighborhood. Additional sites are under review and will be presented to are nearby, but outside of the Northside Neighborhood. Additional sites are under review and will be presented to are nearby, but outside of the Northside Neighborhood. Additional sites are under review and will be presented to Council for consideration at a future date.Council for consideration at a future date.     Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance authorizing the Mayor to execute a Special Warranty Deed for Consider approval or other action of an ordinance authorizing the Mayor to execute a Special Warranty Deed for Lots 19 & 20, Block 71, Bayfront to La Porte, and Lots 14 & 15, Block 127, Town of La Porte, to the Bay Area Lots 19 & 20, Block 71, Bayfront to La Porte, and Lots 14 & 15, Block 127, Town of La Porte, to the Bay Area Habitat for Humanity, for the purpose of providing construction sites for two affordable homes.Habitat for Humanity, for the purpose of providing construction sites for two affordable homes. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR Date: May ___, 2014 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation. Mailing Address: 604 West Fairmont Parkway, La Porte, Texas 77571 Grantee: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY HOUSTON, INC. Mailing Address: P.O. BOX 1284, Dickinson, Texas 77530 Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable consideration Property (including any improvements): Tract 1: LOTS FOURTEEN (14) AND FIFTEEN (15), BLOCK ONE HUNDRED TWENTY- SEVEN (127), OF THE TOWN OF LA PORTE, A SUBDIVISION IN HARRIS COUNTY, TEXAS AS SHOWN ON THE MAP OR PLAT THEREOF RECORDED IN THE MAP OR DEED RECORDS OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 023-229-027-0014) Tract 2: LOTS NINETEEN (19) AND TWENTY (20), BLOCK SEVENTY-ONE (71) OF BAYFRONT ADDITION, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 85, PAGE 440, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. (ACCOUNT NUMBER 006-161-000-0019) Reservations from and Exception to Conveyance and Warranty: Taxes for the current year are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, application to enforcement against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. CITY OF LA PORTE, TEXAS By: __________________________________________ LOUIS R. RIGBY Mayor ATTEST: ___________________________________ City Secretary STATE OF TEXAS § § COUNTYOF HARRIS § This instrument was acknowledged before me on the ____ day of MAY, 2014, by LOUIS R. RIGBY, Mayor of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Askins & Askins, P.C. Askins & Askins, P.C. P.O. BOX 1218 P.O. BOX 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 AREA MAP TE. MADISON W MADISON S W TYLER ST W POLK ST W MAIN ST TRACT 2 W A ST W B ST W C ST GALVESTON BAY W D ST TRACT 1 W E ST W F ST W G ST W H ST W I ST 1 inch = 784 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Jeff Suggs Jeff Suggs Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS There are two Whelen towers that are in need of repair at this time.  One tower was struck by lightning and There are two Whelen towers that are in need of repair at this time.  One tower was struck by lightning and another had its controller box components eaten by ants.  The LEPC has agreed to fund the repair of one tower.   another had its controller box components eaten by ants.  The LEPC has agreed to fund the repair of one tower.   The total requested for these emergency repairs is $15,000 from the General Fund contingency amount, which will The total requested for these emergency repairs is $15,000 from the General Fund contingency amount, which will cover the repair of the remaining tower and leave funds available to address any other maintenance issues this cover the repair of the remaining tower and leave funds available to address any other maintenance issues this summer.  The Council initially considered this request as part of the Quarterly Budget amendment on April 28, summer.  The Council initially considered this request as part of the Quarterly Budget amendment on April 28, 2014.  Additional information was requested regarding the insurance coverage for the towers. 2014.  Additional information was requested regarding the insurance coverage for the towers.   After confirming with Human Resources, the coverage for the towers is as follows: After confirming with Human Resources, the coverage for the towers is as follows: The towers are covered as real property under the CityThe towers are covered as real property under the City’’s TML coverage and each tower shows a s TML coverage and each tower shows a replacement cost of $33,000. replacement cost of $33,000. replacement cost of $33,000. replacement cost of $33,000. There is a $25,000 deductible per occurrence for the towers. There is a $25,000 deductible per occurrence for the towers. The City has additional coverage for flood and earthquake and that deductible is $25,000 per occurrence as The City has additional coverage for flood and earthquake and that deductible is $25,000 per occurrence as well. The City has additional named storm coverage for flood only with a 1% deductible for each covered unit. The City has additional named storm coverage for flood only with a 1% deductible for each covered unit.  Staff also inquired as to what it would cost to pull the towers from the overall City coverage and carry them as a  Staff also inquired as to what it would cost to pull the towers from the overall City coverage and carry them as a stand alone policy.  The cost, as estimated by TML, could be as much as 50% of the current premium for the stand alone policy.  The cost, as estimated by TML, could be as much as 50% of the current premium for the towers, or approximately $40,000. towers, or approximately $40,000.   Staff recommends approving this expenditure as part of the quarterly budget amendment. Staff recommends approving this expenditure as part of the quarterly budget amendment. Action Required of Council:Action Required of Council: Consider approval or other action to amend the budget to include an expenditure of $15,000 for Whelen tower Consider approval or other action to amend the budget to include an expenditure of $15,000 for Whelen tower repair and maintenance.   repair and maintenance.    Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Bob Eng Bob Eng Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Memo1. Memo--Building Codes Appeals Board Building Codes Appeals Board approvalapproval 2. Ordinance2. Ordinance 3. Ordinance showing changes3. Ordinance showing changes 4. Wind Load Comparison Table4. Wind Load Comparison Table SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City recently adopted the 2012 Editions of both the International Residential Code (IRC) and the International The City recently adopted the 2012 Editions of both the International Residential Code (IRC) and the International Building Code (IBC) from the previous 2009 Editions regulating the design and construction of buildings and Building Code (IBC) from the previous 2009 Editions regulating the design and construction of buildings and structures within the City limits.structures within the City limits.  The 2012 adopted International Residential Code established a wind speed criteria for design, based upon a series  The 2012 adopted International Residential Code established a wind speed criteria for design, based upon a series of maps that vary by proximity to the coast. The City adopted a local amendment specifying that a wind design of of maps that vary by proximity to the coast. The City adopted a local amendment specifying that a wind design of 120 mph would be used in lieu of choosing a wind speed number from a map. The chosen IRC design wind speed 120 mph would be used in lieu of choosing a wind speed number from a map. The chosen IRC design wind speed affects the design of a structure as a variable in the design calculations. The 2012 IRC allows two separate affects the design of a structure as a variable in the design calculations. The 2012 IRC allows two separate methodologies for utilizing this wind speed in calculating the design wind forces based upon formulas of the methodologies for utilizing this wind speed in calculating the design wind forces based upon formulas of the American Society of Civil Engineers (ASCE). The first allowable method is based on the ASCE 7American Society of Civil Engineers (ASCE). The first allowable method is based on the ASCE 7American Society of Civil Engineers (ASCE). The first allowable method is based on the ASCE 7American Society of Civil Engineers (ASCE). The first allowable method is based on the ASCE 7----5 (year 2005) 5 (year 2005) 5 (year 2005) 5 (year 2005) formula and the second newly adopted method is based on the ASCE 7formula and the second newly adopted method is based on the ASCE 7--10 (year 2010) formula. These two 10 (year 2010) formula. These two formulas appear similar but utilize the wind speed variable quite differently. Therefore the adopted 120 mph wind formulas appear similar but utilize the wind speed variable quite differently. Therefore the adopted 120 mph wind speed cannot be used interchangeably in the calculation of the resultant design wind forces. To achieve the speed cannot be used interchangeably in the calculation of the resultant design wind forces. To achieve the equivalent of the 2009 effective 120 mph wind speed for the use in the formula utilizing ASCE 7equivalent of the 2009 effective 120 mph wind speed for the use in the formula utilizing ASCE 7--10, it would need 10, it would need to be specified to at least 150 mph under the 2012 amendment.   to be specified to at least 150 mph under the 2012 amendment.     The International Building Code specifies the use of only the ASCE 7 The International Building Code specifies the use of only the ASCE 7--10 formula for wind load calculations and 10 formula for wind load calculations and the proposed amendment drops the 120 mph wind specified by the current Ordinance and replaces it with 150 the proposed amendment drops the 120 mph wind specified by the current Ordinance and replaces it with 150 mph. Using 150 mph wind speeds in the procedure outlined by ASCE 7mph. Using 150 mph wind speeds in the procedure outlined by ASCE 7--10 is nearly the equivalent of using 120 10 is nearly the equivalent of using 120 mph with the older ASCE 7mph with the older ASCE 7--5 formula used with the 2009 codes.  5 formula used with the 2009 codes.    The Planning Department is recommending, as approved by the Building Code Appeals Board, the amendments  The Planning Department is recommending, as approved by the Building Code Appeals Board, the amendments to the Ordinance, which relate to wind design speed and the associated charts and notes referenced by the 2012 to the Ordinance, which relate to wind design speed and the associated charts and notes referenced by the 2012 IRC and IBC.                   Action Required of Council:Action Required of Council:   Consider approval or other action regarding proposed amendments to the International Residential Code and the   Consider approval or other action regarding proposed amendments to the International Residential Code and the International Building Code to correct the existing Ordinance specifying wind speed to be used for the design of International Building Code to correct the existing Ordinance specifying wind speed to be used for the design of residential and commercial buildings.   residential and commercial buildings.    Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Supplemental Explanation of Table Table Column 1 -shows design case used as the basis for the calculations Column 2 - shows the different construction element for which the wind load was calculated Column 3 -shows the calculated wind loads using the 2009 codes with local amendment of 120 mph. Column 4 - shows the calculated wind loads using the 2012 codes with the current local amendment of 120 mph. Column 5 -shows the calculated wind loads using the 2012 codes with a local amendment stating the wind speeds to be used for the three maps. This approach basically does not allow interpolation on the wind maps since the higher wind line is used. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: P. Fogarty P. Fogarty Requested By: Account Number:Account Number: City Secretary's Office City Secretary's Office Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other:N/A N/A Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Report1. Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Sherman Moore tendered his resignation as Alternate 1 on the Zoning Board of Adjustment.  This item is before Sherman Moore tendered his resignation as Alternate 1 on the Zoning Board of Adjustment.  This item is before Council to consider appointing someone to the Alternate 1 position. Council to consider appointing someone to the Alternate 1 position.  What Council has done on some committees in the past is move the Alternate 2 person up to the Alternate 1 What Council has done on some committees in the past is move the Alternate 2 person up to the Alternate 1 position, and then appoint a new Alternate 2 person.  The current Alternate 2 person is Nettie Warren.  However, position, and then appoint a new Alternate 2 person.  The current Alternate 2 person is Nettie Warren.  However, it is Council’s decision on how to handle it and whether Council decides to move the Alternate 2 person up.  s decision on how to handle it and whether Council decides to move the Alternate 2 person up.  Alternates are required to attend the meetings, but do not vote unless filling an absence of a regular member or the Alternates are required to attend the meetings, but do not vote unless filling an absence of a regular member or the chairman.  If an absence occurs, Alternate 1 takes that spot and can vote.  If a second absence occurs, Alternate chairman.  If an absence occurs, Alternate 1 takes that spot and can vote.  If a second absence occurs, Alternate 2 takes that spot and can vote. 2 takes that spot and can vote.  ZBOA Alternate 1 and Alternate 2 terms end August 31, 2014.  Therefore, both of these will come before you ZBOA Alternate 1 and Alternate 2 terms end August 31, 2014.  Therefore, both of these will come before you ZBOA Alternate 1 and Alternate 2 terms end August 31, 2014.  Therefore, both of these will come before you ZBOA Alternate 1 and Alternate 2 terms end August 31, 2014.  Therefore, both of these will come before you again later on in the summer when we bring you an item for appointments or reappointments of board members again later on in the summer when we bring you an item for appointments or reappointments of board members with expiring terms of 08/31/14. with expiring terms of 08/31/14.  Action Required of Council:Action Required of Council: Consider making an appointment to fill the vacancy in the ZBOA Alternate Position 1. Consider making an appointment to fill the vacancy in the ZBOA Alternate Position 1.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Zoning Board of Adjustment: Position 1 Chester Pool 2015 Position 2 T.J. Walker 2015 Position 3 Rod Rothermel 2015 Position 4 Charles Schoppe 2015 Position 5 Lawrence McNeal 2015 Alternate 1 Vacant 2014 Alternate 2 Nettie Warren 2014 Applicants Sapphire King (7/13) Rick Helton (6/13) Code of Ordinances Sec. 106-86. Organization. There is hereby created a board of adjustment consisting of five regular members and two alternates (alternate position 1 and alternate position 2) who are citizens of the city and who are not members of the city council or the city planning and zoning commission, each to be appointed by the city council for a term of three years and removable for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the zoning board of adjustment shall be heard by a minimum of four members. The two alternate members are required to attend all meetings in the same manner as the regular members of the board. Alternate members shall not vote unless filling an absence of a regular member or the chairman. If a regular member or the chairman is absent from a meeting, alternate position 1 shall take his place. If a second regular member and/or the chairman is absent from a meeting, alternate position 2 shall take his place. Sec. 106-88. Powers and duties. The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the enforcement officer in the enforcement of this chapter. (2) To hear and decide special exceptions to the terms of this chapter upon which it is required to pass under section 106-191 (3) To authorize upon appeal in specific cases such variance as defined in section 106-192 from the terms of the chapter, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed. Sec. 106-89. Appeals to board of adjustment. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or board, of the city affected by any decision of the enforcement officer. Such appeal shall be taken within 30 days as provided by the rules of procedure of the board of adjustment, by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. (1) When appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcement officer from whom the appeal is taken certifies to the board of adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice of the enforcement officer from whom the appeal is taken and on due cause shown. (2) Time for and notice of hearing of appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. (3) Action on appeal. In exercising the powers set forth in section 106-88, the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The board must find the following in order to grant an appeal: a. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interruption of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c. The decision of the board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A C. Alexander C. Alexander Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS On December 9, 2013 Council passed a resolution supporting the Ike Dike Project On December 9, 2013 Council passed a resolution supporting the Ike Dike Project ––a coastal barrier to protect a coastal barrier to protect the Houston-Galveston region, including Galveston Bay, from storm surges.Galveston region, including Galveston Bay, from storm surges.   To assist moving forward with the project, Texas A&M UniversityTo assist moving forward with the project, Texas A&M University--Galveston now respectfully requests the Galveston now respectfully requests the financial support of the City of La Porte for FY 2014financial support of the City of La Porte for FY 2014--2015.  These funds will help pay for a number of necessary 2015.  These funds will help pay for a number of necessary studies to enable future approval and funding for the project from Federal, State, and local sources.  These studies studies to enable future approval and funding for the project from Federal, State, and local sources.  These studies include: Economic Study With Special Emphasis on Petrochemical Industry Economic Study With Special Emphasis on Petrochemical Industry Economic Study With Special Emphasis on Petrochemical Industry Economic Study With Special Emphasis on Petrochemical Industry Modeling to Inform the Economic Study and Barrier Design  Modeling to Inform the Economic Study and Barrier Design  And to Understand Better Galveston BayAnd to Understand Better Galveston Bay’’s Roles s Roles Test Barrier Conceptual Designs Test Barrier Conceptual Designs Including Landscape Integration Including Landscape Integration Generate Better Cost Estimates Generate Better Cost Estimates Calculate Cost/Benefit Ratios Calculate Cost/Benefit Ratios   Staff is seeking Council direction on whether to contribute funding for these studies and if so, in what amount. Staff is seeking Council direction on whether to contribute funding for these studies and if so, in what amount.  __________________________________________________________________________________________________________________________________________________________ Action Required of Council:Action Required of Council: Consider approval or other action to fund studies for the Ike Dike.Consider approval or other action to fund studies for the Ike Dike. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM May 12, 2014May 12, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Traci Leach Traci Leach Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Administration Administration Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Safe Sidewalk Project1. Safe Sidewalk Project SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS At the April 12, 2014 Council Retreat, Council requested additional information on several topics.  This agenda At the April 12, 2014 Council Retreat, Council requested additional information on several topics.  This agenda item will provide updated information based on the additional research completed on the following Retreat items:item will provide updated information based on the additional research completed on the following Retreat items: Safe Sidewalk Program Phasing:  The total cost for the safe sidewalks, as presented at the Retreat, was Safe Sidewalk Program Phasing:  The total cost for the safe sidewalks, as presented at the Retreat, was just over $1.1 million.  After reviewing the locations, staff recommends phasing the construction of sidewalk just over $1.1 million.  After reviewing the locations, staff recommends phasing the construction of sidewalk segments.  Please refer to the attached map for the segments referred to in this section.  This project would segments.  Please refer to the attached map for the segments referred to in this section.  This project would be funded through the General Fund CIP.  be funded through the General Fund CIP.  Year 1:  The Park Street connector to La Porte High School (Segment 2) and the sidewalk Year 1:  The Park Street connector to La Porte High School (Segment 2) and the sidewalk connecting Summer Winds and Creekmont to Lomax Junior High (Segment 1).  These 2 sidewalks connecting Summer Winds and Creekmont to Lomax Junior High (Segment 1).  These 2 sidewalks will cost approximately $745,000.  will cost approximately $745,000.  Year 2:  East C Street from San Jacinto to Iowa (Segment 4) and East F Street from San Jacinto to Year 2:  East C Street from San Jacinto to Iowa (Segment 4) and East F Street from San Jacinto to Year 2:  East C Street from San Jacinto to Iowa (Segment 4) and East F Street from San Jacinto to Year 2:  East C Street from San Jacinto to Iowa (Segment 4) and East F Street from San Jacinto to Kansas (Segment 5).  Both sidewalk segments would connect to La Porte Elementary and Junior Kansas (Segment 5).  Both sidewalk segments would connect to La Porte Elementary and Junior rdrd High.  The third sidewalk included in this phase is South 3High.  The third sidewalk included in this phase is South 3 Street from Fairmont to the Little Cedar Street from Fairmont to the Little Cedar Bayou bridge (Segment 3), which will connect the neighborhood north of Fairmont to the Recreation Bayou bridge (Segment 3), which will connect the neighborhood north of Fairmont to the Recreation Center, Wave Pool, and Dog Park.  These 3 sidewalks will cost approximately $131,000. Center, Wave Pool, and Dog Park.  These 3 sidewalks will cost approximately $131,000. Year 3:  Iowa from East Main Street to East E Street (Segment 6) and Bayside from Old Hwy 146 Year 3:  Iowa from East Main Street to East E Street (Segment 6) and Bayside from Old Hwy 146 to Fondren (Segment 9).  These 2 sidewalks will cost approximately $160,000. to Fondren (Segment 9).  These 2 sidewalks will cost approximately $160,000. ththststth Year 4:   West H Street from 7Year 4:   West H Street from 7 Street to S. 1 Street to S. 1 Street (Segment 8) and West D Street from 7 Street (Segment 8) and West D Street from 7 Street to Broadway (Segment 7).  These 2 sidewalks will cost approximately $140,000. Street to Broadway (Segment 7).  These 2 sidewalks will cost approximately $140,000. As a final note on the Safe Sidewalk Program, it is possible to consolidate the first part of this As a final note on the Safe Sidewalk Program, it is possible to consolidate the first part of this program into just two years, with Year 1 as outlined above and combining Years 2program into just two years, with Year 1 as outlined above and combining Years 2--4 into a single 4 into a single phase with a budget of $431,000.  phase with a budget of $431,000.  Council Chamber Menu of Improvements:  The improvements that may be possible for the Council Chamber Menu of Improvements:  The improvements that may be possible for the Chambers include the following options.  All improvements would be funded through the General Chambers include the following options.  All improvements would be funded through the General Fund. Fund. New Dais:  $18,000 New Dais:  $18,000 Custom Dais: $10,000 Custom Dais: $10,000 New Monitors:  $3,000 New Monitors:  $3,000 Electrical/AV Upgrades:  $5,000 Electrical/AV Upgrades:  $5,000 New Paint:  $3,750 New Paint:  $3,750 Over-sized monitors on back wall to accommodate audience and show presenter:  $14,800 sized monitors on back wall to accommodate audience and show presenter:  $14,800 Two 80Two 80””TVs on back wall:  $8,000 TVs on back wall:  $8,000 Installation and programming:  $5,000 Installation and programming:  $5,000 Camera facing the Presenter:  $1,800 Camera facing the Presenter:  $1,800 TV’s facing Council to eliminate the small dais monitors:  $3,500 s facing Council to eliminate the small dais monitors:  $3,500 Three 50Three 50””ceiling mounted monitors:  $1,500 ceiling mounted monitors:  $1,500 Electrical/AV/Bracketing:  $2,000 Electrical/AV/Bracketing:  $2,000 New Seating:  $7,045 New Seating:  $7,045 New Carpet:  $9,376 New Carpet:  $9,376 Tourism Initiatives:  After brainstorming additional ideas for tourism promotion, staff would like to propose Tourism Initiatives:  After brainstorming additional ideas for tourism promotion, staff would like to propose two events for the Hotel Motel Fund for next fiscal year. two events for the Hotel Motel Fund for next fiscal year. Jake Worthington ConcertJake Worthington Concert-- $100,000:  Staff is proposing a concert featuring Jake Worthington, an $100,000:  Staff is proposing a concert featuring Jake Worthington, an opening act, and fireworks.  The Hotel Motel Fund would provide the seed money for the event.  At opening act, and fireworks.  The Hotel Motel Fund would provide the seed money for the event.  At this time, staff is proposing an admission fee between $10 and $20 per adult, which has the potential this time, staff is proposing an admission fee between $10 and $20 per adult, which has the potential to fully reto fully re--pay the Hotel Fund given Jakepay the Hotel Fund given Jake’’s popularity from the show.  Under this scenario, it is s popularity from the show.  Under this scenario, it is proposed that La Porte residents would pay a reduced admission from nonproposed that La Porte residents would pay a reduced admission from non--La Porte residents.  La Porte residents.  Mardi Gras on Main StreetMardi Gras on Main Street-- $25,000:  Staff is proposing a Mardi Gras on Main Street event.  The $25,000:  Staff is proposing a Mardi Gras on Main Street event.  The oneone--day event would feature music, food vendors highlighting Main Street restaurants and other day event would feature music, food vendors highlighting Main Street restaurants and other restaurants in La Porte, and other activities.  restaurants in La Porte, and other activities.  The budget was developed based on discussions with The budget was developed based on discussions with City of Kerrville that hosts a similar type event each year.  Staff is proposing to host this event the City of Kerrville that hosts a similar type event each year.  Staff is proposing to host this event the week after Mardi Gras. week after Mardi Gras. Action Required of Council:Action Required of Council: Provide direction on the proposed budget items for the FY 2015 budget.Provide direction on the proposed budget items for the FY 2015 budget. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 4102-52-3 FO SA TCEJORP LLIF-NI KLAWEDIS EDIW-YTIC Council Agenda Item May 12, 2014 8. (a)Receive report of La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item May 12, 2014 May 12, 2014 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Planning and Zoning Commission Meeting, Thursday, May 15, 2014Planning and Zoning Commission Meeting, Thursday, May 15, 2014 • Memorial Day Observed, Monday, May 26, 2014Memorial Day Observed, Monday, May 26, 2014 • La Porte Development Corporation Board Meeting, Monday, June 9, 2014La Porte Development Corporation Board Meeting, Monday, June 9, 2014 • City Council Meeting, Monday, June 9, 2014City Council Meeting, Monday, June 9, 2014 • City Council Meeting, Monday, June 23, 2014City Council Meeting, Monday, June 23, 2014 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 11.COUNCIL COMMENTSCOUNCIL COMMENTS members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies or existing policies or existing policies ––Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor RigbyZemanek and Mayor Rigby   ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item May 12, 2014 May 12, 2014 12.EXECUTIVE SESSIONEXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need 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 arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, in accordance with the authority contained in:Code, in accordance with the authority contained in: Texas Government Code Section 551.072 Texas Government Code Section 551.072 -- Deliberation regarding the purchase, exchange, lease or Deliberation regarding the purchase, exchange, lease or value of real property: Discuss contract of sale for former Parks and Wildlife Buildingvalue of real property: Discuss contract of sale for former Parks and Wildlife Building Texas Government Code Section 551.07 Texas Government Code Section 551.07 -- Deliberation regarding the purchase, exchange, lease or Deliberation regarding the purchase, exchange, lease or value of real property: Discuss appraisal, purchase offer for City Airport Propertyvalue of real property: Discuss appraisal, purchase offer for City Airport Property Texas Government Code, Section 551.074 Texas Government Code, Section 551.074 -- Personnel Matters: Deliberation concerning the Personnel Matters: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manageror employee: Corby Alexander, City Manageror employee: Corby Alexander, City Manageror employee: Corby Alexander, City Manager into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive 13.RECONVENERECONVENE session. session. ****************************************************************** ******************************************************************