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HomeMy WebLinkAbout07-14-14 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 Mayor Pro-TemCouncilmember District 5Councilmember District 5 Councilmember At Large BCouncilmember At Large B MIKE CLAUSEN Councilmember District 6Councilmember District 6 DANNY EARP Councilmember District 1Councilmember District 1 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 July 14, 2014, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held July 14, 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 Don Hill, La Porte InterChurch Council.The invocation will be given by Don Hill, La Porte InterChurch Council. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led Councilmember Mike Clausen.The Pledge of Allegiance will be led Councilmember Mike Clausen. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONS (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS 6.6.CONSENT AGENDACONSENT AGENDACONSENT 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 regular city council meeting Consider approval or other action regarding the minutes of the regular city council meeting (a) held on June 23, 2014 held on June 23, 2014 -- P. Fogarty P. Fogarty Consider approval or other action awarding Bid No. 14024 for Ready Mix Concrete to Dorsett Consider approval or other action awarding Bid No. 14024 for Ready Mix Concrete to Dorsett (b) in the amount of $79,610 with a total authorization of $87,510, including a 10% in the amount of $79,610 with a total authorization of $87,510, including a 10% contingency contingency -- D. Mick D. Mick (postponed at the June 23, 2014 meeting)(postponed at the June 23, 2014 meeting) Consider approval or other action repealing Ordinance 2010Consider approval or other action repealing Ordinance 2010--33 and designating the Bay Area 33 and designating the Bay Area (c) Observer as the City's official newspaper for legal advertisement Observer as the City's official newspaper for legal advertisement (postponed at the June (postponed at the June -- T. Leach T. Leach 23, 2014 meeting)23, 2014 meeting) 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning (a) Commission to approve Rezone Request #14Commission to approve Rezone Request #14--92000001, rezoning property from General 92000001, rezoning property from General Commercial (GC) to Low Density Residential (RCommercial (GC) to Low Density Residential (R--1) 1) -- E. Ensey E. Ensey Consider approval or other action regarding an Ordinance amending Chapter 106, Zoning of Consider approval or other action regarding an Ordinance amending Chapter 106, Zoning of (b) the Code of Ordinances of the City of La Porte by changing the zoning classification for a .809 the Code of Ordinances of the City of La Porte by changing the zoning classification for a .809 acre tract of land on Farrington Boulevard just north and east of Fairmont Parkway from acre tract of land on Farrington Boulevard just north and east of Fairmont Parkway from General Commercial (GC) to Low Density Residential (RGeneral Commercial (GC) to Low Density Residential (R--1) 1) -- E. Ensey E. Ensey 8.AUTHORIZATIONSAUTHORIZATIONS Consider approval or other action authorizing the City Manager to enter into a Professional Consider approval or other action authorizing the City Manager to enter into a Professional (a) Services Agreement with Shrader Engineering in the amount of $18,268 for design and basic Services Agreement with Shrader Engineering in the amount of $18,268 for design and basic construction coordination services for Phase 1 of the Hillridge Water Plant Improvements construction coordination services for Phase 1 of the Hillridge Water Plant Improvements including new controls for City Water Well Nos. 1 and 2 and increase the Fiscal Year 2014 including new controls for City Water Well Nos. 1 and 2 and increase the Fiscal Year 2014 budget for Phase 1 improvements to the Hilldridge Water Plant from $231,000 to $306,000 budget for Phase 1 improvements to the Hilldridge Water Plant from $231,000 to $306,000 - D. MickD. Mick Consider approval or other action of a Paying Agent/Registrar Agreement of Resignation, Consider approval or other action of a Paying Agent/Registrar Agreement of Resignation, (b) Appointment and Acceptance with Amegy Bank to serve as paying agent for the City's Appointment and Acceptance with Amegy Bank to serve as paying agent for the City's outstanding bonds outstanding bonds -- M. Dolby M. Dolby 9.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION Discussion or other action regarding Sylvan Beach Pier Night Fishing Fees Discussion or other action regarding Sylvan Beach Pier Night Fishing Fees -- S. Barr S. Barr (a) 10.REPORTSREPORTS Receive report of La Porte Development Corporation Board Receive report of La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken (a) Receive report of the Economic Alliance Houston Port Region Receive report of the Economic Alliance Houston Port Region -- S. Livingston S. Livingston (b) Receive report on Adoption Center and Animal Shelter Receive report on Adoption Center and Animal Shelter -- R. McPhail R. McPhail (c) 11.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, • Wednesday, July 23, 2014Wednesday, July 23, 2014 Meet and Confer Meeting, Tuesday, July 22, 2014Meet and Confer Meeting, Tuesday, July 22, 2014 • City Council Meeting, Monday, July 28, 2014City Council Meeting, Monday, July 28, 2014 • Wrecker Committee Meeting, Tuesday, July 29, 2014Wrecker Committee Meeting, Tuesday, July 29, 2014 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 12.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 Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyEngelken, Earp and Mayor Rigby   13.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 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 July 14, 2014, agenda of items to be considered by the City Council was posted on the City Hall I certify that a copy of the July 14, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on July 8, 2014 .bulletin board on July 8, 2014 . Council Agenda Item Council Agenda Item July 14, 2014 July 14, 2014 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Don Hill, La Porte InterChurch Council.The invocation will be given by Don Hill, La Porte InterChurch Council. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led Councilmember Mike Clausen.The Pledge of Allegiance will be led Councilmember Mike Clausen. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONS (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item July 14, 2014 July 14, 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 regular city council meeting Consider approval or other action regarding the minutes of the regular city council meeting (a) held on June 23, 2014 held on June 23, 2014 -- P. Fogarty P. Fogarty Consider approval or other action awarding Bid No. 14024 for Ready Mix Concrete to Dorsett Consider approval or other action awarding Bid No. 14024 for Ready Mix Concrete to Dorsett (b) in the amount of $79,610 with a total authorization of $87,510, including a 10% in the amount of $79,610 with a total authorization of $87,510, including a 10% contingency contingency -- D. Mick D. Mick (postponed at the June 23, 2014 meeting)(postponed at the June 23, 2014 meeting) Consider approval or other action repealing Ordinance 2010Consider approval or other action repealing Ordinance 2010--33 and designating the Bay Area 33 and designating the Bay Area (c) Observer as the City's official newspaper for legal advertisement Observer as the City's official newspaper for legal advertisement (postponed at the June (postponed at the June -- T. Leach T. Leach 23, 2014 meeting)23, 2014 meeting) ****************************************************************** ****************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Mayor Pro Tem Councilmember District 5 Councilmember At Large B MIKE CLAUSEN DANNY EARP Councilmember District 6 Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 23, 2014 Monday, June 23, 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, Engelken, Earp, Zemanek, Moser and Martin. Absent: Councilmember Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Danny Earp. 4.PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the regular city council meeting held on June 9, 2014. P. Fogarty (b ) Consider approval or other action awarding Bid No. 14024 for Ready Mix Concrete to Dorsett in the amount of $79,610 with a total authorization of $87,510, including a 10% contingency D. Mick Regarding Item B, Councilmember Earp asked if the City should be concerned with Dorsett note in the bid that they do not guarantee temperature. Public Works Director Dave Mick responded that staff will check into Dorsett not guaranteeing the temperature and report back to Council. Councilmember Zemanek remarked that if the temperature is a concern of the City and the contract has already been awarded, what is the next step. Mr. Mick responded if a change is required in the bid price, the City would seek to rebid. 15 Page of June 23, 2014, Council Meeting Minutes Mayor Rigby asked City Manager Corby Alexander if they would like to table Item B until the July 14, 2014, meeting, and bring back the answers. City Manager Corby Alexander responded, yes. 25 Page of June 23, 2014, Council Meeting Minutes Councilmember Engelken moved to approve the Consent Item A pursuant to staff recommendations. MOTION PASSED. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Zemanek, Kaminski, Earp, Moser and Martin Nays: None Absent: Councilmember Leonard Councilmember Clausen moved to postpone Consent Item 5(b) until the July 14, 2014, meeting. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Engelken, Zemanek, Kaminski, Earp, Moser and Martin Nays: None Absent: Councilmember Leonard 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding La Porte Fire Control, Prevention and sed budget for the fiscal year which begins October 1, 2014 D. Ladd The public hearing was opened at 6:06 p.m. Assistant Fire Chief Donald Ladd presented a summary. Public Comments: Chuck Rosa, 812 S. Virginia, addressed Council with inquires of the account for personnel in the Fire Department. Mayor Rigby advised the public hearing is for the La Porte Fire Control, Prevention and Emergency Medical Services District and the funding of personnel for the Fire Department and other emergency services departments will be discussed at the budget meeting coming up in August. There being no other public comments, the public hearing closed at 6:21 p.m. (b) Consider approval or other action regarding the La Porte Fire Control, Prevention and Emergency gins October 1, 2014 D. Ladd Councilmember Engelken moved to approve the La Porte Fire Control, Prevention and Emergency ed budget for the fiscal year which begins October 1, 2014. MOTION PASSED. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski, Engelken, Zemanek, Earp and Martin Nays: None Absent: Councilmember Leonard 7. AUTHORIZATIONS (a) Consider approval or other action repealing Ordinance 2010-33 and designating the Bay Area T. Leach 35 Page of June 23, 2014, Council Meeting Minutes City Manager Corby Alexander requested Council to postpone the item until the July 14, 2014, meeting due to questions on items submitted to staff. Staff will bring responses to Council at the next meeting. Councilmember Engelken moved to postpone the item until the July 14, 2014, meeting. Councilmember Kaminski seconded. Councilmember Zemanek questioned what information was requested, and who requested the information. City Manager Corby Alexander responded there were questions from a conversation he had this morning with Mayor Rigby regarding the accuracy of the stated numbers of circulation and distribution. Mr. Alexander advised staff will verify the numbers submitted are correct. MOTION PASSED. Action on the motion was taken. Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski, Engelken, Earp and Martin Nays: Councilmember Zemanek Absent: Councilmember Leonard 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding an appointment to fill the vacancy for the alternate position of the Drainage and Flooding Committee P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Kaminski moved to volunteer to fill the vacancy for the alternate position on the MOTION PASSED. Drainage and Flooding Committee. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Moser, Clausen, Kaminski, Engelken, Zemanek, Earp, and Martin Nays: None Absent: Councilmember Leonard 9. REPORTS (a) Receive Drainage Report B. Eng City Engineer Bob Eng provided the Drainage Report. Councilmember Martin requested City Engineer Bob Eng to elaborate on the issues Harris County Flood Control District has with the pedestrian bridge at the Lakes at Fairmont Green. Mr. Eng responded he understands the issue to be getting their equipment to maintain the ditch around or under the pedestrian bridge and looking at the right-of-way and maintenance of the ditch he believes the issue can be resolved after he verifies the equipment being used. Councilmember Martin asked if it is Harris esponsibility to maintain the area beneath the ditch. Mr. Eng responded that is his understanding. Councilmember Martin then commented he had been contacted by a citizen in regards to the Corps of Engineers dredging permit at the Bayport Channel. The citi the need to dredge the west end of the channel where there is a natural flow of water to upper Taylor Lake that has been blocked resulting in flooding on S. Shady Lane and the permit not addressing the issue. Councilmember Martin requested City Engineer Bob Eng investigate the concern with the Corps of Engineer. Mr. Eng said he would. 45 Page of June 23, 2014, Council Meeting Minutes (b) Receive the Planning and Department Audit Report T. Tietjens Planning and Development Director Tim Tietjens provided the Planning Department Quarterly Audit Report. 10. ADMINISTRATIVE REPORTS (a) Receive report from City Manager July 4, 2014, Friday, Holiday La Porte Development Corporation Board Meeting, Monday, July 14, 2014 City Council Meeting, Monday, July 14, 2014 Fiscal Affairs Committee Meeting, Monday, July 28, 2014 City Council Meeting, Monday, July 28, 2014 There were no additional reports from City Manager Corby Alexander. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers, Earp, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor Rigby. Councilmember Moser commented there was a nice turnout for the Juneteenth festivities, thanked Council for attending the event and sent Hats off to the La Porte Community Civic Club for their hard work every year. Councilmember Moser also asked the Mayor if someone from his office would send a letter to La Porte Independent School District Board regarding alleged reports from the Board of the City of La Porte being unethical. Mayor Rigby commented the Juneteenth festivities were well attended and reported the Triathlon had its first Youth Triathlon last Saturday and the adults held their Triathlon the following Sunday and it was a great event. 13. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 6:36 p.m. MOTION PASSED Councilmember Zemanek seconded. . _______________________________ Patrice Fogarty, City Secretary Passed and approved on July 14, 2014. ________________________________ Mayor Louis R. Rigby Page 5 of 5 June 23, 2014, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Street Tax, Street Tax, David Mick David Mick Requested By: Drainage, General Drainage, General Source of Funds:Source of Funds: Public Works Public Works Department: Fund Fund Report:Resolution:Resolution:Ordinance:Ordinance: Account Number:Account Number: Other: 25,000 FY 14 25,000 FY 14 Amount Budgeted:Amount Budgeted: 62,510 & 87, 510 FY 62,510 & 87, 510 FY Attachments :Attachments : Amount Requested:Amount Requested: 15 15 Budgeted Item:Budgeted Item:YESYESNONO 1. Bid Tabulation1. Bid Tabulation 2. Bid Document2. Bid Document SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS This agenda request was tabled during the June 23 city council meeting pending clarification of This agenda request was tabled during the June 23 city council meeting pending clarification of Dorsett’s concrete material supply proposal note reading s concrete material supply proposal note reading ““No Temperature GuaranteeNo Temperature Guarantee””.   .   Dorsett Dorsett indicated that this note is now included on all quotes to address the Dorsettindicated that this note is now included on all quotes to address the Dorsett’’s concern that trucks may s concern that trucks may not be unloaded in a timely manner or that the concrete temperature can be adversely impacted when not be unloaded in a timely manner or that the concrete temperature can be adversely impacted when the ambient temperatures exceed 95the ambient temperatures exceed 95--degrees.   degrees.     The original note reading The original note reading ““No Temperature GuaranteeNo Temperature Guarantee””is now revised to read is now revised to read ““High ambient High ambient temperature (95°+ temperatures) may negatively impact product temperature/suitability at delivery.  Seller temperature (95°+ temperatures) may negatively impact product temperature/suitability at delivery.  Seller does not guarantee suitable product temperature range of approximately 90°does not guarantee suitable product temperature range of approximately 90°--9595 at delivery under high  at delivery under high ambient temperature conditions unless buyer has preambient temperature conditions unless buyer has pre--ordered ice or retarder to accompany product being ordered ice or retarder to accompany product being delivered in an attempt to maintain a suitable temperature.  Should product unloading be delayed to the delivered in an attempt to maintain a suitable temperature.  Should product unloading be delayed to the delivered in an attempt to maintain a suitable temperature.  Should product unloading be delayed to the delivered in an attempt to maintain a suitable temperature.  Should product unloading be delayed to the extent that the additional precautions taken to maintain a suitable temperature range fail or, if for any extent that the additional precautions taken to maintain a suitable temperature range fail or, if for any reason the product deteriorates and becomes unusable through no fault or negligence of the seller, no reason the product deteriorates and becomes unusable through no fault or negligence of the seller, no guarantee by seller shall apply. guarantee by seller shall apply.  The revised language is acceptable to city staff.  A contingency price for retarder was added to the The revised language is acceptable to city staff.  A contingency price for retarder was added to the quote.  All prices provided in the original quote remain the same.  quote.  All prices provided in the original quote remain the same.  Agenda Request Submitted for the June 23 meeting:Agenda Request Submitted for the June 23 meeting:  Advertised, Sealed Bid #14024 Advertised, Sealed Bid #14024 ––Ready Mix Concrete was opened and read on June 6, 2014.  Ready Mix Concrete was opened and read on June 6, 2014.  The bid was advertised in the Houston Chronicle and posted on the City of La Porte website.  This is the second The bid was advertised in the Houston Chronicle and posted on the City of La Porte website.  This is the second bid for this item.  No bids were received for the initial bid.  bid for this item.  No bids were received for the initial bid.   Bid #14024 requests were sent to seven (7) vendors, with one (1) returning bid. Dorsett is the one bidder with Bid #14024 requests were sent to seven (7) vendors, with one (1) returning bid. Dorsett is the one bidder with pricing as follows;pricing as follows;             3000 psi Concrete                   700 cubic yards @ $110.00 per yard             $77,000.00            3000 psi Concrete                   700 cubic yards @ $110.00 per yard             $77,000.00             Fuel surcharge per load          80 loads @ $   20.00 per load                         $  1,600.00            Fuel surcharge per load          80 loads @ $   20.00 per load                          $  1,600.00             Environmental Fee                 80 loads @ $     7.00 per load                         $     560.00               Environmental Fee                 80 loads @ $     7.00 per load                         $     560.00               Delivery fee< 6 yards                3 loads @ $150.00 per load                                     Delivery fee< 6 yards                3 loads @ $150.00 per load                         $     $     450.00                                                                                                                                     $79,610.00                                                                                                                                      $79,610.00 The delivery fee of $150 per load for deliveries less than six yards is rarely utilized. The delivery fee of $150 per load for deliveries less than six yards is rarely utilized.  Staff recommends awarding the contract to Dorsett in the amount of $79,610.00 with a total authorization of Staff recommends awarding the contract to Dorsett in the amount of $79,610.00 with a total authorization of $87,510 including a 10% contingency.  This is for the purchase of concrete materials for street repairs performed $87,510 including a 10% contingency.  This is for the purchase of concrete materials for street repairs performed by city crews.   Proposed Funding Method for the total authorization of $87,510 (June 2014 to July 2015):  Proposed Funding Method for the total authorization of $87,510 (June 2014 to July 2015):   FY 14 Drainage Fund 019, Budgeted and Encumbered Currently                   $  8,599  \[FY 14\]FY 14 Drainage Fund 019, Budgeted and Encumbered Currently                   $  8,599  \[FY 14\] FY 14 Street Division Budget, Budgeted and Encumbered Currently             $  1,790  \[FY 14\]FY 14 Street Division Budget, Budgeted and Encumbered Currently             $  1,790  \[FY 14\] FY 14 Street Tax Fund 033, Utilize Project Under Run (Handicap Ramps)    $14,611  \[FY 14\]FY 14 Street Tax Fund 033, Utilize Project Under Run (Handicap Ramps)    $14,611  \[FY 14\] FY 15 Portion of Annual $250,000 InFY 15 Portion of Annual $250,000 In--House Paving Materials Budget         House Paving Materials Budget          $62,510 $62,510  \[FY 15\]  \[FY 15\] Total:                                                                                                                $87,510Total:                                                                                                                 $87,510  The estimated quantities are anticipated use throughout the remainder of FY 14 and the first half of FY 15. Some The estimated quantities are anticipated use throughout the remainder of FY 14 and the first half of FY 15. Some of the locations are as follows:of the locations are as follows:    Roseberry at Quiet Hill IntersectionRoseberry at Quiet Hill IntersectionCarlow & Catlett Ln IntersectionCarlow & Catlett Ln Intersection Meadow Place@ Glen Meadow Meadow Place@ Glen Meadow Carlow @ Cedarmont Carlow @ Cedarmont 3619 Gladwyne Ln3619 Gladwyne LnMockingbird @ Hummingbird Mockingbird @ Hummingbird 4943 Meadow Place4943 Meadow PlaceMockingbird at Robin IntersectionMockingbird at Robin Intersection Valley Brook @ Valley View Valley Brook @ Valley View North FarringtonNorth Farrington Heather Springs @ Sugarcreek Heather Springs @ Sugarcreek 5429 Stonecreek inlet repair 5429 Stonecreek inlet repair 714 North 12th 5409 Stonecreek curb repair 5409 Stonecreek curb repair 11311 Elmwood 11311 Elmwood Inlet Repair Canyon SpringsInlet Repair Canyon Springs Myrtle Creek & Canyon CreekMyrtle Creek & Canyon Creek821 Willow Creek curb repair821 Willow Creek curb repair    Other locations to be determined.    Other locations to be determined.  Action Required of Council:Action Required of Council: Consider approval or other action to award the bid for concrete materials to Dorsett in the amount of $87,510 Consider approval or other action to award the bid for concrete materials to Dorsett in the amount of $87,510 including the bid price of $79,610 plus $7,900 (10%) contingency. including the bid price of $79,610 plus $7,900 (10%) contingency. 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 July 14, 2014July 14, 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. Bid Tabulation1. Bid Tabulation 2. Observer Postal Notification2. Observer Postal Notification 3. Repealing Ordinance3. Repealing Ordinance 4. Original Ordinance4. Original Ordinance 5. Supporting Documentation5. Supporting Documentation SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS   rdrd This item was tabled at the June 23This item was tabled at the June 23 City Council meeting after questions were raised regarding the City Council meeting after questions were raised regarding the circulation data originally submitted.  The Bay Area Observer has supplied additional information to circulation data originally submitted.  The Bay Area Observer has supplied additional information to     verify the circulation data.verify the circulation data.     Agenda Request as Submitted at the June 23, 2014 Council meeting:Agenda Request as Submitted at the June 23, 2014 Council meeting:   The City currently uses the Houston Chronicle as the official newspaper for legal advertisements.  Since the The City currently uses the Houston Chronicle as the official newspaper for legal advertisements.  Since the closing of the Bayshore Sun, the City has not had a local paper that met the requirements to be designated as an closing of the Bayshore Sun, the City has not had a local paper that met the requirements to be designated as an official paper for the purposes of legal advertisements.  official paper for the purposes of legal advertisements.     However, that situation has now changed.  The Bay Area Observer has officially met all of the requirements to However, that situation has now changed.  The Bay Area Observer has officially met all of the requirements to be designated as the Citybe designated as the City’’s official paper.  The requirements are:s official paper.  The requirements are:   Published at least once per week; and Published at least once per week; and Possession of a second class postal classification; and Possession of a second class postal classification; and Devote not less than 25% of total column lineage to general interest items; and Devote not less than 25% of total column lineage to general interest items; and Published continuously for 12 months Published continuously for 12 months    Quotes were solicited through the CityQuotes were solicited through the City’’s Purchasing Department and two responses were receiveds Purchasing Department and two responses were received--one from the one from the Houston Chronicle and a second from the Bay Area Observer.  The bid tab is attached for reference.  The Houston Chronicle and a second from the Bay Area Observer.  The bid tab is attached for reference.  The Observer’s quote for legal advertisements is significantly lower than that proposed by the Chronicle.  Additionally, s quote for legal advertisements is significantly lower than that proposed by the Chronicle.  Additionally, submission of ads to the Observer will be much easier (can be submitted the same week).submission of ads to the Observer will be much easier (can be submitted the same week).    At this time, staff is recommending that the Council designate the Bay Area Observer as the CityAt this time, staff is recommending that the Council designate the Bay Area Observer as the City’’s official paper.s official paper.           Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance repealing ordinance No. 2010Consider approval or other action of an ordinance repealing ordinance No. 2010--3303; and 3303; and   Consider approval or other action to designate the Bay Area Observer as the CityConsider approval or other action to designate the Bay Area Observer as the City’’s official newspaper for legal s official newspaper for legal advertisements.advertisements. 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 July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Eric Ensey Eric Ensey 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 : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Applicant (Jose Angel Sandoval, Jr.) is seeking to purchase a .809 acre parcel of land known as Reserve 1, The Applicant (Jose Angel Sandoval, Jr.) is seeking to purchase a .809 acre parcel of land known as Reserve 1, Fairmont Park Business Park Reserves 1, 3, 4, 5, and 6 from the Property Owner (Eddie V. Gray, Trustee) and Fairmont Park Business Park Reserves 1, 3, 4, 5, and 6 from the Property Owner (Eddie V. Gray, Trustee) and desires to construct his single family residence on the property. The applicant is requesting approval of a rezoning desires to construct his single family residence on the property. The applicant is requesting approval of a rezoning of the property from GC, General Commercial, to Rof the property from GC, General Commercial, to R--1, Low Density Residential.1, Low Density Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at the June 19, 2014 meeting concerning this The Planning and Zoning Commission conducted a public hearing at the June 19, 2014 meeting concerning this rezoning request. No public hearing notice responses were received by the City and nobody testified for or against rezoning request. No public hearing notice responses were received by the City and nobody testified for or against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the subject property by Mr. Sandoval from GC, General Commercial to Rsubject property by Mr. Sandoval from GC, General Commercial to Rsubject property by Mr. Sandoval from GC, General Commercial to Rsubject property by Mr. Sandoval from GC, General Commercial to R----1, Low Density Residential, to allow for 1, Low Density Residential, to allow for 1, Low Density Residential, to allow for 1, Low Density Residential, to allow for future construction of a single family residence. The Commissionfuture construction of a single family residence. The Commission’’s approval was subject to the condition that s approval was subject to the condition that applicant be required to vacate that portion of the existing plat designated as Reserve 1. The applicant shall have applicant be required to vacate that portion of the existing plat designated as Reserve 1. The applicant shall have 180 days from the City Council180 days from the City Council’’s approval of the rezoning request to secure the necessary plat approval, or said s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take effect.rezoning would not take effect.   Background Information:Background Information: The subject site is approximately 0.809 acres and is located on Farrington Boulevard just north and east of The subject site is approximately 0.809 acres and is located on Farrington Boulevard just north and east of Fairmont Parkway. The legal description of the parcel is Reserve 1, Fairmont Park East Business Park Reserves Fairmont Parkway. The legal description of the parcel is Reserve 1, Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6. Attached C is a copy of the recorded subdivision plat.1, 3, 4, 5, and 6. Attached C is a copy of the recorded subdivision plat.  The site is currently zoned GC, General Commercial, and is vacant. The attached Zoning Map Exhibit shows the  The site is currently zoned GC, General Commercial, and is vacant. The attached Zoning Map Exhibit shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses:     ZoningZoningLand UseLand Use R-1, Low 1, Low Existing single family Existing single family North Density Density residential (Fairmont residential (Fairmont ResidentialResidentialPark East Park East Subdivision)Subdivision) GC, General GC, General Dollar General Dollar General South CommercialCommercial(10405 W. Fairmont (10405 W. Fairmont Parkway) and Parkway) and Millennium Car Care Millennium Car Care (10401 W. Fairmont (10401 W. Fairmont Parkway)Parkway) R-1, Low 1, Low Existing single family Existing single family West Density Density residential (Fairmont residential (Fairmont ResidentialResidentialPark East Park East Subdivision)Subdivision) R-1, Low 1, Low Existing single family Existing single family East Density Density residential (Fairmont residential (Fairmont ResidentialResidentialPark East Park East Subdivision)Subdivision)  The City of La Porte The City of La Porte’’s Land Use Map, as adopted in the Comprehensive Plan, identifies this parcel as low s Land Use Map, as adopted in the Comprehensive Plan, identifies this parcel as low density residential. Low Density Residential is defined in the Comprehensive Plan as consisting of single family density residential. Low Density Residential is defined in the Comprehensive Plan as consisting of single family residential uses with minimum lot area ranging from 4,500 to 43,560 square feet.residential uses with minimum lot area ranging from 4,500 to 43,560 square feet.  The subject site is part of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat, which  The subject site is part of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat, which specifically identifies all reserve lots as commercial properties. As a result, the applicant will need to apply for and specifically identifies all reserve lots as commercial properties. As a result, the applicant will need to apply for and receive approval of a subdivision plat in accordance with City requirements that will remove the commercial receive approval of a subdivision plat in accordance with City requirements that will remove the commercial restriction on the subject parcel from the existing plat.restriction on the subject parcel from the existing plat.restriction on the subject parcel from the existing plat.restriction on the subject parcel from the existing plat.  Staff concurs with the Planning and Zoning Commission Staff concurs with the Planning and Zoning Commission’’s recommendation to conditionally approve the rezoning s recommendation to conditionally approve the rezoning request. The proposed rezoning is consistent with all applicable zoning regulations and the Cityrequest. The proposed rezoning is consistent with all applicable zoning regulations and the City’’s Comprehensive s Comprehensive Plan. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #14Rezone Request #14--92000001, rezoning the referenced property from GC to R92000001, rezoning the referenced property from GC to R--1.1. 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 July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A E. Ensey E. Ensey 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. P&Z Recommendation Letter2. P&Z Recommendation Letter 3. Vicinity Map3. Vicinity Map 4. Zoning Map4. Zoning Map 5. Land Use Map5. Land Use Map 6. Fairmont Park East Business Park 6. Fairmont Park East Business Park Subdivision PlatSubdivision Plat SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Applicant (Jose Angel Sandoval, Jr.) is seeking to purchase a .809 acre parcel of land known as Reserve 1, The Applicant (Jose Angel Sandoval, Jr.) is seeking to purchase a .809 acre parcel of land known as Reserve 1, Fairmont Park Business Park Reserves 1, 3, 4, 5, and 6 from the Property Owner (Eddie V. Gray, Trustee) and Fairmont Park Business Park Reserves 1, 3, 4, 5, and 6 from the Property Owner (Eddie V. Gray, Trustee) and desires to construct his single family residence on the property. The applicant is requesting approval of a rezoning desires to construct his single family residence on the property. The applicant is requesting approval of a rezoning of the property from GC, General Commercial, to Rof the property from GC, General Commercial, to R--1, Low Density Residential.1, Low Density Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at the June 19, 2014 meeting concerning this The Planning and Zoning Commission conducted a public hearing at the June 19, 2014 meeting concerning this The Planning and Zoning Commission conducted a public hearing at the June 19, 2014 meeting concerning this The Planning and Zoning Commission conducted a public hearing at the June 19, 2014 meeting concerning this rezoning request. No public hearing notice responses were received by the City and nobody testified for or against rezoning request. No public hearing notice responses were received by the City and nobody testified for or against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the subject property by Mr. Sandoval from GC, General Commercial to Rsubject property by Mr. Sandoval from GC, General Commercial to R--1, Low Density Residential, to allow for 1, Low Density Residential, to allow for future construction of a single family residence. The Commissionfuture construction of a single family residence. The Commission’’s approval was subject to the condition that s approval was subject to the condition that applicant be required to vacate that portion of the existing plat designated as Reserve 1. The applicant shall have applicant be required to vacate that portion of the existing plat designated as Reserve 1. The applicant shall have 180 days from the City Council180 days from the City Council’’s approval of the rezoning request to secure the necessary plat approval, or said s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take effect.rezoning would not take effect.   Background Information:Background Information: The subject site is approximately 0.809 acres and is located on Farrington Boulevard just north and east of The subject site is approximately 0.809 acres and is located on Farrington Boulevard just north and east of Fairmont Parkway. The legal description of the parcel is Reserve 1, Fairmont Park East Business Park Reserves Fairmont Parkway. The legal description of the parcel is Reserve 1, Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6. Attached C is a copy of the recorded subdivision plat.1, 3, 4, 5, and 6. Attached C is a copy of the recorded subdivision plat.  The site is currently zoned GC, General Commercial, and is vacant. The attached Zoning Map Exhibit shows the  The site is currently zoned GC, General Commercial, and is vacant. The attached Zoning Map Exhibit shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses:     ZoningZoningLand UseLand Use R-1, Low 1, Low Existing single family Existing single family North Density Density residential (Fairmont residential (Fairmont ResidentialResidentialPark East Park East Subdivision)Subdivision) GC, General GC, General Dollar General Dollar General South CommercialCommercial(10405 W. Fairmont (10405 W. Fairmont Parkway) and Parkway) and Millennium Car Care Millennium Car Care (10401 W. Fairmont (10401 W. Fairmont Parkway)Parkway) R-1, Low 1, Low Existing single family Existing single family West Density Density residential (Fairmont residential (Fairmont ResidentialResidentialPark East Park East Subdivision)Subdivision) R-1, Low 1, Low Existing single family Existing single family East Density Density residential (Fairmont residential (Fairmont ResidentialResidentialPark East Park East Subdivision)Subdivision)  The City of La Porte The City of La Porte’’s Land Use Map, as adopted in the Comprehensive Plan, identifies this parcel as low s Land Use Map, as adopted in the Comprehensive Plan, identifies this parcel as low density residential. Low Density Residential is defined in the Comprehensive Plan as consisting of single family density residential. Low Density Residential is defined in the Comprehensive Plan as consisting of single family residential uses with minimum lot area ranging from 4,500 to 43,560 square feet.residential uses with minimum lot area ranging from 4,500 to 43,560 square feet.  The subject site is part of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat, which  The subject site is part of the Fairmont Park East Business Park Reserves 1, 3, 4, 5, and 6 subdivision plat, which specifically identifies all reserve lots as commercial properties. As a result, the applicant will need to apply for and specifically identifies all reserve lots as commercial properties. As a result, the applicant will need to apply for and receive approval of a subdivision plat in accordance with City requirements that will remove the commercial receive approval of a subdivision plat in accordance with City requirements that will remove the commercial restriction on the subject parcel from the existing plat.restriction on the subject parcel from the existing plat.restriction on the subject parcel from the existing plat.restriction on the subject parcel from the existing plat.  Staff concurs with the Planning and Zoning Commission Staff concurs with the Planning and Zoning Commission’’s recommendation to conditionally approve the rezoning s recommendation to conditionally approve the rezoning request. The proposed rezoning is consistent with all applicable zoning regulations and the Cityrequest. The proposed rezoning is consistent with all applicable zoning regulations and the City’’s Comprehensive s Comprehensive Plan. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #14Rezone Request #14--92000001, rezoning the referenced property from GC to R92000001, rezoning the referenced property from GC to R--1.1. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate µ VICINITY MAP LOCATION OF PROPERTY S A PP LE TR EE CI R Y KW P T N O M IR A F 1 inch = 200 feet µ ZONING DISTRICT R-1 PROPOSED REZONE FROM GC TO R-1 S A PP LE TR EE CI R GC Y KW P T N O M IR A F 1 inch = 200 feet LAND USE MAP TRACT REQUESTED FOR REZONE FROM GC to R-1 S AP PLE TR EE CIR WY K P NT O RM AI F FUTURE LAND USE LARGE LOT RESIDENTIAL (NEW) LOW-DENSITY RESIDENTIAL MID-TO-HIGH-DENSITY RESIDENTIAL MIXED USE (NEW) NEIGHBORHOOD COMMERCIAL (NEW) BAYPORT INDUSTRIAL DISTRICT COMMERCIAL MAIN STREET (NEW) BUSINESS INDUSTRIAL (NEW) LIGHT INDUSTRIAL (NEW) HEAVY INDUSTRIAL (NEW) PARKS AND OPEN SPACE (NEW) PUBLIC / INSTITUTIONAL REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Utility Fund (003) Utility Fund (003) David Mick David Mick Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Public Works Public Works Department: $231,000 FY 14 $231,000 FY 14 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $306,000 FY 14 $306,000 FY 14 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Consultant Evaluation1. Consultant Evaluation 2. Excerpt from 2009 Water Master Plan2. Excerpt from 2009 Water Master Plan 3. Engineering Proposal3. Engineering Proposal SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The FY 14 budget includes a Utility Fund Capital Improvement project to replace the electrical service and The FY 14 budget includes a Utility Fund Capital Improvement project to replace the electrical service and controls for city Water Well #controls for city Water Well #’’s 1 and 2 located at the Hillridge Water Plant (north end of Fairmont Park).  The s 1 and 2 located at the Hillridge Water Plant (north end of Fairmont Park).  The project is funded at $231,000.  Last month Shrader Engineering completed an evaluation of the plant and project is funded at $231,000.  Last month Shrader Engineering completed an evaluation of the plant and recommended a phasing strategy for improvements to the entire plant over the next 5 recommended a phasing strategy for improvements to the entire plant over the next 5 ––10 years totaling nearly 10 years totaling nearly $1.9 million.  The report is attached.  $1.9 million.  The report is attached.   Phase 1 of the improvements consists of the anticipated 2014 project to replace the electrical service and controls Phase 1 of the improvements consists of the anticipated 2014 project to replace the electrical service and controls for the two water wells with an updated cost estimate for design and construction of $306,000, or $75,000 in over for the two water wells with an updated cost estimate for design and construction of $306,000, or $75,000 in over staff’s 2013 budget estimate of $231,000.   Staff proposes to fund the budget increase utilizing a portion of the s 2013 budget estimate of $231,000.   Staff proposes to fund the budget increase utilizing a portion of the $200,000 budget under$200,000 budget under--run for the Water Plant #5 ground storage tank replacement (construction contract run for the Water Plant #5 ground storage tank replacement (construction contract awarded April 28, 2014).  awarded April 28, 2014).  awarded April 28, 2014).  awarded April 28, 2014).   Staff recommends proceeding with the design and future construction of the Phase 1 improvements.  Shrader Staff recommends proceeding with the design and future construction of the Phase 1 improvements.  Shrader Engineering submitted a proposal for design and basic bidding and construction services for the Phase 1 Engineering submitted a proposal for design and basic bidding and construction services for the Phase 1 improvements in the amount of $18,268.  improvements in the amount of $18,268.    Benefits:   Phased improvements to the Hillridge Water Plant will ensure the cityPhased improvements to the Hillridge Water Plant will ensure the city’’s ability to maintain water pressure in the s ability to maintain water pressure in the system and provide ground water as needed for normal operations and during emergency outages.   system and provide ground water as needed for normal operations and during emergency outages.     Liabilities:   Current Request:  The existing control equipment is obsolete and not up to current codes.  Salvaged parts are Current Request:  The existing control equipment is obsolete and not up to current codes.  Salvaged parts are increasingly difficult to find.  If the controller is out, one of the two wells will be lost with the remaining well increasingly difficult to find.  If the controller is out, one of the two wells will be lost with the remaining well operating on the rightoperating on the right--angle drive.  Without controls and the rightangle drive.  Without controls and the right--angle drive operating, staff would need to be onangle drive operating, staff would need to be on- hand much of the time to avoid overflowing the storage tanks.  hand much of the time to avoid overflowing the storage tanks.   Future Phases:  The 2009 Water Master Plan for the city identified a need for expanded booster pump capacity at Future Phases:  The 2009 Water Master Plan for the city identified a need for expanded booster pump capacity at this location around 2020.  The age and condition of the existing plant infrastructure also dictate a need for future this location around 2020.  The age and condition of the existing plant infrastructure also dictate a need for future improvements.    Operating Costs:  Operating Costs:   No significant change in operating costs associated with the Phase 1 improvements.  With future phases the No significant change in operating costs associated with the Phase 1 improvements.  With future phases the operating costs will both reduce (due to new equipment) and increase (due to more equipment) with upgrades operating costs will both reduce (due to new equipment) and increase (due to more equipment) with upgrades necessary either way to maintain the water plant.  necessary either way to maintain the water plant.  Action Required of Council:Action Required of Council: Consider approval or other action for the following items:  Consider approval or other action for the following items:   Authorize the City Manager to enter into a professional services agreement with Shrader Engineering in the Authorize the City Manager to enter into a professional services agreement with Shrader Engineering in the amount of $18,268 for design and basic bid and construction coordination services for Phase 1 of the Hillridge amount of $18,268 for design and basic bid and construction coordination services for Phase 1 of the Hillridge Water Plant Improvements including new controls for city water well #Water Plant Improvements including new controls for city water well #’’s 1 and 2. s 1 and 2.   Increase the FY 14 budget for these Phase 1 improvements to the Hillridge Water Plant from $231,000 to Increase the FY 14 budget for these Phase 1 improvements to the Hillridge Water Plant from $231,000 to $306,000.  The $75,000 increase is to be funded from a $200,000 project under$306,000.  The $75,000 increase is to be funded from a $200,000 project under--run for the Water Plant #5 project run for the Water Plant #5 project awarded April 28, 2014.awarded April 28, 2014. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate CityofLaPorte HillridgeWaterPlant ElectricalEvaluation Preparedfor:CityofLaPorte Revision:1 Preparedby: TBPENo.F527 June6,2014 SEINo.4324CLP ElectricalEvaluationΑRev.1ShraderEngineeringInc. CityofLaPorteΑHillridgeWaterPlant Introduction TheCityofLaPortehasrequestedanelectricalevaluationoftheHillridgeWaterPlantat10220 HillridgeRoadLaPorte,Texas77571.Thepurposeofthisevaluationistoprovideoptionsand recommendationsforreplacingthepumpbuildingandelectricalequipmentservingthetwo wells.Inaddition,aroughorderofmagnitudecostestimateisprovidedforeachoptionaswell asrecommendationsforphasingconstructiontomeetthe/źƷǤ͸ƭbudgetaryrequirements. Analysis Duetothedeterioratedstateofthepumpbuildingandelectricalequipment,itis recommendedthatthepumpbuilding,allelectricalequipmentinsidethepumpbuilding,and theelectricalequipmentservingthewellsbereplaced.Thiswillallowthefacilitytobebrought uptoCodeandcurrentsafetystandards.Theoptionslistedbelowdetailthevarioussolutions toaccomplishthistask. hƦƷźƚƓЊ Thisoptionconsistsofconstructinganewconcretemasonryunitbuildingthatincludesa controlroom,pumproomandchlorineroom.Thenewbuildingwillbeconstructedtothe eastoftheexisting100HPwellsite.Thenewbuildingwillcontainallelectricalequipmentto runtheboosterpumpsandtwowells.Constructionwillbesplitintothreephasesas follows: Phase1ΑControlRoomandWellEquipment Constructductbankfromproposedcontrolroomlocationtoeachwellsite. Stuboutconduitsforfuturepumproom,chlorineroom,generator,andcontrolsto existinggroundstoragetank. Constructcontrolroomwithprovisionsforfutureexpansion. New800Aelectricalservicesizedtorunfullloadofwaterplant. Installmotorcontrolcenterinsidecontrolroomwithmaincircuitbreaker,surge protector,phasefailrelay,powermonitor,automatictransferswitch,solidstate reducedvoltagestarters(softstarts)forwellmotors,andmotorprotectionunit (Multilin). Install480:120/208Vlowvoltagetransformerandpanelboard. Temporarilyreroutewellcallsignalsfromexistingwellstarterstonewstarters. InstallNEMA4Xstainlesssteelterminalboxesandsurgeprotectorsateachwell. Demolishexistingwellstartersandservicerackat250HPwellsite. 2 ElectricalEvaluationΑRev.1ShraderEngineeringInc. CityofLaPorteΑHillridgeWaterPlant Phase2ΑPumpRoom,ChlorineRoom,andBoosterPumpEquipment Completeductbanktoboosterpumpsandchlorineroom. Completeductbanktowaterplantsiteforgroundstoragetankpowerandcontrols. Constructpumproomandchlorineroomnexttocontrolroom. Installadditionalsectionstomotorcontrolcenterwithfullvoltagenonreversing starterforone(1)40HPboosterpump,fullvoltagenonreversingstartersfortwo(2) 60HPboosterpumps,andautosensorypanel. Installsolidstatecontrollerandbackupcontrols. Installminipowerzone,leveltransmitter,backuplevelpressureswitchesin enclosureatgroundstoragetank. Demolishexistingbuildingandelectricalequipment.Ifequipmentisingood condition,itmaybesalvaged. Phase3Generator Completeductbanktoautomatictransferswitchfromgenerator. Install600KWnaturalgasgeneratorwithsoundattenuationlevel2enclosurejust northofthe100HPwellsitenexttonewbuilding.Generatorissizedtocarryfull loadofwaterplant. hƦƷźƚƓЋ Thisoptionconsistsofconstructinganewconcretemasonryunitbuildingthatincludesa controlroom,pumproomandchlorineroom.Thenewbuildingwillbeconstructedacross thedrivewayfromthegroundstoragetankatthewaterplantsite.Theelectricalequipment thatservesthetwowellswillbereplacedatthe250Hpwellsite.Constructionwillbesplit intofourphasesasfollows: Phase1ΑRemoteWellSite Installnewservicepolewithpowercompanymeterand600Adisconnect.Serviceis sizedtorunbothwellssimultaneously. Installnewmotorcontrolcenterat250HPwellsitewithmaincircuitbreaker,surge protector,phasefailrelay,powermonitor,automatictransferswitch, 480V:120/208Vlowvoltagetransformer,lowvoltagepanelboard,autosensory panel,solidstatereducedvoltagestarters(softstarts)forwellmotors,andmotor protectionunit(Multilin). ThemotorcontrolcenterwillbehousedinaNEMA3Rdropover,nonwalkin enclosure. Installsolidstatecontrollerandcontrols. 3 ElectricalEvaluationΑRev.1ShraderEngineeringInc. CityofLaPorteΑHillridgeWaterPlant InstallNEMA4Xstainlesssteelterminalboxesandsurgeprotectorsateachwell. Reroutewellcallsignalsfromexistingwellstarterstonewstarters. Demolishexistingwellstartersandservicerackat250HPwellsite. Phase2ΑPlantSite Phase2maybedividedintotwoseparatephasesuponrequest.Thecurrentproposed constructionphasingisdeterminedtominimizecoordinationpitfallsandtobethemost costeffectivesolutionoverall. Installductbankforfiberopticconnectionbetweensolidstatecontrollerat250HP wellsiteandwaterplantsolidstatecontroller. Constructbuildingwithcontrolroom,pumproom,andchlorineroomacrossthe driveway,eastofthegroundstoragetank. Installnewservicepolewithpowercompanymeterand300Adisconnect.Serviceis sizedtorunallboosterpumpsandmiscellaneouselectricalequipment. Installmotorcontrolcenterwithmaincircuitbreaker,surgeprotector,phasefail monitor,powermonitor,automatictransferswitch,fullvoltagenonreversing starterforone(1)40HPboosterpump,fullvoltagenonreversingstartersfortwo(2) 60HPboosterpumps,andautosensorypanel. Install480V:120/208Vlowvoltagetransformerandpanelboard. Installsolidstatecontrollerandbackupcontrols. Installgroundstoragetankleveltransmitterandbackuplevelpressureswitchesin autosensorypanel. Demolishexistingbuildingandelectricalequipment.Anyequipmentmaybe salvagedatCityrequest,andwillbeturnedovertoCitybycontractorduring construction. Phase3ΑGeneratoratRemoteWellSite Installductbankfromautomatictransferswitchtogenerator. Install400KWnaturalgasgeneratorwithsoundattenuationlevel2enclosureat 250HPwellsite.Generatorissizedtocarrybothwells. Phase4ΑGeneratoratPlantSite Completeductbankfromautomatictransferswitchtogenerator. Install250KWnaturalgasgeneratorwithsoundattenuationlevel2enclosureat waterplantsite.Generatorissizedtocarryfullloadofwaterplantsite. 4 ElectricalEvaluationΑRev.1ShraderEngineeringInc. CityofLaPorteΑHillridgeWaterPlant hƦƷźƚƓЌ Thisoptionconsistsofconstructinganewconcretemasonryunitbuildingthatincludesa controlroom,pumproomandchlorineroom.Thenewbuildingwillbeconstructedin stagestoreplacetheexistingbuildingwhereitiscurrentlylocated.Theelectrical equipmentthatservesthetwowellswillbereplacedatthe250Hpwellsite.Construction willbesplitintofourphasesasfollows: Phase1ΑRemoteWellSite Installnewservicepolewithpowercompanymeterand600Adisconnect.Serviceis sizedtorunbothwellssimultaneously. Installnewmotorcontrolcenterat250HPwellsitewithmaincircuitbreaker,surge protector,phasefailrelay,powermonitor,automatictransferswitch, 480V:120/208Vlowvoltagetransformer,lowvoltagepanelboard,autosensory panel,solidstatereducedvoltagestarters(softstarts)forwellmotors,andmotor protectionunit(Multilin). ThemotorcontrolcenterwillbehousedinaNEMA3Rdropover,nonwalkin enclosure. Installsolidstatecontrollerandcontrols. InstallNEMA4Xstainlesssteelterminalboxesandsurgeprotectorsateachwell. Reroutewellcallsignalsfromexistingwellstarterstonewstarters. Demolishexistingwellstartersandservicerackat250HPwellsite. Phase2ΑPlantSite Phase2maybedividedintotwoseparatephasesuponrequest.Thecurrentproposed constructionphasingisdeterminedtominimizecoordinationpitfallsandtobethemost costeffectivesolutionoverall. Installductbankforfiberopticconnectionbetweensolidstatecontrollerat250HP wellsiteandwaterplantsolidstatecontroller. Demolishexistingbuildingandconstructnewbuildinginstagessoastohave minimalplantdowntime. Installnewservicepolewithpowercompanymeterand300Adisconnect.Serviceis sizedtorunthreeallboosterpumpsandmiscellaneouselectricalequipment. Installmotorcontrolcenterwithmaincircuitbreaker,surgeprotector,phasefail monitor,powermonitor,automatictransferswitch,fullvoltagenonreversing starterforone(1)40HPboosterpump,fullvoltagenonreversingstartersfortwo(2) 60HPboosterpumps,andautosensorypanel. Install480V:120/208Vlowvoltagetransformerandpanelboard. 5 ElectricalEvaluationΑRev.1ShraderEngineeringInc. CityofLaPorteΑHillridgeWaterPlant Installsolidstatecontrollerandbackupcontrols. Installgroundstoragetankleveltransmitterandbackuplevelpressureswitchesin autosensorypanel. Completedemolitionofexistingbuildingandelectricalequipment.Ifequipmentisin goodcondition,itmaybesalvaged. Phase3ΑGeneratoratRemoteWellSite Installductbankfromautomatictransferswitchtogenerator. Install400KWnaturalgasgeneratorwithsoundattenuationlevel2enclosureat 250HPwellsite.Generatorissizedtocarrybothwells. Phase4ΑGeneratoratPlantSite Completeductbankfromautomatictransferswitchtogenerator. Install250KWnaturalgasgeneratorwithsoundattenuationlevel2enclosureat waterplantsite.Generatorissizedtocarryfullloadofwaterplantsite. ProbableCostofConstruction Thefollowingareroughorderofmagnitudeestimatesforthecostofconstructionasdescribed inthisevaluation.Roughorderofmagnitudecostisdefinedas±35%asinstalledthrougha competitivelybidcontract.Estimatescanberefinedduringdetaileddesign. hƦƷźƚƓЊ Phase1$299,200.00$321,900.00 Phase2$618,500.00$665,400.00 Phase3$677,300.00$731,500.00 * Total$1,595,000.00$1,718,800.00 * Phase3withdieselgeneratorand24hoursubbasetank:$435,000.00$469,800.00 hƦƷźƚƓЋ Phase1$263,300.00$282,400.00 Phase2$679,900.00$731,800.00 Phase3*$481,100.00$519,600.00 Phase4**$334,500.00$361,600.00 Total$1,758,800.00$1,895,400.00 6 ElectricalEvaluationΑRev.1ShraderEngineeringInc. CityofLaPorteΑHillridgeWaterPlant * Phase3withdieselgeneratorand24hoursubbasetank:$250,700.00$270,800.00 ** Phase4withdieselgeneratorand24hoursubbasetank:$208,800.00$225,500.00 hƦƷźƚƓЌ Phase1$263,300.00$282,400.00 Phase2$742,400.00$799,300.00 Phase3*$481,100.00$519,600.00 Phase4**$334,500.00$361,600.00 Total$1,821,300.00$1,962,900.00 * Phase3withdieselgeneratorand24hoursubbasetank:$250,700.00$270,800.00 ** Phase4withdieselgeneratorand24hoursubbasetank:$208,800.00$225,500.00 7 ElectricalEvaluationΑRev.1ShraderEngineeringInc. CityofLaPorteΑHillridgeWaterPlant 3 & Building 2 1: Option Option Prop. 1 Option 3: Existing Site & Generator 2 Well Site Option Generator 1: Well Option 250HP 100HP Scale) Map to Site (Not Site Plant Water 3: Generator & Building 2 2: Option Option Prop. existing Building Rebuildbuilding) Exist. 3: (Option 8 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 001 001 M. Dolby M. Dolby Source of Funds:Source of Funds: Requested By: 61466146--5006 Fiscal 5006 Fiscal Finance Finance Department: Account Number:Account Number: Services Services Report:Resolution:Resolution:Ordinance:Ordinance: $95,000.00 $95,000.00 Amount Budgeted:Amount Budgeted: Other: $13,200.00 $13,200.00 Amount Requested:Amount Requested: Attachments :Attachments : Budgeted Item:Budgeted Item:YESYESNONO 1. Change of paying agent 1. Change of paying agent -- Tri Tri--party agreementparty agreement SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City of La Porte currently has contracts with the Bank of New York Mellon to serve as the cityThe City of La Porte currently has contracts with the Bank of New York Mellon to serve as the city’’s paying s paying agent on eleven bond issues that are outstanding. The Bank of New York Mellon recently increased the agent on eleven bond issues that are outstanding. The Bank of New York Mellon recently increased the administrative fees on processing bond payments from $300 per transaction to $750 per transaction. Finance staff administrative fees on processing bond payments from $300 per transaction to $750 per transaction. Finance staff researched and determined that the current depository bank, Amegy Bank also provides paying agent services. researched and determined that the current depository bank, Amegy Bank also provides paying agent services. Amegy Bank administrative fees are $350 per transaction. In order to change the paying agent for the outstanding Amegy Bank administrative fees are $350 per transaction. In order to change the paying agent for the outstanding bond issues, a tribond issues, a tri--party agreement must be executed that would terminate Bank of New York Mellon as the party agreement must be executed that would terminate Bank of New York Mellon as the current paying agent and establish Amegy Bank of the replacement paying agent.  The Bank of New York Mellon current paying agent and establish Amegy Bank of the replacement paying agent.  The Bank of New York Mellon is charging us a oneis charging us a one-- time termination fee of $5,500; however, total annual savings after this year will be time termination fee of $5,500; however, total annual savings after this year will be approximately $4,400 dollars.approximately $4,400 dollars.     Action Required of Council:Action Required of Council: Consider approval or other action of a Paying Agent/Registrar Agreement of Resignation, Appointment and Consider approval or other action of a Paying Agent/Registrar Agreement of Resignation, Appointment and Acceptance with Amegy Bank to serve as paying agent for the CityAcceptance with Amegy Bank to serve as paying agent for the City’’s outstanding bonds.s outstanding bonds.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate PAYING AGENT/REGISTRAR AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE , dated as of July __, 2014, by and among the City of La Porte, Texas (th, The Bank of New York Mellon Trust Company, National Association Prior Paying Agent/ Registrar, and Amegy Bank National Association (the Paying Agent/Registrar RECITALS: WHEREAS , the Issuer has previously issued the series of ) listed on Exhibit A hereto, currently outstanding under the Ordinances Ordinances) listed on Exhibit A hereto; WHEREAS , the Issuer desires to remove the Prior Paying Agent/Registrar and appoint the Successor Paying Agent/Registrar to succeed the Prior Paying Agent/Registrar in such capacities under the Ordinances; and WHEREAS , the Successor Paying Agent/Registrar is willing to accept such appointment as Successor Paying Agent/Registrar under the Ordinances; NOW, THEREFORE , the Issuer, the Prior Paying Agent/Registrar and the Successor Paying Agent/Registrar, for and in consideration of the premises of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby consent and agree as follows: ARTICLE I THE PRIOR PAYING AGENT/REGISTRAR SECTION 1.01 The Prior Paying Agent/Registrar hereby acknowledges receipt of notice of its removal from the City in accordance with the terms of the Ordinances, or the waiver of such notice requirement by the Prior Paying Agent/Registrar, as the case may be. The Prior Paying Agent/Registrar is hereby removed as Paying Agent/Registrar (including, but not limited to, the roles of authenticating agent, bond registrar, transfer agent) under the Ordinances. SECTION 1.02 The Prior Paying Agent/Registrar hereby assigns, transfers, delivers and confirms to the Successor Paying Agent/Registrar all right, title and interest of the Prior Paying Agent/Registrar in and to the rights and responsibilities as such under the Ordinances. The Prior Paying Agent/Registrar shall execute and deliver such further documents, instruments, and certificates and shall do such other things as the Successor Paying Agent/Registrar and the Issuer may reasonably require as to more fully and certainly vest and confirm in the Successor Paying Agent/Registrar all the rights and powers hereby assigned, transferred, delivered and confirmed to the Successor Paying Agent/Registrar. ARTICLE II THE ISSUER 1 HOU:3451324.2 SECTION 2.01 The Issuer hereby accepts the removal of the Prior Paying Agent/Registrar as Paying Agent/Registrar under the Ordinances. SECTION 2.02 All conditions relating the appointment of Amegy Bank National Association as Successor Paying Agent/Registrar under the Ordinances have been met by the Issuer, and the Issuer hereby appoints the Successor Paying Agent/Registrar as Paying Agent/Registrar under the Ordinances with like effect as if originally named as Paying Agent/Registrar in the Ordinances. ARTICLE III THE SUCCESSOR TRUSTEE SECTION 3.01 The Successor Paying Agent/Registrar hereby represents and warrants to the Prior Paying Agent/Registrar and to the Issuer that the Successor Paying Agent/Registrar is qualified to act as Paying Agent/Registrar under the Ordinances. SECTION 3.02 The Successor Paying Agent/Registrar hereby accepts its appointment as Successor Paying Agent/Registrar under theOrdinances and accepts the rights, powers, duties and obligations of the Prior Paying Agent/Registrar as Paying Agent/Registrar under the Ordinances, upon the terms and conditions set forth therein, with like effect as if originally named as Paying Agent/Registrar under the Ordinances. ARTICLE IV MISCELLANEOUS SECTION 4.01 This Agreement and the removal, appointment and acceptance effected hereby shall be effective as of the opening of business on July __, 2014 Successor Paying Agent/Registrar as Paying Agent/Registrar under the Ordinances shall commence at the Effective Date, and the Successor Paying Agent/Registrar shall assume no responsibility for any liability prior to the Effective Date. SECTION 4.02 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. SECTION 4.03 This Agreement may be executed in any number of counterparts each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. 2 HOU:3451324.2 IN WITNESS WHEREOF , the parties hereto have caused this Paying Agent/Registrar Agreement of Removal, Appointment and Acceptance to be duly executed and acknowledged and their respective seals to be affixed hereunto and duly attested all as of the day and year first above written. City of La Porte, Texas, as Issuer Attest: By: Name: Title: By: West Fairmont Parkway Name: La Porte, Texas 77571 Title: Phone: (___) ________ Fax: (___) __________ S-1 HOU:3451324.2 The Bank of New York Mellon Trust Company, National Association, as Prior Paying Agent/Registrar Attest: By: Name: Title: By: 2001 Bryan Street, 11th Floor Name: Dallas, Texas 75201 Title: Phone: (___) ________ Fax: (___) __________ S-2 HOU:3451324.2 Amegy Bank National Association, as Successor Paying Agent/Registrar Attest: By: Name: Title: th By: 1801 Main Street, 8 Floor Name: Houston, TX 77002 Title: Attn: Corporate Trust Department Phone: (713) 232-6036 Fax: (713) 571-5010 S-3 HOU:3451324.2 Exhibit A 1.City of La Porte, Texas, Limited Tax Bonds, Series 2002, authorized by ordinance adopted July 22, 2002 2.City of La Porte, Texas, Certificates of Obligation, Series 2004, authorized by ordinance adopted October 25, 2004 3.City of La Porte, Texas, Certificates of Obligation, Series 2005, authorized by ordinance adopted August 22, 2005 4.City of La Porte, Texas, General Obligation Bonds, Series 2005, authorized by ordinance adopted August 22, 2005 5.City of La Porte, Texas, Certificates of Obligation, Series 2006, authorized by ordinance adopted April 24, 2006 6.City of La Porte, Texas, General Obligation Bonds, Series 2006, authorized by ordinance adopted April 24, 2006 7.City of La Porte, Texas, Certificates of Obligation, Series 2007, authorized by ordinance adopted May 21, 2007 8.City of La Porte, Texas, Certificates of Obligation, Series 2010, authorized by ordinance adopted April 12, 2010 9.City of La Porte, Texas, General Obligation Refunding Bonds, Series 2010, authorized by ordinance adopted April 12, 2010 10.City of La Porte, Texas, General Obligation Refunding Bonds, Series 2012, authorized by ordinance adopted February 13, 2012 11.City of La Porte, Texas, General Obligation Refunding Bonds, Series 2014, authorized by ordinance adopted March 24, 2014 A-1 HOU:3451324.2 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Stephen Barr Stephen Barr Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Parks & Recreation Parks & Recreation 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 The Sylvan Beach Fishing Pier Concessionaire, through the City of La Porte, has requested a new fee for Night The Sylvan Beach Fishing Pier Concessionaire, through the City of La Porte, has requested a new fee for Night Fishing at the pier, in the amount of $8 per patron during the summer and fall fishing seasons. Upon approval by Fishing at the pier, in the amount of $8 per patron during the summer and fall fishing seasons. Upon approval by the Council staff will request an amended agreement from Harris County Commissionerthe Council staff will request an amended agreement from Harris County Commissioner’’s Court changing s Court changing Paragraph IV (e) of the agreement between Harris County and the City of La Porte effective April 12, 1994 Paragraph IV (e) of the agreement between Harris County and the City of La Porte effective April 12, 1994 which currently reads as follows:which currently reads as follows:   (e)        City shall operate and manage all concessions and collections of gross receipts on the pier in (e)        City shall operate and manage all concessions and collections of gross receipts on the pier in accordance with Paragraph XII herein. The amount of the fee charged for admission to the pier shall not accordance with Paragraph XII herein. The amount of the fee charged for admission to the pier shall not exceed $5 per person, unless the prior approval of the Commissionerexceed $5 per person, unless the prior approval of the Commissioner’’s Court of County is obtaineds Court of County is obtained……   In discussion with Harris County, the Harris County AttorneyIn discussion with Harris County, the Harris County AttorneyIn discussion with Harris County, the Harris County AttorneyIn discussion with Harris County, the Harris County Attorney’’’’s Office has proposed that the said paragraph IV s Office has proposed that the said paragraph IV s Office has proposed that the said paragraph IV s Office has proposed that the said paragraph IV (e) of the Agreement be amended to read as follows: (e) of the Agreement be amended to read as follows:   (e)        City shall operate and manage all concessions and collections of gross receipts on the pier in (e)        City shall operate and manage all concessions and collections of gross receipts on the pier in accordance with Paragraph XII herein. The amount of the fee charged for admission to the pier shall not accordance with Paragraph XII herein. The amount of the fee charged for admission to the pier shall not exceed $8 per person, unless the prior approval of the Commissionerexceed $8 per person, unless the prior approval of the Commissioner’’s Court of County is obtaineds Court of County is obtained……  Other fees for use of the pier will remain unchanged for day fishing during the year.  The new night rate of $8 per Other fees for use of the pier will remain unchanged for day fishing during the year.  The new night rate of $8 per patron will only be charged on nights during the summer and fall when fishing will be allowed after the daily park patron will only be charged on nights during the summer and fall when fishing will be allowed after the daily park closing time of 10pm, and will allow fishing until the following morning (usually Thursdayclosing time of 10pm, and will allow fishing until the following morning (usually Thursday--Saturday nights) during Saturday nights) during the season. Night fishing is coordinated with the HCSO, Harris County Precinct 2, and the City of La Porte, via the season. Night fishing is coordinated with the HCSO, Harris County Precinct 2, and the City of La Porte, via the Concessionaire. Should the Night Fishing Fee be approved, the increased revenues will offset the the Concessionaire. Should the Night Fishing Fee be approved, the increased revenues will offset the Concessionaire’’s cost of providing HCSO security during the nighttime hours of operation.  s cost of providing HCSO security during the nighttime hours of operation.    As with all fees collected by the Concessionaire at the Sylvan Beach Fishing Pier, the revenue is split 3 ways, As with all fees collected by the Concessionaire at the Sylvan Beach Fishing Pier, the revenue is split 3 ways, with one share to the Concessionaire and the remaining City and County shares going into the Pier Escrow Fund with one share to the Concessionaire and the remaining City and County shares going into the Pier Escrow Fund for pier repairs and rebuilding in case of a catastrophic event. The proposed $8 fee for Night Fishing would still be for pier repairs and rebuilding in case of a catastrophic event. The proposed $8 fee for Night Fishing would still be the lowest rate for all piers in the Galveston Bay area.   the lowest rate for all piers in the Galveston Bay area.    Action Required of Council:Action Required of Council: Consider approval or other action as follows: 1) authorizing a Night Fishing Fee of Eight Dollars ($8.00) to be Consider approval or other action as follows: 1) authorizing a Night Fishing Fee of Eight Dollars ($8.00) to be charged to customers of the Sylvan Beach Fishing Pier for Night Fishing on certain days during the summer and charged to customers of the Sylvan Beach Fishing Pier for Night Fishing on certain days during the summer and fall seasons, and 2) ratifying and authorizing the execution of a proposed Amended Agreement governing fall seasons, and 2) ratifying and authorizing the execution of a proposed Amended Agreement governing operation of the Sylvan Beach Fishing Pier by the City's Mayor upon tis approval by the Harris County operation of the Sylvan Beach Fishing Pier by the City's Mayor upon tis approval by the Harris County Commissioner's Court.Commissioner's Court.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Council Agenda Item July 14, 2014 10. (a) Receive report of La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A Scott D. Livingston Scott D. Livingston Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Economic Development/Tourism Economic Development/Tourism Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Economic Allliance's Annual Report1. Economic Allliance's Annual Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Chad Burke, President/CEO of the Houston Port Region Economic Alliance, will present the Economic AllianceChad Burke, President/CEO of the Houston Port Region Economic Alliance, will present the Economic Alliance’s Annual Report to the La Porte City Council.Annual Report to the La Porte City Council.   Action Required of Council:Action Required of Council: None 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 July 14, 2014July 14, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Reagan McPhail Reagan McPhail 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. Monthly Rain 1. Monthly Rain SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Adoption Center and Animal ShelterAdoption Center and Animal Shelter    On October 28, 2013, the City issued Frost Construction a written notice to proceed with the construction of the On October 28, 2013, the City issued Frost Construction a written notice to proceed with the construction of the Adoption Center and Animal Shelter.  The notice not only assigned a start date, but it also established a date for Adoption Center and Animal Shelter.  The notice not only assigned a start date, but it also established a date for substantial completion of June 25, 2014.  substantial completion of June 25, 2014.    The time required to construct this project is based on 240 calendar days.  Each and every calendar day after the  The time required to construct this project is based on 240 calendar days.  Each and every calendar day after the notice to proceed date reduces the total number of calendar days to complete by one.  However, the contract does notice to proceed date reduces the total number of calendar days to complete by one.  However, the contract does define and allow for time extensions.   Additional days may be added for several reasons, such as acts of God, define and allow for time extensions.   Additional days may be added for several reasons, such as acts of God, define and allow for time extensions.   Additional days may be added for several reasons, such as acts of God, define and allow for time extensions.   Additional days may be added for several reasons, such as acts of God, unforeseen conditions, and changes to the scope of work.  Inclement weather is often the reason to adjust time unforeseen conditions, and changes to the scope of work.  Inclement weather is often the reason to adjust time pending the construction stage.  This project at the onset was plagued with an inordinate amount of bad weather.  pending the construction stage.  This project at the onset was plagued with an inordinate amount of bad weather.  As of June 25, the project had accrued 75 rain days establishing a new substantial completion date of September As of June 25, the project had accrued 75 rain days establishing a new substantial completion date of September th 8.   Over the past several weeks, City Staff expressed a concern for the lack of progress being witnessed.   There  Over the past several weeks, City Staff expressed a concern for the lack of progress being witnessed.   There were a few issues with the roofwere a few issues with the roof’’s metal blocking.  Additional details were required of the structural engineer, as s metal blocking.  Additional details were required of the structural engineer, as well as the blocking was initially bent incorrectly by the fabricator.well as the blocking was initially bent incorrectly by the fabricator.  Since the issuance of the notice to proceed, the project team consisting of City, contractor, and architect  Since the issuance of the notice to proceed, the project team consisting of City, contractor, and architect personnel, have met every two weeks to discuss project status.  On numerous occasions the subject of completion personnel, have met every two weeks to discuss project status.  On numerous occasions the subject of completion date was a point of discussion.   The contractor is confident they can still meet the substantial completion date by date was a point of discussion.   The contractor is confident they can still meet the substantial completion date by working weekends.working weekends.  The project is approximately 50% complete. The project is approximately 50% complete. Action Required of Council:Action Required of Council: Receive report from Staff on the progress of the Adoption Center and Animal Shelter.Receive report from Staff on the progress of the Adoption Center and Animal Shelter. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Council Agenda Item Council Agenda Item July 14, 2014 July 14, 2014 11.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, • Wednesday, July 23, 2014Wednesday, July 23, 2014 Meet and Confer Meeting, Tuesday, July 22, 2014Meet and Confer Meeting, Tuesday, July 22, 2014 • City Council Meeting, Monday, July 28, 2014City Council Meeting, Monday, July 28, 2014 • Wrecker Committee Meeting, Tuesday, July 29, 2014Wrecker Committee Meeting, Tuesday, July 29, 2014 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 12.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 Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyEngelken, Earp and Mayor RigbyEngelken, Earp and Mayor RigbyEngelken, Earp and Mayor Rigby   13.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 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). ****************************************************************** ******************************************************************